During the October Clearwater City Council meeting, resident Bryan Kelly approached the council to dispute code violations at his Elm Street property. City Administrator Annita Smythe first provided a brief recap of the violations and noted the city is acting on a written complaint.

Kelly disputed the city’s ownership of the property adjacent to his, requesting to see a copy of the city’s title to the property. He argued that the city doesn’t have jurisdiction over him or his property as he is a sovereign citizen and not subject to their authority.

He further stated he has a permit and variance for a garage, disputing that the city has provided him documentation showing otherwise. He said the new shed he built didn’t require a permit as it was grandfathered in as a replacement to an old shed and denied the city’s building inspector had issued a stop-work order.

He added that he had paid his administrative fines with a money order but it had instead been applied to his water bill.

Mayor Andrea Lawrence responded by saying Kelly wasn’t addressing the issues, but instead disputing everything even though evidence to the contrary has been provided.

Later in the meeting the council revisited code enforcement options for Kelly’s property. A motion carried to proceed with all four options recommended by staff, which include: 

1) Certification to the property taxes for the unpaid administrative citations; 

2) Direct staff to survey the city property, physically remove the encroachments, and place barricades at the end of the roadway to deter future encroachment; 

3) Refer future trespassing to the sheriff for citations and/or prosecution; 

4) Refer other city code violations to the city attorney to pursue a court order for removal of illegal structure and other violations.

Cold Storage

During public forum resident Sarah Tasa approached the council to express concerns regarding the proposed Central Minnesota Cold Storage Project. She stated some residents are still against the project due to traffic safety and noise and have concerns about the TIF financing.

Tasa further stated multiple business owners expressed shock at the TIF financing being considered for projects and believe it’s excessive.

A number of residents had attended the council’s September meeting to express concerns about the project as well.

Later in the meeting a public hearing was held regarding Resolution 2022-64 Modification to Tax Increment Financing (TIF) District 3-1 – Central Minnesota Cold Storage.

City Financial Advisor Jessica Green from Northland Securities provided an overview of the proposed modification to TIF District 3-1, noting the primary changes are to the boundaries of the district to account for access moving to Co. Rd. 7, and to the estimated valuation of the proposed development project based on a revised estimate from the assessor.

She noted the city is still waiting for a commitment for project financing from the developer’s lender and that a development agreement needs to be executed before the district is certified. When asked, she explained term length is 9 years total and is set by MN Statutes. 

A motion carried approving the resolution.

Park Commission

A motion carried approving the installation of lighting at El Dorado Park for the basketball/hockey rink area for $14,619. The Park Commission is also waiting for irrigation quotes for El Dorado’s new rugby field and possibly the small ballfield.

Council Member Luhmann reported she is working with Clearview Elementary to complete the second mural at Spring Street Park. 

Other Business

A motion carried to authorize moving the hydrant at Lions Park as it regularly sustains damage from being hit by vehicles. T.O. Plastics has offered to cover the installation costs which is approximately half of the $16,575 quote.

A motion carried to proceed with fall street sweeping 3-1 with Council Member Lenz voting against, noting that this spring’s flooding was caused by the ground being frozen, not because of fallen leaves.

The EDA is working on a community survey in regard to the community center project. Council Member Crandall provided an overview of the new direction of the signs project and shared concept plans for the new proposal from RHL that is approximately half the cost of the original.

The next Clearwater City Council meeting will be Dec. 14 at 7 p.m.