Detroit Lakes

Detroit Lakes, Minnesota

July 8, 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, July 8, 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; City Engineer Gary Nansen; Public Works Director Brad Green; Police Chief Kelvin Keena; Building Official Calvin Mayfield and Fire Chief Jeffrey Swanson.

Aldermen: Anderson, Aune, Brenk, Hannon, Imholte, Tollefson, Tucker and Zeman.

Absent: Alderman Heltemes; Liquor Store Manager Bradley MacMaster and Public Utilities Superintendent Curt Punt.

There being no corrections or additions to the minutes of the regular Council Meeting held June 10, 2008, and the special City Council Meeting held June 27, 2008, the Mayor declared that they would stand approved according to copies of same sent to each member of the Council.

Mayor Buboltz introduced and welcomed Frazee Mayor Henry Ludtke and Chris Tovson, Director of the Detroit Lakes Regional Chamber of Commerce.

Mayor Buboltz called to order a hearing at 5:04 P.M., to consider the matter of a reported nuisance at 415 and 404 Rossman Avenue created by an accumulation of debris, i.e., step ladder, lawn furniture, big plastic container in a metal cage, barrels, lawn mowers, tubs, plastic jugs, garbage in plastic bags, pails, snow blower, tarps, toys, air compressor, hoses, doors, lumber, suitcase, garbage cans, metal stands, concrete blocks, trampoline, thermos, folding chairs, blankets, patio blocks, lunch boxes, lawn ornaments, ice chest, cardboard boxes and other items. Building Official Mayfield advised the Council that items had been removed but there still was a large amount of debris at 404 Rossman Avenue. He further advised that nothing had been removed at 415 Rossman Avenue. He circulated pictures that he had taken of the properties. Steve Mowers, 415 Rossman Avenue, appeared before the Council informing them of the items that had been removed and inquired as to what items are considered debris. Alderman Zeman informed the Council that he drove past the properties and it seemed like the yards looked better than they have been in a long time. There being no further comments, Mayor Buboltz closed the hearing at 5:20 P.M. and reconvened the regular Council Meeting.

Upon the recommendation of the Mayor, a motion was made by Alderman Zeman, seconded by Alderman Aune that the City Council finds that a nuisance exits in violation of City Code Chapter 901 at 415 and 404 Rossman Avenue and directed Building Official Mayfield to meet with Mr. Mowers on July 9, 2008, at 415 and 404 Rossman Avenue to point out which items need to be removed by July 22, 2008. A motion was made by Alderman Hannon, seconded by Alderman Zeman and carried, without a dissenting vote, to amend the motion to include that Mr. Mayfield have a police escort when going to meet with Mr. Mowers and that if there is any conflict between the Building Official and the homeowner, the nuisance will be abated immediately. After Mayor Buboltz reviewed the amended motion, he called for the vote and the motion to amend the original motion carried unanimously.

Mayor Buboltz called to order a hearing at 5:20 P.M., to consider the matter of a reported nuisance at 113 West Union Street and 407 Rossman Avenue created by an accumulation of debris, i.e., black sled, portable fishhouse on skis, wooden picnic table, pink Styrofoam, two metal stands, wood blocks, metal box, sections of privacy fence, two wheel barrows, snow shovel, two yellow lawn chairs, pop cans, folding lawn chairs, dog kennel, old dog house, black planter, grill, car ramp, scrap lumber, metal barrel, tire and rim, blue tarp, snow blower, gallon jugs, picnic table in back yard, pick-up box liner and other items. Building Official Mayfield advised the Council that the items had not been removed from 113 West Union Street and 407 Rossman Avenue. He circulated pictures that he had taken of the properties. There being no oral or written comments. The Mayor closed the hearing at 5:21 P.M. and reconvened the regular Council Meeting.

A motion was made by Alderman Hannon, seconded by Alderman Zeman and carried, without a dissenting vote, that the City Council finds that a nuisance exits in violation of City Code Chapter 901 at 113 West Union Street and 407 Rossman Avenue and directed Building Official Mayfield to meet with Mr. Mowers on July 9, 2008, along with a police escort, at 113 West Union Street and 407 Rossman Avenue to point out which items need to be removed by July 22, 2008, and if there is any conflict between the Building Official and the homeowner, the nuisance will be abated immediately.

