Detroit Lakes, Minnesota
September 8, 2009
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, September 8, 2009; all members of the City Council having been notified of the meeting and business to be transacted.
Present: Mayor Matt Brenk; City
Attorney William Briggs; City Administrator Robert Louiseau; Assistant City
Administrator Lynne Krieger; Finance Officer Louis Guzek; Community
Development Director Larry Remmen; City
Engineer Gary Nansen; Police Chief Kelvin Keena; Public Works Superintendent
Curt Punt; Building Official Calvin Mayfield;
Liquor Store Manager Bradley MacMaster and Fire Chief Jeffrey Swanson.
Aldermen: Anderson, Aune, Heltemes, Imholte, Marks Erickson,
Sukke, Tollefson, Tucker and Zeman.
Absent: None.
There being no corrections or additions to the minutes of the regular Council Meeting held August 11, 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 City Council, this date, would give consideration to establishing Redevelopment Project No. 29, approving the Redevelopment Program, establishing Tax Increment Financing District No. 19-1 and approving the Tax Increment Financing Plan within Redevelopment District Project No. 29 for construction of a waterfront development which will include 10,880 square feet of retail space and a 27-unit condominium housing facility on Washington Avenue and West Lake Drive (Detroit Lakes Waterfront LLC), the Mayor called the hearing to order at 5:03 P.M. Community Development Director Larry Remmen briefly summarized the proposed TIF Plan which would provide up to $1,180,000.00 in pay as you go basis. He further advised that the Community Development Committee has recommended that the Project be completed by December 31, 2011. Upon the inquiry of Thomas Harper, 1305 Minnesota Avenue, Community Development Director Remmen advised that if the $1.18 million gets paid back sooner than 25 years, the TIF Plan would be terminated and all the other tax amenities would be distributed to the City, County and School District. Mr. Harper also inquired about if the development plan had the required off-street parking. Mr. Remmen advised the proposed 96 parking spaces do meet the City’s requirement for parking. There being no further oral or written comments, Mayor Brenk closed the hearing at 5:26 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 Redevelopment Project No. 29, approving the Redevelopment Program, establishing Tax Increment Financing District No. 29-1 and approving the Tax Increment Financing Plan within Redevelopment District Project No. 29 (Detroit Lakes Waterfront, LLC) with the added condition that the Project be completed by December 31, 2011. The motion for the adoption of the resolution was seconded by Alderman Anderson. Alderman Zeman expressed concerns relative to the 25 year length of the TIF, the project involving mostly condominiums and the seasonal retail space being permitted. He also stressed that the retail space should not be for office space and if the tax increment financing is approved, it should be a condition that the cabins at the Capri Motel be demolished this Fall. A motion was made by Alderman Zeman, seconded by Alderman Heltemes to amend the resolution adding a condition that the existing buildings at the Capri Motel be demolished this Fall. Alderman Imholte questioned if the developer does not meet all the conditions required and the project does not go through, will the condition to demolish the existing buildings at the Capri Motel be required this Fall. Community Development Remmen advised that this is a possibility. Mitch Wimmer, 1425 Long Avenue, and one of the owners, advised the Council that they have not received any phone calls and none of the neighbors have expressed concern about the cabins not being demolished this Fall. Tom Harper questioned if this area is a blighted area why doesn’t the City issue an abatement of nuisance to clean up the Capri Motel. City Administrator Louiseau explained the difference in the definitions between a blighted area and a nuisance. Alderman Imholte stressed that if the project does not go through, the owners could bring the buildings at the Capri Motel up to code. Upon the inquiry of Alderman Anderson, Mr. Remmen advised that if the project does not go through, demolishing the buildings at the Capri Motel could hamper another developer’s chance in getting tax increment financing. Mr. Remmen also advised that if the project is approved, the cabins would be demolished Spring of 2010. Mayor Brenk then called the question and the motion failed with Alderman Marks Erickson abstaining. Alderman Zeman reiterated that he was opposed to the length of the TIF. Alderman Imholte advised that he was in favor of the 25-year TIF because of the uniqueness of the project and the location. After discussion on job creation, Community Development Director Remmen and Mayor Brenk spoke in favor of the project. Mayor Brenk then called the question and the motion for the adoption of the resolution carried with one abstention (Marks Erickson) and one dissenting vote (Heltemes). The Mayor declared the resolution carried.
