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4.1. DRAFT MINUTES 05-07-2012DRAFT MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE CITY OF ELK RIVER (UPPER TOWN CONFERENCE ROOM) MONDAY, APRIL 9, 2012 Members Present: Mayor Dietz, Councilmembers Gumphrey, Motin, Westgaard, and Zerwas Members Absent: None Staff Present: City Administrator Cal Portner, Police Chief Bradley Rolfe, Fire Chief T. John Cunningham, Environmental Administrator Rebecca Haug, City Engineer Justin Femrite, Finance Director Tim Simon, Parks and Recreation Director Michael Hecker, ERMU Director of Operations Troy Adams, Street Superintendent Mark Thompson, Street Projects Specialist Phil Hals, and Executive Secretary/Deputy City Clerk Jessica Miller County Board Present: Commissioners Farber, Leonard, Schmiesing, Petersen, and Riebel County Staff Present: County Administrator Brian Bensen, Deputy County Administrator Luci Botzek, Public Works Director John Menter, Zoning Administrator Nancy Riddle, and Solid Waste Administrator Dave Lucas 1. Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:35 p.m. by Mayor Dietz. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Consider Council Agenda MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE THE AGENDA. MOTION CARRIED 5-0. 4. Consider Consent Agenda MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE THE FOLLOWING CONSENT AGENDA: 4.1. APRIL 2, 2012, REGULAR MEETING MINUTES 4.2. ANNUAL RENEWAL OF SALES/STORAGE OF RETAIL FIREWORKS LICENSE FOR CUB FOODS WITH THE FOLLOWING CONDITIONS: 1. TWO (2) FIRE EXTINGUISHERS MUST BE PLACED NEAR THE AREA OF THE FIREWORKS DISPLAY. ONE (1) MUST BE A WATER-BASED PRESSURIZED EXTINGUISHER. City Council Minutes Apri19, 2012 Page 2 2. APPLICANT MUST CONTACT THE FIRE MARSHAL AT 763.635.1110 AFTER THE FIREWORKS DISPLAY IS SET UP FOR AN INSPECTION. 4.3. APPROVE LOW QUOTE SUBMITTED BY OLS RESTORATION, INC. IN THE AMOUNT OF $39,100 TO COMPLETE THE PAINTING OF SEVEN SELECTED TRAFFIC CONTROL SYSTEMS IN ELK RIVER. MOTION CARRIED 5-0. 5. Open Forum No one appeared for open forum. 6. Work Session 6.1. Joint Meeting with Sherburne County Board of Commissioners The meeting of the Sherburne County Board of Commissioners was called to order at 6:36 p.m. by Chair Farber. EI~MU Check Presentation for Landfill-to-Gas Project Mr. Adams presented a check to Mr. Lucas for the landfill-to-gas project. Mr. Adams thanked the county for their support. Discussion was held on a possible expansion of the project. Data Center Progress Mr. Bensen reviewed the proposed layout for a possible data center addition near the government center. Councilmember Gumphrey questioned if a new substation would be required for the data center. Mr. Adams explained that the current system could support the data center that has expressed interest in the property. Mr. Adams noted that an additional transformer will be necessary in the future and outlined a couple of options. Government Center Site Update Mr. Bensen reviewed the Government Center expansion plans as outlined in the county's master plan. Koad Projects Mr. Femrite reviewed current city/county public works collaboration projects as outlined in his staff report. GIBE Location for Household Hazardous Waste Ms. Haug stated that this item is not ready to be discussed at this time. Means to Increase Fuel to GBE Plant Ms. Haug reviewed her staff report. Commissioner Schmiesing indicated that law requiring metropolitan waste haulers to bring mixed municipal solid waste to a resource recovery facility before sending to a landfill was passed years ago but has never been enforced. City Council Minutes Apri19, 2012 Page 3 Tim Steinbeck, Great River Energy -stated that the resource recovery facility is slowly recovering waste but is still below their goal. Commissioner Petersen questioned if the city and township clean-up events can be required to haul to the recovery facility. Ms. Haug stated that the city is hosting its clean-up event at the resource recovery facility this year but that agreements were in place for previous clean- up events that required the haulers to bring the waste to the recovery facility. Mr. Lucas