Government

Detroit Lakes, Minnesota

February 12, 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, February 12, 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 Utilities Superintendent Curt Punt; City Engineer Gary Nansen; Police Chief Kelvin Keena; Building Official Calvin Mayfield and Liquor Store Manager Bradley MacMaster.

Aldermen: Anderson, Aune, Heltemes, Imholte and Tucker.

Absent : Aldermen: Brenk, Hannon, Tollefson and Zeman; Public Works Director Bradley Green and Fire Chief Jeffrey Swanson.

There being no corrections or additions to the minutes of the regular Council Meeting held January 8, 2008, and a special City Council Meeting held February 1, 2008, 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 Council would, at this present meeting, conduct a hearing for the purpose of hearing public comments on the issuance of on-sale intoxicating and Sunday on-sale intoxicating liquor licenses to Goobers, Inc. dba The Avenue, 917 Washington Avenue, for the period February 12, 2008, through December 31, 2008, the Mayor called the hearing to order at 5:00 P.M. Assistant City Administrator Lynne Krieger and Police Chief Kelvin Keena advised the Council that everything was in order except for several documents that were not received. There being no further comments, Mayor Buboltz adjourned the meeting at 5:02 P.M. and reconvened the regular Council Meeting.

Upon the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Heltemes, seconded by Alderman Anderson and carried, without a dissenting vote, authorizing the issuance of on-sale intoxicating and Sunday on-sale intoxicating liquor licenses for Goobers, Inc., dba The Avenue, 917 Washington Avenue, for the period February 12, 2008, through December 31, 2008, contingent upon receiving the necessary documents.

Mayor Buboltz called to order a hearing at 5:02 P.M. to determine if a nuisance exists at 1090 Legion Road whereby smoke from a wood burning boiler exists, pursuant to Section 901.02, Subd.10 of the City Code. William Rosten, 1502 Gary Avenue, appeared before the Council and explained why the reported smoke is a nuisance. Ronald Knoll, Anderson, Bottrell, Sanden and Thompson, legal counsel for Broadway Welding, Inc. and Nodill Roc, LLC, 1090 Legion Road, outlined reasons why the smoke from the wood burning boiler is not a nuisance. He also advised that the Minnesota Court of Appeals, had previously looked at an ordinance identical to the City of Detroit Lakes nuisance ordinance and declared it invalid. He iterated that his clients, rather than take this issue to the Minnesota Courts, would rather take every reasonable step to ensure that whenever emissions are coming out of the furnace, it will cause the least amount of inconvenience and disturbance to the residents in the area. He informed the Council that the companies have already purchased an additional stack that will be put in by May 1, 2008. Upon the Mayor’s request, City Attorney William Briggs verified Mr. Knoll’s statement relative to the Minnesota Court of Appeals declaring the ordinance similar to the City’s nuisance ordinance invalid. He advised that the City encourage the Minnesota Pollution Control Agency to review this issue. Jane Rosten, 1502 Gary Avenue, advised that the smoke is a very serious problem in their neighborhood. There being no further comments, the Mayor closed the hearing at 5:32 P.M. and reconvened the regular Council Meeting.

A motion was made by Alderman Tucker, seconded by Alderman Anderson, authorizing the City staff to encourage the MPCA, according to their prospective, to determine if the smoke from this wood burning boiler at 1090 Legion Road should cause a concern. Aldermen Heltemes and Imholte requested that both parties get together and see if they can come to an agreement. Alderman Heltemes also suggested that the City look at an ordinance regulating these types of boilers. After Mayor Buboltz referred the matter to the Community Development Committee, he encouraged the parties to work out an agreement. The question was called and the motion carried with one dissenting vote (Imholte).

Pursuant to the request of Paul Tadlock, 315 Bowling Avenue, and upon the recommendation of the Community Development Committee, a motion was made by Alderman Anderson, seconded by Alderman Aune to extend the deadline for Mr. Tadlock to side his house at 315 Bowling Avenue for 90 days (May 12, 2008). Mr. Tadlock, appeared before the Council advising that he needed warmer weather to side the house. He also informed the Council that he has been working long hours to get enough funds to buy the siding. Mayor Buboltz then called the question and the motion carried unanimousily.

