Detroit Lakes, Minnesota

                                                                        February 1, 2005

 

            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, February 1, 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 and Fire Chief Jeffrey Swanson.

 

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

 

            Absent:             Alderman Tucker and Liquor Store Manager Bradley MacMaster.

 

            Mayor Buboltz opened, at 5:02 P.M., the continued hearing from the January 4, 2005, City Council Meeting, relative to the abatement of a nuisance created by the accumulation of debris at 308 Davis Avenue and 206 East Central Street, pursuant to City Code, Section 901.07, Subdivision 1.  Building Official Calvin Mayfield advised the Council that the properties have been cleaned up except for a few items which are frozen  in the snow and recommended that no further action be taken.  After general consent, no action was taken but Alderman Heltemes requested that Building Official Calvin Mayfield conduct a follow-up inspection at these properties in the Spring to make sure the rest of the items are removed.  Mayor Buboltz closed the hearing at 5:03 P.M.

 

            Pursuant to notice having been published in the official newspaper and sent to all the affected property owners, that a public hearing would be held to hear comment on the proposed utility and street improvements for Phase II of Long Lake area/Pettit Property, Mayor Buboltz called the hearing to order at 5:03 P.M.  Upon Mayor Buboltz’s request, City Engineer Gary Nansen summarized the proposed project advising that the project scope consists of properties that are adjacent to Long Lake Road from the Brainard site utilities to Ridgewood Resort.  He also advised that the proposed utility improvements consist of watermain, sanitary sewer and storm sewer improvements and the street improvements will consist of restoring the existing rural section and providing a minimum of twenty-four feet, seven ton driving surface with four foot bituminous shoulders at locations where right-of-way and topography permit.  Mr. Nansen further explained that Elmwood Acres and Clark Gable Beach streets will be prepared to a rural section similar to their existing width and location and the Pettit Addition streets will be a thirty-seven foot wide, five ton residential urban design which includes curb and gutter.   He noted that the total estimated project cost was $3,127,900.00 of which $1,985,300.00 would be assessable.  After City Administrator Richard Grabow summarized the assessment policy, he advised that most of the utility improvements will take place outside of the City limits and these residents will not be required to hookup to City water and sewer but a letter will be sent to the property owners allowing them the option of hooking up to the City services before annexation and if they chose to hook up to City services before annexation, they will need to enter into an agreement with the City saying that once their area is annexed into the City, the balance of the agreed upon amount will be turned into an assessment.  After questions were answered, Mayor Buboltz opened up the hearing for comments.  Diane McCormack, 15840 Long Lake Road, spoke in favor of having weekly update meetings when construction starts, as mentioned by City Engineer Gary Nansen, and also requested that the meeting notices be placed on the City’s website and that emergency services be made aware of these meetings.  Ms. McCormack also spoke in favor of a 9 ton road.  Mayor Buboltz referred the matter of the 9 ton road versus the 7 ton road to the Street and Park Committee.  Upon request, the City Administrator was instructed to check with the natural gas companies to see if they are interested in extending their gas lines in this area during the construction process.  There being no further comments, Mayor Buboltz closed the hearing at 6:55 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 the utility and street improvements and preparation of plans and specifications for Phase II of Long Lake area/Pettit Property.  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.

 

            Kim Embretson, West Central Initiative, appeared before the City Council and presented an update on West Central Projects in the Detroit Lakes area over the last year.  He thanked the City Council for their support of the region’s endowment.

 

            Mayor Buboltz welcomed Rich Denison, the new News Director of KRCQ Real Country.

 

            Upon the recommendations of the Planning Commission which were submitted to the City Council and pursuant to the recommendation of the Community Development Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, approving the final plat of Stilke Lake Acres.  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 recommendations of the Planning Commission which were submitted to the City Council and pursuant to the recommendation of the Community Development Committee, a motion was made by Alderman Anderson, seconded by Alderman Heltemes and carried, without a dissenting vote, to approve the issuance of a variance to Mary and Donald Voracek allowing a garage three feet from the property line with a two-foot overhang at 1214 South Shore Drive, subject to the condition that the property owner place adequate rain gutters on the building and direct the run-off to the east side of the garage into an appropriate water storage area as approved by the Community Development Director. 

