Detroit Lakes, Minnesota

January 4, 2005

The regular and annual meeting of the City Council was called to order in the Council Chambers of the City Administration Building at 5:00 P.M., Tuesday, January 4, 2005, 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 Richard Grabow; Assistant City Administrator Lynne Krieger; Finance Officer Louis Guzek; Community Development Director Larry Remmen; Public Utilities Superintendent Curt Punt; Street Commissioner Roy Estes; City Engineer Gary Nansen; Police Chief Kelvin Keena; Building Official Calvin Mayfield; Liquor Store Manager Bradley MacMaster and Fire Chief Jeffrey Swanson.

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

Absent: None.

After Assistant City Administrator Lynne Krieger administered the oath of office to Mayor Buboltz who was re-elected at the City Election held November 2, 2004, the Mayor administered the oath of office to Aldermen: James Anderson, Bruce Imholte, James Hannon, G.L. Tucker and Ron Zeman who were elected to their prospective offices at the City Election.

There being no corrections or additions to the minutes of the regular Council Meeting held December 7, 2004, and the minutes of a special City Council Meeting held December 14, 2004, the Mayor declared that they would stand approved according to copies of the 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 hear public comment and give consideration to proposed vacation of a portion of Oak Grove Avenue, the Mayor called the hearing to order at 5:05 P.M. There being no oral or written comments, Mayor Buboltz closed the hearing at 5:07 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, approving the vacation of a public right-of-way on Oak Grove Avenue described as follows:

That portion of Oak Grove Avenue between Blocks 37 and 38 or the plat of Original Townsite of Detroit (now Detroit Lakes) said plat is on file and of record at the Becker County Recorder’s Office. Said vacation is in Section 27, T139N, R41W of the 5th PM described as follows:

Beginning at the northeast corner of said Block 38, thence southerly, along the East line of said Block 38, 71.63 feet more or less to the northwest corner of a previous street vacation; thence easterly, along the northerly line of the said previous street vacation, 66 feet more or less to the West line of said block 37; thence north, along the said West line, 21.30 more or less to the current southeast intersection of Oak Grove Avenue and Grant Street; thence northwesterly, 83.00 feet more or less to the point of beginning said tract is 3,100 square feet more or less.

The motion for the adoption of the resolution was seconded by Alderman Aune. Community Development Director Larry Remmen made note that the resolution also provided a City easement across the vacated portion for utilities that are located there and for the future. The Mayor called the question and the motion for the adoption of the resolution carried unanimously.

Mayor Buboltz called to order a hearing at 5:07 P.M. to consider the matter of a reported nuisance at 206 East Central Street and 308 Davis Avenue. Building Official Calvin Mayfield advised the Council that there still is a motor home and boat at 206 East Central Street and about half of the debris had been cleaned up at 308 Davis Avenue. Gwen Stengl, property owner of 206 East Central Street and 308 Davis Avenue, appeared before the Council to inform the Council that her husband has had a stroke and she is also ill and they are unable to cleanup the property. She noted that some of the items are frozen to the ground and would be hard to remove at this time. After discussion by the Council on various ways the property could be cleaned up, the Mayor requested that Building Official Calvin Mayfield meet with Mr. and Mrs. Stengl to review what needs to be cleaned up and instructed Police Chief Kelvin Keena is the “Sentence to Serve Program could help cleanup the Stengl’s properties. By general consent, the hearing was carried over to the February Council Meeting.

Mayor Buboltz called to order a hearing at 5:15 P.M. to consider the matter of a reported nuisance at 1008 Madison Avenue. Building Official Calvin Mayfield advised the Council that the property had been cleaned up and the abatement of nuisance was not necessary. Mayor Buboltz then closed the hearing at 5:15 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, approving plans and specifications and authorizing the City Administrator to determine a bid opening date and advertise for bids for construction of storm sewer, sanitary sewer and street improvements to Lakebreeze Estates. The motion for the adoption of the resolution was seconded by Alderman Brenk and carried without a dissenting vote. The Mayor declared the resolution adopted.

Pursuant to the recommendation of the Street and Park Committee, a resolution was introduced by Alderman Imholte, who moved its adoption, approving the feasibility report and setting a public hearing for February 1, 2005, at 5:00 P.M. to hear comment on the proposed water, sewer and street improvements to Phase II of the Long Lake Area/Pettit Property. The motion for the adoption of the resolution was seconded by Alderman Tollefson. Upon the Mayor’s request, City Engineer Gary Nansen summarize-ed the proposed project. He informed the Council that the alignment of the watermain and sanitary sewer mains will be within the existing right-of-way but the installation of the watermain with the street section of Long Lake Road will require replacement of the existing road surface. He further noted that it was the Street and Park Committee’s recommendation that Long Lake Road be widen to a 32-foot street which includes a three-foot shoulder on each side of the road. He also advised that the Pettit Addition streets would be 37-foot wide, five ton residential urban design streets with curb and gutter and the estimated cost of the project was $3,061,500.00 of which $2,107,100.00 would be assessable. Mayor Buboltz then called the question and the motion for the adoption of the resolution carried unanimously.

