Government/Councilminutes

Detroit Lakes, Minnesota

March 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, March 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; Liquor Store Manager Bradley MacMaster and Fire Chief Jeffrey Swanson.

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

Absent: None.

There being no corrections or additions to the minutes of the regular Council Meeting held February 1, 2005, the Mayor declared that they would stand approved according to copies of the 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 for various local streets, the Mayor called the hearing to order at 5:03 P.M. Upon Mayor Buboltz’s request, City Engineer Gary Nansen summarized the proposed project. He advised that the basis for these improvements is the revised street maintenance policy for seal coat which reduces the seal coat scheduled frequency and places increased emphasis on bituminous surface rehabilitation and replacement. He advised that the proposed improvements would consist of mill and overlay or bituminous replacement with the exception of Homestead street which would involve new street construction but does not include curb and gutter. He further informed the audience that the total estimated project cost would be $1,189,500.00 of which $708,450.00 would be assessable. He advised that the City Administrator will be sending out surveys to all affected property owners asking if a property owner has had maintenance difficulties with their sewer and water service, so these utilities can be repaired/replaced prior to the resurfacing of the street. Upon inquiry, City Engineer Gary Nansen advised that the Edgewater Condominiums and Edgewater Beach Club would be assessed $270.00 per unit for their street improvements. Mayor Buboltz then called for comments and Hannah Christensen, 913 Pembina Trail, opposed the mill and overlay improvements on Pembina Trail because the street needs to be reconstructed. Keith Geisen, 403 Knollcrest Avenue, opposed the new street construction for Homestead Street. Upon Alderman Imholte’s inquiry, City Administrator Richard Grabow advised that Don McGillis, a resident of Pembina Trail, was going to talk to his neighbors to see if they were interested in street reconstruction rather than mill and overlay on Pembina Trail but he did not contact Mr. Grabow about the results. There being no further comments, Mayor Buboltz closed the hearing at 5:35 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 with the exception of Curry Avenue and Pembina Trail:

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 Frontage Road to Northland Avenue;

7) Broadway Avenue, from Frontage Road to Homestead Street;

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

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

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

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

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

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

14) Park Lake Boulevard, from North Shore Drive to North ShoreDrive;

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

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

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

18) Kenneth Street, from End (700’ West of Willard) to Willard Avenue;

19) Villa Lane, from West Lake Drive to West Lake Drive; and

20) Highwood Circle, from Villa Lane to End (cul-de-sac).

21) Homestead Street

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. Alderman Imholte suggested that the Street and Park Committee re-analyze the proposed improvements on Pembina Trail, from Corbett Road to Lori Avenue.

Mayor Buboltz called to order a hearing at 5:40 P.M. to consider the matter of a reported nuisance at 224 Shorewood Drive. Building Official Calvin Mayfield advised the Council that the property has not been cleaned up. There being no written or oral comments, Mayor Buboltz closed the hearing at 5:40 P.M. and reconvened the regular Council Meeting. 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 location set forth above due to the accumulation of debris, i.e. bags of household garbage, boxes of empty beer bottles and food in the yard at 224 Shorewood Drive, that the nuisance was not terminated or abated by the property owner after notice and order to do so duly given by the City; that the City shall abate the nuisance at 224 Shorewood Drive on March 7, 2005.

Pursuant to the request of the Becker County Board of Commissioners, a motion was made by Alderman Anderson, seconded by Alderman Brenk and carried, without a dissenting vote, supporting the proposed expansion of the Becker County Courthouse at its present location as presented to the Finance Committee.

Pursuant to the request of the Becker County Board of Commissioners and 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, to support the development of a parking ramp on City property west of the Washington Square Mall in conjunction with the planned expansion of the Becker County Courthouse. Becker County Commissioner Harry Salminen thanked the Council for their support.

Upon the recommendation of the Street and Park Committee, a resolution was introduced by Alderman Imholte, who moved its adoption, approving final layout for S.P. 0301-47, Trunk Highway 10, Trunk Highway 59 and Trunk Highway 34 (Highway 10 Reconstruction Project). The motion for the adoption of the resolution was seconded by Alderman Hannon. Alderman Imholte advised that several changes were made in the design of the improvements on Highway 10 Corbett Road , Chris Street accesses. Mayor Buboltz then called the question and the motion for the adoption of the resolution carried unanimously.

