4.1. DRAFT MINUTES 09-16-2013 VA
City of
Elk Meeting of the Elk River City Council
River Held at the Elk River City Hall
Tuesday, September 3, 2013
Members Present: Mayor Dietz, Councilmembers Westgaard, Burandt, and Motin
Members Absent: None
Staff Present: City Administrator Calvin Portner, Community Operations and
Development Deputy Director Manager Jeremy Barnhart, Finance
Director Tim Simon,Environmental Administrator Rebecca Haug,
Fire Chief John Cunningham, Community Operations and
Development Director Suzanne Fischer,Economic Development
Director Brian Beeman„Assistant Economic Development Director
Clay Wilfahrt, Police Chief Brad Rolfe, City Engineer Justin Femrite,
Building Maintenance Supervisor Gary Lore, Parks and Recreation
Director Michael Hecker,Parks Maintenance Supervisor Rodney
Schreifels, and City Clerk Tina Allard
Call Meeting to Order
AftAk.,
Pursuant to due call and notice thereof, the meeting of the Elk River City Council
was called to order at 6:30 p.m. by Mayor Dietz.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. ,Consider 09 /03/2013 Age nd
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Moved by Councilmember Westgaard and seconded by Councilmember
Motin to approve the September 3, 2013, agenda. Motion carried 5-0.
4. Consider Consent Agenda
Moved by Councilmember Wilson and seconded by Councilmember Burandt
to approve the following consent agenda:
4.1. August 19, 2013, regular meeting minutes.
4.2 Check register as outlined in the staff report.
4.3.A Special event permit to Elk River Youth Volleyball for a 5K walk/run
scheduled for Sunday, September 15, 2013, with the following
conditions:
1. The event planner is required to notify surrounding businesses,
residents, and organizations. The city will provide a template of the
notice that must be distributed. The city will also provide a list of
City Council Minutes Page 2
September 3,2013
the properties to be notified. The event planner must submit an
affidavit that the notice was distributed.
2. Applicant shall be responsible for garbage clean up immediately
following the event.
3. No paint allowed anywhere on trails. Chalk or cones may be used.
4. Applicant must contact Police Captain Ron Nierenhausen at least
three weeks prior to event to arrange for police reserves.
5. All dogs must be leashed according to city code.
4.3.13 Special event permit to Elk River Golf Club to hold a concert on
Saturday, September 14, 2013, subject to the following conditions:
1. The event planner is required to notify surrounding businesses,
residents, and organizations. The city will provide a template of the
notice that must be distributed. The city will also provide a list of
the properties to be notified. The event planner must submit an
affidavit that the notice was distributed.
2. Inspection of the outside area by the Fire Department must take
place prior to the event.Applicant is responsible for contacting the
fire marshal at 763.635.1110 to arrange for an inspection after the
tent and stage areas have been set up.
3. Event parking may not obstruct public roadways or render them
unsafe for vehicle or pedestrian traffic.
4. No electrical services shall be across any drive or walking surface.
5. All temporary signs shall receive a permit prior to display.
6. All applicable noise ordinances must be followed.
7. Event must be consistent with map submitted.
4.3.0 Special event permit to Elk River Golf Club/Three Rivers Community
Foundation for Friday, September 27, 2013,with the following
conditions:
1. Alcohol must be limited to an area that is fenced in with secured
and controlled access. Age verification is required and wrist band
control is recommended.
2. The event planner is required to notify surrounding businesses,
residents, and organizations. The city will provide a template of the
notice that must be distributed. The city will also provide a list of
the properties to be notified. The event planner must submit an
affidavit that the notice was distributed.
3. Inspection of the outside area by the Fire Department must take
place prior to the event.Applicant is responsible for contacting the
fire marshal at 763.635.1110 to arrange for an inspection after the
tent and stage areas have been set up.
4. Event parking may not obstruct public roadways or render them
unsafe for vehicle or pedestrian traffic.
5. No electrical services shall be across any drive or walking surface.
6. All temporary signs shall receive a permit prior to display.
7. All applicable noise ordinances must be followed.
8. Applicant is responsible for any costs associated with police
personnel.
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City Council Minutes Page 3
September 3,2013
4.3.1) Special event permit to Elk River High School/Blue Line Club for a
5K walk/run for Saturday, October 12, 2013, with the following
conditions:
1. The event planner is required to notify surrounding businesses,
residents, and organizations. The city will provide a template of the
notice that must be distributed. The city will also provide a list of
the properties to be notified. The event planner must submit an
affidavit that the notice was distributed.
2. Applicant shall be responsible for garbage clean up immediately
following the event.
3. No paint allowed anywhere on trails. Chalk or cones may be used.
4. Applicant must contact Police Captain Ron Nierenhausen at least
three weeks prior to event to arrange for police reserves.
