Detroit Lakes

Detroit Lakes, Minnesota

August 12, 2008

The regular meeting of the City Council was called to order in the Council Chambers of the City Administration Building at 5:00 P.M., Tuesday, August 12, 2008, all members of the Council having been duly notified of the meeting and the business to be transacted.

Present: Mayor Larry G. Buboltz; City Attorney William Briggs; City Administrator Robert Louiseau; Assistant City Administrator Lynne Krieger;

Finance Officer Louis Guzek; Community Development Director Larry Remmen; Public Utilities Superintendent Curt Punt; City Engineer Gary Nansen;

Public Works Director Brad Green; Police Chief Kelvin Keena; Building Official Calvin Mayfield; Liquor Store Manager Bradley MacMaster and

Fire Chief Jeffrey Swanson.

Aldermen: Aune, Brenk, Hannon, Heltemes, Imholte and Zeman.

Absent: Aldermen: Anderson, Tollefson and Tucker.

There being no corrections or additions to the minutes of the regular Council Meeting held July 8, 2008, The Mayor declared that they would stand approved according to copies of same sent to each member of the Council.

Mayor Buboltz called to order a hearing at 5:04 P.M., to consider the matter of a reported violation of the Property Maintenance Regulations in the City Code created by an unpainted house at 113 Union Street West. Building Official Mayfield advised that of this date, the house had not been painted. There being no further oral or written comments, the Mayor closed the hearing at 5:04 P.M. and reconvened the regular meeting.

Upon the recommendation of the Community Development Committee, a motion was made by Alderman Brenk, seconded by Alderman Zeman and carried without a dissenting vote, that the City Council finds that a violation exists in violation of the Property Maintenance Regulations at 113 Union Street West and orders the abatement of this violation.

Pursuant to the Planning Commission recommendations which were submitted to the City Council and upon the recommendation of the Community Development Committee, a motion was made by Alderman Brenk, seconded by Alderman Heltemes and carried, without a dissenting vote, approving the issuance of a variance to RAB Enterprises allowing at 15-foot front and rear yard setback for construction of a commercial building in a “B-3” District at 501 Grant Street subject to the following conditions:

1) That the owners of the adjacent property to the east, provide a cross access easement to the owners of 501 Grant Street and that the agreement is properly recorded;

2) That the owner obtain any required Pelican River Watershed District Permit; and

3) That the building is constructed according to the approved site plan.

Upon Mayor Buboltz’s request, City Administrator Louiseau updated the Council and noted that after having several conversations with Mr. Kalinoski, it was discovered that sewer and water lines are located within the foundation underground. Therefore Mr. Louiseau changed his recommendation to the Council that a cap should be placed on the foundation as quickly and possible rather than filling it. The cap will make it safe and will not damage any investment that was made in the foundation or the utilities that have been stubbed out to that point Upon the inquiry of Mayor Buboltz, City Administrator Lousieau advised the expense for capping the foundation would be assessed to Mr. Kalinoski or the property. Upon the inquiry of Alderman Imholte, Community Development Director Remmen advised that since the property owner no longer has a building permit, the requirement of a 25% impervious surface would have to be met before the lot could be built on and there also is no guarantee that a building permit would be issued. Alderman Zeman questioned if a time limit could be set and if the lot is not built on before that limit, the foundation could be filled in or removed. Mr. Louiseau advised, with the City Attorney concurring, that the City has to have a legitimate public health and safety reason to take an abatement action and as long as the foundation has been made safe, the City does not have the authority to remove the foundation and it may sit there indefinitely. Alderman Imholte stressed that under the current regulations someone may not be able to building on that lot. Alderman Hannon suggested that this foundation does not comply with the City’s Property Management Regulations and questioned if this foundation can’t be abated under these regulations. Mr. Louiseau again stressed that the City cannot abate the foundation because it is not aesthetically desirable. Building Official Mayfield informed the Council that he discussed this situation with other cities and they have the same situations with unfinished houses because of the economy. Mr. Louiseau advised that the City will proceed as soon as a contractor is hired. Upon the request of Barb Fischburg, 1930 Long Bridge Road, the motion made at the July 8, 2008, Council Meeting to abate the nuisance at 1941 Long Bridge Road was read. Barb Fischburg stressed that Mr. Louiseau had stated that the foundation would be filled in. City Administrator Louiseau admitted that once he found there were water and sewer lines in the foundation, his recommendation changed. Linda Wiedmann, 1932 Long Bridge Road, read a letter, outlining the opinions and concerns of the Deadshot Estate Condo owners which suggested removing the foundation would satisfy both the nuisance and safety issues. The Council accepted the letter and ordered it placed on file. Alderman Zeman wanted to defer action until a ordinance on abandoned construction could be considered. The Mayor stressed that the City would have liability issues with deferring action. Mr. Louiseau stressed that the City is only dealing with the health and safety issues not the building permits. The Mayor suggested that City staff research an ordinance on abandoned construction and report to the Community Development Committee at their next meeting in September. Upon the question of Diane Reff, 1938 Long Bridge Road, Alderman Zeman requested that the lot be checked to see if it was in compliance with the original plan and conditions. City Administrator Louiseau advised that this can be done but if it was not in compliance, the City could enter a legal process which would take several months to complete but would still need to deal with the safety problem. Building Official Mayfield advised that the DNR and Pelican River Watershed District met with him at the lot and at that time everything was in place according to them. Bob Reff, 1938 Long Bridge Road, advised that he was at that meeting and the DNR requested that the rock that was pushed in the lake needed to be moved back onto the lot and that was never done. Upon the inquiry of Barb Fischburg, the Mayor suggested that the proposed ordinance deal with the 1941 Long Bridge Road property as well as all other properties.