The Mayor called to order a hearing at 5:22 P.M., to consider the matter of a reported nuisance at 400 Rossman Avenue created by an accumulation of debris, i.e., blankets, tables, screen windows, trays, containers, cans, tarps, trikes, wreath, cushions, pails, wheel barrow, shelving, bundles of papers, roof vent, cabinet, windows, railings, metal posts, lawn mowers, step ladders, toys elliptical machine, cardboard boxes, bikes, sleds, concrete blocks, ladders, garbage cans, air mattresses carpet, smashed up car door, a minivan and other items. Building Official Mayfield advised the Council that the property owner has made a lot of progress cleaning up the lot. Glenn Crow, 400 Rossman Avenue, appeared before the Council and informed them that he would only need one more week to finish. There being no further comments, the Mayor closed the hearing at 5:24 P.M. and reconvened the regular Council Meeting.

A motion was made by Alderman Brenk, seconded by Alderman Hannon and carried, without a dissenting vote, that the City Council finds that a nuisance exists in violation of City Code Chapter 901 at 400 Rossman Avenue due to accumulation of debris and orders the abatement of this nuisance if the rest of the property is not cleaned up by July 15, 2008.

The Mayor called to order a hearing at 5:24 P.M., to consider the matter of a reported hazard at 1941 Long Bridge Road related to a unfinished house. Building Official Mayfield reported that this project was started two years ago and there is a crawl space with a cap put on it and the lumber and material on the cap has deteriorated whereby the structure has collapsed and he considers it a safety hazard. Rick Kalinoski, property owner, appeared before the Council to advise them that the property has been put up for sale and he cannot afford to make the necessary repairs. He expressed concern about the conditional use permit not being valid if the property is abated. Community Development Director Remmen advised that if the foundation is in place, the conditional use permit should still be valid. The City Attorney was asked to review the validity of the conditional use permit if the property was abated. Community Development Director Remmen advised that they are not asking that the foundation be removed but that it be made safe and the weeds be cleaned up. Bob Reff, 1938 Long Bridge Road, and a member of the Dead Shot Bay Condominium Association, Scott Fischburg, 1930 Long Bridge Road, Bob McDougall, 1950 Long Bridge Road, and Leslie Wiedmann, 1932 Long Bridge Road spoke in favor of the abatement. Upon Alderman Imholte’s inquiry, Building Official Mayfield and City Administrator Louiseau, advised that the cap on the foundation would need to be made safe by replacing the deteriorated materials attached to the foundation and the weeds would need to be mowed. Alderman Zeman stressed that something needs to be done. Community Development Director Remmen advised that the conditional use permit was for converting the resort to a residential use allowing a house and guest cabin and City Administrator Louiseau advised that the conditional use permit should continue with the land as long as the conditions of the permit are followed. Mayor Buboltz instructed staff to review building permit regulations to see how long a building permit is valid on a certain project. Alderman Imholte requested that Community Development Director Remmen review what conditions were required on the conditional use permit and make sure they have been met and if there was a time limit set. Upon the inquiry of Building Official Mayfield, the Mayor advised that if the property owner replaces the deteriorated lumber, Mr. Mayfield should inspect the property to make sure it is safe. Mayor Buboltz closed the hearing at 5:45 P.M. and reconvened the regular Council Meeting.