4.4 Purchase of Turbo Chef Model I3 Convection/Microwave Oven as
outlined in the staff report.
4.5 Position Description for On-Call Firefighter as outlined in the staff
report.
4.6 One year extension of the Eagles Marsh Addition plat.
4.7 Central Minnesota Housing and Partnership to write and administer
the pre-application for the Small Cities Development Program with a
commitment of$50,000 in leverage funds.
4.8 Ordinance 13-15 Amending Appendix A Ordinance 13-08
Implementing an Electric Service Franchise Fee for Providing Electric
Service Within the City of Elk River.
Authorize staff to issue refunds to affected customers for any
overpayments they have made toward the franchise fee based on the
clarifications provided in the amended ordinance and changes
reflected in subsequent utility bills.
Motion carried 5-0.
S. Open Forum
No one appeared for Open Forum.
6. Awards, Recognitions, and Presentation
None.
7.1 Tax Increment Finance: Preferred Powder LLC
Mr. Wilfahrt presented the staff report.
Mayor Dietz opened the public hearing to consider Tax Increment Financing
District Number 23 for Preferred Powder Coating,LLC. There being no one to
speak to this issue,Mayor Dietz closed the public hearing.
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September 3,2013
Moved by Councilmember Motin and seconded by Councilmember
Westgaard to adopt resolution 13-52 authorizing an interfund loan for advance
of certain costs in connection with Tax Increment Financing District No. 23.
Motion carried 5-0.
Moved by Councilmember Wilson and seconded by Councilmember Burandt
to adopt resolution 13-53 approving the modification of the development
program for a Development District No. 1, establishing a tax increment
financing district, approving a tax increment financing plan therefor and
authorizing the execution of a development agreement. Motion carried 5-0.
Moved by Councilmember Motin and seconded by Councilmember Wilson to
approve the forgivable loan program loan agreement, the mortgage and
assignment of rents and security agreement and fixture financing statement,
and loan security agreement. Motion carried 5-0.
Moved by Councilmember Westgaard and seconded by Councilmember
Wilson to approve the purchase agreement for wetland banking credits.
Motion carried 5-0.
8.1 2014 Tax Levies and Set Budget Meeting Date
Mr. Simon presented the staff report. He stated the Net Tax Capacity is expected to
increase by .66%. He further noted the budget meeting will need to change from the
date outlined in the staff report due to the county setting their budget meeting at
6:00 p.m. on the same evening.
Moved by Councilmember Westgaard and seconded by Councilmember
Burandt to adopt Resolution 13-54 authorizing the proposed property tax levy
for collection in 2014. Motion carried 5-0.
Moved by Councilmember Wilson and seconded by Councilmember Motin to
adopt Resolution 13-55 approving the Housing and Redevelopment Authority
Tax Levy. Motion carried 5-0.
Moved by Councilmember Westgaard and seconded by Councilmember
Burandt to adopt Resolution 13-56 approving the 2014 tax levy for Economic
Development purposes for the Elk River Economic Development Authority.
Motion carried 5-0.
Moved by Councilmember Motin and seconded by Councilmember
Westgaard to set the public comment budget meeting for 7:00 p.m.,
December 2, 2013. Motion carried 5-0.
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September 3,2013
8.2 Discuss Work Session Items
Mr. Portner presented the staff report. He noted the Northstar group would like to
attend the October 7 Council meeting to discuss transient oriented development
near the rail station and to give an overview of their goals and vision.
9. Council Liaison Updates
The Council provided updates of the work of the various boards/commissions.
The City Council recessed at 6:50 p.m. in order to go into worksession.
The City Council reconvened at 6:51 p.m.
10.1 Quiet Zone Direction
Mr. Femrite presented the staff report. He reviewed five options for wayside horns
at railroad crossings. He noted Jackson Avenue was not included as an option for the
wayside horn because the sound would be very intrusive as it projects down the
center of the street toward downtown Elk River.
Mr. Femrite explained how Burlington Northern Santa Fe Railroad (BNSF) reviews
intersection safety factors. He stated BNSF looks to the city to come up with options
to increase the safety levels of each intersection. He stated the city increases its safety
index by doing more of the Supplemental Safety Measures (SSM's).
Mr. Femrite recommended Option 2 to Council, He noted the city already has
planned street improvements,which Option 2 could be incorporated into without a
lot of additional expense,plus the city would get some additional safety measures.
He noted it is better to be higher on the safety index scale so if the safety measures
change,the city may enough cushion under the new measures without having to
spend additional funds.
Council noted the city could still install more safety measures in the future to help
out the city's safety index as funds are available.