Pursuant to the Long Lake Orderly Annexation Agreement and upon the recommendation of the Community Development Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, that the land designated as Long Lake Area II be annexed into the City of Detroit Lakes effective July 15, 2008. 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 request of Midwest Minnesota Community Development Corporation and upon the recommendation of the Community Development Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, approving and authorizing an amendment to the Loan Agreement with MMCDC. The motion for the adoption of the resolution was seconded by Alderman Tucker. Community Development Director Larry Remmen advised that a grant was received from the State of Minnesota for $925,000.00 for the Graystone Project and as part of the grant, the City had to issue a forgivable loan to MMCDC to make sure all criteria were met and as of this date, MMCDC has done very well. He further informed the Council that the City did release a portion of the loan in the amount of $164,000.00, to assist Lakes Crisis Center in purchasing the building. MMCDC is requesting the release of the mortgage on Condo A and Condo C which would forgive $442,000.00 of the note. Mr. Remmen advised that the City is still protected the way they need to be and recommended the action. Alderman Anderson advised that the City acted as a pass through and no City funds were involved.

Mayor Buboltz then called the question and the motion adopting the resolution carried unanimously.

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, to introduce for its first reading an ordinance amending Ordinance No. 313, the Erosion and Sediment Control Ordinance, adding Section 1007.07 relative to trout waters as required for the City’s MS4 Permit.

1. That the building not be wider than 48 feet;

2. That the front of the building be in line with the building on the lot to the west;

3. That Dynamic Homes provide the City with a certificate of survey for the property; and

4. That the building be 20 feet or more from any building on adjacent lots.

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 Tucker and carried, without a dissenting vote, to deny the issuance of a conditional use permit to Michael W. Olson to allow a three-plex in an ‘R-2” One and Two Family Residence District at 317 Park Street. The reason for denial is that due to the substandard lot size, it would not be appropriate to approve a PUD for a 3-plex. The 3-plex currently exists on the property as grandfathered in non-conforming use and if such was discontinued for 12 months, it could no longer be used as a tri-plex.

Pursuant to the recommendations of the Planning Commissioner which were submitted to the City Council and upon the recommendation of the Community Development Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, approving the final plat of Eaglewood. The motion for the adoption of the resolution was seconded by Alderman Tucker and carried without a dissenting vote. Mayor Buboltz declared the resolution adopted.

Pursuant to the recommendation of the Community Development Committee, a motion was made by Alderman Aune, seconded by Alderman Tucker and carried, without a dissenting vote, that building permits for the month of January, 2008, in the estimated construction value of $325,415.00, be issued pursuant to their applications 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 Public Works Committee, a resolution was introduced by Alderman Imholte, who moved its adoption, supporting passage of a comprehensive transportation bill that provides additional long-term, sustainable funding to Minnesota’s state highways and bridges, county roads, city streets, metro and rural transit systems and local bridges. The motion for the adoption of the resolution was seconded by Alderman Anderson. After Mayor Buboltz reviewed a number of reasons the Council should support the passage of this bill, he called the question and the motion for the adoption of the resolution was passed unanimously.

Minnesota Avenue, from West Lake Drive to Willow Street;

Langford Street, from Washington Avenue to Lincoln Avenue;

Lincoln Avenue, from North Shore Drive to Langford Street;

Lyndale Avenue, from North Shore Drive to Robert Street; and

Parkview Street, from Lyndale Avenue to Roosevelt Avenue.

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 recommendation of the Public Works Committee, a resolution was introduced by Alderman Imholte, who moved its adoption, accepting an amended report and setting a public hearing for March 11, 2008, at 5:00 P.M. to give consideration to sanitary sewer, watermain and street improvements on Tower Road, from Richwood Road West to the proposed electric utility work center. 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 Public Works Committee, a resolution was introduced by Alderman Imholte, who moved its adoption, ordering plans and specifications for sanitary sewer, watermain and street improvements on Tower Road, from Richwood Road West to the proposed electric utility work center. The motion for the adoption of the resolution was seconded by Alderman Heltemes and carried without a dissenting vote. The Mayor declared the resolution adopted.

