4.1. DRAFT MINUTES 03-17-2014 VA
City of
Elk Meeting of the Elk River City Council
River Held at the Elk River City Hall
Monday, March 3, 2014
Members Present: Mayor Dietz, Councilmembers Wilson, Burandt, and Motin
Members Absent: Councilmember Westgaard
Staff Present: City Administrator Calvin Portner, Community Operations and
Development Deputy Director Manager Jeremy Barnhart, Finance
Director Tim Simon, Community-Operations and Development
Director Suzanne Fischer, and Sr . dlninistrative Assistant Jennifer
Johnson
I. Call Meeting to Order
Pursuant to due call and notice thereof, the meeting of the Elk ffiver 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 03/03/2014 Agenda
Councilmember Motin asked to re item 4.8 and discuss this item in conjunction
with item 8.2. He asked to remove item 4.9 for discussion.
Mayor Dietz asked to remove item 4.3 for discussion.
''Moved by Councilmember Motin and seconded by Councilmember Wilson to
approve the March 3, 2014, agenda with the above-mentioned changes.
Motion carried 4-0.
4. Consider Consent Agenda
Moved by Councilmember Wilson and seconded by Councilmember Motin to
approve the following consent agenda:
4.1 Minutes
• February 3, 2014, regular
• February 18, 2014, closed
• February 18, 2014, regular
4.2 Check register as outlined in the staff report.
4.4 Peddler License for Michelle Remick, Brain Freezze Ice Cream Truck
valid through December 31, 2014.
4.5 Special Event Permit for McCoy's Pub 5K Run scheduled for March
15, 2014, with the following conditions:
City Council Minutes Page 2
March 3,2014
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 property owners who must be notified. Event planner must
submit an affidavit that the notice was distributed.
2. Applicant must contact Police Captain Ron Nierenhausen
(763.635.1202) at least two weeks prior to event to arrange for police
services.
3. Walkers/runners are to utilize sidewalks, trail systems, or road
shoulders throughout the entire route. No road closures will be
permitted. It is each runner's responsibility to ensure the
streets/intersections are safe prior to crossing.
4. Race may begin at the Downtown River's Edge Park with the
understanding that the park must remain open to the public at all
times.
5. Applicant shall be responsible for garbage clean-up immediately
following the race.
6. No paint allowed anywhere on trails. Chalk or cones may be used.
4.6 Heritage Preservation Commission annual report as outlined in the
staff report.
4.7 Authorization to apply for grant for attendance at American
Association of State and Local History 2014 Conference as outlined in
the staff report.
4.8 Authorization to apply for MN Historical Society certified local
government grant for water tower as outlined in the staff report.
4.10 Hire economic development specialist Colleen Eddy effective March
24, 2014, at step A of pay grade 7.
Motion carried 4-0.
4.3 Lead Street Maintenance Operator Position Description
Mayor Dietz stated his concerns regarding the delay in filling this position,noting his
concern for Street Superintendent Mark Thompson's work load and the desire to
have this position filled in January.
Ms. Fischer stated that during the process of posting and filling this position,the
position description used did not accurately reflect the attributes desired in a lead but
rather those in an assistant superintendent. She stated the proposed revised position
description is one that was drafted in 2012 and feels more accurately reflects the daily
responsibilities of the Lead position and is similar to other Lead positions in the city.
She stated she too was anxious to fill this position to relieve Mr.Thompson's work
load.
Moved by Councilmember Wilson and seconded by Councilmember Burandt
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March 3,2014
to approve the Lead Street Maintenance Operator Position Description as
outlined in the staff report. Motion carried 4-0.
4.9 Resolution Calling for Public Hearing for Black Hawk Housing Tax
Increment Financing
Councilmember Motin noted this item had been discussed and approved at the
Housing and Redevelopment Authority (HRA) meeting earlier that evening,but
noted HRA commissioners did express concerns with approving this project.
Mayor Dietz didn't feel it necessary to move forward with a public hearing,knowing
the cost the developer would spend if the project wasn't approved. He stated he
wasn't supportive in approving this housing project using TIF monies.
Councilmember Wilson stated his perspective was that this was an opportunity to
see an HRA housing project use the newly-designed TIF worksheet. He stated
Council should communicate to the HRA if they were not in favor of supporting
housing projects that use TIF monies.
Councilmember Burandt asked if any other funding options were available for the
developer.
Mayor Dietz stated he wasn't aware of other funding options available.
Councilmember Motin stated it was possible the project would qualify for housing
credits. He expressed concerns with moving forward with the public hearing if the
developer would continue to incur costs.
Mr. Simon stated the application fee of$10,000 was covering any costs of the
approval process of this project,which included the cost of a public hearing. He
stated the developer would be billed for any incurred costs over$10,000, and
refunded any difference under $10,000 if the project wasn't approved or withdrawn.
Moved by Councilmember Burandt and seconded by Councilmember Wilson
to approve Resolution #14-09 calling for Public Hearing on a Modification to
the Development Program for Development District No. 1, Establishment of
Tax Increment Financing District No. 24, and the Adoption of a Tax
Increment Financing Plan Therefor for Black Hawk Housing Tax Increment
Financing as outlined in the staff report. Motion carried 3-1 with Mayor Dietz
opposing.