The Mayor called to order a hearing at 5:26 P.M. to consider the matter of a reported nuisance at 1817 Brainard Boulevard created by a large pile of rocks, many large boulders, piles of black dirt, piles of sand, wood pallets, silt fence, patio blocks, culvert, a metal box, 1 plastic box, 1 Case loader, scraper for skid steer, pull type lawn compactor, 3 point scraper, 3 point digger and other landscaping equipment. Building Official Cal Mayfield summarized for the Council what had not been removed and made note that the culvert, as listed in his letter, was not there. Upon inquiry from the Mayor, Mr. Mayfield advised this lot is a residential lot not a construction site. Ray Johnston, Detroit Lakes, after listing in detail what was left on the lot as of this date, asked if the rocks, boulders and sand could be left on the lot because they will be used when other lots are sold. Upon inquiry of Alderman Sukke, Mr. Johnston advised that the equipment will be moved within the week. There being no further discussion, the Mayor closed the hearing at 5:39 P.M. and reconvened the regular Council Meeting.
Upon the recommendation of the Community Development Committee, a motion was made by Alderman Tucker, seconded by Alderman Aune and carried, with one dissenting vote (Marks Erickson) that the Council finds that a nuisance exists in violation of City Code Chapter 901, at 1817 Brainard Boulevard and authorizes the abatement of the nuisance if the property owner has not removed the equipment within ten days with the exception of the rocks, boulders and sand.
Roger Anderson, 1309 Madison Avenue, appeared before the Council requesting that the City plow the Twin Oaks Townhome’s driveway where he lives because he pays taxes. Discussion was held by the Council and Mr. Anderson relative to this driveway being a private driveway and the City does not plow private driveways.
Pursuant to the recommendations of the Planning Commission that were submitted to the City Council and upon the recommendation of the Community Development Committee, a motion was made by Alderman Aune, seconded by Alderman Tollefson and carried, with one abstention (Marks Erickson), approving the final Planned Unit Development and conversion of a resort and other commercial property into a commercial/residential mixed use development at West Lake Drive and 1334 Washington Avenue, subject to the following conditions:
1) The property owner must provide the City with a road right-of-way easement acceptable to the City on the northerly 50 feet of the project site prior to issuance of a building permit;
2) That the development is limited to 58.1% impervious surface coverage;
3) That the Developer obtain the required Pelican River Watershed District Permit prior to the issuance of a building permit;
4) That no park dedication be required due to the mixed use of commercial/residential and also due to the dedication of a road right-of-way which is approximately 10% of the total project site;
5) That the project be constructed substantially as shown on the approved site plan;
6) That the building height is not to exceed a height of 52 feet;
7) That mandatory membership in a homeowner’s
association is required which stipulates that the remaining open space in the
project area be maintained in perpetuity. The homeowner’s association documents
must be approved
by the Community Development Office prior to issuance of a building permit; and
8) That 96 on-site parking spaces be provided and that additional on- site parking spaces be provided for any restaurant, bar or food service space over 3000 square feet.
Upon the recommendation of the Community Development Committee, a motion was made by Alderman Aune, seconded by Alderman Anderson and carried, without a dissenting vote, introducing for its second reading and adoption, Ordinance No. 337 rezoning 1027 Washington Avenue from “R-2” One and Two Family Residential District and “R-3” Multi-Family Residential District to “B-3” Auto Oriented Business District.
Pursuant to the request of St. Mary’s Innovis Health and upon the recommend-ation of the Community Development Committee, a resolution was introduced by Alderman Aune, who moved its adoption, granting permission to St. Mary’s/Innovis Health to construct its loading dock at the Lincoln Avenue location as shown on its approved preliminary plan prior to approving the final Planned Unit Development for St. Mary’s Innovis Medical Campus and pending the State Fire Marshall’s approval and inspection by Fire Chief Jeff Swanson.
Community Development Director Remmen presented an update on the Business Corridor. He noted that the City Engineer is preparing a preliminary report on the sewer, water and street improvements for the Downtown Crescent Area which will be presented to the Council at the October Council Meeting and the Development Authority is working on a Purchase Agreement for the Mac’s Property. The Mayor advised that a meeting is scheduled this month with the Veterans’ Group relative to the Veterans’ Memorial Park.
Upon the recommendation of the Community Development Committee, a motion was made by Alderman Zeman, seconded by Alderman Aune and carried, without a dissenting vote, that building permits for the month of August, 2009, in the estimated construction value of $1,736,283.00, 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.
