Detroit Lakes, Minnesota

                                                                                    January 6, 2004

 

            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 6, 2004, 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:            Brenk, Heltemes, Hoeglund, Imholte, Riewer and Tollefson.

 

            Absent:            Aldermen:            Anderson, Aune and Ness.

 

            Police Chief Kelvin Keena made a special presentation to Police Officers Eric Bergren and Gary Kuhn relative to their actions resulting in saving a man’s life on December 15, 2003.

 

            There being no corrections or additions to the minutes of the regular Council meeting held December 2, 2003, and a special City Council meeting held December 9, 2003, 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 twice in the official newspaper that a public hearing would be held to hear public comment on the proposed vacation of a 30-foot wide alley located between Lot 6 and Lot 7 of Nor-Lake Addition, Mayor Buboltz called the hearing to order at 5:05 P.M.  City Administrator Richard Grabow advised the Council that when the Nor-Lake Addition was annexed new roads were constructed and the alley no longer serves a public purpose.  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 Brenk, who moved its adoption, providing for the vacation of the 30 foot wide alley located between Lot 6 and Lot 7 of Nor-Lake Addition.  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.

 

            Pursuant to notice having been published in the official newspaper that a public hearing would be held to hear public comment on the proposed issuance of  Revenue Bonds in an amount not to exceed $200,000,000 under the Minnesota Municipal Industrial Development Act, to provide funds to finance the St. Mary’s Duluth Clinic Health System Project, Mayor Buboltz called the hearing to order at 5:07 P.M.  City Administrator Richard Grabow explained that these bonds would be used to finance health care projects in Duluth, Brainerd and Detroit Lakes.  He further explained that the project in Detroit Lakes would consist of acquisition and installation of certain equipment and capital improvements to the existing hospital facilities to St. Mary’s Regional Health Care Center including the construction by St. Mary’s of a two-story, approximately 50,000 square foot clinic expansion and medical/surgical, pediatrics unit and development of a new central supply and loading dock, private rooms, and a short stay nursing center and the renovation of a former retail facility at 603 Highway 10 East to provide a dialysis clinic.  He further explained that the issuance of these bonds will not obligate the City in any way.  Finance Officer Louis Guzek advised the Council that this will not affect the City when selling future bonds.  Upon inquiry, Finance Officer Louis Guzek explained that the total bond issue is $200,000,000.00 but the amount of the projects in Detroit Lakes is $20,000,000.  There being no further written or oral comments, the Mayor closed the hearing at 5:15 P.M. and reconvened the regular Council meeting.

 

Upon the recommendation of the Finance Committee, a resolution was introduced by Alderman Imholte, who moved its adoption, providing for the approval of the St. Mary’s Duluth Clinic Health System’s project, approving a joint powers agreement and approving the issuance of $200,000,000 Revenue Bonds.  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 notice having been published in the official newspaper that the Council would at this present meeting conduct a hearing for the purpose of hearing public comment on the issuance of an on-sale wine license and on-sale 3.2 malt liquor license to Sunflower Hill Coffee and Gift Company, 808 Washington Square Mall, for the period January 6, 2004, through December 31, 2004, Mayor Buboltz called the hearing to order at 5:15 P.M.  There being no written or oral comments, the Mayor closed the hearing at 5:16 P.M. and reconvened the regular Council meeting.

           

            Upon the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Heltemes, seconded by Alderman Brenk and carried, without a dissenting vote, approving the issuance of an on-sale wine license and on-sale 3.2 malt liquor license to Sunflower Hill Coffee and Gift Company for the period January 6, 2004, through December 31, 2004.

 

Mayor Buboltz called to order a hearing at 5:17 P.M. to consider the matter of a reported nuisance at 404, 412 and 415 Rossman Avenue.  Building Official Calvin Mayfield advised the Council that the property owner has not cleaned up the property.  There being no further comments, Mayor Buboltz closed the hearing at 5:18 P.M. and reconvened the regular Council meeting.  A motion was made by Alderman Brenk, seconded by Alderman Heltemes and carried, without a dissenting vote, that the City Council finds that a nuisance exists in violation of City Code Chapter 901 at the property location set forth above due to the accumulation of shopping carts, used tires, water heaters, mattresses, wood pallets, pick-up camper, metal cabinets, pick-up topper, plywood, trailer, pick-up box, household garbage, vehicle parts, unlicensed and unusable vehicles, bird cage, enclosed trailer and flat bed trailer, that the nuisance was not terminated or abated by the property owner after notice and order to do so duly given by the City; that the City shall abate the nuisance at 404, 412 and 415 Rossman Avenue.