Pursuant to the recommendation of the Public Works Committee, a resolution was introduced by Alderman Imholte, who moved its adoption, approving plans and specifications and authorizing the City Administrator and City Engineer to set a bid opening date for water and sewer extension for the Berean Baptist Church Property on State Highway 34 East of Pelican Lane. The motion for the adoption of the resolution was seconded by Alderman Heltemes. Upon the request of Alderman Tucker, City Engineer Gary Nansen informed the Council that all expenses for this project would be assessable. Mayor Buboltz then called the question and the resolution was adopted.

Upon the recommendation of the Public Works Committee, a resolution was introduced by Alderman Imholte, who moved its adoption, approving plans and specifications and authorizing the City Administrator and City Engineer to set a bid opening date for water and sewer extension to the Detroit Lakes Airport. The motion for the adoption of the resolution was seconded by Alderman Tucker. Upon the request of Alderman Imholte, City Engineer Gary Nansen advised that the cost of the project would be approximately $175,000.00 and will be funded primarily from FAA Entitlement Funds and the City’s share would be $18,000.00. City Administrator Robert Louiseau advised that the Public Utilities will pay the City’s portion and approximately $4,000.00 would be the County’s share. Mayor Buboltz then called the question and the resolution was adopted unanimously.

Pursuant to the request of Lodge on Lake Detroit and upon the recommendation of the Public Works Committee, a motion was made by Alderman Heltemes, seconded by Alderman Aune, approving their request for a second access to their parking lot from the frontage road along Highway 10 which is a City street. City Engineer Gary Nansen reviewed the request and advised that to make this access efficient, according to the map presented, the proposed access needs to be realigned a little to the West. Mayor Buboltz called the question and the motion carried unanimously.

Pursuant to obtaining quotes and 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, accepting the quote of Night Storm/Mike Checkalski in the amount of $2,850.00, for rental of the Pavilion over the 4^th of July holiday period.

Pursuant to the request of the Minnesota Department of Transportation and 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 City Administrator, after consulting with City Attorney William Briggs as to wording for a letter to MnDOT advising that the City will hold the State harmless from all claims and liabilities arising from the City not fencing the holding pond located west of Roosevelt Avenue and north of the BNSF railroad.

Pursuant to the request of the Chamber of Commerce and upon the recommendation of the Public Works Committee, a motion was made by Alderman Hannon, seconded by Alderman Aune and carried, without a dissenting vote, approving their request to use the City Park for the 29^th Annual Arts and Crafts in the Park on July 29, 2007, and waive the Pavilion rental fee.

Pursuant to the request of the Street Faire Committee and upon the recommendation of the Public Works Committee, a motion was made by Alderman Hannon, seconded by Alderman Aune and carried, without a dissenting vote, approving their request to close the following City streets for the Eighth Annual Street Faire at the Lakes on May 30, 2008 through June 1, 2008.

1) Washington Avenue, from Frazee Street to Highway 10;

2) Holmes Street from Lake Avenue to the alley behind Lund’s Office Supply; and

3) Front Street from Lake Avenue to the alley behind Beug’s Ace Hardware.

Upon the recommendation of the Public Works Committee, a motion was made by Alderman Hannon, seconded by Alderman Aune and carried, without a dissenting vote, approving the request of The Refuge to use the City Park and bandshell for the 2^nd Annual Fall Harvest Music Festival on August 23, 2008.

Upon the recommendation of the Public Works Committee, a motion was made by Alderman Hannon, seconded by Alderman Aune and carried, without a dissenting vote, approving the American Legion Campground Operating Statement for the period ended December 31, 2007.

Pursuant to the recommendation of the Public Works Committee, a motion was made by Alderman Hannon, seconded by Alderman Aune and carried, without a dissenting vote, approving the issuance of a one-day transient merchant’s license for T.A.P. Enterprises, Inc., allowing them to conduct a tool and general merchandise sale at the National Guard Armory on February 14, 2008.