S. Open Forum
No one appeared for Open Forum.
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City Council Minutes Page 4
March 3,2014
6.1 County and City Prosecutor Update
Kathleen A. Heaney, Sherburne County Attorney, and Elk River City Prosecutor
Scott Baumgartner were present to review Elk River statistics as presented in the
staff report.
Ms. Heaney commended the Elk River Police Department in their preparation and
presentation of case files to their office. She also commended the Star News for their
recent coverage on domestic abuse. Ms. Heaney discussed current crime trends and
factors leading to those trends, such as mental health and substance abuse, and the
programs her office uses to provide assistance to help people improve their lives.
Mayor Dietz asked if the presence of the Sheriffs Drug Task Force helps mitigate
drug use in the county.
Ms. Heaney stated she felt the task force was an effective tool in the collective fight
against drug use in the county.
Mayor Dietz asked after reviewing the statistics provided in the staff report,in what
situations would a gross misdemeanor domestic assault case be plead to a lesser
cause.
Mr. Baumgartner stated due to the emotional nature of domestic assault,it was
sometimes difficult to encourage a victim and their family to remain fully involved in
pursuing a conviction,and noted a case resolution is often drafted in order to
provide the defendant with help on any underlying condition with efforts to keep a
family together.
Mr. Baumgartner introduced Attorney Derek Archambault to the Council, noting his
assistance towards the overall success of their prosecution services to the city. Mr.
Baumgartner updated the Council on his recent review of offenses in the city code of
ordinances for Elk River that were chargeable as a misdemeanor. He stated some of
these offenses were better suited to be resolved with a payable fine and not require a
court appearance. He then reviewed his office's conviction rate and forfeiture data.
He also echoed Ms. Heaney's comments regarding the Elk River Police Department
and Star News.
Mayor Dietz asked how much time officers were spending in court testifying.
Mr. Baumgartner stated based upon the excellent police department case preparation
and his office's ability to resolve cases before trial,very little officer time was spent
for court. He did note the requirement for officer attendance at contested hearings
may increase based in part by an upcoming Court of Appeals ruling that may affect
DWI case law. Overall, however,Mr. Baumgartner and Ms. Heaney stated they were
aware of the importance of keeping the time officers were spending in court to a
minimum.
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March 3,2014
Mayor Dietz appreciated Ms. Heaney and Mr. Baumgartner for taking the time to
provide this update to the Council.
7.1 Public Hearings
There were no public hearings.
8.1 2014-15 Council Visioning Plan Updates
Mr. Barnhart presented the staff report.
Mayor Dietz stated he was pleased with staffs efforts in keeping the Council
updated and consciously moving forward with this plan.
4.8 Authorization to Apply for MN Historical Society Certified Local
Government Grant for Water Tower
8.2 Formation of a Save the Water Tower Subcommittee
Mr. Barnhart presented the staff report for both items 4.8 and 8.2.
Councilmember Motin asked in reference to item 4.8,if one of the intentions of the
grant would determine if saving the water tower was feasible given its condition.
Mr. Barnhart stated the grant would help them identify steps towards making a
decision to either continue the process of restoring the water tower or demolish it.
He wasn't aware of any current reports on the condition of the water tower.
Mayor Dietz noted the Utilities Commission has proposed to donate $55,000
towards the cost of whatever action was decided by the Heritage Preservation
Commission (HPC). He stated he was glad to see the HPC working with staff in
determining an outcome of the water tower.
Ms. Fischer noted a structural assessment of the water tower would be needed when
submitting requests in seeking any large funds for lead abatement, restoration, or
demolition of the water tower.
Commissioner Wilson noted he is also pleased to hear the action on the part of the
HPC to work with staff to gather resources and determine an outcome of the water
tower.
Councilmember Motin agreed with Councilmember Wilson's comments.
Moved by Councilmember Wilson and seconded by Councilmember Burandt
to authorize staff to apply for a Minnesota Historical Society Certified Local
Government Grant to fund a historic structures report for the Jackson Street
Water Tower as outlined in the staff report. Motion carried 4-0.
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March 3,2014
In reference to item 8.2, Councilmember Motin asked if the subcommittee would be
forming a non-profit 501(c)(3) in order to accept the donations.
Mr. Barnhart clarified that the subcommittee would be forming to determine if a
non-profit would be required in order to accept any donations it may receive.
Moved by Councilmember Wilson and seconded by Councilmember Motin to
approve the formation of a subcommittee which would explore the options for
accepting donations for the restoration of the Jackson Street Water Tower as
outlined in the staff report. Motion carried 4-0.
8.3 Discuss Work Session Items
Mr. Portner presented the staff report. There were no additional items added to the
future work sessions.
9. Council Liaison Update
The Council provided updates of the work of the various boards/commissions.
10. Adjournment
There being no further business,Mayor Dietz adjourned the meeting of the Elk
River City Council at 7:39 p.m.
Minutes prepared by Jennifer Johnson.
John J. Dietz,Mayor
Tina Allard, City Clerk
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