Pursuant to the recommendations of the Planning Commission which were submitted to the City Council and upon the recommendation of the Community Development Committee, a motion was made by Alderman Brenk, seconded by Alderman Aune and carried, without a dissenting vote, approving the issuance of a variance to exceed the building height limitations allowing a pitched roof at the Club House Hotel, 1155 Highway 10 East, subject to the following conditions:

1) That the roof pitch not exceed a 6/12 pitch;

2) That the stormwater run-off from the roof be directed away from the lake and be treated; and

3) That the owners obtain a Pelican River Watershed District Permit.

Upon the inquiry of Paul Cronen, 1155 Highway 10 East, City Administrator Louiseau advised that technically they will need to have the Pelican River Watershed District Permit before they can start construction but a meeting has been set with Mr. Cronen’s engineer, the Pelican River Watershed District and the City to determine what needs to be included in the plan and the permit will be addressed at that time.

Pursuant to the recommendation of the Planning Commission recommendations which were submitted to the City Council and upon the recommendation of the Community Development Committee, a motion was made by Alderman Brenk, seconded by Alderman Aune and carried, without a dissenting vote, approving the issuance of a variance to allow construction of a deck closer than 75 feet from the Ordinary High Water Mark for the Club House Hotel, 1155 Highway 10 East, pursuant to the following conditions:

1) That the deck be constructed with a roof over one portion (19’ x 22) shown on the approved site plan;

2) That no additional impervious surface coverage is allowed; and

3) That a 4-foot landscaping buffer be installed between the deck and the Ordinary High Water Mark.

Alderman Brenk, Chairman of the Community Development Committee, advised that Council that pursuant to additional questions of the CDC, the owners of the Capri Motel, 1334 Washington Avenue, requested that action to convert a seasonal resort (31 units) to 10 units of year round residential be deferred. Mitch Wimmer, one of the owners of the Capri Motel, suggested that he would like to set a meeting with City staff, Council and citizens who have concerns relative to this project.

City Administrator Louiseau advised the Council that he met with Mr. Halvorson and the matter to appeal his rental registration being revoked has been settled.

City Administrator Louiseau advised that a agreement has been reached with MnDOT to place the Detroit Lakes Regional Chamber of Commerce sign in the area that will be closed on Main Street, west of the Fire Hall, and a simple lease agreement will be made with the Chamber and City. Alderman Imholte requested that the lease agreement with the Chamber, when ready, be presented to the Council for approval.

Pursuant to the recommendations of the Planning Commission which were submitted to the Council and upon the recommendation of the Community Development Committee, a motion was made by Alderman Brenk, seconded by Alderman Aune and carried, without a dissenting vote, approving the issuance of a conditional use permit and a variance to Karen and Eugene Hustad allowing construction of an accessory building on a vacant lot at 24540 St. Claire Circle, subject to the following conditions:

1) That the structure be setback 150 feet from the front yard, 30 feet from the side yard and 30 feet from the rear yard;

2) That the lot be 2 acres or more in size;

3) That the structure not exceed 2000 square feet;

4) That the structure not exceed 14 feet in height;

5) That the property be landscaped and maintained to make an attractive residential appearance;

6) That the building be roofed and sided in a manner that is compatible with the surrounding residential development;

7) That the building not be used for repair work, commercial use, or storage other than personal items of the owner and that all items are stored inside;

8) That no signage is allowed on the property; and

9) That the building be constructed as shown on the approved site plan.