A motion was made by Alderman Tucker, seconded by Alderman Aune and carried, without a dissenting vote, to abate the hazard by August 8, 2008, if the property owner has not made the site safe and the weeds and fence have not been removed. Mr. Kalinoski reiterated to the Council that the reason the property is for sale is because he financially cannot afford to make the necessary repairs on the cap. Upon Alderman Brenk’s inquiry, City Administrator Louiseau advised that, if abated, the City would remove whatever construction has taken place above ground that is deficient, leave the foundation below ground and fill the hole to some degree so it would be safe and mow and take the fence down and assessed the property for the cost. Upon the inquiry of Betty Keller, 1934 Long Bridge Road, Mayor Buboltz advised that the City has a right to make the property safe but does not have the right to make sure the lot is built on. It was agreed by general consent that if Mr. Kalinoski gets a purchase agreement on the property within the month, the Council would not abate the nuisance allowing time for the sale to go through. Mayor Buboltz then called the question and motion carried unanimously.

The Mayor called to order a hearing at 6:00 P.M., to consider the matter of a reported nuisance at 1745 Long Bridge Road created by an abandoned vehicle. Police Chief Keena advised that the car was removed. Mayor Buboltz adjourned the hearing at 6:00 P.M. and reconvened the regular Council Meeting.

Don Schattschneider, appeared before the Council and presented a check in the amount of $5,000.00 to the City pursuant to the American Legion Campground Lease Agreement and also presented a check in the amount of $16,617.00 for 2^nd installment on the $70,000.00 loan that was taken out for improvements to the Campground. He then presented a check from the American Legion John Bridges Post 15, Detroit Lakes, in the amount of $1,100.00 making it the first donation to the Veteran’s Memorial Fund.

After City Engineer Gary Nansen gave a brief history on the holding ponds in question, a motion was made by Alderman Imholte, seconded by Alderman Brenk, that the Council reaffirms the decision to not have a fence surrounding the storm water pond at 1736 East Shore Drive consistent with City Policy. Upon the inquiry of Alderman Zeman, City Engineer Nansen advised that the depth typically would be about three feet. Mayor Buboltz then called the question and the motion carried with one dissenting vote (Zeman).

A motion was made by Alderman Imholte seconded by Alderman Brenk, that the Council reaffirms the decision to not have a fence surrounding the storm water pond at the intersection of East and South Shore Drive consistent with City Policy. Bev Pompe, 1907 East Shore Drive, expressed concern for the safety of her grandchildren. Public Works Director Green advised that the City has been working with the Becker County Soil District and has received a grant to plant native specimens by both ponds. A motion was made by Alderman Hannon, seconded by Alderman Zeman, to amend the motion to include authorizing City staff to remove the chain link fence from the 1736 East Shore Drive pond and install it along Bev Pompe’s east property line, from the right-of-way to the end of the property at 1907 East Shore Drive. Bill Fossen, 1834 East Shore Drive, spoke in favor of the fence coming down at 1736 East Shore Drive and also expressed concern about the site not being mowed and maintained. Wendell Smith, 1376 South Shore Drive, expressed his concern about the wood fence being a serious safety hazard and objected to the City’s expense of putting up a fence at 1907 East Shore Drive. Jim Hirsch, 1270 South Shore Drive, spoke in favor of removing the fence at the intersection of East and South Shore Drive. Alderman Hannon informed the audience that Ms. Pompe bought her house thinking there would be a fence around the pond and now has apprehensions about the safety issues of removing the fence. Upon inquiry, Public Works Director Green was not sure if the chain linked fence would work. Alderman Zeman spoke in favor of putting up a fence for Ms. Pompe. Upon Alderman Brenk’s inquiry, Alderman Zeman and Hannon advised that it would be the City’s fence. Aldermen Imholte and Tucker recommended using a natural barrier. Mayor Buboltz then called the question and the motion to amend did not carry. A motion was made by Alderman Hannon, seconded by Alderman Zeman, to amend the motion to place a natural buffer on the east side of the property line of 1907 East Shore Drive. Pursuant to the Mayor’s suggestion, the motion to amend was dropped until the next Council Meeting giving City staff time to find out what the expense would be for a natural barrier. Mayor Buboltz then called for a vote on the original motion to remove the fence by the storm water holding ponds at 1736 East Shore Drive and at the intersection of East and South Shore Drive. The motion carried with one dissenting vote (Zeman).

