Blok also contended during the meeting that the space was originally built as a main floor apartment, before it was later rented out by the Immanuel/Indherred Church Parish Office. He said the space is actually returning to its intended purpose with two businesses built on each side of an apartment.

A variance request permitting the main floor apartment in a commercial district was denied in August by a 4-1 vote (with Councilman Jim Johnson voting in dissent). Blok said, should the council not grant him a variance to return the space back to an apartment, the building would be difficult to sell should he desire to sell the building someday.

“It’s built as an apartment and if it can’t be used for the purpose it was intended to be it will be hard to sell,” he said.

However, Councilman Larry Noyes said Blok should have came to the council first to ask for a variance before renting out the apartment. Instead, Noyes said Blok rented out the space as an apartment and then made his case before the council that he needed a variance, something that didn’t sit well with him.

Mayor Milo Holte said the council told Blok not to rent out the space as an apartment and later found out he rented the space as an apartment anyways. Holte said the decision to deny the variance and evict the tenants was a hard one for the council as well as it was for Blok. He said by granting Blok a variance for the main floor apartment, it would be difficult and unfair to tell the next person who applies for a variance that they would not be able to receive one.

Noyes said the city lawyer told Blok at a previous meeting that an ordinance is in place regulating the type of apartments in a commercial district and it’s the city’s job to enforce the laws on the books. He said without a variance, Blok cannot and should not, have rented out the space as an apartment and by doing so he is in violation of a city ordinance.

Noyes said the district could be rezoned down the line, but that to had some downfalls. He said until it was rezoned, Blok would be in violation of the ordinance.

In other action:

• Approved contract for Rick Holt as the new building inspector for the City of Starbuck effective Jan. 1, 2009. Current building inspector Dan Marthaler will be resigning at the end of the year.   
• Approved deeming a dog owned by Heather Nelson a dangerous dog. The dog which had previously been labeled a potentially dangerous dog will now need to be muzzled and restrained by a substantial chain or leash not exceeding six feet and under the physical restraint of a person 16-years-old and above when outside a properly enclosed structure, registered with the county, and licensed and kept up to date with rabies vaccination.
• Heard that Dianne Cordes, Principal Day Treatment in Starbuck, was interested in using the community center as an off-site location for a safe harbor in the event of an evacuation at the school. The council saw no problem with this provided the community center had not already been rented out during that time.
• Approved bills for the Starbuck Fire Department totalling $1,476.78.  Included in this amount is a new tank for the new floor scrubber, cleaning solution, work on the new air compressor and new brake booster for the fire truck.
• Heard from City Superintendant Gary Koos who said approximately 600 water meters have been read in town and most of the meters should be read by the end of the month. Holte suggested billing for the backdated water in the next bill cycle and to give people 30 days to pay 50 percent of their bill and another 30 days to pay the remaining 50 percent as done in a previous instance this year. Letters will be attached to the water bills when the amount is excessive and those people will be able to work out a payment plan with the city in order to get their water bill caught up.
• Heard from Dave Jensen who is requesting, along with Rob and Debbie Kuusisto to be annexed into the city limits. Holte said the city will begin the necessary paperwork to begin the annexation process.
• Directed Starbuck Police Chief Jim Minion to look into a violation at 203 West 5th St. Work on the outside of the property and an inspection on the work was suppose to be done by the end of July. As of the meeting it was reported by the building inspector there were still things that needed to be completed on the building before 100 percent completion.
• Approved increasing the building permit fees by $10 apiece.
• Approved payment of $1,310 in property taxes on a pair of rental properties located at 304 East 4th St. and 117 West 5th St.
• Approved continuing a contract for employee health insurance with Lakes County Area Cooperative. There is a four percent increase in rates over last year.
• Approved Starbuck Community Center rental fee increase effective October 1. In addition to the rate increase of approximately 10 percent across the board, those who rent the facility will also be given a $150 option to pay should they not want to clean the community center after their function.
• Authorized City Clerk Diana Schlief to put a policy in place for Electronic Funds Transfer.
• Denied a motion to insure an ice skating rink in downtown Starbuck. Greg Peterson had expressed an interest in having an ice skating rink next to the bakery in Starbuck but the city denied the motion to be the ones to pay for insurance.
• Approved financial planning agreement with Northland Securities.
• Closed the meeting to discuss financial matters.
• Reopened the meeting and closed the meeting again to discuss personnel issues.
• Approved minutes for the July 18, August 25, and Sept. 8, Starbuck City Council meetings.
• Approved bills totalling $60,415.99.
• Received a letter from Jeannie Pederson requesting the City of Starbuck be the fiscal agent for the new Horizons III Project. The council will ask Pederson for more information regarding the project.