 

            Upon the recommendation of the Finance Committee, a resolution was introduced by Alderman Imholte, who moved its adoption, awarding the sale of $1,085,000 General Obligation Improvement Refunding Bonds, Series 2004A to Miller Johnson Steichen Kinnard, Inc.,  at an interest rate of 2.7930%.  The motion for the adoption of the resolution was seconded by Alderman Heltemes.  John Sander, Springstead, Inc. Financial Advisors, appeared before the Council advising that with this interest rate the City’s net present savings would be $85,146.94.   After discussion on bond ratings, Mayor Buboltz called the question and the motion carried unanimously.

 

            Pursuant to the recommendation of the Street and Park Committee, a resolution was introduced by Alderman Heltemes, who moved its adoption, accepting the feasibility study and ordering plans and specifications for construction of storm sewer and street improvements to Timber Creek Third Addition Phase I pursuant to payment of 4% of the prepaid assessments.  The motion for the adoption of the resolution was seconded by Alderman Tollefson and carried without a dissenting vote.  Mayor Buboltz declared the resolution adopted.

 

            Upon the recommendation of the Street and Park Committee, a motion was made by Alderman Heltemes, seconded by Alderman Tollefson and carried, without a dissenting vote, accepting the proposal of Midwest Testing Laboratories, Inc., in the amount of $6,000.00, and authorizing execution of an agreement with Midwest Testing Laboratory, Inc., for soil information on Lake Avenue and Pleasant Acres

 

            Upon the recommendation of the Street and Park Committee, a resolution was introduced by Alderman Heltemes, who moved its adoption, authorizing execution of a Master Partnership Agreement with the Minnesota Department of Transportation for miscellaneous services.  The motion for the adoption of the resolution was seconded by Alderman Tollefson and carried without a dissenting vote.  The Mayor declared the resolution adopted.

 

            Mayor Buboltz informed the audience that Waste Management of Detroit Lakes and Jon and Sons Disposal Service LLC will be conducting the City Annual Christmas Tree Pickup the week of January 12-16, 2004, at no cost to their customers.

 

Alderman Heltemes, Chairman of the Street and Park Committee, informed the Council that the Detroit Lakes Community Education Office received a $1,200.00 grant from the Detroit Lakes Area Community Fund for Summer Recreation 2004 salaries allowing the extension of the Summer Recreation Program.  Alderman Heltemes stressed the fact that, in times of tight budget, there are ways that area fund raisers can help the City.

 

            Upon the recommendation of the Street and Park Committee, a motion was made by Alderman Imholte, seconded by Alderman Riewer and carried, without a dissenting vote, approving a one-day transient merchant’s license to Homier Distributing Company allowing them to sell tools, furniture, etc. at the National Guard Armory on April 24, 2004.

 

            Pursuant to the recommendation of the Street and Park Committee, a motion was made by Alderman Imholte, seconded by Alderman Riewer and carried, without a dissenting vote, approving the issuance of a license to operate vehicles for hire for Lakes Taxi for 2004.

 

            Upon the recommendation of the Street and Park Committee, a motion was made by Alderman Imholte, seconded by Alderman Riewer and carried, without a dissenting vote, approving the issuance of solid waste hauler’s licenses to Waste Management of Detroit Lakes, Metro Disposal, Inc., and Jon & Sons Disposal Service LLC for 2004.

             

            Upon the recommendation of the Finance Committee, a motion was made by Alderman Heltemese seconded by Alderman Imholte and carried, without a dissenting vote, accepting the work and authorizing final payment to Backhoe Services, Inc., in the amount of $26,886.29, for the 2003 Street and Underground Utilities Improvement Project for Timber Creek, Phase 2.