Upon the recommendation of the Community Development Committee, a motion was made by Alderman Anderson, seconded by Alderman Brenk and carried, without a dissenting vote, introducing Ordinance No. 266, an ordinance amending the Zoning Ordinance relative to Planned Unit Developments for its second reading and adoption.

Pursuant to the recommendations of the Community Development Committee, a motion was made by Alderman Anderson, seconded by Alderman Heltemes and carried, without a dissenting vote, introducing for its second reading and adoption, Ordinance No. 267, an ordinance amending the Zoning Ordinance by setting the minimum lot size for two family dwellings in the “R-2” District at 12,000 square feet.

Upon the recommendation of the Community Development Committee, a motion was made by Alderman Aune, seconded by Alderman Brenk, to recommend that Becker County proceed with the adoption of an ordinance prohibiting motorized watercraft on St. Clair Lake. City Administrator Richard Grabow advised the Council that the Becker County Attorney has drafted a new ordinance because the DNR would not approve an ordinance that prohibited all watercraft on St. Clair Lake but would approve an ordinance prohibiting the use of motorized watercraft. Mayor Buboltz then called the question and the motion carried unanimously.

The Council acknowledged receipt of the 2004 ten-year building permit report. The Mayor noted that 2004 was the third highest year in the ten-year report in estimated construction values.

A motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting vote, that building permits for the month of December, 2004, in the estimated construction value of $1,319,519.00, be issued pursuant to their application 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 Street Commissioner Roy Estes obtaining quotes for a new or low-hour used motor grader, the only quote received was that of Sweeney Brothers Tractor Company, Fargo, North Dakota, in the amount of $168,604.00, for a new motor grader and $124,839.00, for a used grader. Upon the recommendation of the Street and Park Committee, a motion was made by Alderman Imholte, seconded by Alderman Tollefson and carried, without a dissenting vote, to accept the bid of Sweeney Brothers, Fargo, North Dakota, in the amount of $124,839.00, for a 2003 Valvo motor grader and authorization for the Street Commissioner to advertise the Street Department’s 1976 Galion motor grader for sale for a minimum bid of $8,000.00, and if unable to sell the grader, authorization to trade it in to Sweeney Brothers for $6,000.00.

Upon the recommendation of the Street and Park Committee, the Council, by general consent, deferred action on the request of the Sucker Creek Preserve Committee that $4,588.62 not be included in development costs for Sucker Creek Preserve.

Pursuant to the request of John Hoeglund and upon the recommendation of the Street and Park Committee, a motion was made by Alderman Tollefson, seconded by Alderman Imholte and carried, without a dissenting vote, to approve the request and open up the alley between Mountain View First Addition and Mountain View Second Addition.

Pursuant to the request of the Hospice of the Red River Valley and upon the recommendation of the Street and Park Committee, a motion was made by Alderman Tollefson, seconded by Alderman Heltemes and carried, without a dissenting vote, to deny the request of the Hospice of the Red River Valley to waive the Pavilion Rental Fee for their fund raising event on May 21, 2005.

Upon the recommendation of the Street and Park Committee, a motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting vote, to approve a one-day transient merchant’s license for T.A.P. Enterprises to sell tools at the American Legion January 23, 2005.

Pursuant to the recommendation of the Street and Park Committee, a motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting vote, to approve the issuance of a license to operate vehicles for hire for Lakes Taxi for 2005, pursuant to their application and $50.00 fee.

Upon the recommendation of the Street and Park Committee, a motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting vote, to approve the issuance of a solid waste hauler’s license to Metro Disposal, Inc., for 2005, pursuant to their application and $200.00 fee.

Upon the recommendation of the Finance Committee, a motion was made by Alderman Brenk, seconded by Alderman Imholte and carried, without a dissenting vote, authorizing the City to enter into an Employee Assistant Program Agreement with Lakeland Mental Health for 2005.

