Detroit Lakes, Minnesota
January 23, 2007
A special meeting of the City Council was called to order in the Council Chambers of the City Administration Building at 2:00 P.M., Tuesday, January 23, 2007, all members of the Council having been duly notified of the meeting and the business to be transacted.
Present: Vice Mayor Matt Brenk; City Attorney William Briggs; City Administrator Richard Grabow; Assistant City Administrator Lynne Krieger; Community Development Director Larry Remmen and Building Official Calvin Mayfield.
Aldermen: Anderson, Aune, Hannon, Heltemes, Imholte, Tollefson, Tucker and Zeman.
Others Present: Sharon Josephson; Roy Smith; members of the Investigation Committee; Todd Simison, and Tammi Norgard, Attorney representing Todd Simison.
Absent: Mayor Larry G. Buboltz; Finance Officer Louis Guzek; Public Utilities Superintendent Curt Punt; City Engineer Gary Nansen; Police Chief Kelvin Keena, Liquor Store Manager Bradley MacMaster and Fire Chief Jeffrey Swanson.
Upon the request of Vice Mayor Brenk, City Attorney William Briggs summarized his memorandum which was submitted earlier to assist the Investigative Committee on what to consider when reviewing (site visit) the land use of TS Recreational, Inc., on Highway 10 East. Mr. Briggs advised the Council that they needed to make an evaluation of T.S. Recreational’s business operation to determine if it complies with the “B-3” Zoning District in the City Zoning Ordinance.
He further advised that the site visit is a fact finding mission and suggested that no deliberation take place until the Committee meets back at the City Administration Building.
After questions from Sharon Josephson, Tammi Norgard, Attorney representing Todd Simison/TS Recreational, appeared before the Council and handed out the landscaping plan and expressed several concerns. She also made note of a letter that she received from Conservation Officer Joseph Stattelman denying several comments that were supposedly made by him relative to TS Recreational. Alderman Zeman expressed concern about the letter not reflecting what Mr. Stattelman said.
Sharon Josephson clarified that the issue is not with the original business that was approved in 2005, but with the extension of the business.
After questions, Vice Mayor Brenk adjourned the meeting to the TS Recreational Site at 2:36 P.M.
Vice Mayor Brenk reconvened the special City Council Meeting at 3:28 P.M.
After questions, Vice Mayor Brenk opened the meeting up for comments. Upon the inquiry of Alderman Imholte, the Vice Mayor advised that it was Mayor Buboltz’s intention for the Investigative Committee to report back to the City Council their findings at the February 13, 2007, City Council Meeting.
Tammi Norgard, Attorney for Mr. Simison, reviewed the definition of “junk yards” and generally stated that T.S. Recreational was not a junk yard and stressed that the business fits the definition of “Recreational Equipment Sales”.
Alderman Heltemes stated that there are several uses going on at TS Recreational such as, light industrial, retail sales and junk is a part of it.
Todd Simison expressed his concern as to how the City could have let him go on with his investments for two years and now decide to stop him from expanding his business.
Pursuant to Chris Bergen’s letter and upon the inquiry of Alderman Zeman, Community Development Director Larry Remmen advised that in 2005, Mr. Simision’s e business was called TS Recreational and not every activity of his business was listed in his plan, but everyone knew that Mr. Simison sold used lifts and boats, refurbished equipment and no one questioned if that was something allowed in a “B-3” District.
Sharon Josephson advised that the real question is the definition of salvage and if it is permitted in a “B-3” Zone. She stressed that the only control the Investigative Committee has is over TS Recreational’s expansion property because it was rezoned by default from a “R-2” District to a “B-3” District.
Alderman Hannon addressed the matter of lighting being hooded and directed away from residential areas in the Zoning Ordinance and asked how many units can be stored before it becomes a issue of junk. Tammi Norgard advised the Council that Todd Simison offered the neighbors, in back of TS Recreational, to buy trees for them as screening but they declined his offer.
Sharon Josephson inquired as to what the definition of salvage was and is it salvage that TS Recreational is selling. City Attorney Bill Briggs suggested that the City Council take a look at the Zoning Ordinance and figure out what is the appropriate interpretation if the ordinance does not cover situations like this, it might have to be amended.
Roy Smith addressed the issue of having no definition that separates “junk yard” from “salvage” in the City’s Zoning Ordinance and based on City Attorney Bill Brigg’s instructions suggested then that the City Council would have to decide what that definition should be. Mr. Smith read to the Council from the Zoning Ordinance the definition of a “junk yard” in the “I-2” District, and expressed that TS Recreational is not selling waste, discarded or salvaged material but rather salvaged units. He then referred to the definition of salvage that was outlined in City Attorney Bill Brigg’s letter.
Vice Mayor Brenk then referred the matter to the Community Development Committee for further review before February 13, 2007, Council Meeting.
There being no further comments or actions, by general consent, Vice Mayor Brenk adjourned the meeting at 4:31 P.M.
Respectfully submitted,
Lynne Krieger
Asst. City Administrator