1. Call to Order. The regular meeting of the Council of the City of Rogers was called to order by Mayor Bunting on Thursday, August 16, 2012 at 7:00 p.m. at Rogers Community Center, 21201 Memorial Drive, Rogers, MN, 55374.
Council present: Rob Bell, Jay Bunting, Don Hall, Rick Ihli, and Maureen Stanley.
Staff present: Gary Buysse, Liquor Operations Manager; Jeff Beahen, Police Chief; Jeff Carson, City Attorney; Stacy Doboszenski, Assistant City Administrator; Brad Feist, Fire Chief; Steve Grittman, City Planner; John Seifert, Public Works Supt.; Steve Stahmer, City Administrator; Bret Weiss, City Engineer; and Lisa Wieland Finance Director.
2. Open Forum
3.01 Citizen Commendation
Bunting asked Chief Beahen to come forward and present a commendation to a Rogers citizen that went above and beyond the call.
Beahen provided the background information an armed robbery at the Super America. Chief Beahen also commended Sgt. Pitts, Officer Courtright, an officer from Dayton, and Officer Daniel Ryan who arrested the individual and will be commended. Chief Beahen read from the following prepared statement of commendation:
On August 14th, 2012 at 11:36 pm, Rogers resident John Daiker was present at the SuperAmerica Station at 21550 South Diamond Lake Road, when he observed a suspicious male enter the station and proceed toward the cashier. Mr. Dakier saw that this individual was dressed in dark clothing, had a hooded sweatshirt on, and was wearing a bandana over his face. Fearing that a robbery might occur, Mr. Dakier stood by his vehicle and pretended to wash his windows so he could monitor the suspect's activity. Mr. Daiker saw the suspect go in behind the clerk and realized the clerk was actually being robbed. Mr. Daiker moved his vehicle into a position to block one of the store entrances to prevent the suspect from fleeing out the doorway. He then alerted two customers who were nearby in a vehicle, and instructed them to call 911 and report the robbery.
Mr. Daiker ran to the other entrance and when he got there the suspect was running out the door. Mr. Daiker gave pursuit, noting that the suspect had what appeared to be a bag in one hand, and a black handgun in the other. In spite of that danger, he pursued the suspect without regard to his own safety, and after a brief foot chase, tackled the suspect in the parking lot of an adjoining business. Mr. Daiker restrained the suspect, keeping control of him while applying a choke hold to the resistive and combative suspect, until police arrived. Mr. Daiker was unaware that the Rogers Police Department had the SA store under surveillance, and actually saw the robbery occur. Mr. Daiker assisted Officer Daniel Ryan in applying handcuffs to the suspect, who was then safely taken into custody. Mr. Daiker did suffer injuries to his hands during the restraining process.
John Daiker is recognized for his attention and response to this immediate threat of great bodily harm to the SA Clerk, and others in the area. He hastily developed a tactical plan to prevent the escape of an armed suspect; he utilized others to alert 911, and with great risk to himself, gave pursuit to a fleeing felon, who clearly was brandishing a firearm. His heroic acts were exemplary, and his actions resulted in the immediate apprehension of an armed robber. The City of Rogers recognizes him for this selfless act, and he is hereby awarded this Departmental Commendation.
Mayor Bunting thanked Mr. Daiker and presented him with a key to the City.
3.02 Overview of Joint Planning Task Force
Planner Grittman provided background on the work of the Joint Planning Task Force. Most group members had upwards of 40 or more meetings to integrate the two communities land use plans and ordinances. The Council recognized the following Joint Planning Task Force members: Brian Denker, Lori Ende, Dick Martin, Maureen Stanley, Steve Swanson, John Kemmetmueller, and Mark Walstrom.
4. Approve agenda
The agenda was set as submitted.
5. Consent Agenda
5.01 Approval of Minutes from July 24, 2012 Workshop Minutes and July 24, 2012 City Council Meeting Minutes
5.02 Approval of Bills and Claims
5.03 Approval of the Following Requests by Kinghorn Construction:
• Adopt Ordinance No. 2012 - 07, An Ordinance Rezoning Property Within the City of Rogers From Agricultural to MU-R, Mixed Use Regional and L-I, Limited Industry and Summary Ordinance No. 2012-07
• Approval of Resolution No. 2012-37, A Resolution Approving an Amendment to the Rogers Comprehensive Plan Reguiding the Subject Property From Mixed Use to Industrial
5.04 Approval of Resolution No. 2012-38, A Resolution Starbucks for Site Plan Approval – 13590 Northdale Blvd
5.05 Approval of Resolution No. 2012-39, A Resolution Granting a Sign Standards Adjustment to True Value Hardware, Located at 21351 John Milless Drive
5.06 Approval of Resolution No. 2012-40, A Resolution Granting a Sign Standards Adjustment to Rogers BP, Located at 13101 Main Street
5.07 Approval of Minnesota Lawful Gambling Exempt Permit for the Knights of Columbus to Conduct Bingo on Oct. 14, 2012, Nov. 11, 2012, Dec. 9, 2012, Jan. 13, 2013, Feb. 10, 2013 and Mar. 10, 2013 at Mary Queen of Peace, located at 21304 Church Ave.