Pursuant to the recommendation of the Public Works Committee, a motion was made by Alderman Heltemes, seconded by Alderman Sukke and carried, without a dissenting vote, approving Change Order No. 1 to the contract with Feldt Plumbing LLP, in the amount of $9,000.00, because the poor subgrade required additional correction and granular material for the sanitary sewer and watermain extensions for the Long Lake Annexation Phase 3 Project.
Alderman Heltemes advised that the request from Lakes Brewed Awakening for two ½-hour parking in front of their business will be deferred giving the Public Works Committee a chance to schedule a meeting with businesses on Washington Avenue relative to parking issues.
Upon the recommendation of the Public Works Committee, a motion was made by Alderman Heltemes, seconded by Alderman Marks Erickson approving the issuance of a private dock and boat lift at 304 West Lake Drive. Discussion was held relative to if the Condominium Association should make application for the dock rather than one individual owner. City Attorney William Briggs advised that the common element would be the Association and therefore thought the applicant should be the Association. A motion was then made by Alderman Imholte, seconded by Alderman Zeman and carried, without a dissenting vote, to send a letter advising that the application must be made by the Association not an individual owner.
Pursuant to the Public Works Department obtaining quotes for a snow box insert, the following quotes were submitted.
Bert’s Truck Equipment $5,295.00
Broadway Welding 6,108.63
Fair Manufacturing, Inc. 8,060.00
Upon the recommendation of the Public Works Committee, a motion was made by Alderman Heltemes, seconded by Alderman Zeman and, carried without a dissenting vote, accepting the quote of Bert’s Truck Equipment, in the amount of $5,295.00, for a snow box insert.
Upon the recommendation of the Public Works Committee, a motion was made by Alderman Zeman, seconded by Alderman Aune and carried, without a dissenting vote, approving the blocking off of various streets for the Holy Rosary School Marathon on October 4, 2009, from 1:00 P.M. to 4:00 P.M.
Alderman Imholte thanked the Budget Committee, other Council Members, the Mayor and City staff for their time and input on developing the 2010 Budget. Upon the recommendation of the Budget Committee, a resolution was introduced by Alderman Imholte, who moved its adoption, approving the City of Detroit Lakes Preliminary Budget for Calendar Year 2010 and approving the Preliminary 2010 Tax Levy. The motion for the adoption of the resolution was seconded by Alderman Tollefson. Finance Officer Louis Guzek advised that the tax levy is going up approximately $417,000.00 because of the loss of $317,000.00 in Local Government Aid. He further explained that because of the growth of the City (new construction, growth in the retail sector and annexations), the proposed taxes will be less than they were five or six years ago. Mr. Guzek also explained that final approval of the budget and levy will be at the December 8, 2009, Council Meeting and there will be a public comment period at that meeting at 6:01 P.M. Mayor Brenk then called the question and the motion for the adoption of the resolution was carried unanimously.
Upon the recommendation of the Finance Committee, a resolution was introduced by Alderman Imholte, who moved its adoption, increasing the monthly service charge for storm water utilities effective October 1, 2009. A motion for the adoption of the resolution was seconded by Marks Erickson. Alderman Imholte advised that the monthly service charge for residential would increase $.50 per month and $2.00 per month for commercial and others. Mayor Brenk then called the question and the motion for the adoption of the resolution carried unanimously. The Mayor declared the resolution adopted.
Pursuant to the recommendation of the Finance Committee, a motion was made by Alderman Imholte, seconded by Alderman Sukke and carried, without a dissenting vote, authorizing the calling for bids on replacement windows at the Public Library.
Upon the recommendation of the Finance Committee, a motion was made by Alderman Zeman, seconded by Alderman Aune and carried, without a dissenting vote, authorizing participation in the Blood Screening Program sponsored by the Noon Rotary and area health care providers on September 18, 2009, or the week of September 21-25, 2009.
Pursuant to the recommendation of the Finance Committee, a resolution was made by Alderman Zeman, who moved its adoption, declaring the cost of the 2009 Sidewalk Repair/Replacement Project at various locations throughout the City to be $28,407.82, the City’s portion to be $5,260.84 and $23,146.99 to be assessed against benefited property owners, and ordering the preparation of proposed assessments. The motion for the adoption of the resolution was seconded by Alderman Aune and carried without a dissenting vote. The Mayor declared the resolution adopted.
Upon the recommendation of the Finance Committee, a resolution was made by Alderman Zeman, who moved its adoption, setting a special assessment hearing for October 13, 2009, at 5:00 P.M. to give consideration to the assessment roll for the 2009 Sidewalk Repair/Replacement Project. 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.
