Government/Council Minutes

Detroit Lakes, Minnesota

March 11, 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 March 11, 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; Assistant City Attorney Charlie Ramstad; City Administrator Robert Louiseau; Assistant City Administrator Lynne Krieger; Finance Officer Louis Guzek; 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, Brenk, Heltemes, Imholte, Tollefson, Tucker and Zeman.

Absent. Alderman Hannon; Community Development Director Larry Remmen and Fire Chief Jeffrey Swanson.

There being no corrections or additions to the minutes of the regular Council Meeting held February 12, 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 proposed sanitary sewer, watermain and street improvements on Tower Road west to the electric utility work center, the Mayor called the hearing to order at 5:04 P.M. City Engineer Gary Nansen reviewed the proposed improvements and advised the audience that the total project cost is estimated at $841,000.00 of which $474,500.00 is estimated to be assessable. Questions were asked about annexation and assessment policies. Gary Nansen advised that since Tower Road was recently designated as a MSA Street, most of the street construction costs are eligible for state aid funds. Tom Mack, 26430 North Tower Road, spoke in opposition of the project and expressed concern the berm used for screening will change the water flow and cause flooding on his property and also commented on the placement of the electric utility work center driveway. City Administrator Robert Louiseau advised that staff is working on alternatives for screening rather than the berm. Barb Schmidt, 26324 North Tower Road, spoke in opposition of the project. Jim Schmitz, 26394 Tower Road, expressed his concern about the semis using his driveway for a turn around. Mayor Buboltz asked Public Utilities Superintendent Curt Punt to look into this matter. There being no further comments, Mayor Buboltz closed the hearing at 5:36 P.M. and reconvened the regular Council Meeting.

Upon the recommendation of the Public Works Committee, a resolution was introduced by Alderman Imholte, who moved its adoption, ordering the sanitary sewer, watermain and street improvements, accepting the plans and specifications and authorizing the advertisement for bids for Tower Road west to the electric utility work center. 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.

Upon the recommendation of the Public Works Committee, a motion was made by Alderman Imholte, who moved its adoption, declaring the official intent of the City to reimburse certain expenditures from the proceeds of bonds to be issued for expenditures on Tower Road west to the electric utility work center. 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.

A motion was made by Alderman Brenk, seconded by Alderman Anderson, to table the first reading of an ordinance amending Section 24 of the Zoning Ordinance relative to billboards/off-premise signs and referred the proposed ordinance back to the Community Development Committee giving City staff time to compile additional information for the Community Development Committee, along with the recommendations of the Billboard Committee and Planning Commission. Discussion was held on clarifying the motion. Alderman Hannon requested a roll call vote and the following vote was recorded: Ayes: Aldermen Aune, Anderson, Brenk, Tollefson and Zeman; Nayes: Aldermen: Heltemes, Imholte and Tucker. The Mayor declared the motion carried.

A motion was made by Alderman Brenk, seconded by Alderman Anderson and carried, without a dissenting vote, calling for a public hearing on the extending the moratorium on advertising and motion signs until May 13, 2008.

Cindy Anderson, Chair of the Billboard Committee, appeared before the Council and explained the procedure that the Committee used and asked the Council that if they deviate from the recommendations of the Billboard Committee to take into account that up until this time every member on the Committee was in agreement with these recommendations. Dan Franklin, Franklin Outdoor Advertising, expressed his concern about grouping the off-premise and on-premise signs together relative to square footage. He stressed that a 10’ x 30’ size for on-premise signs works very well. Harold Newman, Newman Outdoor Advertising, Jamestown, North Dakota, spoke in opposition of combining the square footage of an existing on-premise sign with an off-premise sign when calculating limits and expressed his concern about it eliminating any off-premise signs adjacent to the main traveling way. Tom Klyve, 1030 Summit Avenue, Sharon Josephson, 1567 East Shore Drive, and Glenn Gifford, 1421 Hawthorne Street, members of the Billboard Committee, spoke in favor of the Billboard Committee’s recommendations and the many hours spent on establishing these recommendations. Bill Henke, 926 South Shore Drive, urged the Council to reconsider the Billboard Committee’s recommendations and commitment. Mayor Buboltz thanked the members of the Billboard Committee for all their work.

Pursuant to the recommendations of the Planning Commission which were submitted to the Council and upon the recommendation of the Community Development Committee, a motion was made by Alderman Brenk, seconded by Alderman Anderson and carried, without a dissenting vote, approving the issuance of a variance for a 25 foot front yard setback allowing construction of a 20’ x 26’ addition to a building at 1106 8^th Street Southeast.

Upon the recommendation of the Community Development Committee, a motion was made by Alderman Brenk, seconded by Alderman Tollefson and carried, without a dissenting vote, introducing for its second reading Ordinance No. 318 amending Sections 11, 12 and 13 of the Parking Ordinance allowing public parking as a permitted use in the “B-1”, “B-2” and “B-3” Business District. Terri Usher, Action Realty, spoke in favor of the ordinance.