indicated that information was sent to area townships and cities outlining the opportunity to bring waste to the recovery facility rather than the landfill. Potential City/County Collaboration Opportunities Mayor Dietz questioned if there are additional opportunities for the Police and Sheriff Departments to share resources. Chief Rolfe explained that the two departments are already sharing many resources and have a great working relationship. Mayor Dietz questioned if the county audits the gravel tax. Mr. Bensen explained that the auditor requires the gravel haulers to submit statements and that staff is able to review aerial photographs using the GIS system which can indicate how much gravel has been removed. Mayor Dietz stated that the city has used the county's assessing services for many years and he believes the arrangement is working out great. Mayor Dietz questioned the status of the County Fair. Chair Farber explained that there hasn't been any additional discussion on moving the fair. Commissioner Schmiesing indicated that the fair is struggling and it would be helpful for people from Elk River to get involved on the fair board. Commissioner Riebel stated that Mr. Hals has done a tremendous job of assisting with fair preparation. He indicated it may be helpful to get the Chamber of Commerce or local businesses involved as well. Other Items of Mutual Interest Ms. Riddle provided an update on the extension of the Great Northern Trail to Princeton. Councilmember Zerwas questioned the status of the employee clinic. Mr. Bensen stated that the county decided against putting in a pharmacy due to the complexity of the process. He added that the county offers many health and wellness activities for their employees and have realized premium savings for the last three years because of these programs. Mayor Dietz explained that when the Council met jointly with the school district, they discussed exploring an employee clinic and they would be willing to partner with the county and the city on the project. Mayor Dietz indicated that the possibility of a centralized print shop was also discussed when the city and school board met jointly. Commissioner Petersen explained that Sherburne County is involved with the Greater MSP group supporting economic development. He stated that the city may be receiving a questionnaire from them and encouraged staff xo respond appropriately. Mayor Dietz asked for an update on the Great River Regional Library Board. Ms. Leonard, the county representative on the Board, provided an update. The Council thanked the County Board for taking the time to come and meet jointly. City Council Minutes April 9, 2012 Page 4 The meeting of the Sherburne County Board of Commissioners was adjourned at 7:50 p.m. The Council took a five minute recess at that time. 6.2. Storm Water Fee Update/Discussion Ms. Haug presented her staff report. Stan Hanson, Stantec - reviewed a PowerPoint outlining possible storm water utility fee structures and information. Councilmember Zerwas questioned why the funding is needed to be in compliance when staff indicated the city has been in compliance since 2003. Ms. Haug explained that the city has been in compliance at the bare minimum level and that new, costly requirements will be mandated with the city's new permit. She outlined some of the new requirements. Councilmember Gumphrey questioned if homeowners will receive reductions in their storm water fees if they install items such as a rain garden. Ms. Haug stated that other communities have indicated it is difficult to provide rebates as the program is beginning. She stated that it may be easier to begin offering rebates once the program is up and running. Councilmember Motin questioned if the structure presented is the fairest way and how the fees will be assessed. Mr. Hanson indicated that this structure is what other communities have found to be the fairest. Ms. Haug explained that the fee will appear on the utility bills similar to how garbage is billed. Councilmember Westgaard indicated he would like to see a finalized storm water utility budget and for staff to work with local businesses and residents on how fees can be reduced. Council consensus was to complete the storm water feasibility study and for staff to come back with a finalized storm water utility budget. 