Alderman Imholte advised the Council that when the final plat of Timber Creek Third Addition Phase II was approved, there was a condition that extensive and appropriate screening be planted on each side of the road. This screening was never done. City Administrator Louiseau informed the Council that this condition was made because a property owner expressed concern about headlights shining in his windows. After that Council Meeting, the City Engineer, Public Works Director and City Administrator Louiseau went out to the property and they concluded that headlights would not be a problem because there was appropriate screening on one side of the road already and it would be inappropriate to spend additional money. Upon the inquiry of Mayor Brenk, City Administrator Louiseau advised that the City would have been responsible for planting those trees so the contractor, RL Larson Excavating, has satisfactorily completed all their work. Mayor Brenk suggested that City staff meet with the property owner to see if he has problems with the shining headlights. Alderman Imholte suggested that when there are conditions in the motions, the City needs to adhere to them or they need to take action as a Council to reverse the condition. He stressed that the condition required screening on both sides of the road and spoke in favor of planting trees on other side of the road. He also expressed concern about the City paying for planting the trees when it was the developer’s responsibility for the expense which he had stated was going to be assessed back to the property owners. The Mayor instructed this issue be put on the Community Development Committee agenda for additional discussion. Alderman Zeman spoke in favor of the developer paying the expense of the screening rather than the City. City Engineer Gary Nansen clarified that subsequent to the Public Works Committee Meetings, a decision must have been made to not include the screening in the plans and specifications. Upon the recommendation of the Finance Committee, a motion was made by Alderman Anderson, seconded by Alderman Tucker and carried, without a dissenting vote, accepting the work and authorizing final payment to RL Larson Excavating, Inc., in the amount of $76,697.13, for street and utility improvements in Timber Creek, Third Addition Phase II.
Pursuant to the recommendation of the Public Safety Committee, a resolution was introduced by Alderman Tollefson, who moved its adoption, authorizing the Detroit Lakes Police Department to enter into a grant agreement with the Minnesota Department of Public Safety, Office of Traffic Safety, for the project “Safe & Sober Communities” during the period October 1, 2009, through September 30, 2010. The motion for the adoption of the resolution was seconded by Alderman Sukke and carried without a dissenting vote. The Mayor declared the resolution adopted.
Upon the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Tucker, seconded by Alderman Marks Erickson and carried, without a dissenting vote, introducing for its second reading and adoption, Ordinance No. 336, which adds Section 702.12 to the City Code relative to a Temporary Expansion Permit for Sidewalk Cafes on public right-of-way.
Pursuant to the adoption of Ordinance No. 336 and upon the recommendation of the Liquor/Gambling Control Committee, a resolution was introduced by Alderman Tucker, who moved its adoption, setting the rate for a Temporary Expansion Permit for Sidewalk Cafes on public right-of-way at $100.00/year. 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.
Upon the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Zeman, seconded by Alderman Aune and carried, without a dissenting vote, approving the issuance of temporary on-sale intoxicating liquor licenses for the Sandbar II allowing them to sell and serve liquor at the Detroit Lakes Armory August 22, 2009, for the Manville Wedding and the Detroit Lakes Jaycees at the Pavilion on October 9, 2009.
Pursuant to the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Zeman, seconded by Alderman Aune and carried, without a dissenting vote, approving the issuance of a temporary on-sale 3.2 malt liquor license for Holy Rosary Catholic Church to sell and serve 3.2 malt liquor at the Freeman Sports Arena (outside) for their Parish Festival on August 16, 2009.
Upon the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Zeman, seconded by Alderman Aune and carried, without a dissenting vote, approving the issuance of a permit to consume for the Schock Wedding Party on October 17, 2009, at the Pavilion.
Pursuant to the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Zeman, seconded by Alderman Aune and carried, without a dissenting vote, approving the gambling applications submitted by the Detroit Lakes Jaycees for a raffle on October 9, 2009, at the Pavilion and the Detroit Lakes Youth Hockey Association, Inc., for a raffle at the Speak Easy on October 23, 2009.
