1. Call to Order. The regular meeting of the Council of the City of Rogers was called to order by Mayor Bunting on Tuesday, October 9, 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: Jeff Beahen, Police Chief; Stacy Doboszenski, Assistant City Administrator; IS Director, Jason Greninger; Steve Grittman, City Planner; John Seifert, Public Works Supt.; Steve Stahmer, City Administrator; and Bret Weiss, City Engineer.
2. Open Forum
3.01 Presentation by the Police Foundation to the Rogers Police Dept. for the Purchase of AEDs
Dean Capps with the Rogers Police Foundation addressed the Council regarding two items; the donation of lockers for police reserves and a donation of $2000 for two AED units which Capps presented to Chief Beahen.
Beahen addressed the Council stating that Officer Bohlsen became aware of a program through Wells Fargo whereby employees donate to organizations of their choice. Beahen stated the City received a $1000 donation from Silpa Patel, who resides in California, for the third AED unit.
Council thanked Dean Capps and Ms. Patel for their donations.
4. Approve agenda
The agenda was set as submitted.
8.01 Public Safety Task Force added by Bunting
5. Consent Agenda
5.01 Approval of Minutes from September 25, 2012 City Council Meeting Minutes
5.02 Approval of Bills and Claims
5.03 Approval of a Minnesota Lawful Gambling Exempt Permit to Rogers High School Band Boosters to Conduct Bingo on Monday, October 29, 2012, at the Rogers Community Room, located at 21201 Memorial Drive
5.04 Server Replacement Project
5.05 Adopt Ordinance No. 2012-09, An Ordinance Amendment to the On-Site Sewer Ordinance and Summary Ordinance No. 2012-09 Removed by staff prior to meeting
5.06 Adopt Ordinance No. 2012-11, An Ordinance Defining and Regulating Special Events and Summary Ordinance No. 2012-11
5.07 Authorization to Approve Job Description and Filling of the Maintenance II Position
5.08 Zayo Group, LLC Right-Of-Way Agreement
5.09 Snow Tires for Loader
5.10 Miscellaneous Trail Repairs
5.11 Approval of Municipal Delegation Agreement with MN Dept. of Labor
Ihli moved, Bell seconded a motion to approve the consent agenda less 5.05. Motion carried 5-0.
6. Public Hearings
7. General Business
7.01 Approve a Proposal for Engineering Services Related to the Final Design Process and Coordination for the TH 101 and CSAH 144 Interchange Project
Engineer Weiss stated this is the next step in the County Road 144/Highway 101 project. MnDOT is currently moving forward with final design and asked that the City participate in that process. This proposal is to address final design issues, attendance at meetings with County and MnDOT, funding allocation, and to facilitate additional public involvement related to the closure to complete construction. Weiss pointed out some additional items including working with MnDOT regarding bridge aesthetics similar to the flyover project. Weiss discussed a request to MnDOT for a wider bridge span. Weiss stated the $75,000 engineering proposal will get the City through the next phase of the project.
Council questioned when they will see the final design and when they will have input. Weiss discussed the process.
Also discussed was a temporary signal light at County Road 147 during construction. There will not be a permanent light or access at County Road 147 and Highway 101. Weiss then discussed emergency access only at 101 and County Road 147 after the improvements.
Bell moved, Ihli seconded a motion to approve the proposal from WSB in the amount of $75,000 to provide professional engineering services related to the final design for the TH 101 and CSAH 144 Interchange Project. Motion carried 5-0.
7.02 Adopt Ordinance No. 2012-10, An Ordinance Amendment to Section 30.64 and Adding Section 30.65 of the Rogers City Code Relating to Hunting and Shooting and Summary Ordinance No. 2012-10
Planner Grittman addressed the Council regarding the proposed ordinance regulating hunting and shooting in the City of Rogers. Prior to the annexation, discharge of firearms in the City was not allowed; hunting was not an allowable activity. This ordinance is intended to address the regulation of hunting and shooting in rural areas. The structure of the ordinance creates general prohibitions then goes through a series of exceptions to the code; i.e. law enforcement, location, target shooting, etc. Grittman went through a series of items that are allowed under the ordinance.