6.3. Council Open Forum Councilmember Gumphrey requested an update from Mr. Femrite on the Ridges of Rice Lake Homeowner's Association. Mr. Femrite indicated he met with the association regarding concerns they have regarding the association's sewer system and questions on whether or not they have options other than owning and operating their own system. He stated that the association hired an engineer and the information will be provided to him for review once it is complete. Announcements There were no announcements. 8. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 8:42 p.m. Minutes prepared by Jessica Miller. John J. Dietz, Mayor Tina Allard, City Clerk DRAFT MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, APRIL 16, 2012 Members Present: Mayor Dietz, Councilmembers Zerwas, Motin, Westgaard, and Gumphrey Members Absent: None Staff Present: City Administrator Calvin Portner, Planning Manager Jeremy Barnhart, Park Planner Chris Leeseberg, Finance Director Tim Simon, Parks and Recreation Director Michael Hecker, City Attorney Peter Beck, Fire Chief John Cunningham, Human Resources Representative Lauren Wipper, Police Chief Brad Rolfe, Recreation Manager Steve Benoit, Arena Manager Rich Czech, Economic Development Director Annie Deckert, and City Clerk Tina Allard 1. Call Meeting To Order 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 04/16/2012 Agenda MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE AGENDA. MOTION CARRIED 5-0. 4. Consider Consent Agenda MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE FOLLOWING CONSENT AGENDA: 4.1 CHECK REGISTER AS OUTLINED IN THE STAFF REPORT. 4.2 PAY ESTIMATES AS OUTLINED IN THE STAFF REPORT. 4.3 STAFF TO REVIEW THE ZONING OF BARRINGTON SQUARE AND BARRINGTON PLACE PLANNED UNIT DEVELOPMENTS. 4.4 STAFF TO REVIEW HOW COMMERCIAL RECREATION USES ARE ADMINISTERED AND LOCATED THROUGHOUT THE CITY. MOTION CARRIED 5-0. 5. Open Forum No one appeared for Open Forum. City Council Minutes Page 2 Apri116, 2012 6.1 City of Elk River Volunteer of the Month-Mayor Dietz Mayor Dietz moved this item to the May 7 Council meeting agenda. 6.2 Acknowledgement of~erry Davis' Retirement Mr. Czech commented that Mr. Davis has always been his right-hand man. He stated Mr. Davis' experience has been very valuable over the years and that he always contributed good creative ideas to help resolve problems. Mayor Dietz read and presented a plaque to Mr. Davis regarding his 12 years of dedicated service to the city and congratulated him on his retirement. 6.3.A Resolution Acknowledging Contribution of Funding for a Basketball Court from Trout Brook Farms Homeowners Association Mr. Hecker presented the staff report. He thanked Parks Maintenance Supervisor Rodney Schreifels for the time and effort he committed to assisting with the bid process. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO ADOPT RESOLUTION 12-16 ACKNOWLEDGING CONTRIBUTIONS FROM THE TROUT BROOK HOMEOWNERS ASSOCIATION TO THE CITY OF ELK RIVER. MOTION CARRIED 5-0. Dan Garvey, Representing the Trout Brook Association, stated the community is very excited about the project. Mayor Dietz thanked the association for their donation of $61,341 and noted how much the city appreciated it. 6.3.B Resolution Acknowledgine Tree Donation from Lions Club Mr. Hecker presented the staff report. He stated the Lions Club will also be providing the watering and maintenance of these trees for one year. Harold Gramstad, representing the Lions Club, introduced the Lions members in the audience and stated the tree donation is part of an International Lions Club campaign. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 12-17 ACKNOWLEDGING CONTRIBUTIONS FROM THE LIONS CLUB TO THE CITY OF ELK RIVER. MOTION CARRIED 5-0. Mayor Dietz thanked the Lions for their donation and all the service they provide in the community. 7.1 Request by Tim Peterson for Conditional Use Permit and Private Kennel License. 