Pursuant to the advertisement for bids for replacement of the Soo Line Wastewater Lift Station on Willow Street, the following bids were received and opened at 11:00 A.M., September 3, 2009:
BIDDER BID AMOUNT
Feldt’s Plumbing LP $138,630.00
28442 State Highway #34
Detroit Lakes, Minnesota 56501
Hough, Inc. 179,145.00
P.O. Box 2
Detroit Lakes, Minnesota 56502
Sellin Bros., Inc. 211,626.00
P.O. Box 159
Hawley, Minnesota 56549
Spruce Valley Corporation 217,232.00
39469 130th Avenue NE
Middle River, Minnesota 56737
Geislinger & Sons 225,220.00
36854 654th Avenue
Watkins, Minnesota 55389
Gridor Construction, Inc. 248,900.00
3990 27th Street SE
Buffalo, Minnesota 55313
Kuechle Underground, Inc. 266,278.00
P.O. Box 509
Kimball, Minnesota 55353
John T. Jones Construction Co. 279,740.00
P.O. Box 2424
Fargo, North Dakota 58108
Quam Construction Co., Inc. 284,534.50
P.O. Box 48
Willmar, Minnesota 56201
Upon the recommendation of the Public Utilities Commission, a resolution was introduced by Alderman Tollefson, who moved its adoption, accepting the bid of Feldt’s Plumbing LP, Detroit Lakes, Minnesota, in the amount of $138,630.00 for the rehabilitation of the lift station on Willow Street. 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.
Pursuant to the recommendation of the Public Utilities Commission, a motion was made by Alderman Tollefson, seconded by Alderman Heltemes, approving the purchase of electric service territory from Wild Rice Electric Cooperative which is within the 2009 Long Lake annexation area in the amount of $78,000.00. Alderman Tollefson advised the Council that the territory includes 23 existing accounts with annual electric purchase of approximately 495,000 kwh. Mayor Brenk then called the question and the motion for the adoption of the resolution was passed unanimously.
Pursuant to the advertisement for bids for rehabilitation of the Detroit Lakes Water Treatment Plan, the following bids were received and opened at 11:00 A.M., August 7, 2009:
Gridor Construction, Inc. $1,796,900.00
Buffalo, Minnesota
John T. Jones Construction 1,817,000.00
Fargo, North Dakota
Magney Construction, Inc. 1,888,000.00
Chanhassen, Minnesota
Northern Plains Contracting, Inc. 1,898,000.00
Wolverton, Minnesota
Gordon Construction of Mahnomen, MN 2,275,135.00
Mahnomen, Minnesota
Upon the recommendation of the Public Utilities Commission, a resolution was introduced by Alderman Tollefson, who moved its adoption, accepting the bid of Gridor Construction, Inc., in the amount of $1,796,900.00, for rehabilitation of the Detroit Lakes Water Treatment Plant, contingent upon receiving financing from the Minnesota Public Facilities Authority. The motion was made by Alderman Sukke and carried without a dissenting vote. Mayor Brenk declared the resolution adopted.
A motion was made by Alderman Anderson, seconded by Alderman Tucker and carried, without a dissenting vote, introducing for its first reading an ordinance amending Section 605.03, Subdivision 2, relative to changing the requirement of having a $2,000.00 surety bond to requiring a $25,000.00 State Compliance Bond for a person to acquire a plumbing license. Assistant City Administrator Lynne Krieger advised that by passing this ordinance, this will bring the plumbing license requirements in compliance with State Law.
Pursuant to the recommendation of the Mayor, a motion was made by Alderman Imholte, seconded by Alderman Aune, and carried, without a dissenting vote, approving attendance of three people from the City Council or City staff to the League of Minnesota Cities Regional Meeting at Parkers Prairie on September 23, 2009.
Upon the recommendation of the Finance Committee, a motion was made by Alderman Zeman, seconded by Alderman Aune 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 $1,975,833.46 as of August 31, 2009, be accepted, approved and placed on file.
Pursuant to the recommendation of the Finance Committee; a resolution was introduced by Alderman Zeman, who moved its adoption, approving the payment of claims paid by proper authorization covering the period August 12, 2009, through September 8, 2009, in the amount of $4,025,274.67. The motion for the adoption of the resolution was seconded by Alderman Aune and carried without a dissenting vote. The Mayor declared the resolution adopted.
The motion was made by Alderman Zeman, seconded by Alderman Aune and carried, without a dissenting vote, that the Animal Control Report, County Court Report for August, 2009, Chief of Police Reports, Fire Chief's Report, Liquor Store Manager's Report and parking violations report be approved and placed on file.
There being no further business to conduct, by general consent, Mayor Brenk adjourned the meeting (7:23 P.M.).
Respectfully submitted,
Lynne Krieger
Asst. City Administrator