Detroit Lakes, Minnesota
February 7, 2006
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 7, 2006, all members of the Council having been duly notified of the meting 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; City Engineer Gary
Nansen; Street Commissioner Roy Estes; Public Utilities
Superintendent Curt Punt; Police Chief Kelvin Keena; Building
Official Calvin Mayfield and Liquor Store Manager Bradley
MacMaster.
Aldermen: Anderson, Aune, Brenk, Hannon, Heltemes, Imholte,
Tollefson, Tucker and Zeman
Absent: Fire Chief Jeffrey Swanson.
There being no corrections or additions to the minutes of the regular Council Meeting held January 3, 2006, the Mayor declared that they would stand approved according to copies of same sent to each member of the Council.
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.
The Mayor called to order a hearing at 5:15 P.M. to consider the matter of a reported nuisance at Riverview Terrace. Building Official Calvin Mayfield advised the Council that the property owner, via fax, informed him that he is in the process of several evictions and requested more time to cleanup the property. Mr. Mayfield recommended giving the property owner 60 more days. There being no further written or oral comments, Mayor Buboltz closed the hearing at 5:25 P.M. and reconvened the regular Council Meeting. 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, that the City Council finds that a nuisance exists in violation of City Code Chapter 901 at the property set forth above due to an accumulation of debris listed as household garbage in bags, household garbage not in bags, appliances, automobile parts, furnace, mattress, clothing and sewage and orders the abatement of this nuisance sixty days from this date if the property is not cleaned up.
Upon the recommendation of the Community Development Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, authorizing preparation of a feasibility report for water, sewer and street improvements for the Timber Creek 3rd Addition Phase II. 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.
Upon the request of Kim and Josh Bettcher, Co-Admirals of the 71st Annual Northwest Water Carnival, the motion was made by Alderman Hannon, seconded by Alderman Imholte and carried, without a dissenting vote, approving the issuance of the following permits:
1) Pet and Doll Parade – July 15, 2006;
2) 71st Annual Parade of the Northwest – July 16, 2006;
3) Temporary sign permit during the course of the Water Carnival;
Street Closings:
1) Water Fights and Ice Cream Social from 5:30 P.M. – 9:00 P.M., July 12,
2) 2006, North Washington Avenue from Main Street to Grant Street;
3) 5K/10K Mile Walk-Run at 6:30 A.M. – 10:00 A.M., July 15, 2006, North Shore Drive from Washington Avenue to Roosevelt Avenue, including the City Park parking lot;
4) Pet & Doll Parade at 10:00 A.M., July 15, 2006, Washington Avenue from Holy Rosary parking lot to City Park;
5) Parade of the Northwest at 1:00 P.M., July 16, 2006, State Street to Summit Avenue to Front Street to Washington Avenue to West Lake Drive to Summit Avenue;
6) Water Ski Show at 3:30 P.M., July 16, 2006, West Lake Drive from Lake Avenue to Summit Avenue;
7) Classic Car Show, July 15, 2006, one way entrance on north side of Pavilion near the bandshell and the parking lot to display the cars;
Facilities and Grounds:
1) Fire Department on July 16, 2006;
2) City Beach, Park and Pavilion July 9 - 16, 2006; and
3) City Band Shell July 9 - 16, 2006.
Upon the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Aune, seconded by Alderman Heltemes and carried, without a dissenting vote, approving the issuance of the following temporary on-sale 3.2 malt liquor licenses to the Detroit Lakes Jaycees for the 71st Annual Northwest Water Carnival:
1) July 12-16, 2006, at the Pavilion and the enclosed area attached to the
south side of the Pavilion; and
2) July 8 and 14, 2006, at the Becker County Fairgrounds in an enclosed
area.
Pursuant to the recommendation of the Community Development Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, approving plans and specifications and authorizing the City Administrator and City Engineer to set a bid opening date on water, sewer, storm sewer and street improvements to Clear Creek, Phase I. The motion for the adoption of the resolution was seconded by Alderman Brenk and carried without a dissenting vote. The Mayor declared the resolution adopted.
Pursuant to the recommendation of the Community Development Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, approving plans and specifications and authorizing the City Administrator and City Engineer to set a bid opening date for utility and street improvements to a portion of Airport and Wenner Roads. 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.