11760 193=d Avenue NW, Case No. CU 12-05 Mr. Leeseberg presented the staff report. City Council Minutes Page 3 April 16, 2012 Mayor Dietz opened the public hearing. Eric Kusch, 11774 193rd Avenue -Stated he is in favor of the permit. He stated the dogs are quiet and well-behaved. Melanie Altringer, 11784 193 Avenue -Stated she is in favor of the permit. She stated she has lived in her house for 13 years and never had an issue with the dogs. Gloria Zatfy -Stated she in favor of the permit. Tim Peterson, applicant -Stated he has been working with therapy dogs for 18 years and he further outlined the training process. Stoffel Reitsma, 22575 184 Street, Big Lake -Stated he is in favor of the permit. He stated Mr. Peterson will do what needs to be done in order to make it work out and that he is very dedicated to training the therapy dogs. Melissa Bloom, 19276 Isetta Street, East Bethel -Stated she is in favor of the permit. She further stated Mr. Peterson takes impeccable care of his dogs. Mayor Dietz closed the public hearing. Attorney Beck noted that the conditional use permit runs with the land so there is a potential for another owner to come in with a different set of dogs on this parcel. He further stated the private kennel license would only be valid to Mr. Peterson and a new owner would need to apply for a new private kennel license. Councilmember Motin expressed concern with the one-fourth acre lot size as it seems small for allowing multiple animals. Attorney Beck suggested a condition could be attached to the conditional use permit that would limit the size of the dog allowed. Council expressed enforcement concerns with this type of a condition. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE CONDITIONAL USE PERMIT, CASE NO. CU 12-05 FOR A PRIVATE KENNEL WITH THE FOLLOWING CONDITIONS: 1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL APPLY FOR ALL REQUIRED PERMITS. 2. THE PRIVATE KENNEL SHALL BE LIMITED TO FIVE (5) ANIMALS OVER THE AGE OF G MONTHS. ADDITIONAL ANIMALS WILL REQUIRE AN AMENDMENT TO THE CONDITIONAL USE PERMIT. 3. ANIMAL WASTE SHALL BE DISPOSED OF PER SECTION 10-9. 4. THE APPLICANT SHALL RECEIVE A PRIVATE KENNEL LICENSE FROM THE CITY. 5. ALL ANIMALS MUST BE LICENSED AND VACCINATED. City Council Minutes April 16, 2012 Page 4 6. ALL ANIMALS SHALL BE ON A SIX (6) FOOT OR SHORTER LEASH WHEN OUTSIDE OF THE KENNEL. 7. NO MORE THAN TWO (2) ANIMALS PER SUPERVISOR SHALL BE ALLOWED OUTSIDE OF THE KENNEL. 8. ALL DOG WASTE SHALL BE CLEANED UP IMMEDIATELY WHEN DOGS ARE OFF OF THE SUBJECT PROPERTY. 9. NO DOGS DESIGNATED AS DANGEROUS OR POTENTIALLY DANGEROUS ARE ALLOWED TO BE KEPT AT THE KENNEL AND KEEPING OF A DANGEROUS OR POTENTIALLY DANGEROUS DOG SHALL BE GROUNDS FOR REVOCATION. 10. FENCE ALONG THE SOUTH PROPERTY LINE SHALL BE OPAQUE. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE A PRIVATE KENNEL LICENSE VALID TO DECEMBER 31, 2012 TO TIM PETERSON. MOTION CARRIED 5-0. 7.2 Ordinance Amendment to Rezone Certain Progert~ from PUD (,Planned Unit Development) to BP usiness Park)„ Sn_ off, Case No. ZC 12-01 Mr. Barnhart presented the staff report. Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz closed the public hearing. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT ORDINANCE 12-07 AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM PUD (PLANNED UNIT DEVELOPMENT) TO BP (BUSINESS PARK), CASE NO. ZC.12-01. MOTION CARRIED 5-0. Mayor Dietz thanked Sportech for expanding their business in Elk River. 7.3 Request by Elk River HRA for Conditional Use Permit for Parking Lot Improvements to Former 716 and 720 Main Street Site. Case No. CU 12-06 Mr. Barnhart presented the staff report. Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz closed the public hearing. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE CONDITIONAL USE PERMIT, CASE NO. CU 12-06 IN ORDER TO CONSTRUCT A PARKING LOT WITH THE FOLLOWING CONDITIONS: 1. IT MUST BE DEMONSTRATED THAT THE FIRE DEPARTMENT CAN TURN NORTH ONTO THE EASTERN MOST DRIVE. 2. A LANDSCAPING PLAN MUST BE APPROVED BY STAFF THAT INCLUDES SPECIES, SIZE AND PLANTING DETAILS. City Council Minutes April 16, 2012 Page 5 3. ALIGHTING PLAN MUST BE PROVIDED THAT DEMONSTRATES THAT A MINIMUM 3 FC AVERAGE CAN BE PROVIDED ON THE SUBJECT PARCEL. 