Council questioned if there was any discussion with the City of Ramsey regarding
costs for the Jarvis Street crossing because they volunteered to pay for it at a
previous joint meeting between the two cities.
Staff will look into this matter. It was noted this project could be slated for spring
2014.
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September 3,2013
Council questioned funding for this project and suggested utilizing the GRE Reserve
Fund because it would be a one-time expense with no future impact to the General
Fund budget.
Mr. Simon further noted the Street Improvement Reserve fund could be used.
Council consensus was to pursue Option 2 as outlined in the staff report.
Staff noted this option will still need review by BNSF and Federal Rail.
10.2 2014 Budget
Mr. Simon presented the staff report. He reviewed sample tax impacts on residential,
commercial, and industrial properties.
Mayor Dietz went through each position and questioned Council as to how they felt
about keeping them in the budget. He noted he has an issue with hiring a deputy fire
chief in June 2014. He further stated he believes the position is needed and he knows
the fire chief has a lot on his plate,but (in 2012) the firefighters were told the
position would not be filled for the next 3-5 years and he would like to wait until
January 1, 2015. He stated the firefighters were very concerned about this position.
He further stated it will be easier to fill the position because the city will have more
money coming in from property taxes.
Councilmember Motin stated he would like to keep the position in the budget as it
will be another 10 months before the city is looking to hire for it. He further stated
the position should be filled when it is needed.
Councilmember Wilson questioned why hiring of a deputy chief would be an issue
for firefighters.
Mayor Dietz stated the firefighters were concerned about a total upheaval in the
department because it is going to change the structure of the department and
eliminate the existing assistant fire chief position.
Councilmember Wilson concurred with Councilmember Motin and further stated
the position should be filled if it is a needed position and the task force has agreed
upon it. He further stated he has concerns with putting it off because people will be
upset by it.
Chief Cunningham stated one reason it has been pushed out is to give people time to
know it's coming and to work with officers on self-assessment and the creation of
new job descriptions,which is currently underway. He discussed the workload of
chiefs position and some of the projects that are on backburner due to limited staff
time. He stated that no individual is being eliminated but rather working to redo the
command structure of the organization,including evaluating the knowledge, skills
and abilities of the officers. He stated the department needs to be more proactive
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rather than reactive. He further stated the department needs to instill more
leadership throughout its organization.
Mr. Portner noted recent retirements and the fact that there are a number of fire
department members with long tenure that are eligible for retirement. He expressed
concerns with potential turnover and an adequate training/experience within the
department. He stated that the person currently filling the assistant chief's position
is a volunteer paid on-call person. He noted there is a gap with the training and
certifications among the fire department officers. He further stated that there is a
need to backfill the fire chief in the event of a large incident as well as to assist with
the citywide safety program. He stated if the city doesn't take care of these programs
now it will be paying on the back-end with other costs, such as insurance.
Mayor Dietz stated he is not convinced the city need a full-time parks maintenance
operator and he would be willing to hire for six months as a seasonal position.
Mr. Portner stated the season is more than just summer months due to the amount
of tree work and planning that must be completed. He stated service levels have
increased in the last few years and that the Council should evaluate what services are
important or should be given up for the department if the position is not hired.
Councilmember Westgaard noted the city has had an increase of service levels in
parks due to recent acquisitions, etc.
Mr. Portner stated the human resources position is still being evaluated and he is not
sure what the savings will be due to the timekeeping system. He noted planning work
has increased and staff would like to get by with an intern for another year.
Councilmember Motin questioned if the Planner/Park Planner position should be
pulled back to planning full-time and someone else should be hired for parks.
Mr. Portner stated this still needs further evaluation and the Parks Comprehensive
Plan needs to be completed.
Mayor Dietz stated he would like to add the police drug task force position to the
budget. He discussed his conversations with the sheriff and noted that 25% of drug
cases are related to Elk River. He further stated the proposed pay for the position
seem too high to the sheriff.
There was discussion on funding and revenue from forfeitures.
Mr. Portner stated a policy discussion should be reviewed for the task force position.
He also noted the environmental technician position is being evaluated due to
changes with the stormwater management plan. He stated there is a need for more
assistance in the department but it is yet to be determined how and where.
Mr. Barnhart noted the Council will see a lot regarding this position in November.
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September 3,2013
Councilmember Westgaard stated the Council can always change the tax rate if more
funding is needed for maintaining or fixing service levels; however,the Council owes
it to the taxpayers to challenge each other about what is needed in budget. He
further stated their priority is the community and maintaining certain levels of
service. He stated he appreciates everyone's efforts in preparing the budget and the
tough discussions on personnel.
II. Adjournment
There being no further business,Mayor Dietz adjourned the meeting of the Elk
River City Council at 8:22 p.m.
John J. Dietz,Mayor
Tina Allard, City Clerk
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