Upon the recommendation of the Community Development Committee, a motion was made by Alderman Anderson, seconded by Alderman Brenk to establish a policy whereby a permitted exception to the City’s Noise Ordinance allowing licensed liquor establishments to purchase annual permits allowing them to exceed the Noise Ordinance until midnight on Friday and Saturday nights from Memorial Day Weekend to Labor Day Weekend, including Sunday nights of Memorial Weekend and Labor Day Weekend and the 3rd, 4th and 5th of July. A motion was made by Alderman Heltemes, seconded by Alderman Hannon to amend the time of the policy to 11:00 P.M. Aldermen Heltemes and Hannon spoke in favor of the 11:00 P.M. time. Upon Police Chief Kelvin Keena’s inquiry, City Attorney William Briggs advised that it would be best to amend the Noise Ordinance rather then establish a policy. Aldermen Imholte, Tucker and Zeman spoke in favor of the extending the time to midnight. Alderman Hannon stressed that at the last hearing on the Noise Ordinance, he represented fourteen people and 13 were against extending the time. A motion was made by Alderman Hannon, seconded by Alderman Tollefson to table the motion allowing time to decided if an amendment to the Noise Ordinance should be considered or if a City policy should be considered. The motion was defeated. Mayor Buboltz then called the question on the motion extending the time to 11:00 P.M. on the permits allowing exceeding the Noise Ordinance and it was defeated. Upon the advise of the City Attorney, Aldermen Anderson and Brenk agreed to change their original motion to an amendment to the Noise Ordinance, as follows: an ordinance was introduced, for its first reading, allowing licensed liquor establishments to purchase annual permits which would allow them to exceed the Noise Ordinance until midnight on Friday and Saturday nights from Memorial Day Weekend to Labor Day Weekend, including Sunday nights of Memorial Weekend and Labor Day Weekend and the 3rd, 4th and 5th of July. Mayor Buboltz called the question and the motion carried.
Upon the recommendation of the Community Development Committee, a motion was made by Alderman Tucker, seconded by Alderman Brenk and carried, with one dissenting vote (Imholte), authorizing the City to enter into an Annexation Agreement with Donald and Gladys Lefebvre agreeing not to annex the land within the Plat of Deerwood Park into the City limits prior to January 1, 2015.
Pursuant to the Planning Commission recommendations which were submitted to the City Council and upon the recommendation of the Community Development Committee, a motion was made by Alderman Tucker, seconded by Alderman Aune, and carried, without a dissenting vote, approving the issuance of a conditional use permit to Dr. Thomas Haggart and Dr. James McCormack allowing an animal hospital in a “B-3” District at 1115 West River Road subject to the following conditions:
1) That there would be no unattended animals outdoors;
2) That there be no outdoor kennels, pens or runs; and
3) That trailering in of equine animals or livestock is not allowed.
Pursuant to the Planning Commission recommendations which were submitted to the City Council and upon the recommendation of the Community Development Committee, a motion was made by Alderman Tucker, seconded by Alderman Aune and carried, without a dissenting vote, approving the preliminary plat of Schaleben Springs at 28424 Highway 10 East subject to the following conditions:
1) That all necessary utility easements be provided; and
2) That the Developer dedicates a 66 foot wide road right-of-way for a possible frontage road.
The City Council acknowledged receipt of the Community Development Department 2005 Annual Report.
A motion was made by Alderman Aune, seconded by Alderman Hannon and carried, without a dissenting vote, that building permits for the month of January, 2006, in the estimated construction value of $1,451,578.00, be issued pursuant to their application accompanied by the required City fees and state surcharges, the issuance of such permits having been recommended by the Building Official and approved by the Community Development Committee.
Upon the recommendation of the Street and Park Committee, a resolution was introduced by Alderman Imholte, who moved its adoption, accepting the feasibility report and setting a public hearing for March 7, 2006, at 5:00 P.M. relative to the proposed street and utility improvements to Curry Avenue, from Front Street to Highway 34, Lori Avenue, from Pembina Trail to North Shore Drive and Pembina Trail, from Corbett Road to Lori Avenue. 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.
Pursuant to the recommendation of the Street and Park Committee, a motion was made by Alderman Imholte, seconded by Alderman Tollefson and carried, without a dissenting vote, authorizing City staff to make application for Federal Enhancement Funds and/or Federal Discretionary Funds relative to Trunk Highway 10 aesthetic improvements.