Pursuant to the recommendations of the Planning Commission which were submitted to the Council and upon the Community Development Committee, a motion was made by Alderman Brenk, seconded by Alderman Hannon and carried, without a dissenting vote, approving the issuance of a variance for a 4-foot side yard setback allowing construction of an addition to a garage at 1032 Rossman Avenue.

Pursuant to the recommendations of the Planning Commission which were submitted to the Council and upon the Community Development Committee, a motion was made by Alderman Brenk, seconded by Alderman Heltemes and carried, without a dissenting vote, introducing, for its first reading, an ordinance rezoning parcels between Summit Avenue and Bowling Avenue parallel to the BNSF Railway and part of Block 10 of Holmes First Addition from “I-1”, “B-3” and “B-2” to “B-1” Central Business District.

Upon the recommendation of the Community Development Committee, a motion was made by Alderman Brenk, seconded by Alderman Zeman and carried, without a dissenting vote, introducing Ordinance No. 324, for its seconding reading and adoption, amending the Zoning Ordinance relative to combining contiguous non-conforming lots to meet requirements.

Pursuant to the recommendation of the Community Development Committee, a motion was made by Alderman Imholte, seconded by Alderman Heltemes and carried, without a dissenting vote, that building permits for the month of July, 2008, in the estimated construction value of $1,796,578.00, 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.

Mayor Buboltz thanked Representative Collin Peterson for his support on the agreement with BNSF Railway relative to the Kris Street Crossing signals.

Upon the recommendation of the Public Works Committee, a motion was made by Alderman Hannon, seconded by Alderman Imholte and carried, without a dissenting vote, authorizing the City Engineer to prepare a preliminary report and enter into a development agreement for installation of streets and utilities in the final phase of Golden Bay Shores. City Administrator Louiseau advised the Council that he requested that information on street grades be covered in the report.

Pursuant to the recommendations of the Public Works Committee, a motion was made by Alderman Hannon, seconded by Alderman Zeman and carried, without a dissenting vote, approving the request of the Minnesota Flyers Gymnastics to use Peoples Park for their open house and fundraiser on August 25, 2008.

Upon the recommendation of the Public Works Committee, a motion was made by Alderman Imholte, seconded by Alderman Heltemes and carried, without a dissenting vote, approving the use of the City Park for a vintage snowmobile show on September 27, 2008.

Pursuant to the Finance Committee reviewing the Detroit Lakes Community and Cultural Center’s 2007 Audit and next year’s budget, by general consent, the Council accepted the reports and order them placed on file.

Upon the recommendation of the Finance Committee, a resolution was introduced by Alderman Aune, who moved its adoption, declaring the total costs of street and utility improvements to the newly annexed area of Long Lake Phase I and II to be $3,147,753.00 of which the City will pay $1,402,888.88 and $1,569,999.94 to be assessed against the benefited property owners and ordering the preparation of proposed assessments. The motion for the adoption of the resolution was seconded by Alderman Hannon and carried without a dissenting vote. Mayor Buboltz declared the resolution adopted.

Pursuant to the recommendation of the Finance Committee, a resolution was introduced by Alderman Aune, who moved its adoption, setting a hearing for September 10, 2008, at 5:00 P.M. on proposed assessments for street and utility improvements to the newly annexed area of Long Lake Phase I and II. The motion for the adoption of the resolution was seconded by Alderman Hannon and carried without a dissenting vote. The Mayor declared the resolution adopted.

Mayor Buboltz referred the request of the Wrestling Boosters’ Association for the City to cover the cost of patching the street and repairing the curb by the proposed building to the Finance Committee.

Upon the recommendation of the Public Safety Committee, a motion was made by Alderman Aune, seconded by Alderman Hannon, authorizing the City staff to conduct an auction at the Becker County Fairgrounds at noon on August 21, 2008 and approving the Department Heads’ list of items. Alderman Zeman expressed his concern about not holding the auction on a Saturday. Mayor Buboltz called the question and the motion carried with one dissenting vote (Zeman).

Pursuant to the recommendation of the Public Safety Committee and Police Chief, a motion was made by Alderman Imholte, seconded by Alderman Heltemes and carried, without a dissenting vote, to approve the issuance of a permit to Sandbar II to conduct a dance in the Pavilion on September 26, 2008.