Upon the recommendation of the Community Development Committee, a motion was made by Alderman Brenk, seconded by Alderman Anderson and carried, without a dissenting vote, authorizing the City to enter into an Encroachment Easement Agreement with Riewer Holdings LLC relative to the City’s easement along the north boundary known as the Highway 10 Frontage Road and along the west boundary known as Corbett Road.

Upon 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 Tucker and carried, without a dissenting vote, approving the preliminary plat of DOW Storage Park at 601 Central Avenue.

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 Tucker and carried, without a dissenting vote, introducing for its first reading an ordinance amending the City’s Zoning Ordinance, Section 3, Subdivision 2C as follows:

3. If, in a group of two or more contiguous lots under the same ownership, any individual lot does not meet the requirements of this Ordinance, the lot must not be considered as a separate parcel of land for the purposes of sale or development. The lot must be combined with the one and more contiguous lots so they equal one or more parcels of land, each meeting the requirements of this ordinance to the extent possible.

Upon the recommendation of the Community Development Committee, a motion was made by Alderman Brenk, seconded by Alderman Tucker and carried, without a dissenting vote, approving the request of 3’Z Company Amusement Productions authorizing them to park two RV’s at the corner of West Lake Drive and Washington Avenue for security purposes through September, 2008.

Pursuant to the request of SRF, the City’s consultant on the issuance of a Quiet Zone Notice of Intent Application, and upon the recommendation of the Community Development Committee, a motion was made by Alderman Brenk, seconded by Alderman Anderson and carried, without a dissenting vote, to authorize the City to enter into an additional contract with SRF relative to filing an application with the Railroad Administration for alternative safety measures, in the amount of $5,850.00, such funds to be taken from the Liquor Fund. Alderman Imholte expressed his concerns if the City will actually get Quiet Zone designation. When questioned, Community Development Director Remmen advised that SRF says they will be able to get these notice of intent applications completed by July 31, 2008. Alderman Zeman expressed concern about the amount of additional money the City is willing to spend. City Administrator Louiseau explained the Kris Street Crossing liability issues that have arisen and suggested the Council decide how much liability they want the City to take on.

Pursuant to the recommendation of the Community Development Committee, a motion was made by Alderman Aune, seconded by Alderman Imholte and carried, without a dissenting vote, that building permits for the month of June, 2008, in the estimated construction value of $2,804,605.50, 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 request of Steven and DeLora Stoa and upon the recommendation of the Public Works Committee, a motion was made by Alderman Imholte, seconded by Alderman Tucker and carried, without a dissenting vote, to allow a two-year deferral (2010) to hook up to the City’s sewer/water system or upon sale of their building whichever occurs first.

Upon the recommendation of the Public Works Committee, a motion was made by Alderman Imholte, seconded by Alderman Hannon and carried, without a dissenting vote, authorizing the Lakes Area Young Life to use City water, roadways and the City Park as listed in their letter of June 25, 2008, for their 5^th Annual Triathlon on August 16, 2008.

Pursuant to the recommendation of the Public Works Committee, a motion was made by Alderman Aune, seconded by Alderman Imholte and carried, without a dissenting vote, approving the issuance of temporary transient merchant’s licenses for Mike Chandler to sell 10,000 Lakes Festival and WE Fest tickets at 1377 West Lake Drive on July 24-27, 2008, and August 7-10, 2008, and Gary Cox to sell WE Fest tickets at 1575 West Lake Drive August 7-10, 2008.

Upon the recommendation of the Public Work Committee, a motion was made by Alderman Aune, seconded by Alderman Imholte and carried, without a dissenting vote, approving the issuance of a one-day transient merchant’s license to T.A.P. Enterprises permitting them to sell tools and general merchandise at the National Guard Armory on July 17, 2008.