4. DETAILS OF THE DUMPSTER ENCLOSURE MUST BE PROVIDED AND APPROVED BY STAFF PRIOR TO CONSTRUCTION. 5. HANDICAPPED STALLS. TWO HANDICAPPED PARKING SPACES SHOULD BE PROVIDED. MOTION CARRIED 5-0. 8.1 Consider Use of City-Owned Public Parking Lot for Private Events Ms. Allard presented the staff report. Council discussed the need for a policy and mentioned the following items of concern: Days/times the lots could be used how other events or business may be affected staff overtime/compensation time Mr. Benoit stated seasonal part-time staff works park events when needed at a cost that would be charged back to the applicant. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE USE OF THE CITY-OWNED DOWNTOWN PARKING LOT FOR A PRIVATE WEDDING ON AUGUST 17, 2012 WITH THE FOLLOWING CONDITIONS: 1. ALCOHOL IS NOT PERMITTED ON RIVERS EDGE COMMONS PARK PROPERTY. ALCOHOL MUST BE LIMITED TO THE PARKING LOT WITH FENCED IN AND SECURED AND CONTROLLED ACCESS. APPLICANT AND CATERER ARE RESPONSIBLE FOR MAKING SURE ONLY WEDDING GUESTS HAVE ACCESS TO THIS AREA. ONE POLICE OFFICER MUST BE ON DUTY AT ALL TIMES (2 HOUR MINIMUM) WHILE ALCOHOL IS SERVED. 2. LIQUOR MAY ONLY BE SERVED BY A CATERER LICENSED TO SERVE ALCOHOL IN THE STATE OF MINNESOTA. THE CITY MUST RECEIVE A COPY OF THE CATERER'S LICENSES ISSUED BY THE STATE ALLOWING THE CATERER TO SERVE FOOD AND ALCOHOL PRIOR TO THE EVENT. CATERER MUST ALSO PROVIDE CERTIFICATE OF INSURANCE NAMING THE CITY AS AN ADDITIONAL INSURED FOR LIQUOR LIABILITY COVERAGE. 3. APPLICANT MUST PROVIDE 30 DAYS WRITTEN NOTICE OF THE EVENT TO ALL DOWNTOWN BUSINESSES ALONG MAIN STREET AND JACKSON AVENUE. 4. APPLICANT IS RESPONSIBLE FOR BARRICADING ALLEY AND PARKING LOT. EMERGENCY PERSONNEL ACCESS MUST REMAIN OPEN AT ALL TIMES, THEREFORE, NOTHING SHALL BE STORED OR SET-UP IN THE ALLEY. 5. THE CITY MUST BE IN RECEIPT OF A CERTIFICATE OF INSURANCE NAMING THE CITY, ITS OFFICIALS, EMPLOYEES, AND AGENTS, AS City Council Minutes Apri116, 2012 Page 6 ADDITIONAL INSURED PRIOR TO THE EVENT. THE MINIMUM LIMITS MUST BE AT LEAST $1,000,000. 6. TENTS MUST MEET APPLICABLE STATE AND FIRE BUILDING CODE REQUIREMENTS. NO STAKES SHALL BE POUNDED INTO THE PAVEMENT. APPLICANT IS RESPONSIBLE FOR CONTACTING THE FIRE MARSHAL AT 763.635.1110 TO SCHEDULE AN INSPECTION PRIOR TO USE OF THE TENTS. 7. APPLICANT IS RESPONSIBLE FOR GARBAGE CLEAN-UP IMMEDIATELY FOLLOWING THE EVENT. 8. THE APPLICANT SHALL PROVIDE ENOUGH PORTABLE TOILET FACILITIES THROUGH A PRIVATE CONTRACTOR TO ACCOMMODATE THE EXPECTED ATTENDANCE. 9. APPLICANT WILL WORK WITH THE PARKS AND RECREATION DEPARTMENT REGARDING THE MUSIC THE BAND PERFORMS. 10. APPLICANT IS RESPONSIBLE FOR ANY ASSOCIATED FEES RELATING TO PARK USE AND PERSONNEL (POLICE AND PARK EMPLOYEES). MOTION CARRIED 5-0. Council further directed staff to work on a polity that would allow use of city-owned property for private events. 9. Announcements Mr. Fortner provided an update on the Wapiti lawsuit. Mr. Fortner stated the Minnesota Pollution Control Agency sent the city a letter today that clears the HRA owned parking lot of any fuel tank issues. 10 Recess to Worksession Council recessed at 7:30 p.m. and reconvened at 7:40 p.m. 10.1 Review Updates to Personnel Policy Manual Mr. Fortner reviewed proposed changes to the Personnel Policy manual. This item will come back to Council for consideration and adoption at a future Council meeting. 11. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 9:00 p.m. John J. Dietz, Mayor Tina Allard, City Clerk [RAFT MEETING OF THE ELK RIVER BOARD OF APPEAL AND EQUALIZATION HELD AT THE SHERBURNE COUNTY GOVERNMENT CENTER MONDAY, APRIL 30, 2012 Members Present: Mayor Dietz, Councilmembers Zerwas, Gumphrey, Westgaard, and Motin Members Absent: None Staff Present: City Administrator Calvin Portner, City Clerk Tina Allard, Finance Director Tim Simon, and Executive Secretary/Deputy City Clerk Jessica Miller Also Present: Sherburne County Assessor Daniel Weber, Residential Appraisers Greg Olson and Kristi Botzek, Agricultural Specialist Jeanne Henderson, and Commercial/Industrial Appraiser William Riley Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River Board of Appeal and Equalization was called to order at 6:30 p.m. by Mayor Dietz. 