 

            Pursuant to the recommendation of the Finance Committee, a motion was made by Alderman Heltemes, seconded by Alderman Imholte and carried, without a dissenting vote, accepting the work and authorizing final payment to Feldt Plumbing and Heating, in the amount of $19,521.21, for the 2002 Street and Underground Utility Improvement Project for North Towne Acres.

 

Upon the recommendation of the Finance Committee, a motion was made by Alderman Hoeglund, seconded by Alderman Heltemes and carried, without a dissenting vote, approving Change Order No. 1 to the Six Unit Hangar Facility and Site Preparation Project at the Detroit Lakes Airport adding two automatic door openers and master key locks in the amount of $843.10.

 

Pursuant to the recommendation of the Finance Committee, a motion was made by Alderman Hoeglund, seconded by Alderman Imholte and carried, without a dissenting vote, authorizing the City to enter into an Employee Assistance Program Agreement with Lakeland Mental Health for 2004.

 

Upon the recommendation of the Finance Committee, a resolution was introduced by Alderman Hoeglund, who moved its adoption, authorizing the City Administrator to execute an agreement with the League of Minnesota Cities Insurance Trust selecting the 2004 Workers’ Compensation Retrospectively Rated Premium.  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 advertisement for bids for a 1987 or newer 100’ LTI Platform Ladder Truck, the only bid received was from Professional Coach and Equipment, Ltd, Wichita, Kansas.  Upon the recommendation of the Public Safety Committee, a motion was made by Alderman Imholte, seconded by Alderman Heltemes and carried, without a dissenting vote, accepting the bid of Professional Coach and Equipment, Ltd, in the amount of $189,500.00 for a 1987 100’ LTI Platform Ladder truck, approving the alternative to paint the vehicle not to exceed $12,000.00 and plus pickup and delivery expenses not to exceed $1,000.00.

 

Upon the recommendation of the Public Safety Committee, a motion was made by Alderman Imholte, seconded by Alderman Riewer and carried, without a dissenting vote, authorizing the Police Department to sell a 1988 Buick forfeiture vehicle.

 

            Pursuant to the recommendation of the Public Safety Committee, a motion was made by Alderman Imholte, seconded by Alderman Hoeglund and carried, without a dissenting vote, authorizing the advertising for sale of five rings in the custody of the Police Department.

 

            Alderman Imholte informed the Council that after the ISO, the leading supplier of statistical, underwriting, and actuarial information for the property/casualty insurance industry completed the Public Protection Classification Survey, the City of Detroit Lakes received a classification of 7/10, an improvement from the former classification of 4/9.  

 

Upon the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Imholte, seconded by Alderman Riewer and carried, without a dissenting vote, approving a gambling application for DL Blades for a raffle at the Freeman Arena on March 12, 2004.

 

Pursuant to the recommendation of the Public Utilities Committee, a motion was made by Alderman Tollefson, seconded by Alderman Riewer and carried, without a dissenting vote, providing for approval to proceed with advertising for bids for Jet Turbine Control System Retrofit with bid opening to be set for 2:00 P.M., January 28, 2004.

 

Upon the recommendation of the Public Utilities Committee, a motion was made by Alderman Tollefson, seconded by Alderman Riewer and carried, without a dissenting vote, approving Change Order No. 1 to the Electric Distribution Improvements Contract with Ernst Trenching, Inc., in the amount of $26,960.00, for extra depth manhole, extra depth ductwork and rerouting of ductwork.

 

Pursuant to the recommendation of the Public Utilities Committee, a motion was made by Alderman Tollefson, seconded by Alderman Riewer and carried, without a dissenting vote, providing for approval to proceed with advertisement for bids for purchase of a water/wastewater, storm sewer and sports arena SCADA Alarm System with bid opening to be set for 11:00 A.M., January 28, 2004.

 

Pursuant to the resignation of Lynn Hummel on the Detroit Lakes Development Authority, and the recommendation of the Mayor, a motion was made by Alderman Hoeglund, seconded by Alderman Heltemes and carried, without a dissenting vote, appointing Tim Olson to the Detroit Lakes Development Authority to complete the Mr. Hummel’s term which expires August 5, 2007.

 

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 2004.  The name of Alderman Matt Brenk was submitted for consideration as Vice Mayor.  The motion was made by Alderman Heltemes, seconded by Alderman Imholte 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 2004.

