Detroit Lakes, Minnesota
May 12, 2009
The regular meeting of the City Council was called to order in the Council Chambers of the City Administration Building at 5:15 P.M., Tuesday, May 12, 2009, all members of the City Council having been duly notified of the meeting and the business to be transacted.
Present: Mayor Matt Brenk; Charles
Ramstad, representing the City Attorney’s Office; City Administrator Robert
Louiseau; Assistant City Administrator Lynne Krieger; Finance Officer
Louis Guzek; Community Development Director Larry Remmen; City Engineer Gary
Nansen; Public Works Director Bradley Green; Police Sergeant Robert Strand;
Building
Official Calvin Mayfield; Liquor Store Manager Bradley MacMaster and Fire Chief
Jeffrey Swanson.
Aldermen: Aune, Imholte, Heltemes, Marks Erickson, Sukke, Tollefson, Tucker and Zeman.
Absent: Alderman James Anderson and Public Utilities Superintendent Curt Punt.
There being no corrections or additions to the minutes of the regular Council Meeting held April 24, 2009, and the Special City Council Meeting held April 28, 2009, the Mayor declared that they would stand approved according to copies of same sent to each member of the Council.
Pursuant to notice having been published in the official newspaper that the Council would, at this present meeting, conduct a hearing for the purpose of hearing public comments on the proposed Tax Increment Financing Plan 28-1 for the redevelopment of the former Washington School property into a 30-unit residential development (Union Central, LLC), Mayor Brenk called the hearing to order at 5:20 P.M. Community Development Director Larry Remmen advised that the amount of tax increment financing will be $271,025.00 to aid Union Central, LLC in the construction of a 30-unit multifamily rental housing facility. There being no further comments, Mayor Brenk closed the hearing at 5:22 P.M. and reconvened the regular Council Meeting.
Upon the recommendation of the Community Development Committee, a resolution was introduced by Alderman Aune, who moved its adoption, establishing Project No. 28, approving the Redevelopment Program and establishing Tax Increment Financing Plan 28-1. The motion for the adoption of the resolution was seconded by Alderman Zeman and carried without a dissenting vote. Mayor Brenk declared the resolution adopted.
Mayor Brenk called to order a hearing at 5:22 P.M. to consider the matter of a reported nuisance at 128 East Willow Street created by the accumulation of debris in the yard, a truck and trailers. Building Official Calvin Mayfield advised the Council that the property had been cleaned up but the truck with the garbage is sitting in the property owner’s driveway with a flat tire. Mr. Mayfield indicated that the property owner said he would haul this garbage away as soon as the flat tire is fixed. There being no further comments, the Mayor closed the hearing at 5:23 P.M. and reconvened the regular Council Meeting.
Upon the recommendation of the Community Development Committee, a motion was made by Alderman Aune, seconded by Alderman Sukke and carried, without a dissenting vote, to abate the nuisance if the property owner of 128 East Willow Street has not hauled the garbage away by May 18, 2009.
The Mayor called to order a hearing at 5:24 P.M. to consider the matter of a reported nuisance at 1315 Lake Avenue, created by an accumulation of debris, i.e. trailer full of garbage bags and garbage that had spilled onto yard and a vehicle near trailer that does not appear to be in working condition. Building Official Calvin Mayfield indicated that no one is living there and the power has been shut off for 2-3 weeks. There being no further comments, Mayor Brenk closed the hearing at 5:25 P.M. and reconvened the regular Council Meeting.
Upon the recommendation of the City Administrator, a motion was made by Alderman Zeman, seconded by Alderman Aune and carried, without a dissenting vote, that the City Council finds that a nuisance exists in violation of City Code Chapter 901 at 1315 Lake Avenue and orders the abatement of this nuisance.