 

            Upon the recommendation of the Community Development Committee, a motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting vote, introducing for its second reading and adoption Ordinance No. 263, an ordinance annexing 54 acres of land in part of Government Lots 2-5, lying east and south of the public road, commonly known as Long Lake Road/Glenn Freeland Property.

 

            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 Anderson, seconded by Alderman Aune and carried, without a dissenting vote, approving the preliminary plat of Clear Creek Development, 16493 Long Lake Road, subject to the following conditions:

 

                        1)         That any required utility easements be dedicated on the plat;

2)         That any required public storm water holding areas be contained within the development and dedicated on the plat;

                        3)         That the City Engineer approve the Storm Water Management Plan;

                        4)         That the Developers present a signed Pelican River Watershed District permit to the City;

                        5)         That Lots 17 & 18 of Block One be dedicated for park purposes;

                        6)         That the Developers sign a Developer’s Purchase Agreement and agree to purchase and install                                     $40,000 worth of equipment for the park;

                        7)         That the protective easement be provided as shown on the plat;

8)         That the Developers obtain approval from the Becker County SWCD to fill the wetland for construction of a road on this plat and that language be included stipulating no additional deminimus exemptions for filling wetlands are allowed;  

                        9)         That the Developers sign an Assessment Agreement; and

                        10)       That the street curve information be provided and the City Engineer approves the street alignment.

           

            Upon the recommendation of the Community Development Committee, a resolution was introduced by Alderman Aune, who moved its adoption, accepting the feasibility report, ordering the improvement and preparation of plans and specifications for construction of utility and street improvements for Long Bridge Heights – Phase 2A/MMCDC, subject to the execution of a developer’s agreement.  The motion for the adoption of the resolution was seconded by Alderman Brenk and carried without a dissenting vote.  Mayor Buboltz 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 Aune, who moved its adoption, approving the final plat of Lake Forest Fifth Addition.  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.

 

            Upon the recommendation of the Community Development Committee, a resolution was introduced by Alderman Aune, who moved its adoption, ordering a feasibility study on the construction of utility and street improvements for Lake Forest Fifth Addition.  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.

 

            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 Aune, seconded by Alderman Tollefson and carried, without a dissenting vote, introducing for its first reading, an ordinance rezoning 56.6 acres of land south of Walmart/615 Airport Road from “R-A” Residential Agricultural District to “B-2” General Commercial District.

 

            The Council acknowledged receipt of the 2004 Community Development Department Annual Report.

 

            Upon the recommendation of the Street and Park Committee, a motion was made by Alderman Imholte, seconded by Alderman Heltemes and carried, without a dissenting vote, approving the Five Year Improvement Plan for Municipal State Aid and Local Streets. 

 

            Pursuant to the recommendation of the Street and Park Committee, a resolution was introduced by Alderman Tollefson, who moved its adoption, approving the preliminary report for street and utility improvements for the following local streets and authorizing a public hearing on the proposed improvements for Tuesday, March 1, 2005, at 5:00 P.M. in the Council Chambers, and also to add Homestead Street to the following list:

 

                        1)         Dean Street, 300’ west of Andrews Avenue to Richwood Road;

                        2)         Andrews Avenue, from Terry Street to Dean Street;

                        3)         Knollcrest Avenue, from Homestead Street to Northland Street;

                        4)         Northland Street, from Richwood Road to Broadway Avenue;

                        5)         Mountain View Street, from Richwood Road to Broadway Avenue;

                        6)         Sunset Avenue, from the frontage road to Northland Avenue;

                        7)         Broadway Avenue, from the frontage road to Homestead Street;

                        8)         T.H. 34 Frontage Road, from Sunset Avenue to East of the Tech School;

                        9)         Barbara Avenue, from T.H. 34 to Central Street;

                        10)       Central Street, from Roosevelt Avenue to 11th Avenue;

