Government/Minutes

Detroit Lakes, Minnesota

January 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, January 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; Public Works Director Bradley Green; Public Utilities Superintendent Curt Punt; 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 and Zeman.

Absent: Alderman Tollefson.

There being no corrections or additions to the minutes of the regular Council Meeting held December 11, 2007, the Mayor declared that they would stand approved according to copies of same sent to each member of the Council.

Mayor Buboltz called to order the continued hearing from the December 11, 2007, Council Meeting at 5:05 P.M. to consider the matter of a reported nuisance at 1104 Wilson Avenue. Chief of Police Kelvin Keena informed the Council that the motor vehicle seat, tires, fencing, windows, cooler and two recliners were removed. He showed various pictures of the property to the Council. Upon Alderman Brenk’s inquiry, Police Chief Kelvin Keena advised that the property owner doesn’t have adequate indoor storage and therefore some of the items is stored outside but stored in the back yard. Discussion was held on what progress the property owner has made. There being no further comments, Mayor Buboltz then closed the hearing at 5:14 P.M. Upon the recommendation of the Community Development Committee, a motion was made by Alderman Anderson, seconded by Alderman Hannon and carried, without a dissenting vote, finding that the nuisance has been cleaned up by the property owner at 1104 Wilson Avenue, but directed City staff to monitor the property in April/May. Alderman Zeman stressed that this property does need to be monitored. Mayor Buboltz then called the question and the motion carried unanimously.

Mayor Buboltz called to order the continued hearing from December 11, 2007, Council Meeting at 5:15 P.M. to consider the matter of a reported nuisance at 1106 Wilson Avenue. Building Official Calvin Mayfield informed the Council that the duct work has been removed. Police Chief Kelvin Keena showed various pictures of the property. It was stated that the older truck in the back yard cannot be removed until the snow is gone. Val Eliasson, 1106 Wilson Avenue, appeared before the Council advising that the van does run and some items were brought up from the basement to make room for the duct work. There being no further comments, Mayor Buboltz closed the hearing at 5:26 P.M. Upon the recommendation of the Community Development Committee, a motion was made by Alderman Zeman, seconded by Alderman Aune and carried, without a dissenting vote, finding that the nuisance has been cleaned up by the property owner of 1106 Wilson Avenue, but directed City staff to monitor the property around April/May.

Pursuant to notice having been published in the official newspaper that the City Council, this date, would hear public comment and give consideration to the proposed vacation of utility easements in Block 4, Lake Breeze Estates, Mayor Buboltz called to order the hearing at 5:26 P.M. There being no comments, the Mayor closed the hearing at 5:26 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, to vacate the utility easements in Block 4, Lake Breeze Estates. The motion for the adoption of the resolution was seconded by Alderman Tucker and carried without a dissenting vote. The Mayor declared the resolution adopted.

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 resolution was introduced by Alderman Brenk, who moved its adoption, approving the final plat of re-plat of Lake Breeze Estates. The motion for the adoption of the resolution was seconded by Alderman Aune and carried without a dissenting vote. Mayor Buboltz declared the resolution adopted.

Pursuant to the request of Bob Bristlin 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, authorizing a feasibility study to determine costs and design of a second outlet street in the Pelican River Heights Development. Alderman Zeman expressed concern about this road generating truck traffic in an R-1 Residential Area. City Administrator Robert Louiseau noted that a letter was received from Fire Chief Jeffrey Swanson expressing safety concerns about having only one outlet into the Pelican River Heights area. Alderman Heltemes raised the issue of cost. Alderman Hannon opposed opening up the dedicated road that runs along Broadway. Alderman Imholte spoke in favor of this second outlet for safety reasons. Fire Chief Jeffrey Swanson suggested that the road be designated as low tonnage or no-truck traffic. City Engineer Gary Nansen agreed that the area through the Stonebrook Development and Broadway are residential streets and they are not designed for trucks to use them. After further discussion, Mayor Buboltz called the question and the following votes was recorded: Ayes: Anderson, Aune, Brenk, Imholte and Tucker; Nays: Heltemes, Hannon and Zeman. The Mayor declared the motion carried.

Upon the recommendation of the Community Development Committee, a motion was made by Alderman Aune, seconded by Alderman Hannon and carried, without a dissenting vote, authorizing the attendance of Building Official Jean Livingood to the 2007 ICC Upper Great Plains Region III Educational Institute in Minneapolis on February 3-6, 2008.

The City Council acknowledged receipt of the Community Development Department 2007 Annual Report.

Upon the recommendation of the Public Works Committee, a motion was made by Alderman Imholte, seconded by Alderman Heltemes and carried, without a dissenting vote, authorizing the Public Utilities Department to proceed with a lighting plan along Highway 10 and the frontage road, from Roosevelt Avenue going East to County Road 54.

