Detroit Lakes, Minnesota

                                                                                    January 9, 2007

            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 9, 2007, all members of the Council having been duly notified of the meting and the business to be transacted.

            Present:            Mayor Larry G. Buboltz; Charles Ramstad, representing the City Attorney’s Office; City Administrator Richard Grabow; Assistant City Administrator Lynne Krieger; Finance Officer Louis Guzek; Community Development Director Larry Remmen; 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, Tollefson and Zeman.

            Absent:             Alderman Tucker and City Attorney William Briggs.

            There being no corrections or additions to the minutes of the regular Council Meeting held December, 12, 2006, the Mayor declared that they would stand approved according to copies of 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 the proposed street and utility improvements to a portion of Rossman Avenue, Summit Avenue, North Shore Drive, 11^th Avenue, State Street and Lincoln Avenue (MSA Streets), the Mayor called the hearing to order at 5:02 P.M.  City Engineer Gary Nansen summarized the proposed project which consists of mill and overlay on 11^th Avenue, North Shore Drive and Summit Avenue and street surfacing, subgrade and aggregate base, curb and gutter, sidewalk and underground utilities, as required, on Rossman Avenue, North Shore Dive and State Street.  Mr. Nansen also advised that these streets will be financed through City funds, Municipal State Aid and special assessments and the total estimated cost would be $1,240,900.00 for street reconstruction and $205,800.00 for mill and overlay, of which $514,400.00 would be assessable.  There being no oral or written comments, Mayor Buboltz closed the hearing t 521 P.M. and reconvened the regular Council Meeting. 

            Upon the recommendation of the Street and Park Committee, a resolution was introduced by Alderman Imholte, who moved its adoption, ordering street and utility improvements and preparation of plans and specifications for the following streets:

            Bituminous Mill and Overlay

1)                  Summit Avenue, from Willow Street to West Lake Drive

2)                  North Shore Drive, from Washington Avenue to Lyndale Avenue;

3)                  11^th Avenue, from 8^th Street to Trunk Highway 34; and

4)                  Lincoln Avenue, from Willow Street to Langford Street.

Street, Water and Sewer Reconstruction:

1)                  Rossman Avenue, from Willow Street to West Lake Drive;

2)                  Rossman Avenue, from Main Street to Holmes Street;

3)                  State Street, from Summit Avenue to Lake Avenue; and

4)                  North Shore Drive, from Lyndale Avenue to Roosevelt Avenue.

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.

            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 property tax abatements for the Lucky Dog Boarding and Training Center, LLC Project, Mayor Buboltz called the hearing to order at 5:24 P.M..  Community Development Director Larry Remmen advised the Council this tax abatement is for a 15-year period not to exceed $117,000.00 for a 9,500 square foot animal boarding and training facility.  Upon inquiry, Community Development Director Larry Remmen said that Lucky Dog Boarding was not eligible for TIF.  There being no further comments, Mayor Buboltz closed the hearing at 5:25 P.M.

            Upon the recommendation of the Community Development Committee, a resolution was introduced by Alderman Brenk, who moved its adoption, approving the property tax abatements for Lucky Dog Boarding and Training Center, LLC Project.  The motion for the adoption of the resolution was seconded by Alderman Anderson and carried.  The Mayor declared the resolution adopted.

            Sally Hausken gave a follow-up report on the Sucker Creek Open House and thanked the City Council for approving a $20,000.00 transfer from the Park Dedication Fund for a bog walk at Sucker Creek.  Alderman Hannon directed City Staff to officially recognize Sally Hausken with a plaque for her work on Sucker Creek.

            Shannon Smith, Project Engineer, Short Elliot and Hendrickson, advised the Council that Detroit Lakes was designated by the MPCA in 2005 as one of the cities that is required to comply with the Municipal Separate Storm Sewer Systems portion of the NPDES permit.  She informed the Council that Detroit Lakes was designated because of the Sucker Creek trout stream which flows through a portion of the City.  After she gave a brief overview of the MS4 permit and permit requirements, a motion was made by Alderman Hannon, seconded by Alderman Imholte and carried, without a dissenting vote, approving an NPDES General Storm Water Permit for the City of Detroit Lakes.