Mayor Brenk called to order a hearing at 5:26 P.M. to consider the matter of a reported nuisance at 1142 Campbell Avenue, created by an accumulation of debris. Building Official Mayfield indicated that the Black Dodge, the white and gray Hummer and blue trailer had been removed but there were more tires, a snowmobile and pressure washer now added to the rest of the debris. Blake Sundvor, 1142 Campbell Avenue, appeared before the Council informing them that he has been trying to clean-up the property and will be able to move the vehicles now that it is Spring. Upon the Mayor and Alderman Aune’s inquiry, Mr. Sundvor commented he would like to have two more months to finish. He also requested an extension on his building permit so he could finish the siding on the house and shop. Building Official Mayfield advised that the only building permit issued was for the garage. Mr. Mayfield agreed with Mr. Sundvor that the items have been rearranged but not removed. Alderman Marks Erickson advised that she recommends abating the nuisance. After Mr. Mayfield advised Alderman Zeman that Mr. Sundvor received notice to cleanup the property three weeks ago, a motion was made by Alderman Zeman, seconded by Alderman Heltemes and carried, with one dissenting vote (Marks Erickson) to allow Mr. Sundvor until the end of May, 2009, to cleanup the property at 1142 Campbell Avenue and if it is not cleaned up by then, the Building Official is authorized to abate the nuisance.
Laurie Mullen, Western Area Cities Counties Organization, appeared before the Council and presented two defibulators to Police Sergeant Robert Strand and one difibulator to Fire Chief Jeffrey Swanson. Ms. Mullen also presented a gift certificate for three law enforcement registrations on the first $2,100.00 for the “Crisis Intervention” training. Mayor Brenk thanked Ms. Mullen for these gifts.
Finance Officer Louis Guzek introduced Teri Heaton from Springsted, Inc., the City’s Bond Counsel. Ms. Heaton advised the Council that six bids were received which represented twelve financial institutions and the lowest bid was from Wachovia Securities at the true interest cost of 3.8328224%. She also advised that the City Bond rating of AA- played a big part in the low interest rate received. Upon the Finance Committee’s recommendation, a resolution was introduced by Alderman Imholte, who moved its adoption, awarding the sale of $5,725,000 General Obligation Improvement Bonds, Series 2009A, to Wachovia Securities at an interest rate of 3.8328224%. The motion for the adoption of the resolution was seconded by Alderman Tucker and carried without a dissenting vote. Mayor Brenk declared the resolution adopted. The Mayor and Alderman Imholte thanked Finance Officer Louis Guzek for his good work on the financial management of the City.
The Council acknowledged a letter received from Metro Disposal, Inc., advising that since the last Council Meeting, the two residents they were providing recycling services for canceled their service because of the incident last month. Metro Disposal also enclosed, with their letter, a statement from Minnkota Recycling per the Council’s request. Upon the recommendation of the Public Works Committee, a motion was made by Alderman Heltemes, seconded by Alderman Imholte to extend Metro Disposal’s Solid Waste Hauling License to December 31, 2009. Alderman Heltemes stressed that if Metro Disposal gets customers in the City that want to recycle, they need to recycle in the proper way. Mayor Brenk then called the question and the motion carried unanimously.
Gary Stenberg, 30054 170th Street, Detroit Lakes, appeared before the Council to answer questions on his request for the Hauge Lutheran Innermission Federation to use a City Park. Upon Alderman Imholte’s inquiry, Mr. Stenberg advised that this organization is made up of conservative Lutheran Churches and individuals. After questioned, he advised that the gospel meetings will start at 7:00 P.M. each day and be approximately one hour long and no fee would be charged. Discussion was held on the City being reimbursed for the amount of power the Federation uses. A motion was then made by Alderman Zeman, seconded by Alderman Aune and carried, with one dissenting vote (Heltemes), authorizing the Hauge Lutheran Innermission Federation to use the People’s Park August 9-12, 2009, to erect a 30’x 50’ tent to conduct Gospel tent meetings at 7:00 P.M. and they are required to reimburse the City for the amount of electric power they use.