Bunting stated one thing the ordinance doesn't address is large parcels of land. Bunting also questioned if the property owners need to obtain a permit every year.
Staff responded that with 100 acres or more zoned AG, the property owner is allowed to hunt without the permit. The permits obtained from the Police Chief are valid for that hunting season.
Bunting questioned distances and if they are taken from state statutes. Grittman explained.
Bunting talked about NRA regulations for the discharge of firearms. Thinks that when something like this comes up, there is a fine line when infringing on constitutional rights and protecting the public from unsafe use of firearms. Bunting commented that the Planning Commission and Police Chief have done a very good job in walking that line.
Bunting invited members of the audience to come forward who want to speak to the ordinance.
Ihli asked Martin and Swanson if the ordinance is a great departure from what Hassan had in the past. Martin stated that former Hassan residents were at the Planning Commission meeting and were very satisfied with the ordinance. Martin talked about protecting the livelihoods of all.
Ihli thought that those present at the Planning Commission meeting were pleased with the results.
Chief Beahen addressed the Council to clarify something; the right to bear arms and the privilege to hunt. Beahen explained the difference between rights and privileges. We are not infringing on rights, we are protecting the City. We have had six residents come in for the permits and all six have received their permits to shoot. Beahen stated his intention is to work with every resident that comes in. Beahen commented that this is something that the planning staff and he worked closely on not to reduce privileges, but to make sure those privileges are done as safely as possible. Beahen clarified that there is not a fee associated with the hunting permit but that a new permit needs to be obtained every hunting season.
Bell stated he has a couple questions; section 1 (d) Bell asked if it is worthwhile to include airsoft guns or similar low velocity guns. Also, Bell questioned section 1(c) 5 a. Discharge of shotguns, asking if it should be changed from shotguns to legal firearms. This led to a discussion between Council, Martin, and staff regarding the regulation at organized gun clubs.
Bell questioned if the term dangerous weapons is too loose of a term that could be extrapolated to other things such as knives or other edged weapons.
Martin stated in the beginning it is specific to discharge of weapons with cartridges.
Beahen stated it is defined in the Elk River ordinance and the definition of this ordinance could be changed to address the concern.
Stahmer asked if that definition in the ordinance is intended to mirror a state statute. Beahen stated it is a city definition and discussed adding a definition of dangerous weapons.
Bell presented a hypothetical situation for clarification by Grittman and Beahen.
Bell moved, Bunting seconded a motion to adopt Ordinance 2012-10 as written with the addition of the definition of dangerous weapons and to incorporate airsoft guns in the appropriate section. Motion carried 5-0.
8. Other Business
8.01 Public Safety Task Force
Bunting stated in the past few months he has had conversations with the Police Chief; probably has had more with this Chief than the rest combined. Bunting stated in his last meeting he was alarmed by the increased presence of heroin in Rogers and concerned about a search warrant on a house in former Hassan Township where there was a variety of stolen property and drugs in the presence of children.
Bunting suggested the establishment of a public safety task force to address issues within both the police department and fire department; a task force similar to the transportation task force.
Administrator Stahmer stated he has some experience with this type of committee. Stahmer suggested the task force be comprised of him, the Police Chief, Fire Chief, Mayor and one councilor, and others as needed.
Ihli discussed the importance of getting police data out to the residents.
Bunting commented on conversations he has had with other communities going back three years regarding the creation of a fire district.
Stahmer commented that the task force can be started and stopped at any time; it doesn't need to be commemorated in ordnance.
Stanley, Ihli, and Bunting all volunteered for the task force.
Bunting stated Council can make those appointments at the next meeting and asked staff to add it to the agenda for the next meeting. Ihli stated feels it is important to have the Mayor and one councilmember. Stanley agreed.
9. Correspondence and Reports
9.01 Roll-Off Equipment Purchases
9.02 Transportation Task Force Meeting Minutes
9.03 September, 2012 Police Report
Bell moved, Stanley seconded a motion to adjourn at 7:52 p.m. Motion carried 5-0.
Assistant City Administrator/Clerk