                        11)       Curry Avenue, from T.H. 34 to Main Street;

                        12)       Oak Grove Avenue, from Rossman Avenue to Holmes Street;

                        13)       Woodrow Avenue, from Oak Street to Willow Street;

                        14)       Pembina Trail, from Corbett Road to Lori Avenue;

                        15)       Lori Avenue, from Pembina Trail to North Shore Drive;

                        16)       Park Lake Boulevard, from North Shore Drive to North Shore Drive;

                        17)       Phinney Avenue, from Forest Street to Peoples Street;

                        18)       Peoples Street, from Rossman Avenue to Summit Avenue;

                        19)       Willard Avenue, from Legion Road to Kenneth Street;

                        20)       Kenneth Street, from end (700’ West of Willard) to Willard Avenue;

                        21)       Villa Lane, from West Lake Drive to West Lake Drive;

                        22)       Highwood Circle, from Villa Lane to end (cul-de-sac).

                       

The motion for the adoption of the resolution was seconded by Alderman Imholte.  City Engineer Gary Nansen summarized the report advising that Curry Avenue, from Main Street to Trunk Highway 34, is being considered for complete reconstruction of street, sidewalk, watermain, sanitary sewer and storm sewer and the remainder of the streets are scheduled for bituminous surface rehabilitation. Mr. Nansen advised that the estimated total project cost would be $1,189,500.00 of which $708,450.00 would be assessable.  Mayor Buboltz then called the question and the motion carried unanimously.

 

            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 authorize the preparation of plans and specifications for water and sewer improvements in conjunction with the Trunk Highway No. 10 MnDOT Project.

 

            Pursuant to the recommendation of the Street and Park Committee, a resolution was introduced by Alderman Hannon, who moved its adoption, supporting the Minnesota Recreation and Park Association’s Legislative Platform for 2005.  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 Lake Region Builders and 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, approving their request to waive the rental fee for the Sports Arena for their Annual Builder’s Show on March 18-20, 2005, with the condition that the fee to rent two booths for the Builder’s Show be waived for the Public Utilities and City.

 

            Pursuant to the request of the Detroit Lakes Regional Chamber of Commerce, a motion was made by Alderman Hannon, seconded by Alderman Brenk and carried, without a dissenting vote, to approve the use of the City Park and Pavilion for Arts and Crafts in the Park on July 31, 2005, but deny their request to waive the Pavilion Rental Fee.

 

            Street Commissioner Roy Estes presented his 2004 Street Commissioner’s Annual Report.

 

            Upon the recommendation of the Street and Park Committee, a motion was made by Alderman Imholte, seconded by Alderman Aune and carried, without a dissenting vote, approving the American Legion Campground Operating Statement for the period ended December 31, 2004.

 

            Pursuant to the recommendation of the Street and Park Committee, a motion was made by Alderman Imholte, seconded by Alderman Aune and carried, without a dissenting vote, authorizing the attendance of Street Commissioner Roy Estes to the 68th Annual Wastewater Operaters’ Conference in Bloomington on March 16-18, 2005.

 

            Upon the recommendation of the Street and Park Committee, a motion was made by Alderman Imholte, seconded by Alderman Aune and carried, without a dissenting vote, approving the issuance of a license to operate vehicles for hire for Becker County Transit for 2005, pursuant to their application and fee.

 

            Pursuant to the recommendation of the Finance Committee, a motion was made by Alderman Brenk, seconded by Alderman Anderson and carried, without a dissenting vote, to accept the work and authorize final payment to Feldt Plumbing and Heating, in the amount of $16,021.08, for sanitary sewer and watermain improvements to Timber Creek 3rd Addition, Phase I.

 

            Upon the recommendation of the Finance Committee, a motion was made by Alderman Brenk, seconded by Alderman Tollefson and carried, without a dissenting vote, to accept the work and authorize final payment to Feldt Plumbing and Heating, in the amount of $42,526.38, for utility and street improvements to Stonebrooke Villas.