5.08 Door Controller System Upgrade for Public Works, City Hall, Police and Fire Station 1 Buildings
5.09 Authorization to Award Preliminary Space Needs Study to HTG Architects for Public Facilities
5.10 Approval of Resolution No. 2012-41, A Resolution Canvassing the August 14, 2012 Municipal Election Returns and Declaring Results
5.11 Approval of Resolution No. 2012-42, A Resolution Confirming Cabela's Satisfaction of Wetland Credits
5.12 Conduit Use Lease Agreement
5.13 Approval to Hire Zachary Guttormson for the Water Resources Technician/Non-Building Code Inspector Position
Ihli moved, Stanley seconded a motion to approve the consent agenda. Motion carried 5-0.
6. Public Hearings
7. General Business
Mayor Bunting stated should people have questions on a general business item, raise your hand to be recognized, and although you may not be recognized right away, once you are recognized please approach the podium and provide your name and address and you may ask your question.
7.01 Consider Authorization for Right-of-Way Services for the TH101/CSAH144 Interchange Project
Engineer Weiss stated this is the next step in proceeding the 101/144 project stating the right of way process needs to be completed by September of 2013 with the project award occurring prior to January 1, 2014 to keep the SaM funding. County funds will be used to make the right of way purchases. Weiss provided a revised memo to Council which breaks down the cost for those services.
Stanley asked when the acquisitions will be brought back before the council; Weiss anticipates within the next several months.
Stanley stated she would prefer the right of way engineering process be done in two parts; $75,500 for providing engineering services and requesting quotes from appraisers to be brought back at a future meeting.
Stanley moved, Ihli seconded a motion to approve the proposal from WSB & Associates, Inc. in the amount of $75,500 for providing professional engineering services as it relates to completing the right of way acquisition process and authorize the request of quotes from appraisers to be brought back to a future Council meeting. Motion carried 5-0.
There was a brief pause for Chief Beahen to return to the meeting.
7.02 Authorization to Begin Hiring Process for Police Officer
Chief Beahen addressed the Council regarding the vacancy created by Officer Nick Courtright resigning. Beahen stated he is looking for Council direction on how to proceed with seeking candidates. There was a hiring list created by a hiring process that Shellum and staff created with several candidates still on that list. Beahen explained we still have two officers on field training and with Officer Sarazin going into the schools; we are down to nine patrolling which is making schedule extremely difficult. Beahen stated another option if not using the existing list would be to recruit officers; stating individuals have contacted him that have expressed a great deal of interest in coming to Rogers.
Bunting asked how many of the top three candidates from the list could come in and be trained quickly. Beahen stated maybe one of the top three. Bunting stated in his point of view, if we could find an experienced officer, there is huge benefit to doing that.
Ihli asked the difference in the training time. Beahen stated 16 weeks or four months with a rookie and an experienced officer could receive as little as two weeks up to a maximum of 6 weeks of field training. Ihli stated his preference would be to find someone who would be able to come in; a seasoned veteran. Stanley agreed.
Stahmer stated the recommendation would be to authorize staff to begin the hiring process and to bring a candidate forward either with experience or from the list.
Bell questioned pay. Staff and Council discussed the union pay scale for patrol officers.
Ihli moved, Bell seconded a motion to allow staff to begin the hiring process to bring a candidate forward either with experience or from the hiring list. Motion carried 5-0.
7.03 Request to Dispose of Forfeited Vehicles (Standing Policy)
Chief Beahen requested the Council adopt a standing policy to allow the police department to dispose of forfeited vehicles under MN stat. 169a.63. Beahen explained that by statute 70% of revenue goes into an account for DWI related enforcement. Beahen discussed the number of vehicles that need to be processed for forfeiture.
Stanley asked where all the vehicles have been. Beahen stated in the shed behind the department.
Bell moved, Stanley seconded a motion approving the adoption of a standing policy which would allow the police department to dispose of forfeited vehicles as allowed under Minnesota State Statute 169A.63 as presented. Motion carried 5-0.
8. Other Business
9. Correspondence and Reports
9.01 July Police Report
10. ADJOURN TO CLOSED SESSION TO DISCUSS 129TH AVE. STORM SEWER OUTLET EASEMENT ACQUISITION
Bunting adjourned the meeting to closed session at 7:30 p.m.
Council reconvened to open meeting at 7:44 p.m.
Bunting stated there is no action coming from the closed session.
Bell moved, Hall seconded a motion to adjourn at 7:44 p.m. Motion carried 5-0.
Assistant City Administrator/Clerk