Upon the recommendation of the Public Works Committee, a motion was made by Alderman Hannon, seconded by Alderman Imholte and carried, without a dissenting vote, approving issuance of a permit allowing five dogs at 1619 Long Bridge Road for 2008.

Pursuant to the recommendation of the Public Works Committee, a motion was made by Alderman Aune, seconded by Alderman Hannon and carried, without a dissenting vote, approving the issuance of solid waste hauler’s licenses to Metro Disposal, Inc., Detroit Lakes Disposal Service and Beverage Wholesalers, Inc., dba Minnkota Recylcing for 2008.

Upon the recommendation of the Public Works Committee, a motion was made by Alderman Aune, seconded by Alderman Hannon and carried, without a dissenting vote, approving the issuance of fertilizer licenses to Luxury Landscaping and Lawn Care, R.U. Ready Lawn Care and Peplawn for 2008.

Pursuant to the recommendation of the Finance Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, ordering the extension of City sewer and water to the Berean Baptist Church property on State Highway 34 east of Pelican Lane and the preparation of plans and specifications for said project. 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.

Pursuant to the request of the Holmes Center, Inc. and upon the recommendation of the Finance Committee, a motion was made by Alderman Anderson, seconded by Alderman Heltemes and carried, without a dissenting vote, to approve the installation of ultra violet treatment systems for both the pools and spa at the Detroit Lakes Community and Cultural Center in the approximate amount of $53,700.00. Alderman Zeman noted that the Holmes Center, Inc., will be paying for the systems.

Upon the recommendation of the Finance Committee, a motion was made by Alderman Anderson, seconded by Alderman Hannon and carried, without a dissenting vote, to not enter into a membership contract with WACCO for 2008.

Pursuant to the recommendation of the Finance Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, authorizing the execution of an agreement concerning the 2008 Worker’s Compensation Retrospectively Rated Premium with the League of Minnesota Cities Insurance Trust. The motion for the adoption of the resolution was seconded by Alderman Aune and carried without a dissenting vote. Mayor Buboltz declared the resolution adopted.

Upon the recommendation of the Finance Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, to not waive momentary limits on municipal tort liability established by Minnesota Statutes 466.04. The motion for the adoption of the resolution was seconded by Alderman Hannon 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 Anderson, seconded by Alderman Aune and carried, without a dissenting vote, authorizing City staff to discuss with Becker County the option of issuing a change order to Becker County’s boiler bid, such engineer costs for this change order to be paid by the City if reasonable.

Pursuant to the recommendation of the Finance Committee, a motion was made by Alderman Anderson, seconded by Alderman Imholte and carried, without a dissenting vote, to join the Coalition of Greater Minnesota Cities Labor Employer Relations Committee in the amount of $1,885.00.

Upon the recommendation of the Finance Committee, a motion was made by Alderman Aune, seconded by Alderman Hannon and carried, without a dissenting vote, authorizing two attorneys from the City Attorney’s Office to attend the annual Minnesota City Attorney’s Educational Conference and Annual Meeting in Brooklyn Park on February 1-2, 2008.

Pursuant to the recommendation of the Public Safety Committee, a motion was made by Alderman Aune, seconded by Alderman Hannon and carried, without a dissenting vote, approving the disposal of five long guns, originally held by the Police Department as evidence. The Council was advised by Police Chief Kelvin Keena that these guns cannot be returned to their owners as a result of Court Directive and will no long be needed as evidence in criminal cases.

Upon the recommendation of the Public Safety Committee, a motion was made by Alderman Aune, seconded by Alderman Hannon and carried, without a dissenting vote, approving the issuance of a pawn broker’s license for Lakes Sport Shop for 2008.

Pursuant to the recommendation of the Public Utilities Commission, a motion was made by Alderman Brenk, seconded by Alderman Anderson and carried, without a dissenting vote, approving Change Order No. G-2 to the contract with Tradesman Construction, Inc. for an added cost of $2,200.00 to install additional storm water rip rap checks as required by the Pelican River Watershed 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 2008. The name of Alderman Matt Brenk was submitted for consideration as Vice Mayor. The motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting vote, that the nominations be closed and the City Administrator be instructed to cast a unanimous vote for Alderman Matt Brenk as Vice Mayor for the Year 2008.

A motion was made by Alderman Aune, seconded by Alderman Hannon and carried, without a dissenting vote, approving the following plumbing applications for 2008:

Dennis Mois, dba Hank’s Heating

Randy Torma dba T & T Plumbing and Heating, Menahga

Michael Prochnow dba Agassiz Mechanical, Inc., Fargo

Thomas Campbell dba Campbell Plumbing, Inc.

David Berdan dba J-Berd Mechanical Contractors, Inc.

A motion was made by Alderman Aune, seconded by Alderman Hannon and carried, without a dissenting vote, approving the issuance of a cigarette license for one year to Murphy USA #6656 pursuant to their application and $100.00 fee.