Pursuant to the request of Twin Cities Power Board Association and the recommendation of the Tourism Bureau and the Public Works Committee, a motion was made by Alderman Imholte, seconded by Alderman Anderson and carried, without a dissenting vote, approving their request to use the City Beach near Zorbaz, close West Lake Drive by the Rossman Boat Landing from noon until 6:00 P.M., use of the County Fairgrounds for a pit area and cordon off a portion of the Lake on June 7-8, 2008, subject to Twin Cities Power Boat Association meets with the appropriate City and County officials to make sure that any regulations or requests are adhered to for safety reasons.

Upon the recommendation of the Finance Committee, a motion was made by Alderman Anderson, seconded by Alderman Imholte and carried, without a dissenting vote, approving the quote of Green’s Plumbing and Heating, Detroit Lakes, Minnesota, in the amount of $35,500.00, to purchase and install a gas boiler at the Public Library, such funds to be allocated from the Liquor Fund. Mayor Buboltz advised that there will also be a $2,000.00 fee for gas hookup.

Pursuant to the recommendation of the Finance Committee, A motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting to enter into a contract with Lucky Dog Board and Training Center for housing stray cats and dogs for 2008.

Upon the recommendation of the Finance Committee, a motion was made by Alderman Anderson, seconded by Alderman Heltemes and carried without a dissenting vote, approving the following fee schedule for 2008:

PINE TO PALM COURSE:

Green Fees:

18 Holes (Wkdays/wkends & Holidays) $36.00/40.00

9 Holes 20.00

Twilight (After 3PM) 26.00

Fall Rate (Beginning Oct. 1) 20.00

Two for One Promotion (W/Restrictions) 36.00

MN Golf Trail Discount Rate 25.20

Carts:

18 Holes $28.00

9 Holes 15.00

Single Rider 14.00

Cart Book (22 Half Cart Punches) 280.00

Twilight Cart (After 3 PM) 12.00

Rate For Early Paymt.

Memberships: Discount By April 1st

Family N/A N/A

Husband and Wife $925.00 $880.00

Single 560.00 530.00

Single Twilight (After 3PM) Beg June 1 360.00 N/A

Student (19-22) 245.00 232.00

Junior (12-18) 8 Yrs with Certificate 165.00 157.00

LAKEVIEW EXECUTIVE COURSE:

Green Fees:

18 Holes $23.00

9 Holes 14.00

Twilight (After 3PM) 14.00

Two for One Promotion (W/Restrictions) 23.00

Junior Play on Thursdays 3.00

Senior Green Fee (7-12 AM Mon. & Wed.) 12.00

Carts:

18 Holes $21.00

9 Holes 12.50

Single Rider 10.50

Cart Book (11 Tickets) 210.00

Senior Cart (7-12 AM Mon. & Wed.) 7.00

Rate For Early Paymt.

Memberships: Discount by April 1st

Family $620.00 $590.00

Husband and Wife 505.00 480.00

Single 350.00 335.00

Single Twilight (After 3 PM) 310.00 295.00 Student (19-22) 155.00 150.00

Junior (12-18) 8 yrs With Certificate 130.00 125.00

COMBINED MEMBERSHIP: (BOTH COURSES)

Husband and Wife $1085.00 $1030.00

Single 670.00 635.00

Single Twilight (After 3 PM) 415.00 395.00

Student (19-22) 310.00 295.00

Junior (12-18) 8 yrs. With Certificate 205.00 195.00

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

Children 18 and Under 75.00

Upon the recommendation of the Finance Committee a motion was made by Alderman Hannon, seconded by Alderman Aune and carried, without a dissenting vote, accepting the work and authorizing final payment to Spruce Valley Corporation, in the amount of $168,782.58, for construction of the 2006 sanitary and watermain improvements on Long Lake Road, Phase 2 and Ridgewood Estates.

Upon the recommendation of the Finance Committee a motion was made by Alderman Hannon, seconded by Alderman Aune and carried, without a dissenting vote, accepting the work and authorizing final payment to Feldt Plumbing LP, in the amount of $30,044.25, for construction of the 2006 utility and street improvements on Clear Creek Addition, Phase I.