            After Mayor Buboltz presented a proposal for a Community Strategies Committee and upon the recommendation of the Mayor, a motion was made by Alderman Hannon, seconded by Alderman Aune and carried, without a dissenting vote, establishing a Community Strategies Committee and appointing Cyndi Anderson, Mary Beth Gilsdorf, Jeff Stowman, Pat Lindquist Scott Mehlaff, Deb Wimmer, Jeff Boehm and Joyce Campbell as initial members to the Committee and Bruce Imholte and Jim Anderson as City Council members to serve on the Committee.

            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 Tollefson and carried, without a dissenting, to give preliminary approval to a Planned Unit Development (PUD) of seven twin homes on Long Lake, north of Ridgewood Estates subject to the following conditions:

             1)        That the private drive be hard surfaced and at least 24 feet wide with a  turn around at the end approved by the City;

             2)        That the Developer obtains preliminary and final plat approval prior to issuance of any building permits;

             3)        That the final plat provides all of the required utility easements;

             4)        That the Developer obtain any required Pelican River Watershed District Permits;

             5)        That the Developer pays $43,200.00 in lieu of park dedication or enter into an agreement to pay the fee in lieu of park dedication;

             6)        That fire hydrants be located every 600 feet or as determined by the Fire Chief;

             7)        That the impervious surface not exceed twenty five percent;

             8)        That no building shall be closer than 30 feet to periphery of the site;

             9)        The Property Owner’s Association documents require mandatory membership;

            10)       The Property Owner’s Association documents or other deed restrictions provide for the preservation of 50% or more of the area as open space;

            11)       Connection to City sewer and water is required;

            12)       A common docking facility with up to 14 slips is allowed in approximately the area shown on the plan;

            13)       That the Developer provides a trail easement at least 20 feet wide along the private drive and extending north to the northerly lot line           

            Upon the recommendation of the Community Development Committee, a resolution was introduced by Alderman Brenk, who moved its adoption, approving the updated feasibility report for water and sewer at 25130 and 15857 U.S. Highway 59 South.  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.

            Pursuant to the request of Paul Renner, Lake Country Developers, for a three-year additional deferment on four parcels in Timber Creek and 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 deny the request.

             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 Tollefson and carried, without a dissenting vote, approving the preliminary plat of White Clover Beach Second Addition, subject to the following conditions:

1)                  That the owner provides all of the necessary utility and road easements on the plat;

2)                  That the owner pays $6,000.00 in lieu of park dedication; and

3)                  That the owner obtain any required Pelican River Watershed District Permit.

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 approve a 60-Day Rule Procedures Policy for zonings where a permit, license or other approval of a proposed action is required.

Pursuant to the recommendation of the Community Development Committee, a motion was made by Alderman Brenk, seconded by Alderman Hannon and carried, without a dissenting vote, introducing, for its first reading, an ordinance amending the Zoning Ordinance to enlarge the area required for notification to 700 feet.

Upon the recommendation of the Street and Park Committee, a resolution was introduced by Alderman Hannon, who moved its adoption, approving plans and specifications and authorizing calling for bids on mill and overlay of the following streets, such bids to be opened on February 20, 2007, at 2:00 P.M.

1)                  Streets in Oak Hills Addition;

2)                  Grant Street;

3)                  Robert Street;

4)                  Langford Street, from Lincoln Avenue to Roosevelt Avenue;

5)                  Lincoln Avenue, from Willow Street to Langford Street;

6)                  Lyndale Avenue, from Langford Street to Robert Street;

7)                  Hawthorne Street;

8)                  Lori Avenue, staring from Pembina; and

9)                  The alley south of Elizabeth Street.

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 request of Youth Soccer and upon the recommendation of the Park Board and Street and Park Committee, a motion was made by Alderman Zeman, seconded by Alderman Imholte and carried, without a dissenting vote, to transfer $20,000.00 from the Park Dedication Fund for irrigation of soccer fields at the Rotary Soccer Park subject to a the City receiving a long term lease agreement with the State of Minnesota.

            Upon the recommendation of the Street and Park Committee, a motion was made by Alderman Hannon, seconded by Alderman Brenk and carried, without a dissenting vote, to accept the quote of Newman Manufacturing, Audubon, Minnesota, in the amount of $100.63 per lineal foot, for an aluminum bog walk at Sucker Creek.