Pursuant to the request of Handgun Properties, Inc. and upon the recommendation of the Community Development Committee, a motion was made by Alderman Brenk, seconded by Alderman Tollefson and carried, without a dissenting vote, authorizing the Mayor and City Administrator to enter into an Encroachment Easement Agreement allowing Handgun, Inc. to encroach upon the City’s easement on Oak Street for purposes of construction repair, maintenance of a building.

Upon the recommendation of the Community Development Committee, a motion was made by Alderman Brenk, seconded by Alderman Anderson and carried, without a dissenting vote, introducing for its second reading Ordinance No. 319 amending Section 1007.07 of the City Code relative to trout waters as required for the City’s MS4 Permit and authorization to publish a summary of the ordinance.

City Administrator Robert Louiseau advised that The State Board of Review will be considering the nomination of the Detroit Lakes City Park, Washington Avenue and North Shore Drive, to the National Register of Historic Places on March 25, 2008, in St. Paul and asked the Council’s opinion. After discussion of the advantages and disadvantages, a motion was made by Alderman Tucker, seconded by Alderman Aune and carried, without a dissenting vote, to refer to City staff and use their discretion in making a decision after obtaining further information.

Pursuant to 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 building permits for the month of February, 2008, in the estimated construction value of $61,503.00, 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.

Mark Greenig, representing the Park Board, appeared before the Council and briefly reviewed the 2007 Summer Recreation Final Report.

Dan Wenner, representing the Park Board, and reviewed the Comprehensive Park and Non-Motorized Recreational Trail Program with the Council.

Brad Green, Public Works Director, reviewed the 2007 Annual Public Works Report with the Council.

Upon the recommendation of the Public Works Committee, a resolution was introduced by Alderman Imholte, who moved its adoption, requiring that parking of all vehicles within the City of Detroit Lakes, on Tower Road, State Aid No. 129, be parallel with the curb in accordance with the State Aid Standards. The motion for the adoption of the resolution was seconded by Alderman Zeman and carried without a dissenting vote. The Mayor declared the resolution adopted.

Upon the request of Cara Frank, Admiral of the 73rd Annual Northwest Water Carnival, the motion was made by Alderman Zeman, seconded by Alderman Heltemes and carried, without a dissenting vote, approving the issuance of the following permits:

1) Pet and Doll Parade – July 19, 2008;

2) 73rd Annual Parade of the Northwest – July 20, 2008;

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. – 10:00 P.M., July 16,

2) 2008, City Park parking lot;

3) 5K/10K Mile Walk-Run at 6:30 A.M. – 10:00 A.M., July 19, 2008, 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 19, 2008, Washington Avenue from Holy Rosary parking lot to City Park;

5) Parade of the Northwest at 1:00 P.M., July 20, 2008, State Street to Summit Avenue to Front Street to Washington Avenue to West Lake Drive to Summit Avenue; and

6) Classic Car Show, July 19, 2008, 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 20, 2008;

2) City Beach, Park and Pavilion July 11-20, 2008; and

3) City Band Shell, July 11-20, 2008.

Pursuant to Public Works Director Brad Green obtaining quotes for a payloader, the following quotes were received:

Bidder Bid Amount

Titan Machinery $146,179.00

Minnesota State Contract

Case 821E

Sweeney’s Equipment 152,860.00

Volvo L-110E

RDO Equipment Company 162,070.00

John Deere 644J

Upon the recommendation of the Public Works Committee, a motion was made by Alderman Zeman, seconded by Alderman Imholte and carried, without a dissenting vote, accepting the State bid of Titan Machinery, in the amount of $146,179.00 for a Case 821E Payloader.

Upon the recommendation of the Public Works Committee, a motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting vote, designating April 25, 2008, for the Arbor Day Celebration.

Pursuant to the recommendation of the Public Works Committee, a motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting vote, approving the issuance of a fertilizer license to Valley Chemical Labs, Inc. dba TruGreen for 2008.

Upon the recommendation of the Public Works Committee, a motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting vote, approving the issuance of a dock license to Cole Hanson/David Squires allowing a private dock at 408 West Lake Drive.

Pursuant to the recommendation of the Public Utilities Commission, a motion was made by Alderman Tollefson, seconded by Alderman Imholte and carried, without a dissenting vote, approving entering into an agreement with Missouri River Energy Services extending their Capacity Purchase Agreement from December 2008, to December 2018, for purchasing power from the Detroit Lakes Utilities Gas Turbine.

Alderman Aune advised the Council that the Public Safety Committee recommends no action to the request of James Gunthrope, 420 Central Street West, to amend Section 502.10, Subdivision, Item 2 of the City Code to lower the liability insurance requirements for registering “potentially dangerous dogs”. Since the applicant cannot obtain liability insurance in the amount required, he will be removing the dog from the City limits on Sunday, March 16, 2008. A motion was made by Alderman Aune, seconded by Alderman Tucker and carried, without a dissenting vote, to return the $200.00 fee for registering a “potentially dangerous dog” to Mr. Gunthrope.

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, authorizing the Police Chief to sell a 2003 squad car to the Motley Police Department for $3,500.00.