Pursuant to the request of the Detroit Lakes Regional Chamber of Commerce , a motion was made by Alderman Imholte, seconded by Alderman Brenk, to authorize placement of a digital sign on City-owned land at the Fire Station along Highway 10, provided it is a joint sign promoting Chamber of Commerce and City events and allow City staff to work out the details with the Chamber of Commerce. Upon the inquiry of Alderman Tucker, Chris Tovson, President of the Detroit Lakes Regional Chamber of Commerce advised that it was her understanding that approximately $22,900.00 has been allocated by the Minnesota Department of Transportation for the digital sign due to the Chamber relocating. Alderman Zeman suggested that Ms. Tovson confer with the Chamber Board relative to the Chamber and City sharing the sign and spoke in favor of the City having a separate sign. Alderman Imholte spoke in favor of the sign being used for both Chamber and City events. Chris Tovson stressed that they need to know if the City would lease or sell a parcel of land so they can report back to MnDOT to see if this land/location would qualify for their funding. After further discussion, Alderman Imholte withdrew his motion and introduced another motion to authorize the sale or lease of a 4’ x 4’ parcel of City-owned land to the Detroit Lakes Regional Chamber of Commerce City to erect a digital sign. AldermanBrenk seconded the motion and it carried.

Pursuant to the Public Safety Committee, a motion was made by Alderman Aune, seconded by Alderman Tucker and carried, without a dissenting vote, to authorize the Detroit Lakes Volunteer Fire Department to enter into a two-year Fire Station Site Agreement with WE Fest providing firefighting services.

Upon the recommendation of the Public Safety Committee, a motion was made by Alderman Aune, seconded by Alderman Imholte and carried, without a dissenting vote, authorizing the issuance of a permit for TNT Gymnastics to conduct a dance at the Pavilion on August 1, 2008, such permit having been recommended for approval by the Police Chief.

Pursuant to the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Hannon, seconded by Alderman Zeman and carried, without a dissenting vote, approving the Liquor Store Manager’s Report for the month of June, 2008.

Upon the recommendation of the Mayor, a motion was made by Alderman Brenk, seconded by Alderman Tucker appointing Howard Hanson and Mark Hagen to a three-year term on the Detroit Lakes/Becker County Airport Commission effective September 1, 2008. Alderman Hannon advised the Council that he cannot vote for the appointment of Mark Hagen because, according to City policy, he has exceeded the maximum amount a person can serve on the Airport Commission. Mayor Buboltz advised that Mark Hagan has served nine years as a City appointee and then was appointed by the County. Mayor Buboltz then called the question and the motion carried with two dissenting votes (Hannon, Zeman).

Upon the recommendation of the Mayor, a motion was made by Alderman Tollefson, seconded by Alderman Zeman and carried, without a dissenting vote, appointing Mike Stearns to a three-year term on the Detroit Lakes Library Board effective September 1, 2008.

A motion was made by Alderman Aune, seconded by Alderman Imholte and carried, without a dissenting vote, approving a plumbing license for Harold Askelson, Jr. dba Askelson Plumbing and Heating, pursuant to his application, compliance bond and $25.00 fee.

A motion was made by Alderman Aune, seconded by Alderman Imholte and carried, without a dissenting vote, approving the issuance of a cigarette license for one year to Stop-N-Go #445, 339 Highway 10 East, pursuant to their application and $100.00 fee.

A motion was made by Alderman Aune, seconded by Alderman Imholte 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 $4,330,295.43 as of June 30, 2008, 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 June 11, 2008, through July 8, 2008, in the amount of $3,107627.49. The motion for the adoption of the resolution was seconded by Alderman Imholte and carried without a dissenting vote. The Mayor declared the resolution adopted.

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

Chief Keena and Public Works Director Green gave short reports on the 4^th of July holiday period and how things went for their departments. Chief Keena expressed his appreciation to Police Sergeant Chad Glander who organized and directed the Police Department’s efforts. He pointed out that there were no complaints about their staff this year. Public Works Director Green commended his staff for all the hard work they did. He also thanked Park Employee Bruce Stone for coming up with the idea to distribute garbage bags to the people in the park who helped with the cleanup in the Park. Mayor Buboltz extended his and the Council’s appreciation for all their hard work.

There being no further business to conduct, by general consent, the Mayor adjourned the meeting (7:00 P.M.)

Respectfully submitted,

Lynne Krieger

Asst. City Administrator