A motion was made by Alderman Aune, seconded by Alderman Hannon and carried, without a dissenting vote, approving the issuance of a vehicle for hire license to D.L. Taxi for 2008, pursuant to their fee.

A motion was made by Alderman Aune, seconded by Alderman Hannon and carried, without a dissenting vote, approving solid waste hauler licenses to Jon & Son Disposal and Waste Management for 2008.

A motion was made by Alderman Aune, seconded by Alderman Hannon 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 $4,848,330.81 as of December 31, 2007, 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 December 12, 2007, through January 8, 2008, in the amount of $3,561,834.69. The motion for the adoption of the resolution was seconded by Alderman Hannon and carried without a dissenting vote. The Mayor declared the resolution adopted.

The motion was made by Alderman Aune, seconded by Alderman Hannon and carried, without a dissenting vote, that the County Court Report for November, 2007, Chief of Police Reports, Fire Chief's Report, Liquor Store Manager's Report, Animal Control Report and parking violations report be approved and placed on file.

A motion was made by Alderman Aune, seconded by Alderman Hannon and carried, without a dissenting vote, approving the issuance of a vehicle for hire license to Becker County Transit for 2008, pursuant to their fee.

A motion was made by Alderman Brenk, seconded by Alderman Zeman and carried, without a dissenting vote, approving plumbing licenses TimUlvin dba Ulvin Plumbing, Park Rapids, for 2008, pursuant to their application, compliance bond and $25.00 fee.

A motion was made by Alderman Anderson, seconded by Alderman Hannon and carried, without a dissenting vote, accepting the work and authorizing final payment, in the amount of $37,782.46, for the street and utility improvements on Wenner and Airport Roads, Phase 2.

A motion was made by Alderman Anderson, seconded by Alderman Brenk and carried, without a dissenting vote, to change the time and date of the regular Community Development Committee Meetings to the Thursday before City Council at 3:30 P.M. and the regular Public Works Committee Meeting to the Monday before City Council at 2:30 P.M.

Mayor Buboltz addressed the Council, staff and audience noting that the City of Detroit Lakes had a good audit and also, due to another independent audit conducted by a bonding firm, received a AA Rating which he said is a real credit to the City of Detroit Lakes. He thanked retired City Administrator Richard Grabow and Finance Officer Louis Guzek for all their hard work. He also thanked City Administrator Robert Louiseau and Public Works Director Brad Green for not missing a beat when taking over their new positions. He thanked the great City staff for carrying out the policies set by the Council. He complimented Hoffman Construction and their subcontractors, along with MnDOT for the tremendous work they did on the Highway 10 Relocation Project, which was one of the largest local road projects in the City’s history, and for the cooperation they showed to the City. He stressed that all the projects took a lot of effort on the part of the Public Utilities Department, the Public Works Department and the Police Department. He thanked all these departments. He stressed that businesses in Detroit Lakes continues to grow and prosper and listed examples:

1) 1) Retail out in the western area of the City (Highway 10 West) is having great growth and stated Menards opening brought more business and traffic;

2) 2) Downtown area continues to do well and looks for continued growth in the future with the Gateway Project;

3) The City’s Industrial area has more businesses and current businesses continue to grow;

4) A new Industrial Park is planned on Tower Road;

5) Building permits were the largest number the City has ever had in their history (683) for a construction value of $50,912.854.00;

5) 53 building permits were issued for new homes;

7) 6) There was $13.5 million of housing growth which include single and multi-family residential; and

7) There were 104 permits for commercial repairs and additions which amounted to $33 million.

He thanked past and present Councils for creating this atmosphere of growth and progress in the City. He stressed that creating an atmosphere of growth and progress and creating an atmosphere that Detroit Lakes is not only a good place to live but a good place to do business is very important. He stressed that growth should not be limited or impeded and the Council needs to retain a positive attitude

He expressed that he looks forward to receiving the RDG Consultant’s Report relative to the Gateway District, the downtown area and the feasibility report that will be completed on the Conference Center. He stressed that one of the most important things for next year is to continue working with the Legislature on restoring LGA to the City. Another was the bonding issue for the bike trail, from Park Rapids to Detroit Lakes and the Convention Center. He asked that the Development Authority take a look at economic development for North Washington Avenue. He also talked about the City being selected as one of the Capital for a Day cities and stressed and that July will be Detroit Lakes’ special month for this event. He advised that he has established a Task Force for planning this event and invited anyone interested to the next meeting which is January 29, 2008, at 3:00 P.M. Mayor Buboltz again reiterated his goal to continue to promote an atmosphere of growth, progress and a dynamic community. He again thanked the City staff and the Advisory Committee members. He thanked the Council and said he looks forward to working together as a team to promote good government and the progressive, growing and dynamic community of Detroit Lakes.

There being no further business to conduct, by general consent, the Mayor adjourned the meeting (6:20 P.M.)

Respectfully submitted,

Lynne Krieger

Asst. City Administrator