 

            The Council acknowledged receipt of a check in the amount of $75,000.00 as payment under the lease agreement with the Detroit Country Club for operations in 2004 and ordered the Detroit Country Club’s 2004 Financial Statement to be placed on file.

 

            Upon the recommendation of the Detroit Country Club Board of Directors and pursuant to the recommendation of the Finance Committee, a resolution was introduced by Alderman Brenk, who moved its adoption, approving the following fee schedule for 2005:

 

PINE TO PALM COURSE:

            Green Fees:

            18 Holes                                                          35.00

            9 Holes                                                           19.00

            Twilight                                                            19.00

 

                                   

            Carts:

            18 Holes                                                          25.00

            9 Holes                                                            12.50

            Single Rider                                                      12.50  

            Cart Book (11 Tickets)                                    250.00

                                                                                                            Rate For Early Paymt.

            Memberships:                                                                           Discount By April 1st

            Husband and Wife                                            850.00                         810.00

            Single                                                               510.00                         485.00

            Student (19-22)                                                220.00                         210.00

            Junior (12-18) 8 Yrs with Certificate                 150.00                         140.00

 

LAKEVIEW EXECUTIVE COURSE:

            Green Fees:

            18 Holes                                                          22.00

            9 Holes                                                            14.00

Twilight                                                           14.00

                                   

Carts:

            18 Holes                                                          20.00

            9 Holes                                                            12.00

            Cart Book (11 Tickets)                                    200.00

                                                                                                            Rate For Early Paymt.

            Memberships:                                                                           Discount by April 1st

            Family (Promotional)                                        575.00                         -0-

            Husband and Wife                                            475.00                         455.00

Single                                                               325.00                         310.00

            Student (19-22)                                                140.00                         130.00

            Junior (12-18) 8 yr with Certificate                   115.00                        110.00

 

COMBINED MEMBERSHIP: (BOTH COURSES)

            Husband and Wife                                            990.00                         940.00

            Single                                                               620.00                         590.00

            Student                                                             285.00                         270.00

            Junior                                                               185.00                         175.00

 

LOCKERS: (Per Month)                                               20.00

 

DRIVING RANGE:

            Bucket Fees                                                     3.00/4.00

            Family Membership                                          225.00

Husband and Wife Membership                        130.00

            Single Membership                                             90.00

            Youth 18 and Under Membership                       75.00

 

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

 

            Upon the recommendation of the Police Chief and Public Safety Committee, a motion was made by Alderman Heltemes, seconded by Alderman Hannon and carried, without a dissenting vote, to approve the issuance of a public gathering permit for the ULTRA Snowmobile Club to host a snow cross race at the Becker County Fairgrounds on February 26-27, 2005, pursuant to their application and fee.

 

            Pursuant to the Detroit Lakes Regional Chamber of Commerce’s letter relative to the West Lake Drive beach front, Mayor Buboltz scheduled a hearing for March 8, 2005, at 7:00 P.M. to hear public comment on parking issues by the City Beach.

 

            Upon the recommendation of the Public Safety Committee, a motion was made by Alderman Imholte, seconded by Alderman Aune and carried, without a dissenting vote, approving the issuance of a permit for the Eagles Club allowing them to conduct a street dance on June 4, 2005, on Holmes Street in front of their Club in conjunction with the Street Faire and pursuant to their application.

 

            The Council acknowledged receipt of the 2004 Police Department Annual Report and the 2004 Detroit Lakes Volunteer Fire Department Annual Report and by general consent, approved the slate of officers for 2005.

 

            Upon the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Aune, seconded by Alderman Tollefson and carried, without a dissenting vote, approving the issuance of a temporary on-sale intoxicating liquor license for the Eagles Club to sell beer on Holmes Street and at the intersection of Washington Avenue and Holmes Street on June 4-5, 2005, in conjunction with the Street Faire.

 

           Pursuant to the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Imholte, seconded by Alderman Aune and carried, without a dissenting vote, approving the following gambling applications:

 

1)                  United Lakes and Trail Riders Association for a raffle at Zorbaz on February 20, 2005;

2)                  Holy Rosary Catholic Church for a raffle at the Speak Easy Restaurant April 22, 2005;

3)                  Holy Rosary Catholic Church for a raffle at the Holy Rosary Catholic Community June 21, 2005; and

4)                  Shrine Club for gambling at the Speedway.