Pursuant to the recommendation of the Mayor, a motion was made by Alderman Brenk, seconded by Alderman Heltemes and carried, without a dissenting vote, appointing Aldermen Anderson, Brenk, Imholte and Tollefson and Mayor Buboltz to the Board of Equalization and setting a per diem for the Board of Equalization at $100.00 per alderman.

Upon the recommendation of the Mayor, a motion was made by Alderman Brenk, seconded by Alderman Imholte and carried, without a dissenting vote, authorizing the attendance of the Board of Equalization to the Local Board of Appeal and Equalization Training on March 15, 2003 in Detroit Lakes.

Upon the recommendation of the Finance Committee, a resolution was introduced by Alderman Brenk, who moved its adoption, authorizing the City Administrator to execute an agreement with the League of Minnesota Cities Insurance Trust selecting the 2005 Workers’ Compensation Retrospectively Rated Premium with a Retro-Rated Factor of .581%. 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.

Pursuant to the recommendation of the Finance Committee, a resolution was introduced by Alderman Brenk, who moved its adoption, to not waive the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. The motion for the adoption of the resolution was seconded by Alderman Heltemes and carried without a dissenting vote. Mayor Buboltz declared the resolution adopted.

Upon the recommendation of the Finance Committee, a motion was made by Alderman Brenk, seconded by Alderman Imholte and carried, without a dissenting vote, amending the City’s Special Assessment Policy, Section VII, Subdivision C changing the assessment amount from 75% of the cost to 50% of the cost of reconstructing a street.

The Council acknowledged receipt of a dividend from the League of Minnesota Cities, in the amount of $41,354.00, from the City’s general liability and property insurance.

Pursuant to the request of the Detroit Lakes Regional Chamber of Commerce and upon the recommendation of the Public Safety Committee, a motion was made by Alderman Heltemes, seconded by Alderman Tucker and carried, without a dissenting vote, approving their request to extend the hours of the Eagles Street Dance during the Street Faire in June from Midnight to 1:00 A.M.

Upon the recommendation of the Public Safety Committee, a motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting vote, approving the issuance of a pawnbroker’s license for Lakes Sport Shop for 2005, pursuant to their application and $120.00 fee.

Pursuant to the recommendation of the Public Safety Committee, a motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting vote, authorizing the attendance of Fire Chief Jeffrey Swanson to the Minnesota Chief’s Annual Board Meeting in St. Cloud on January 14-16, 2005.

Upon the request of Alderman Zeman, Police Chief Kelvin Keena advised the Council that the Police Department sends out a letter annually along with a copy of the Snowmobile Ordinance to local businesses, i.e. lodging facilities, snowmobile dealerships, convenience stores. He further informed the Council that typically his department receives about 25-30 complaints a year but this year they have received four complaints.

Upon the recommendation of Mayor Buboltz, a motion was made by Alderman Imholte, seconded by Alderman Aune and carried, without a dissenting vote, approving committee appointments for 2005 and 2006 as outlined in Mayor Buboltz’s letter to the Council dated December 14, 2004 and listed below.

Finance Committee: *Brenk, Anderson, Imholte, Tollefson

Public Utilities Committee: *Tollefson, Aune, Hannon, Zeman

Street and Park Committee: *Imholte, Hannon, Heltemes, Tollefson

Liquor/Gambling Control Comm. *Aune, Heltemes, Tucker, Zeman

Public Safety Committee: *Anderson, Aune, Brenk, Tucker

Community Development Comm. *Brenk, Berg, Hoeglund, Imholte

(Committee Chairs are marked with an asterisk)

Alderman Tollefson – Park Board Liaison

Alderman Zeman - Library Board Liaison

Aldermen Brenk and Anderson - Development Authority

Alderman Brenk – D.L. Housing and Redevelopment Authority Commission

Alderman Imholte – Sports Arena Commission Liaison

Alderman Aune - Detroit Lakes/Becker County Airport Commission Liaison

Alderman Tucker – Planning Commission Liaison

Alderman Hannon - Tourism Bureau Liaison

Alderman Anderson - Detroit Country Club Board of Directors Liaison

Alderman Heltemes - WACCO Board (Alderman Aune as alternate)

Aldermen Anderson and Imholte – Community Education/Recreation Board

Alderman Heltemes – Becker County Transit Board

Alderman Hannon – Becker County Food Pantry Board

Alderman Heltemes – Becker County Solid Waste Advisory Board

Mayor Buboltz - West Central Imitative Economic Development District

In accordance with the Home Rule Charter of the City of Detroit Lakes, Mayor Buboltz called for nominations for the Office of Vice Mayor for 2005. The name of Alderman Matt Brenk was submitted for consideration as Vice Mayor. The motion was made by Alderman Heltemes, seconded by Alderman Aune and carried, without a dissenting vote, that the nominations be closed and the City Administrator be instructed to cast an unanimous vote for Alderman Matt Brenk as Vice Mayor for the Year 2005.