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, accepting the work and authorizing final payment to AAA Construction of Minnesota, Inc., in the amount of $8,035.00, for construction of the bandshell in the City Park.

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, approving a one-day transient merchant’s license for T.A.P. Enterprises to sell tools at the Detroit Lakes Community and Cultural Center on January 26, 2007.

Pursuant to the recommendation of the Finance Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, providing for the adoption of the Assessments for street and utility improvements for Pleasant Acres Three (INH Developers), showing an assessable cost of $276,571.36 to be assessed in equal annual installments extending over a period of twenty years at an interest rate of six percent per annum.  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 obtaining quotes for a new copier for the City Administration Office, the following quotes were received:

Upon the recommendation of the Finance Committee, a motion was made by Alderman Anderson, seconded by Alderman Brenk and carried, without a dissenting vote, to accept the quote of Marco, Detroit Lakes, in the amount of $20,856.00 for a Sharp MX-550N Copier, subject to City staff approving the Job Building feature.

Upon the recommendation of the Finance Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, authorizing the City Administrator to execute an agreement with the League of Minnesota Cities Insurance Trust selecting the 2007 Workers’ Compensation Retrospectively Rated Premium with a Retro-Rated Factor (Option 1).  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 Anderson, 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 Hannon 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, supporting an increase in Regional Library Basic System Support appropriation during the 2007 Legislative Session.  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.

Pursuant to the recommendation of the Public Safety Committee, a motion was made by Alderman Aune, seconded by Alderman Tollefson and carried, without a dissenting vote, introducing for its first reading, an ordinance amending Section 204.04 of the Administrative Code changing the Police Department operational structure relative to having three Sergeants instead of a Captain.

Upon the recommendation of the Public Safety Committee, a motion was made by Alderman Aune, seconded by Alderman Heltemes and carried, without a dissenting vote, accepting a “Volunteer Fire Assistance” matching grant from the Department of Natural Resources in the amount of $1,000.00.

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 slate of officers for the Detroit Lakes Volunteer Fire Department for 2007, as follows:

Chief – Jeff Swanson

Asst. Chief – Dave Baer

Deputy Chief – Jeff Buschette

Captains –        Jesse Disse

                        Scott Flynn

                        Todd George

                        Rick Johnson

                        Wade Weets

Secretary – Steve Spaeth

Trustee – Brady Markusen

Training Officer – Loren Krause

Pursuant to the letter received from Randy Davis, Alderman Hannon recognized  Officer Wayne Tolbert for his assistances during Mr. Davis’ car crash on November 18, 2006.

Upon the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Heltemes, seconded by Alderman Hannon and carried, without a dissenting vote, approving the issuance of a temporary on-sale intoxicating liquor license for the Holiday Inn on January 27, 2007, at the Detroit Lakes Community and Cultural Center. 

Upon the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting vote, approving the gambling application for the Ultra United Lakes and Trail Riders Association for a raffle at the Holiday Inn on February 17, 2007.

Pursuant to the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting vote, approving the gambling application submitted by the Detroit Lakes Youth Wrestling Organization, Inc. for a raffle at the Sand Bar II on April 21, 2007.

Upon the recommendation of the Public Utilities Commission, a motion was made by Alderman Tollefson, seconded by Alderman Heltemes and carried, without a dissenting vote, authorizing the advertisement for bids for the purchase of a new truck and digger/derrick unit with trade-in of a 1992 GMC digger/derrick unit.

Pursuant to the recommendation of the Mayor, a motion was made by Alderman Brenk, seconded by Alderman Anderson and carried, without a dissenting vote, approving the following Council committee appointments for 2007 and 2008:

            Finance Committee:   *Anderson, Aune, Heltemes, Imholte

            Street and Park Committee: *Imholte, Brenk, Hannon, Zeman

            Liquor/Gambling Control Committee:  *Heltemes, Hannon, Tollefson, Zeman

            Public Safety Committee:      *Aune, Heltemes, Imholte, Tucker

            Community Development Committee:  *Brenk, Anderson, Tollefson, Tucker

            (*Committee Chairs are marked with an asterisk.)