City Engineer Gary Nansen summarized the preliminary estimate of providing water and sewer to 7.60 acres of property, proposed for annexation, along Highway 10 East which would be about $290,000.00 of which approximately $120,000.00 would be the City’s share. He estimated that this would cost the property owner between $20,000.00 to $30,000.00 per parcel. It was suggested that Mark Olson, the developer of the property, be contacted to see if he would be willing to pay $80,000.00 plus service laterals for water and sewer extension to this property. Alderman Imholte expressed concern about the City spending funds to do the proposed Jack and Bore. City Administrator Louiseau advised that the Jack and Bore could be a prorated cost because it would serve other properties also. Alderman Zeman suggested, and Alderman Imholte agreed, that the City find out, if the property were annexed, what property taxes would come into the City. Aldermen Zeman spoke against the annexation because it was not the right time. Alderman Tucker spoke in favor of the annexation which he felt would give the City more control on what Highway 10 East would look like since it is the entrance to the City. Sharon Josephson, 1567 East Shore Drive, stressed that the land, proposed to be annexed into the City, is proposed to be zoned at one of the least restrictive zoning districts which permits everything short of heavy industrial. Alderman Tucker responded that the City ordinances he was talking about i.e., the nuisance ordinance, the County does not have. Alderman Imholte suggested that the Council vote on the proposed annexation and decide later what costs the developer would have to pay if he wanted sewer and water. A motion was made by Alderman Aune, seconded by Alderman Tucker, and carried, with two dissenting votes (Zeman and Heltemes), to introduce Ordinance No., 330, annexing 7.60 acres along Highway 10 East for its seconded reading and adoption.
Upon the recommendation of the Community Development Committee, a motion was made by Alderman Aune, seconded by Alderman Heltemes, and carried, without a dissenting vote, introducing for its seconded reading and adoption, Ordinance No. 331, rezoning Block 61 of the Original Townsite from “B-2” General Business District to “R-3” Multi-Family Residence District.
Pursuant to the recommendation of the Community Development Committee, a motion was made by Alderman Heltemes, seconded by Alderman Zeman and carried, without a dissenting vote, introducing for its second reading and adoption Ordinance No. 332, an ordinance amending the nuisance ordinance relative to unfinished buildings.
Pursuant to the recommendation of the Community Development Committee, a motion was made by Alderman Aune, seconded by Alderman Tucker and carried, without a dissenting vote, that building permits for the month of April, 2009, in the estimated construction value of $987,810.00, be issued pursuant to their applications accompanied by the required City fees and state surcharges, the issuance of such permits having been recommended by the Building Official and approved by the Community Development Committee.
Discussion was held on Citywide Clean-up and Public Works Director Green advised that if a Citywide Cleanup is approved, it will be later this year. Alderman Zeman spoke in favor of a curbside Citywide Clean-up. Alderman Tucker reported on the Pipestone Citywide Cleanup and thought it was a good idea. Alderman Heltemes will be reporting on the subject at June or July’s City Council Meeting.
Upon the recommendation of the Public Works Committee, a motion was made by Alderman Heltemes, seconded by Alderman Marks Erickson and carried, without a dissenting vote, approving the issuance of permits to have more than two dogs for the period May 13, 2009, through December 31, 2009, for Donna Overby at 1510 Lynn Avenue and DeAnn Landgren at 1505 Gary Avenue.
Pursuant to the recommendation of the Public Works Committee, a resolution was introduced by Alderman Heltemes, who moved its adoption, accepting the sidewalk repair/replacement survey, as presented, and setting a hearing for June 9, 2009, at 5:00 P.M. on the proposed curb, gutter, driveway and sidewalk improvements at various locations throughout the City of Detroit Lakes. The motion for the adoption of the resolution was seconded by Alderman Marks Erickson and carried without a dissenting vote. The Mayor declared the resolution adopted.
Upon the recommendation of the Public Works Committee, a motion was made by Alderman Aune, seconded by Alderman Tucker and carried, without a dissenting vote, approving the issuance of a transient merchant’s license to T.A.P. Enterprises allowing them to sell tools at the National Guard Armory on May 9, 2009, pursuant to their application, surety bond and fee.
Pursuant to Public Works Director Green obtaining quotes for Arena lighting, the following quotes were received and opened:
BIDDER BID AMOUNT
Schatts Electric $18,470.00
521 South Shore Drive
Detroit Lakes, MN 56501
Mark’s Electric 21,500.00
114 Grant Street West
Detroit Lakes, MN 56501
A motion was made by Alderman Heltemes, seconded by Alderman Zeman and carried, without a dissenting vote, accepting the quote of Schatt’s Electric, in the amount of $18,470.00, for total relighting of Arena #1. Alderman Heltemes advised that the City will be getting a $5,600.00 rebate from Missouri River Energy Services. Public Works Director Green advised that the savings on changing out the bulbs will be about $2,800.00/year. City Administrator Louiseau advised that this is being done in connection with the Detroit Lakes Public Utilities and Missouri River Energy Services under the Bright Energy Solutions Program.