Upon the recommendation of the Street and Park Committee, a resolution was introduced by Alderman Imholte, who moved its adoption, authorizing the City to enter into MnDOT Traffic Control Signal Agreement No. 89182R for installation of a new traffic control signal with lights, emergency vehicle pre-emption, advanced warning flasher and signing on Trunk Highway 59 at Trunk Highway No. 34 – Birch Drive. 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 recommendations of the Pavilion Restoration Committee and Street and Park Committee, a motion was made by Alderman Imholte, seconded by Alderman Hannon and carried, without a dissenting vote, approving Change Order No. 2 to the AAA Construction Contract, in the amount of $6,161.00, to upgrade the Pavilion flooring.
Upon the recommendation of the Street and Park Committee, a motion was made by Alderman Hannon, seconded by Alderman Heltemes and carried, without a dissenting vote, authorizing Sally Hausken to make application for a grant, in the amount of $3,000.00, to the Lake Region Arts Council in Fergus Falls for programming during the Grand Opening of Sucker Creek Preserve on September 7 and 8, 2006.
Pursuant to the recommendation of the Street and Park Committee, a motion was made by Alderman Hannon, seconded by Alderman Tollefson and carried, without a dissenting vote, authorizing the City to enter into a lease agreement with the Boys and Girls Club of Detroit Lakes, Inc., allowing them to lease the Boys and Girls Club facility in Lyle Crovisier Park for a period of five years.
Pursuant to the request of Midwest Minnesota Community Development Corporation and the recommendation of the Street and Park Committee, a motion was made by Alderman Hannon, seconded by Alderman Tollefson and carried, without a dissenting vote, approving the placement of a stop sign at the intersection of Shorewood Drive and Bayridge Drive.
The City Council acknowledged receipt of the 2005 Street Commissioner’s Annual Report.
Upon the recommendation of the Street and Park Committee, a motion was made by Alderman Hannon, seconded by Alderman Tollefson to deny the request of Lake Region Builders Association to waive the rental fee for the Freeman Arenas on March 24-26, 2006, for their Annual Home and Garden Show. Aldermen Zeman and Aune spoke in favor of waiving the rental fee. Upon the inquiry of Aldermen Brenk and Tucker, Alderman Hannon advised that the discussion at the Street and Park Committee centered on what the Lake Region Builders Association has done in construction projects for the City recently. Alderman Hannon advised that most of the nonprofit organizations requesting waivers of rental have been denied. Mayor Buboltz then called the question and the motion carried.
Upon the recommendation of the Street and Park Committee, a motion was made by Alderman Aune, seconded by Alderman Hannon and carried, without a dissenting vote, approving the American Legion Campground Operating Statement for the period ended December 31, 2005.
Pursuant to the recommendation of the Street and Park Committee, a motion was made by Alderman Aune, seconded by Alderman Hannon and carried, without a dissenting vote, authorizing the attendance of Street Commissioner Roy Estes to the 69th Annual Wastewater Operaters’ Conference in Bloomington on March 15-17, 2006.
Upon the recommendation of the Street and Park Committee, a motion was made by Alderman Aune, seconded by Alderman Hannon and carried, without a dissenting vote, approving the issuance of a license to operate vehicles for hire for Becker County Transit for 2006, pursuant to their application and fee.
Pursuant to the recommendation of the Street and Park Committee, a motion was made by Alderman Aune, seconded by Alderman Hannon and carried, without a dissenting vote, approving the issuance of a solid waste hauler’s license to Metro Disposal, Inc. for 2006.
Pursuant to the request of the Detroit Lakes Development Authority and upon the recommendation of the Finance Committee, a resolution was introduced by Alderman Brenk, who moved its adoption, approving the exclusion of platted Industrial Park property from the requirement that the Council approve the sale of all public property. The motion for the adoption of the resolution was made seconded by Alderman Anderson. Alderman Zeman spoke against the request and expressed his concern that the City Council should have final approval of the sale of all City properties. Mayor Buboltz then called the question and the motion for the adoption of the resolution carried.
Upon the recommendation of the Finance Committee, a resolution was introduced by Alderman Brenk, who moved its adoption, authorizing the preparation of a feasibility report on proposed water and sewer improvements for Woodcrest Boulevard. The motion for the adoption of the resolution was seconded by Alderman Anderson and carried without a dissenting vote. The Mayor declared the resolution adopted.