Pursuant to the recommendation of the Community Development Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, accepting the feasibility report, ordering the improvements and preparation of plans and specifications for construction of utility and street improvements for Lake Forest Fifth Addition contingent upon execution of a developer’s agreement. The motion for the adoption of the resolution was seconded by Alderman Brenk. City Engineer Gary Nansen summarized the proposed project which includes sewer, water and street improvements for the estimated cost of $405,800.00 of which $320,700.00 is assessable. The Mayor then called the question and the motion for the adoption of the resolution carried unanimously.

Upon the recommendation of the Community Development Committee, a motion was made by Alderman Anderson, seconded by Alderman Brenk and carried, without a dissenting vote, introducing for its second reading and adoption Ordinance No. 268, an ordinance rezoning 615 Airport Road from “R-A” to “B-2” General Commercial District.

Pursuant to the recommendation of the Community Development Committee, a resolution was introduced by Alderman Aune, who moved its adoption, annexing the Richard and Lynn Pettit Property and Long Lake Road in Lake View Township. 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 recommendation of the Community Development Committee, a resolution was introduced by Alderman Aune, who moved its adoption, annexing the Richard and Lynn Pettit Property and Long Lake Road in Detroit Township. 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 Menard, Inc. and upon the recommendation of the Community Development Committee, a motion was made by Alderman Aune, seconded by Alderman Heltemes and carried, without a dissenting vote, authorizing the City Engineer to prepare a feasibility report on construction of water, sewer and street improvements on a portion of Airport and Wenner Road.

Pursuant to the request of Pinacle Land Development and upon the recommendation of the Community Development Committee, a resolution was introduced by Alderman Tucker, who moved its adoption, authorizing a feasibility study on construction of water, sewer, storm sewer and street improvements for Clear Creek, Phase I. 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.

Pursuant to the request of Pinacle Land Development and upon the recommendation of the Community Development Committee, a motion was made by Alderman Tucker, seconded by Alderman Brenk and carried, without a dissenting vote, to deny Pinacle Land Development’s request for the City to engineer the Storm Water Retention Plan for Clear Creek and include the cost in the assessments.

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, authorizing the attendance of Building Official Calvin Mayfield to attend the Association of Minnesota Building Officials March 2005 Seminar in Maplewood on March 14-16, 2005.

A motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting vote, that building permits for the month of February, 2005, in the estimated construction value of $493,837.00, 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.

Pursuant to International Hockey Schools, Inc. having a new owner and 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, authorizing the Mayor and City Administrator to enter into an Assignment and Assumption of Arena Lease Agreement and Landlord’s Consent with the new owners of the International Hockey Schools, Inc.

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 the City Engineer to request MSA designations of West Willow Street, from Cheryl Avenue to Trunk Highway No. 59, contingent upon Becker County’s revocation of County Road No. 148 and acceptable terms for the revocation.

Pursuant to the request of the Detroit Lakes Regional Chamber of Commerce and upon the recommendation of the Street and Park Committee, a motion was made by Alderman Hannon, seconded by Alderman Imholte and carried, without a dissenting vote, approving the closing of the following City streets from 3:00 P.M. June 3, 2005, to 8:00 P.M. June 5, 2005, for the Street Faire, such approval is subject to no stakes being driven into the streets to support canopies or any other reason:

*Washington Avenue from Frazee Street to Highway 10;

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

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

Upon the recommendation of the Street Commissioner and Street and Park Committee, a motion was made by Alderman Hannon, seconded by Alderman Tollefson and carried, without a dissenting vote, authorizing the purchase of a new Toro Groundmaster Lawn Mower from the State Contract for $47,437.00.

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, designating April 29, 2005, as the Arbor Day Celebration.

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, approving the issuance of a fertilizer license to Peplawn for 2005, pursuant to their application and $25.00 fee.

Pursuant to 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 the City Administrator to send a letter to the Canadian Pacific Railroad requesting improvements to the railroad crossings at Willow Street, West Main Street, Holmes Street and Legion Road and consider crossing arms at Legion Road.

Upon the recommendation of the Finance Committee, a motion was made by Alderman Brenk, seconded by Alderman Anderson and carried, without a dissenting vote, authorizing the Mayor and City Administrator to enter into a Lease Modification Agreement with the Detroit Country Club, Inc., modifying the rent amount in the Lease Agreement as follows:

1) For Calendar Year 2005, the sum of $61,000.00;

2) For the Years 2006 through the end of the Lease term an

amount equal to eight percent of the green fees collected

annually at the Lakeview Golf Course; and

3) It is understood and agreed that the Landlord will use said

rental amount for general government purposes to the

extent that Landlord deems necessary, with the balance of the rent to be paid into a reserve fund for use by the Tenant upon approval of the Landlord.