A motion was made by Alderman Aune, seconded by Alderman Tucker and carried, without a dissenting vote, to waive the Pavilion rental fee for the Chris Dewey Benefit May 8, 2009.
A motion was made by Alderman Aune, seconded by Alderman Tucker and carried, without a dissenting vote, approving the issuance of a fertilizer license to Hometown Boys and Valley Green of Detroit Lakes for 2009.
A motion was made by Alderman Aune, seconded by Alderman Tucker and carried, without a dissenting vote, approving the issuance of semi commercial docks licenses to Viking Motel and Pine to Palm Motel and a commercial dock license to J & K Marine.
City Administrator Louiseau advised that he received a request from Shirley Hintermeister to place small directional signs in front of the Fire Department directing traffic to West Main Street businesses. City Administrator Louiseau advised that the reason West Main Street in front of the Fire Department was closed was because of MnDOT’s concern with the short distance to make the corner from West Main Street onto Highway 10 and vice versa. Alderman Zeman suggested that the sign list the businesses on West Main Street. City Administrator Louiseau advised that so many businesses have changed and the request was for a directional sign. Alderman Heltemes expressed that people just need to know how to get on West Main Street. There being no further discussion, a motion was made by Alderman Imholte seconded by Alderman Tucker and carried, without a dissenting vote, approving the placement of small directional signs directing traffic to the West Main Street businesses.
Upon the recommendation of the Finance Committee, a resolution was introduced by Alderman Imholte, who moved its adoption, to proceed with the transfer to the Development Authority of the former Electric Warehouse Building in the Industrial Park providing for its sale. The motion for the adoption of the resolution was seconded by Alderman Tollefson. A motion was made by Alderman Zeman, seconded by Alderman Heltemes and carried, without a dissenting vote, to amend the motion to set a minimum selling price of $352,000.00 for the Electric Warehouse Building. Alderman Imholte expressed his concern about setting a minimum selling price because it may limit the City’s flexibility. Alderman Zeman spoke in favor of the minimum price which will make sure the City gets back what they paid for the building. Alderman Heltemes commented on the Development Authority negotiating the sale. Upon the inquiry of Alderman Marks Erickson, Mayor Brenk advised that the money from the sale will go to the Development Authority. City Administrator Louiseau commented that it is in the resolution that the money from the sale of the warehouse will be used for the proposed City/County Public Works Building and also toward acquiring cold storage for the Police Department. Mayor Brenk then called for a vote on the amendment and following votes were recorded: Ayes: Aune, Heltemes, Zeman and Sukke; Nayes: Tucker, Marks Erickson, Tollefson and Imholte. Since the vote was tied, the Mayor cast his vote in favor of the amendment to break the tie and the motion then carried. The Mayor then called for a vote on the amended resolution and it carried with two dissenting votes (Imholte and Tollefson). Mayor Brenk declared the resolution adopted.
Upon the recommendation of the Finance Committee, a motion was made by Alderman Imholte, seconded by Alderman Heltemes and carried, without a dissenting vote, introducing for its second reading and adoption Ordinance No. 333, an ordinance adopting a Street Lighting Fee.
Pursuant to the recommendation of the Finance Committee, a resolution was introduced by Alderman Imholte, who moved its adoption, amending Section 210, Fee, in the City Code, to include a Street Light Fee of $1.00/month effective June 1, 2009.
Upon the recommendation of the Finance Committee, a motion was made by Alderman Imholte, seconded by Alderman Sukke and carried, without a dissenting vote, adopting an Out-Of-State Travel Policy for Elected Officials.
Pursuant to the recommendation of the Pubic Safety Committee, a motion was made by Alderman Aune, seconded by Alderman Tucker and carried, without a dissenting vote, approving the issuance of a parade permit for the American Legion to conduct a Memorial Day Parade on May 25, 2009.
Upon the recommendation of the Public Safety Committee, a motion was made by Alderman Aune, seconded by Alderman Tucker and carried, without a dissenting vote, to approve the issuance of a permit to TNT Fireworks allowing them to sell fireworks in the WalMart Store, pursuant to their application and $100.00 fee.