Pursuant to the recommendation of the Finance Committee, a motion was made by Alderman Brenk, seconded by Alderman Imholte to approve a voluntary contribution to the Coalition of Greater Minnesota Cities, in the amount of $2,000.00 ($1,000.00 to the Annexation Program and $1,000.00 to the Economic Development Program) from the Liquor Fund for lobbying efforts. Alderman Zeman spoke against the contribution. Aldermen Anderson, Brenk and Imholte spoke in favor of the contribution. The Mayor called the question and the motion carried.
Upon the recommendation of the Finance Committee, a motion was made by Alderman Brenk, seconded by Alderman Tollefson and carried, without a dissenting vote, approving the 2005 Pay Equity Implementation Report.
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 2006:
PINE TO PALM COURSE:
Green Fees:
18 Holes (Wkdays/wkends) 35.00/39.00
9 Holes 19.00
Twilight (After 3PM) 19.00
Fall Rate (Beginning Oct. 1) 19.00
Two for One Promotion (W/Restrictions) 35.00
Carts:
18 Holes 27.00
9 Holes 13.50
Single Rider 13.50
Cart Book (11 Tickets) 270.00
Rate For Early Paymt.
Memberships: Discount By April 1st
Family N/A N/A
Husband and Wife 895.00 855.00
Single 540.00 515.00
Student (19-22) 235.00 225.00
Junior (12-18) 8 Yrs with Certificate 160.00 155.00
LAKEVIEW EXECUTIVE COURSE:
Green Fees:
18 Holes 22.00
9 Holes 14.00
Twilight (After 3PM) 14.00
Two for One Promotion (W/Restrictions)
Carts:
18 Holes 21.00
9 Holes 12.50
Single Rider 10.50
Cart Book (11 Tickets) 210.00
Senior Ride & Swing Promo 18.00
(Mon & Tue AM)
Rate For Early Paymt.
Memberships: Discount by April 1st
Family 600.00 575.00
Husband and Wife 490.00 475.00
Single 340.00 330.00
Student (19-22) 150.00 145.00
Junior (12-18) 8 yrs With Certificate 125.00 120.00
COMBINED MEMBERSHIP: (BOTH COURSES)
Husband and Wife 1050.00 998.00
Single 650.00 620.00
Student (19-22) 300.00 285.00
Junior (12-18) 8 yrs. With Certificate 200.00 190.00
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.
The Council acknowledged receipt of a check in the amount of $61,000.00 as payment under the lease agreement with the Detroit Country Club for operations in 2005 and ordered the Detroit Country Club’s 2005 Financial Statement to be placed on file.
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 people from the City Attorney’s Office to attend the 2006 Minnesota City Attorneys’ Educational Conference in Bloomington on February 3-4, 2006.
Pursuant to the recommendation of the Public Safety Committee, a motion was made by Alderman Heltemes, seconded by Alderman Imholte and carried, without a dissenting vote, introducing, for its first reading, an ordinance regulating open burning within the City of Detroit Lakes.
The Council took no action on a request for an ordinance pertaining to dogs that have proven to be dangerous to children and adults but instructed the City Administrator to consider the letter as a formal complaint and ordered it forwarded to the Street Commissioner/Animal Control.
The Council acknowledged receipt of the 2005 Police Department Annual Report and the 2005 Detroit Lakes Volunteer Fire Department Annual Report and ordered them placed on file.
Upon the recommendation of the Public Safety Committee, a motion was made by Alderman Heltemes, seconded by Alderman Hannon and carried, without a dissenting vote, authorizing the sale of a 1993 GMC Blazer forfeiture vehicle.
Pursuant to the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Aune, seconded by Alderman Hannon and carried, without a dissenting vote, approving a donation of $50.00 to the Detroit Lakes Knights of Columbus from the Liquor Fund to help purchase tickets for children for the Jose Cole Circus on March 27, 2006, at the Sports Arena.
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 Bill and Jean Livingood’s request to hold their daughter’s wedding ceremony and reception on the City beach in an enclosed area and give them permission to have alcoholic beverages in the enclosed area. Alderman Hannon informed the Council that the Street and Park Committee also reviewed their request and authorized them to have a bonfire in an enclosed container in that area also.