Pursuant to the recommendation of the Finance Committee, a resolution was introduced by Alderman Brenk, who moved its adoption, to not purchase excess liability “Umbrella” insurance coverage for 2005. 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 the recommendation of the Finance Committee, a motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting vote, approving Change Order No. 2 and 3 to the contract with R.A. Bristlin and Son, Inc., for construction of the six-unit T-hangar at the Detroit Lakes Airport, accepting the work and authorizing final payment in the amount of $7,243.52.

Upon the recommendation of the Public Safety Committee, a motion was made by Alderman Heltemes, seconded by Alderman Tollefson and carried, without a dissenting vote, accepting the resignation of Police Officer Anthony Boverhuis and authorizing the Police Chief to proceed with filling the vacancy, pursuant to Police Civil Service Rules and Regulations.

Upon the recommendation of the Public Safety Committee, a motion was made by Alderman Heltemes, seconded by Alderman Tollefson and carried, without a dissenting vote, introducing for its first reading an ordinance adding Section 601.09 and amending Section 702.05 in the City Code regarding background investigations.

Pursuant to the recommendation of the Public Safety Committee, a motion was made by Alderman Heltemes, seconded by Alderman Hannon to place a street light at the intersection of Highway 10 and Ox Cart Trail. Alderman Heltemes spoke in favor of the light because of safety issues. Alderman Tollefson and Tucker based their opposition to the light on the Police Department Report which stated there were no reports of motor vehicle accidents at that location in the last three years. Aldermen Imholte and Tucker asked that the placement of this street light be delayed because a future development is being proposed for that area and it may be more cost effective to place a street light in that location at that time. Public Utilities Superintendent Curt Punt questioned if the Department of Transportation would permit the placement of this light in their right-of-way and if not he advised the light may need to be set further back possibly defeating its purpose. By general consent, the Council deferred action on the placement of the street light giving the Public Safety Committee time to find out if a development would be constructed in the near future and if MnDOT would permit a street light in their right-of-way and what regulations would be in place.

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 Fire Department to apply for a 2005 Federal “Assistance to Firefighters” Grant (5% City match).

Pursuant to 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 the attendance of Loren Krause and Jeff Swanson to the BCA sponsored “Basic Fire/Arson Investigation” Course, March 9-11, 2005, in Hutchinson, Minnesota.

Pursuant to the request of the American Legion and upon the recom-mendation of the Public Safety Committee, a motion was made by Alderman Heltemes, seconded by Alderman Tollefson and carried, without a dissenting vote, approving the issuance of a dance permit to the American Legion allowing them to conduct a street dance in the parking lot on the west side of their building June 11, 2005, from 5:00 P.M. to 1:00 A.M. in conjunction with their 9^th District Convention.

Upon the Liquor/Gambling Control Committee, a motion was made by Alderman Aune, seconded by Alderman Brenk and carried, without a dissenting vote, endorsing Holland Lodging, Inc.’s proposal for special legislation to allow either the issuance of an on-sale intoxicating liquor license or wine and intoxicating malt liquor license to Lodge on the Lake, LLC.

The Council acknowledged the request of the Becker County Humane Society for support of their “Cause for Paws Capital Campaign” and will consider it at budget time.

Pursuant to the request of the Detroit Lakes Jaycees and 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 a $200.00 sponsorship fee for the 70th Annual Northwest Water Carnival.

Pursuant to the request of the Detroit Lakes Post Prom Committee and upon the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Aune, seconded by Alderman Brenk and carried, without a dissenting vote, approving the donation of $50.00 from the Liquor Fund for the Detroit Lakes Post Prom and $50.00 for the Detroit Lakes Grad Bash.

Upon 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 issuance of a temporary on-sale intoxicating liquor license to the American Legion allowing them to sell liquor in the west parking lot adjacent to their building June 11, 2005, in conjunction with their 9^th District Convention.

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, to approve the following gambling applications submitted by:

1) Mid-Nite Riders, Inc., for a raffle at the VFW Club on February 19, 2005;

2) Becker County Agricultural Society for bingo and raffles at the fairgrounds during the Becker County Fair July 27,-30, 2005;

3) American Legion for gambling at the Holiday Inn; and

4) Detroit Lakes Kiwanis Club for a raffle at Speak Easy on April 8, 2005.