            Alderman Hannon – Park Board Liaison

            Alderman Aune – Library Board Liaison

            Aldermen Anderson and Brenk Development Authority Liaisons

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

            Alderman Heltemes – Detroit Lakes/Becker County Airport Commission Liaison

            Alderman Tucker – Planning Commission Liaison

            Alderman Zeman – Tourism Bureau Liaison

            Alderman Anderson – Detroit Country Club Board of Directors

            Alderman Heltemes – WACCO Board (Alderman Aune as alternate)

            Aldermen Anderson and Imholte – Community Education/Recreation Board Alderman Hannon – Becker County Food Pantry Board

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 2007.  The name of Alderman Matt Brenk was submitted for consideration as Vice Mayor.  The motion was made by Alderman Anderson, 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 2007.

            Mayor Buboltz set special City Council Meetings for January 23, 2007, at 2:00 P.M. and 5:00 P.M., relative to an investigate on-site meeting at T.S. Recreational and a public hearing on proposed street and utility improvements to a portion of Minnesota Avenue, Langford Street, Lincoln Avenue, Lyndale Avenue, Front Street, Oak Grove Avenue, State Street and Parkview Street. 

            Upon the recommendation of the Mayor, a motion was made by Alderman Imholte, seconded by Alderman Hannon and carried, without a dissenting vote, appointing Sharon Josephson and Roy Smith to the City Council Investigative Committee.

            Pursuant to the recommendation of the Mayor, a motion was made by Alderman Brenk, seconded by Alderman Tollefson and carried, appointing Alderman Heltemes, to the WACCO Board of Directors for 2007 and Alderman Aune as the alternate.

            Upon the recommendation of the Mayor, a motion was made by Alderman Brenk, seconded by Alderman Aune and carried, without a dissenting vote, appointing George VanDam to another three-year term on the Public Utilities Commission effective March 1, 2007.

            A motion was made by Alderman Anderson, seconded by Alderman Aune and carried without a dissenting vote, approving the issuance of a cigarette license for one year, for K-Mart #3775, 1305 Highway 10 West, pursuant to their application and $100.00 fee.

            A motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting vote, approving the issuance of a plumbing license for one year to Dennis Mois dba Hank’s Heating, pursuant to their application, $25,000.00 compliance bond and $25.00 fee:

            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 $3,747,858.33 as of December 31, 2006, 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 12, 2006, through January 9, 2007, in the amount of $5,353,425.02.  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, 2006, 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.

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, authorizing Fire Chief Jeff Swanson to attend the Minnesota Fire Chief Association’s Board Meeting in St. Cloud, Minnesota, on January 20-21, 2007.

A resolution was introduced by Alderman Brenk, who moved its adoption, requiring that parking of all vehicles on Jackson Avenue, be parallel with the curb in accordance with the State Aid Standards.  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.

A motion was made by Alderman Brenk, seconded by Alderman Hannon and carried, without a dissenting vote, approving the attendance of two people from the City Attorney’s Office to the Minnesota City Attorneys Educational Conference February 9-10, 2007, in Bloomington, Minnesota .

A motion was made by Alderman Brenk, seconded by Alderman Anderson and carried, without a dissenting vote, approving the issuance of plumbing licenses for 2007 to the following:

Mark Green dba Green’s Plumbing;

Gustav Weber dba Gus’s Plumbing;

Jerry Hanson dba H.O.L. Plumbing and Heating;

John Bruhn dba John M. Bruhn Plumbing Company;

James Voight dba Laney’s Mechanical, Inc.;

Merl Johnson dba Merl L. Johnson Plumbing; and

Rick Sonnenberg dba Sonnenberg Plumbing and Heating.

Sharon Josephson, 1567 East Shore Drive, appeared before the Council and commended the Mayor and Council for establishing the 60-day Rule, amending the 350 foot rule to 700 feet, appointing a Community Strategies Planning Committee and establishing an Investigative Committee relative to “TS Recreational”.

There being no further business to conduct, Mayor Buboltz, by general consent, adjourned the meeting.

                                                            Respectfully submitted,

                                                            Lynne Krieger

                                                            Asst. City Administrator