Pursuant to the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Aune, seconded by Alderman Hannon and carried, without a dissenting vote, approving the following gambling applications:
1) Detroit Lakes Noon Kiwanis for gambling at the Speak Easy on March 31, 2006
2) Holy Rosary Catholic Church for a raffle on April 28, 2006, at the Church
3) Holy Rosary Catholic Church for a raffle on June 22, 2006, at the Church
4) Ducks Unlimited – Lakes Area Ladies for gambling at the Holiday Inn on March 11, 2006
5) Eagles Aerie 2342 and Past President’s Club for gambling at their club at 112 West Holmes
Upon the recommendation of the Public Utilities Committee, a resolution was introduced by Alderman Tollefson, who moved its adoption, authorizing execution of MnDOT Agreement No. 89271 for relocation of City facilities and reimbursement of City’s relocation costs to be performed upon, along and adjacent to Trunk Highway No.10 under State Project No. 0302-64. 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 recommendation of the Public Utilities Committee, a motion was made by Alderman Tollefson, seconded by Alderman Aune and carried, without a dissenting vote, authorizing execution of Offer to Sell and Memorandum of Conditions and quit claim deed relative to the sale of the following property to the Minnesota Department of Transportation (212 Rudd Street) in the amount of $21,000.00:
That part of the Northeast Quarter of the Northeast Quarter of Section 34,
Township 139 North, Range 41 West, shown as Parcel 200K on Minnesota
Department of Transportation Right-of-Way Plat Numbered 03-24 as the same
is on file and of record in the Office of the County Recorder in and for Becker
County, Minnesota.
Mayor Buboltz changed the time of the March 7, 2006, City Council Meeting to start at 4:30 P.M. with hearings scheduled to start at 5:00 P.M. due to Precinct Caucus Day being on March 7, 2006.
Pursuant to the recommendation of the Mayor, a motion was made by Alderman Brenk, seconded by Alderman Heltemes and carried, without a dissenting vote, appointing Aldermen Anderson, Brenk, Imholte and Tollefson and Mayor Buboltz to the Board of Equalization and setting a per diem for the Board of Equalization at $100.00 per alderman.
Upon the recommendation of the Mayor, a motion was made by Alderman Anderson, seconded by Alderman Brenk and carried, without a dissenting vote, appointing Alderman Heltemes to the Western Area City/County Cooperative Board of Directors and Alderman Aune as the alternate for 2006.
Pursuant to the recommendation of the Mayor, a motion was made by Alderman Aune, seconded by Alderman Brenk and carried, without a dissenting vote, appointing Brian Saunders to another three-year term on the Detroit Lakes Sports Arena effective May 1, 2006.
Pursuant to the resignation of Jim Donehower on the Library Board and upon the recommendation of Mayor Buboltz, a motion was made by Alderman Brenk, seconded by Alderman Aune and carried, without a dissenting vote, appointing Ron Sprafka to the Detroit Lakes Library Board to finish out Mr. Donehower’s term which expires August 31, 2008.
Upon the recommendation of the Mayor, a motion was made by Alderman Brenk, seconded by Alderman Aune and carried, appointing Lynn Hummel and Greg Potvin to another two-year term on the Holmes Center, Inc. Board of Directors effective May 1, 2006. Alderman Hannon made note that a Councilmember should be appointed to that Board.
A motion was made by Alderman Aune, seconded by Alderman Hannon and carried, without a dissenting vote, approving the issuance of the following plumbing licenses for 2006:
Rick Sonnenberg dba Sonnenberg Plumbing and Heating, Vergas
Randy Torma dba T & T Plumbing and Heating, Menahga
James Voight dba Laney’s Mechanical, Inc., Detroit Lakes
Joe Glenz dba Glenz Plumbing, Detroit Lakes
Daniel Biewer dba Dakota Heating & Plumbing, Inc., Wahpeton
Charles Bergland dba Just Call Charlie, Perham
A motion was made by Alderman Aune, seconded by Alderman Hannon and carried, without a dissenting vote, approving the issuance of cigarette licenses, for one year, to Petro Plus Convenience Center, 1306 Highway 10 East; and Cenex Convenience Store, 911 East Highway 34, 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, that
the trial balance, submitted by Finance Officer Louis Guzek, showing the balance
in the City treasury to be in the amount of $1,367,281.00 as of January 31,
2006, 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 January 4, 2006, through February 7, 2006, in the amount of
$3,857,813.63. 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 Imholte, seconded by Alderman Heltemes and carried, without a dissenting vote, that the County Court Report for December, 2005, Chief of Police Reports, Fire Chief’s Report, Liquor Store Manager’s Report and parking violations report be approved and placed on file.
There being no further business to conduct, Mayor Buboltz, by general consent, adjourned the meeting. (6:25 P.M.)
Respectfully submitted,
Lynne Krieger
Asst. City Administrator