1) Lakes Area Ducks Unlimited for raffles at the Club House Hotel on September 16, 2008;

2) Detroit Lakes Youth Hockey Association for raffles at the Speak Easy on October 24, 2008; and

3) Smokey Hills Chapter for raffles at the VFW on November 28, 2008.

Pursuant to the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Imholte, seconded by Alderman Heltemes and carried, without a dissenting vote, approving the issuance of temporary on-sale intoxicating liquor licenses for the Club House Hotel, 1155 Highway 10 East, for weddings on August 8, 2008, and August 9, 2008, at the Detroit Lakes Community and Cultural Center.

Upon the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Imholte, seconded by Alderman Heltemes and carried, without a dissenting vote, approving the issuance of temporary on-sale intoxicating liquor licenses for the Sandbar II, 880 Randolph Road, for weddings on August 16 and 23, 2008, at the Detroit Lakes Community and Cultural Center and August 23, 2008, at the Pavilion.

Pursuant to the recommendation of the Public Utilities Commission, a resolution was introduced by Alderman Heltemes, who moved its adoption, authorizing the City to become a member of Minnesota Rural Water Association’s Flex-term Financing Group (MFTFG), a program designed to control financing costs and lower interest rate and to assist in the issuance of $2,245,000 Electric Revenue Bonds for the Electric Utility Work Center Project, such approval subject to placing wording in the agreement relative to terms terminating membership. The motion for the adoption of the resolution was seconded by Alderman Imholte and carried without a dissenting vote. Mayor Buboltz declared the resolution adopted.

Mayor Buboltz set a special City Council Meeting for August 26, 2008, at 8:00 A.M. to consider the issuance of the Electric Revenue Bonds.

Mayor Buboltz requested City staff to send a appreciation letter to Jim Sinclair and Jean Evans for their service on the Police Civil Service Commission.

Upon the recommendation of the Mayor, a motion was made by Alderman Imholte, seconded by Alderman Aune and carried, without a dissenting vote, appointing Charles C. Lindberg and Delrae Chivers to the Police Civil Service Commission for a 3-year term effective October 1, 2008.

Pursuant to the recommendation of the Mayor, a motion was made by Alderman Imholte, seconded by Alderman Brenk and carried, without a dissenting vote, appointing Laurel Satram to the Detroit Lakes/Becker County Airport Commission for another three-year term as a City representative, such appointment subject to her acceptance of the appointment.

A resolution was introduced by Alderman Hannon, who moved its adoption, providing for the appointment of the judges for the Primary Election to be held September 9, 2008, providing for the polls to be opened from 7:00 A.M. to 8:00 P.M, and establishing the hourly rate of pay for the judges at $8.00 per hour. The motion for the adoption of the resolution was seconded by Alderman Zeman and carried, without a dissenting vote. The Mayor declared the resolution adopted.

A motion was made by Alderman Imholte, seconded by Alderman Heltemes and carried, without a dissenting vote, approving the issuance of plumbing licenses for Kurt Blotsky dba KB Plumbing and Heating, Fargo, and Jon Hanson dba Precision Plumbing and Electric, Inc., Fargo, for four months, pursuant to their application, compliance bond and fee.

A motion was made by Alderman Imholte, seconded by Alderman Heltemes 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 $3,127,770.55 as of July 31, 2008, be accepted, approved and placed on file.

Pursuant to the recommendation of the Finance Committee, a resolution was introduced by Alderman Imholte, who moved its adoption, approving the payment of claims paid by proper authorization covering the period July 9, 2008, through August 12, 2008, in the amount of $4,2913.132.83. The motion for the adoption of the resolution was seconded by Alderman Heltemes and carried without a dissenting vote. The Mayor declared the resolution adopted.

The motion was made by Alderman Imholte, seconded by Alderman Heltemes and carried, without a dissenting vote, that the Animal Control Report, County Court Report for June, 2008, Chief of Police Reports, Fire Chief's Report, Liquor Store Manager's Report and parking violations report be approved and placed on file.

A motion was made by Alderman Aune, seconded by Alderman Zeman and carried, without a dissenting vote, approving entering into an assessment agreement with Dick Pettit, Ridgewood Estates, for Ridgewood North Addition, allowing their Park Dedication Fee of $19,352.00 to be assessed for 10 years.

There being no further business to conduct, by general consent, Mayor Buboltz adjourned the meeting (6:20 P.M.)

Respectfully submitted,

Lynne Krieger

Asst. City Administrator