Pursuant to the recommendation of the Public Safety Committee, a motion was made by Alderman Aune, seconded by Alderman Tucker and carried, without a dissenting vote, approving the issuance of a Display of Fireworks License for the Detroit Lakes Regional Chamber of Commerce for the 4th of July Fireworks Display.
A motion was made by Alderman Tollefson, seconded by Alderman Sukke and carried, without a dissenting vote, authorizing Police Chief Keena to sell a 2005 Ford Crown Victoria (used police car).
Pursuant to the request of the Detroit Lakes Jaycees and upon the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Tucker, seconded by Alderman Heltemes and carried, without a dissenting vote, to approve a $500.00 donation from the Liquor Fund to sponsor the 74th Northwest Water Carnival.
Upon the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Aune, seconded by Alderman Tucker and carried, without a dissenting vote, approving the issuance of a temporary on-sale 3.2 malt liquor license for the Detroit Lakes Softball Association to sell and serve beer at the Snappy Softball Complex for the period May 1, 2009, through September 30, 2009.
A motion was made by Alderman Aune, seconded by Alderman Tucker and carried, without a dissenting vote, authorizing the issuance of cigarette licenses, for one year, to Big Daddy’s Quick Stop, D.L. Tobacco and Food-N-Fuel, pursuant to their application and $100.00 fee.
Pursuant to the recommendation of the Mayor, a resolution was introduced by Alderman Imholte, who moved its adoption, requesting the State of Minnesota to reduce the barriers to local efforts to control invasive species Flowering Rush and Curley-leafed Pondweed and abolish the requirements for riparian consent forms and permit fees in the case of these invasive species. The motion for the adoption of the resolution was seconded by Alderman Aune and carried without a dissenting vote. Mayor Brenk declared the resolution adopted.
Upon the recommendation of the Mayor, a motion was made by Alderman Tollefson, seconded by Alderman Zeman and carried, without a dissenting vote, to authorize Council and staff to attend the League of Minnesota Cities Annual Conference and Marketplace June 24-26, 2009, in St. Paul.
Pursuant to the recommendation of the Mayor, a motion was made by Alderman Aune, seconded by Alderman Tucker and carried, without a dissenting vote, appointing Mara Bergen to another three-year term on the Detroit Lakes Community Foundation Board of Directors effective August 1, 2009.
A motion was made by Alderman Aune, seconded by Alderman Tucker and carried, without a dissenting vote, approving the issuance of a fireworks permit to TNT Fireworks allowing them to sell legal fireworks in the WalMart Parking Lot, pursuant to their application and $350.00 fee.
Upon the recommendation of the Finance Committee, a motion was made by Alderman Aune, seconded by Alderman Tucker and carried, without a dissenting vote, that the trial balance, submitted by Finance Officer Louis Guzek, showing the balance in the City treasury to be in the amount of $1,902,826.66 as of April 30, 2009, be accepted, approved and placed on file.
Pursuant to the recommendation of the Finance Committee; a resolution was introduced by Alderman Aune, who moved its adoption, approving the payment of claims paid by proper authorization covering the period April 15, 2009, through May 12, 2009, in the amount of $2,046,830.52. The motion for the adoption of the resolution was seconded by Alderman Tucker and carried without a dissenting vote. The Mayor declared the resolution adopted.
The motion was made by Alderman Aune, seconded by Alderman Tucker and carried, without a dissenting vote, that the Animal Control Report, County Court Report for March, 2009, Chief of Police Reports, Fire Chief's Report, Liquor Store Manager's Report and parking violations report be approved and placed on file.
Clayton Schott, 26230 North Tower Road, appeared before the Council, requesting the City to abate a nuisance on Stoney Road, which is the site of the City’s yard/waste dumpsite. He expressed concern about the big pile of brush, which should not be not allowed at the site, and the blowing garbage bags. Mayor Brenk requested this item be reviewed by the Public Works Committee.
City Administrator Louiseau advised the Council that the Finance Committee has recommended not extending the City’s lease for fifteen years with Schuett Companies, Inc., managers of the Park Manor Apartments, to lease 10 of their parking spaces on the north side of the Park Manor Building for City employees to park in the amount of $2,400.00 per year or a one time payment of $30,000.00.
There being no further business to conduct, by general consent, Mayor Brenk adjourned the meeting (6:52 P.M.).
Respectfully submitted,
Lynne Krieger
Asst. City Administrator