 

            Pursuant to the recommendation of the Mayor, a motion was made by Alderman Anderson, seconded by Alderman Hannon and carried, without a dissenting vote, appointing Christopher Phillips as a permanent police officer for the Detroit Lakes Police Department effective February 3, 2005.

 

            Upon the recommendation of the Mayor, a motion was made by Alderman Brenk, seconded by Alderman Heltemes and carried, without a dissenting vote, appointing Judy Stowman and Chris Bergen to the Detroit Lakes Planning Commission for the period February 1, 2005, through December 31, 2008.

 

            Pursuant to the recommendation of the Mayor, a motion was made by Alderman Heltemes, seconded by Alderman Anderson and carried, without a dissenting vote, appointing David Ohman to the Park Board for a three-year term effective March 1, 2005.

 

            Upon the recommendation of the Mayor, a motion was made by Alderman Brenk, seconded by Alderman Aune and carried, without a dissenting vote, appointing Terry Granlund to a three-year term on the Detroit Lakes Tourism Bureau effective April 1, 2005.

 

            Pursuant to the recommendation of the Mayor, a motion was made by Alderman Imholte, seconded by Alderman Aune and carried, without a dissenting vote, appointing Julie Kaufmann and Dan Berg to a three-year term on the Detroit Lakes Sports Arena Commission effective May 1, 2005.

 

            A motion was made by Alderman Imholte, seconded by Alderman Aune and carried, without a dissenting vote, authorizing the attendance of Assistant City Administrator Lynne Krieger to the MCFOA Annual Conference in St. Cloud on March 17-18, 2005.

 

            A motion was made by Alderman Imholte, seconded by Alderman Aune and carried, without a dissenting vote, approving the issuance of the following plumbing licenses, pursuant to their application, compliance bond and $25.00 fee:

 

1)                  Randy Torma dba T & T Plumbing, Menahga; and

2)                  Rick Sonnenberg dba Sonnenberg Plumbing and Heating.

 

A motion was made by Alderman Imholte, 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 $2,388,806.96 as of January 31, 2005, 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 January 5, 2005, through February 1, 2005, in the amount of $3,053,498.21.  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 Imholte, seconded by Alderman Aune and carried, without a dissenting vote, that the County Court Report for December 2004, Chief of Police Reports, Fire Chief’s Report, Liquor Store Manager’s Report, parking violations report and Animal Control Report be approved and placed on file.

 

A motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting vote, approving the issuance of a cigarette license to North Shore Travel Plaza, 1129 East Highway 10, for one year, 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 gambling application submitted by Lake Area Gobblers, National Wild Turkey Federation, for a raffle at the Holiday Inn on April 16, 2005.

 

Mayor Buboltz addressed the Council, staff and audience stressing that financially, the City is in excellent shape and continues to get better.  He noted that the City’s growth has been solid and referred to the Ten Year Building Permit Report which reflected that Year 2004 had $25.6 million in estimated construction value, the third highest amount of building permits in the history of the City, of which one-half of the permits involved housing.  He listed some of the major building projects that took place in 2004.  Some of the goals for 2005 that he listed were:

 

1)                  Construct another Spec. Building in the new Industrial Park;

2)                  Bike Trails, Detroit Lakes-Park Rapids and in local plats;

3)                  Convention Center – Asked Development Authority to put together plan for bonding bill (if not this year by 2008 Bonding Year)

4)                  Work with MnDOT on highway improvements on Highway 10 west of

            Highway 59;

5)                  Continue to work with businesses; and

6)                  Reinstitute the Business Appreciation Banquet.

 

There being no further business to conduct, by general consent, Mayor Buboltz adjourned the meeting at 6:49 P.M.

 

                                                                        Respectfully submitted,

 

 

 

                                                                        Lynne Krieger                                     

                                                                        Asst. City Administrator