Pursuant to the recommendation of the Public Utilities Committee, a motion was made by Alderman Tollefson, seconded by Alderman Hannon, approving the purchase of 71.1 acres of electric service territory from Ottertail Power Company at a cost of 11 mils per Kwh for all Kwh’s consumed by customers within the territory for a period of ten (10) years. Superintendent Curt Punt advised the Council that this territory consists of the recently annexed area being developed as Lake Breeze Estate. Mayor Buboltz then called the question and the motion carried unanimously.

Upon the recommendation of the Mayor, a motion was made by Alderman Aune, seconded by Alderman Hannon and carried, without a dissenting vote, appointing Alderman Bruce Imholte to a two-year term on the Detroit Lakes Community Education/Recreation Board effective July 1, 2005.

Pursuant to the recommendation of Mayor Buboltz, a motion was made by Alderman Brenk, seconded by Alderman Imholte and carried, without a dissenting vote, authorizing the attendance of Council and staff to the League of Minnesota Cities Legislative Conference March 31, 2005, in St. Paul.

A motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting vote, authorizing the attendance of staff to the League of Minnesota Cities 2005 Safety and Loss Control Workshop in Mahnomen on March 30, 2005.

A motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting vote, approving the issuance of plumbing licenses for Terrance Rocheford dba Rocheford Plumbing Company and Alan Weibye dba All American Plumbing and Heating, Horace, North Dakota, pursuant to their applications, compliance bonds and $25.00 fee.

A motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting vote, approving the issuance of cigarette licenses to Petro Plus Convenience Center and Cenex Convenience Store, for one year, pursuant to their applications and $100.00 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 $1,708,764.95 as of February 28, 2005, be accepted, approved and placed on file.

Pursuant to the recommendation of the Finance Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, approving the payment of claims paid by proper authorization covering the period February 2, 2005, through March 1, 2005, in the amount of $2,392,220.06. 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 Anderson and carried, without a dissenting vote, that the County Court Report for January, 2005, 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.

Upon the recommendation of the Community Development Committee, a resolution was introduced by Alderman Brenk, who moved its adoption, 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/Clear Creek/Glenn Freeland Property. The motion for the adoption of the resolution was seconded by Alderman Anderson. City Administrator Richard Grabow advised the Council that this action was previously approved at the February 1, 2005, City Council Meeting in the form of an ordinance but the State wants it as part of a resolution. The Mayor then called the question and the motion for the adoption of the resolution carried unanimously.

Pursuant to obtaining quotes for the rental of the Pavilion over the July 4^th holiday period, the high bidder was Mike Checkalski/Night Storm. Pursuant to the recommendation of the Street and Park Committee, a motion was made by Alderman Brenk, seconded by Alderman Hannon and carried, without a dissenting vote, accepting Mike Checkalski/Night Storm’s bid, in the amount of $2,775.00, to rent the pavilion over the 4^th of July Holiday Period.

Pursuant to the request of the 412 Chapter of the Antique Automobile Club of American, a motion was made by Alderman Brenk, seconded by Alderman Anderson and carried, without a dissenting vote, approving the use of the City Park on June 11, 2005, for their 2005 Charity Antique Car Show.

Upon the recommendation of the Street and Park Committee, a resolution was introduced by Alderman Imholte, who moved its adoption, establishing and designating Cheryl Avenue, from Legion Road to Willow Street, as a Municipal State Aid Street under the provisions of Minnesota law. 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 Street and Park Committee, a resolution was introduced by Alderman Imholte, who moved its adoption, establishing and designating Legion Road, from West Lake Drive to Cheryl Avenue, as a Municipal State Aid Street under the provisions of Minnesota law. 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 recommendation of the Street and Park Committee, a resolution was introduced by Alderman Imholte, who moved its adoption, establishing and designating Madison Avenue, from North Shore Drive to Willow Street, as a Municipal State Aid Street under the provisions of Minnesota law. 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 Street and Park Committee, a resolution was introduced by Alderman Imholte, who moved its adoption, establishing and designating Willow Street, from Cheryl Avenue to West Avenue, as a Municipal State Aid Street under the provisions of Minnesota law. 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.

There being no further business to conduct, by general consent, the Mayor adjourned the meeting (6:28 P.M.).

Respectfully submitted,

Lynne Krieger

Assistant City Administrator