Pursuant to the request of Mayor Buboltz and upon the recommendation of the Finance Committee, a motion was made by Alderman Anderson, seconded by Alderman Imholte and carried, without a dissenting vote, allocating $5,000.00 from the Liquor Fund to help with the expenses associated with the “Capital for a Day” being held in Detroit Lakes May 14, 2008.

Upon the recommendation of the Public Safety Committee, a motion was made by Alderman Aune, seconded by Alderman Tucker and carried, without a dissenting vote, approving the issuance of a permit to the VFW allowing them to conduct a “Loyalty Day Parade” on April 26, 2008, subject to approval of the route.

Pursuant to the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Hannon, seconded by Alderman Aune and carried, without a dissenting vote, approving the issuance of a permit to consume at the Freeman Arena for the Lake Region Home Builders Home and Garden Show Banquet on March 29, 2008.

Upon the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Hannon, seconded by Alderman Aune and carried, without a dissenting vote, approving the following gambling applications;

1) American Legion Post 15 for gambling at their club at 810 West Lake Drive and at the Holiday Inn, 1155 Highway 10 East;

2) Eagles Aerie 2342 Past Presidents Club for gambling at the Eagles Club, 112 Holmes Street West; and

3) Ducks Unlimited Lakes Area Ladies Chapter for gambling at the Holiday Inn on March 15, 2008.

Pursuant to the request of the Detroit Lakes Community and Cultural Center and upon the recommendation of the Liquor/Gambling Committee, a motion was made by Alderman Heltemes, seconded by Alderman Imholte and carried, without a dissenting vote, authorizing the donation of $100.00 from the Liquor Fund for the “After School Arts Program” for youth.

Upon the recommendation of the Public Utilities Commission, a motion was made by Alderman Heltemes, seconded by Alderman Anderson and carried, without a dissenting vote, approving Change Order G-3 to the Tradesman Construction, Inc., Contract relative to the electric utility work center which would be a $38.00 deduct to the contract.

Mayor Buboltz informed the Council that the Becker County Assessor has notified the City that the Board of Review for 2008 assessments will be held in the Becker County Courthouse on April 30, 2008, at 10:00 A.M. Pursuant to the recommendation of the Mayor, a motion was made by Alderman Tucker, seconded by Alderman Anderson and carried, without a dissenting vote, appointing Aldermen Anderson, Imholte, Heltemes and Aune and Mayor Buboltz and Alderman Tollefson as alternates to the Board of Equalization and setting a per diem of $100.00.

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

David Gunderson dba Plumbers, Inc., Fergus Falls;

Rich Sonnenberg dba Sonnenberg Plumbing, Vergas;

Seth Hanson dba Modern Heating and Plumbing, Inc.; and

Chester Laney dba Valley Plumbing, Fargo.

A motion was made by Alderman Hannon, seconded by Alderman Aune and carried, without a dissenting vote, approving the issuance of a cigarette license, for one year, to Shorewood Pub, Inc., 1745 Long Bridge Road, pursuant to their application and $100.00 fee.

Pursuant to the recommendation of the Finance Committee, a motion was made by Alderman Hannon, 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 $5,091,980.41 as of February 29, 2008, be accepted, approved and placed on file.

Pursuant to the recommendation of the Finance Committee, a resolution was introduced by Alderman Hannon, who moved its adoption, approving the payment of claims paid by proper authorization covering the period January 8, 2008, through February 12, 2008,in the amount of $7,086107.75. 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 Hannon, seconded by Alderman Aune and carried, without a dissenting vote, that the County Court Report for December, 2008, 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 Anderson, seconded by Alderman Heltemes and carried, without a dissenting vote, authorizing the attendance of Council and staff to the Chamber of Commerce Economic Development Session at the Northwest Community College on March 7, 2008.

There being no further business to conduct, Mayor Buboltz, by general consent, adjourned the meeting. (6:36 P.M.)

Respectfully submitted,

Lynne Krieger

Asst. City Administrator