 

            Upon the recommendation of the Mayor, a motion was made by Alderman Riewer, seconded by Alderman Imholte and carried, without a dissenting vote, appointing Alderman Heltemes to the Western Area City County Cooperative Board of Directors and Alderman Tollefson as the alternate for 2004.

 

Upon the recommendation of the Mayor, a motion was made by Alderman Imholte, seconded by Alderman Tollefson and carried, without a dissenting vote, to nominate Alderman Leonard Heltemes to be the Big City representative on the West Central Transportation Alliance Board.

 

A motion was made by Alderman Imholte, seconded by Alderman Riewer and carried, without a dissenting vote, approving the issuance of the following plumbing licenses for the Year 2004, pursuant to their applications, compliance bonds and $25.00 fee:

            Dennis Mois dba Hank’s Plumbing

            Craig Kotte dba Kotte Plumbing and Heating, Pelican Rapids

            John M. Bruhn dba Bruhn Plumbing Company, Vergas

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

            Gene Petermann dba Petermann Plumbing and Heating, West Fargo

            David Skarphol dba Manning Mechanical, Fargo

            Cliff Langerud dba Heartland Plumbing, Inc., Fargo

            Joe Glenz dba Glenz Plumbing

            Mark T. Green dba Green’s Plumbing & Heating

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

            Donald Puhalla dba Quantum Associates, Inc., Fargo

            Robin Hanson dba Hanson’s Plumbing and Heating, Vergas

            Merl L. Johnson dba Merl L. Johnson Plumbing

            Robert Gibb and Sons, Inc.

            David Berdan dba J. Berd Mechanical Contractor, Inc., St. Cloud

            David L. Kahle dba Kahle Plumbing and Heating

            Rick Sonnenberg dba Sonnenberg Plumbing and Heating, Vergas

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

            Corley Benson dba Grant’s Mechanical, Fargo

            Greg Wokasch dba Wokasch Plumbing, Frazee

            Jim Voight dba Laney’s

            Joseph Esser dba Esser Plumbing, Perham

            Michael R. Salonen dba R & R Plumbing and Heating, Glenwood

 

            A motion was made by Alderman Imholte, seconded by Alderman Riewer and carried, without a dissenting vote, approving the issuance of cigarette licenses for one year to Murphy’s USA #6656 and Holiday Stationstore #72, pursuant to their application and $100.00 fee.

                                                           

A motion was made by Alderman Imholte, seconded by Alderman Riewer and carried, without a dissenting vote, that building permits for the month of December,  2003, in the estimated construction value of $1,477,462.54, 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.

A motion was made by Alderman Imholte, seconded by Alderman Riewer 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 $5,946,748.13 as of December 31, 2003, be accepted, approved and placed on file.

Pursuant to the recommendation of the Finance Committee, a resolution was introduced by Alderman Imholte, who moved its adoption, approving the payment of claims paid by proper authorization covering the period December 2, 2003, through January 6, 2004, in the amount of $4,618,559.10

.  The motion for the adoption of the resolution was seconded by Alderman Riewer and carried without a dissenting vote.  The Mayor declared the resolution adopted.

The motion was made by Alderman Imholte, seconded by Alderman Riewer and carried, without a dissenting vote, that the County Court Report for November, 2003, 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 Heltemes and carried, without a dissenting vote, authorizing the issuance of a cigarette license for one year to D. Dahl’s Charhouse, pursuant to their application and $100.00 fee.

 

The motion was made by Alderman Brenk, seconded by Alderman Hetlemes and carried, without a dissenting vote, approving the issuance of plumbing licenses for 2004 to Harold Askelson dba Askelson Plumbing and Gus Weber dba Gus’s Plumbing and Heating, pursuant to their applications, compliance bond and $25.00 fee.

 

Eric Margolis appeared before the Council and informed them that the Lion’s Club donated $5,000.00 for placement of sirens in the City,

 

There being no further business to conduct, Mayor Buboltz, by general consent, adjourned the meeting.  (6:00 P.M.)

 

                                                            Respectfully submitted,

 

 

 

                                                            Lynne Krieger

                                                            Asst. City Administrator