Upon the recommendation of Mayor Buboltz, a motion was made by Alderman Tollefson, seconded by Alderman Heltemes and carried, without a dissenting vote, appointing Duane Wething to another three-year term on the Public Utilities Commission effective March 1, 2005.

Pursuant to the recommendation of the Mayor, a motion was made by Alderman Imholte, seconded by Alderman Heltemes and carried, without a dissenting vote, authorizing the attendance of Council and staff to the Coalition of Greater Minnesota Cities Annual Legislative Action Day on January 12, 2005, in St. Paul.

A motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting vote, authorizing the attendance of two attorneys from the City Attorney’s Office to the Annual City Attorney’s Meeting and Conference in Brooklyn Park on February 4-5, 2005.

A motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting vote, approving the issuance of the following plumbing licenses for the Year 2005, pursuant to their applications, compliance bonds and $25.00 fee:

Corley Benson dba Grant’s Mechanical

Cliff Langerud dba Heartland Plumbing, Inc.

James Voigt dba Laney’s Mechanical, Inc.

David Berdan dba J. Berd Mechanical Contractors, Inc.

Jerry F.A. Hanson dba H.O.L. Plumbing and Heating

Robin Hanson dba Hanson’s Plumbing and Heating

Thomas Hills dba Ellingson Plumbing, Heating & Air Conditioning

David Skarphol dba Manning Mechanical

Joseph Esser dba Esser Plumbing

Todd Srur dba G&T Plumbing and Heating, Inc.

John M. Bruhn dba Bruhm Plumbing Company, Vergas

Daniel Maloney dba Maloney’s Plumbing, Inc.

Dennis Mois dba Hank’s Heating

Gene Petermann dba Petermann Plumbing & Heating

Bob Kern, Sr. dba Bob Kern & Sons Plumbing

Merl L. Johnson dba Merl L. Johnson Plumbing

The motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting vote, approving the issuance of the following cigarette licenses for one year, pursuant to their application and $100.00 fee:

Northside Bar and Café, 521 Washington Avenue

Holiday Stationstore #72, 233 East Frazee Street

Shorewood Pub, 1745 Long Bridge Road

M & H Gas Station, 1157 Washington Avenue

Murphy Oil USA, Inc., 1557 Highway 10 West

Dahl’s Charhouse, 1218 Washington Avenue

A motion was made by Alderman Anderson, , 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 $3,910,988.57 as of December 31, 2004, be accepted, approved and placed on file.

Pursuant to the recommendation of the Finance Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, approving the payment of claims paid by proper authorization covering the period December 8, 2004, through January 4, 2005, in the amount of $4,210,692.47. 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 Anderson, seconded by Alderman Aune and carried, without a dissenting vote, that the County Court Report for November, 2004, Chief of Police Reports, Fire Chief’s Report, Liquor Store Manager’s Report, Blue Cross Blue Shield Health Insurance Report, parking violations report and Animal Control Report be approved and placed on file.

The motion was made by Alderman Brenk, seconded by Alderman Aune and carried, without a dissenting vote, authorizing the issuance of a cigarette license for one year to K-Mart, Highway 10 West, pursuant to their application and $100.00 fee.

The motion was made by Alderman Brenk, seconded by Alderman Aune and carried, without a dissenting vote, approving the issuance of solid waste licenses for 2005 for Waste Management, Inc. and Jon and Sons Disposal Service, pursuant to their application and $200.00 fee.

The motion was made by Alderman Brenk, seconded by Alderman Hannon and carried, without a dissenting vote, approving the issuance of the following plumbing licenses for 2005, pursuant to their application, compliance bond and $25.00 fee:

Michael R. Salonen dba R & R Plumbing and Heating

Dale Parr dba Home Heating, Air-Conditioning and Plumbing, Fargo

Mark Green dba Green’s Plumbing and Heating

Craig Kotte dba Kotte Plumbing and Heating

Clarence Bjelde, Bjelde Plumbing

Joe Glenz dba Glenz Plumbing

Gustav Weber dba Gus’s Plumbing

David Kahle dba Kahle Plumbing and Heating

Thomas Campbell dba Modern Plumbing and Heating

There being no further business to conduct, Mayor Buboltz, by general consent, adjourned the meeting. (6:15 P.M.)

Respectfully submitted,

Lynne Krieger

Asst. City Administrator