2. Board of Appeal and Equalization Daniel Weber, Sherburne County Assessor, indicated that the purpose of the Board of Appeal and Equalization is to consider and review 2012 estimated market values and property classifications. Information was presented on the assessment procedures and statistics for the City of Elk River 2012 assessments. The Board of Appeal and Equalization heard appeals as outlined below: 1. John Lenz, Parcel Identification Number 75-520-0220 Mr. Lenz explained that he believes the maximum his appraised value should be is the $1,565,000 he paid for the. property two years ago. He noted that the office space has been decreased which should also decrease his value. Mr. Riley stated that based on a review of the property, his recommendation is to reduce the value to $1,635,200. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADJUST THE TOTAL VALUE OF PARCEL 75-520-0220 TO $1,600,000 BY REDUCING THE BUILDING VALUE FROM $1,450,000 TO $1,364,300. Councilmember Motin stated he believes the value should be adjusted more. Councilmember Zerwas withdrew his motion. Councilmember Gumphrey was agreeable. Boazd of Appeal and Equalization Minutes Apri130, 2012 Page 2 MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO ADJUST THE TOTAL VALUE OF PARCEL 75-520-0220 TO $1,565,000 BY REDUCING THE BUILDING VALUE FROM $1,450,100 TO $1,329,300. MOTION CARRIED 5-0. 2. April Westgaard, Parcel Identification Number 75-111-2100 Councilmember Westgaard recused himself from this discussion. Ms. Westgaard stated that Plaisted Companies, Inc. is doing a wetland project on her property and she recently applied for wetland credits and was informed by the Army Corps of Engineers that the property is not currently being valued as wetland. She explained that according to the Army Corps of Engineers, the property is considered wetland even before the current project by Plaisted Companies, Inc. Ms. Hendrickson explained that only exempt wetlands are considered for appraisal purposes and the wetlands on Ms. Westgaard's property would not qualify as exempt wetlands. Ms. Hendrickson added that the current wetland project could qualify for wetland exemption and Ms. Westgaard should notify the assessing department once that project is complete. Ms. Botzek indicated that the area being discussed is currently valued as tillable/pasture and that she would be willing to review the property and see if a change to meadow or pond would be appropriate. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS FOR THE APPRAISER TO REASSESS PARCEL 75-111-2100 AND REPORT BACK AT THE RECONVENE MEETING. MOTION CARRIED 4-0. Councilmember Westgaard abstained. 3. Gary Santwire, Parcel Identification Numbers 75-435-0630, 75-435-0640, 75-445- 0120,75-547-0105,75-616-0110,75-762-0001,75-762-0003,75-762-0004,75-762-0005, 75-762-0006, 75-762-0007, 75-762-0008, and 75-616-0105 Mr. Santwire distributed a list of properties he believes are appraised at 25% over the value they would sell for on the open market. He explained that he has very few vacancies but due to market conditions and rent reductions, his income is down approximately 31%. He stated he would be willing to share his rent income information with the appraiser. Mr. Weber suggested that the appraiser meet with Mr. Santwire to reassess the parcels identified above and review Mr. Santwire's rent income and report back at the. reconvene meeting. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO SET THE RECONVENE MEETING OF THE BOARD OF APPEAL AND EQUALIZATION FOR MAY 14, 2012, AT 6:30 P.M. AT ELK RIVER CITY HALL. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN FOR THE APPRAISER TO REASSESS THE PARCELS LISTED ABOVE AND REPORT BACK AT THE RECONVENE MEETING. MOTION CARRIED 5-0. Board of Appeal and Equalization Minutes Apri130, 2012 Page 3 4. Mark Pendergast, Penmar Properties, Parcel Identification Number 75-133-1115 Mr. Riley submitted an email from NIr. Pendergast contesting the value of parce175-133- 1115. Mr. Riley stated he has an appointment to meet with Mr. Pendergast to reassess the property in a couple weeks. He noted that the appointment is scheduled for after the Board's reconvene date. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO MAKE NO CHANGE TO PARCEL 75- 133-1115. MOTION CARRIED 5-0. 5. Richard and Susan Kurth, Parcel Identification Number 75-011-3210 Mr. Riley presented a handout on the above parcel. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADJUST THE BUILDING VALUE OF PARCEL 75-011-3210 FROM $411,100 TO $363,300 AS RECOMMENDED BY THE COUNTY ASSESSOR. MOTION CARRIED 5-0. 6. LHR Holdings, LLC, Parcel Identification Number 75-405-1040 Mr. Riley presented a handout on the above parcel. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER ZERWAS TO ADJUST THE LAND VALUE OF PARCEL 75-405-1040 FROM $93,800 TO $88,900 AND THE BUILDING VALUE FROM $89,800 TO $83,100 AS RECOMMENDED BY THE COUNTY ASSESSOR. MOTION CARRIED 5-0. 7. Elk River Townhouses, Parcel Identification Numbers 75-440-0110, 75-440-0120, 75-440-0130, 75-440-0140, and 75-440-0150 Mr. Riley presented a handout on the above parcel. -MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO ADJUST THE VALUES ON THE PARCELS LISTED BELOW AS RECOMMENDED BY THE COUNTY ASSESSOR: ADJUST LAND VALUES ON ALL OF THE PARCELS LISTED ABOVE FROM $101,500 TO $71,500 AND BUILDING VALUES AS FOLLOWS: 75-440-0110 FROM $282,800 TO $251,500 75-440-0120 FROM $330,300 TO $299,000 75-440-0130 FROM $269,200 TO $237,900 75-440-0140 FROM $290,600 TO $259,300 75-440-0150 FROM $248,900 TO $217,800 MOTION CARRIED 5-0. Board of Appeal and Equalization Minutes Page 4 Apri130, 2012 -------------- 8. Kevin Schmidt, Parcel Identification Number 75-520-0120 Mr. Riley presented. a handout on the above parcel. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADJUST THE BUILDING VALUE OF PARCEL 75-520-0120 FROM $765,300 TO $823,000 AS RECOMMENDED BY THE COUNTY ASSESSOR. MOTION CARRIED 5-0. 9. Provo Enterprises, LLC, Parcel Identification Number 75-757-0115 Mr. Riley presented a handout on the above parcel. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO ADJUST THE BUILDING VALUE OF PARCEL 75-757-0115 FROM $882,300 TO $909,300 AS RECOMMENDED BY THE COUNTY ASSESSOR. MOTION CARRIED 5-0. 10. Steven and Katherine Rusher, Parcel Identification Number 75-522-0250 Ms. Botzek presented a handout on the above parcel. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO ADJUST THE BUILDING VALUE OF PARCEL 75-522-0250 FROM $174,700 TO $170,100 AS RECOMMENDED BY THE COUNTY ASSESSOR. MOTION CARRIED 5-0. 11. Federal National Mortgage Association, Parcel Identification Number 75-809- 0110 Ms. Botzek presented a handout on the above parcel. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADJUST THE BUILDING VALUE OF PARCEL 75-809-0110 FROM $336,300 TO $326,700 AS RECOMMENDED BY THE COUNTY ASSESSOR. MOTION CARRIED 5-0. 12. Ron Touchette, Parcel Identification Numbers 75-736-0110, 75-736-0115, 75-736- 0205,75-736-0210,75-736-0215,75-736-0225,75-736-0250,75-736-0255,75-736-0315, 75-736-0320,75-736-0420,75-736-0425,75-736-0430,75-597-0105,75-597-0110,75- 728-0122,75-728-0124,75-728-0126,75-728-0128,75-728-0138,75-728-0140,75-728- 0142,75-728-0144,75-728-0186, 75-728-0188,75-728-0190,75-728-0192,75-106-3202, 75-405-0410, and 75-404-0152 Mr. Olson stated that the tax representative for the parcels listed above requested that the assessor's office review the parcels and that the County Assessor is recommending no change to the parcels. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO MAKE NO CHANGE TO THE ABOVE Boazd of Appeal and Equalization Minutes Page 5 Apri130, 2012 LISTED PARCELS AS RECOMMENDED BY THE COUNTY ASSESSOR. MOTION CARRIED 5-0. 3. Recess MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO RECESS THE BOARD OF APPEAL AND EQUALIZATION MEETING AND RECONVENE THE MEETING ON MAY 14, 2012, AT 6:30 P.M. AT CITY HALL. Mayor Dietz recessed the meeting at 7:49 p.m. The Board will reconvene on Monday, May 14, 2012, at 6:30 p.m. at Elk River Ciry Hall. Minutes prepared by Jessica Miller. Tina Allard, City Clerk John J. Dietz, Mayor