Pursuant to the recommendation of the Public Safety Committee, a motion was made by Alderman Aune, seconded by Alderman Tucker and carried, without a dissenting vote, authorizing the issuance of a permit to exceed noise limits to Lakeside Tavern for July 3-5, 2008.

Upon the recommendation of the Public Safety Committee, a motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting vote, to approve the issuance of a license to the Eagles Aerie 2342 allowing them to conduct a street dance on May 31, 2008, in conjunction with the Street Faire.

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 Fire Chief Jeffrey Swanson to the Fire Chief’s Board Meeting in Brainerd on March 14-16, 2008.

Pursuant to the request of Brian Johnson/The Bridge and upon the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Heltemes, seconded by Alderman Tollefson and carried, without a dissenting vote, amending The Bridge’s premise description on their on-sale intoxicating liquor license to include his dock up to the boathouse.

Upon the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Heltemes, seconded by Alderman Tollefson and carried, without a dissenting vote, approving the issuance of an on-sale and Sunday intoxicating liquor licenses for the period April 1, 2008, through December 31, 2008, to The Bridge.

Upon the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Anderson seconded by Alderman Aune and carried, without a dissenting vote, approving the issuance of the following temporary on-sale 3.2 malt liquor licenses to the Detroit Lakes Jaycees for the 73rd Annual Northwest Water Carnival:

1) July 16-20, 2008, at the Pavilion and the enclosed area attached to the

south side of the Pavilion; and

2) July 12, 2008, at the Becker County Fairgrounds in an enclosed

area.

Upon the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting vote, approving the issuance of a temporary on-sale intoxicating liquor license to the Sandbar II to sell alcohol at the National Guard Armory for a wedding on March 13, 2008.

Pursuant to the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting vote, approving the issuance of a temporary on-sale intoxicating liquor license to the Eagles Aerie 2342 to sell alcohol at the Street Faire on May 31-June 1, 2008, on Holmes Street in front of their club.

Upon the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting vote, approving the issuance of a permit to consume alcoholic beverages at the Pavilion for the Teschendorf Family Reunion on June 15, 2008.

Pursuant to the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting vote, approving the issuance of a permit to consume alcoholic beverages at the Pavilion for the Paul Bruggeman and Elise Lehr wedding reception on June 13, 2008.

1) Detroit Lakes Lions Club for gambling (raffle) at the Speak Easy

on April 15, 2008; and

2) Minnesota Conservation Federation for gambling (raffle) at the Best Western Holland House on September 13, 2008.

A motion was made by Alderman Heltemes, seconded by Alderman Aune and carried, without a dissenting vote, approving the contribution of $50.00 for the Area Landowners Appreciation Dinner at the Holiday Inn.

A motion was made by Alderman Heltemes, seconded by Alderman Tollefson and carried, without a dissenting vote, approving a contribution of $250.00 to the Detroit Lakes Jaycees to assist in the expenditures of the Water Carnival.

A motion was made by Alderman Heltemes, seconded by Alderman Zeman and carried, without a dissenting vote, approving the issuance of a temporary on-sale intoxicating liquor license for the Holiday Inn at the Detroit Lakes Community and Cultural Center March 1, 2008.

A motion was made by Alderman Heltemes, seconded by Alderman Zeman and carried, without a dissenting vote, for a temporary on-sale intoxicating liquor license for the Sandbar II at the Detroit Lakes Community and Cultural Center March 15, 2008.

A motion was made by Alderman Heltemes, seconded by Alderman Zeman and carried, without a dissenting vote, approving the following gambling applications:

1) Becker County Agricultural Society for bingo and raffles at the Becker County Fairgrounds July 23-26, 2008; and

2) Detroit Lakes Shrine Color Guard for gambling at the Speak Easy.

3) Lakes Area Gobblers for a raffle.

A motion was made by Alderman Heltemes, seconded by Alderman Zeman and carried, without a dissenting vote, approving the issuance of a permit to consume alcoholic beverages at the Pavilion for the Erica Marshall wedding party on May 23, 2008.

Upon the recommendation of the Mayor, a motion was made by Alderman Anderson, seconded by Alderman Heltemes and carried, without a dissenting vote, appointing Don Schattschneider to a three-year term on the Detroit Lakes Tourism Bureau effective March 31, 2008.

Pursuant to the recommendation of the Mayor, a motion was made by Alderman Imholte, seconded by Alderman Heltemes and carried, without a dissenting vote, appointing Lynn Hummel to the Holmes Center, Inc. Board of Directors for the period April 1, 2008, through March 31, 2010.

Upon the recommendation of the Mayor, a motion was made by Alderman Imholte, seconded by Alderman Heltemes and carried, without a dissenting vote, appointing Greg Potvin to the Holmes Center, Inc. Board of Directors for the period April 1, 2008, through March 31, 2009.

A motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting vote, authorizing the attendance of staff to the 2008 League of Minnesota Cities Insurance Trust Safety and Loss Control Workshops in Fergus Falls, March 26, 2008 or Crookston, March 25, 2008.

A motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting vote, approving the issuance of a plumbing license for Daniel Maloney dba Maloney’s Plumbing for 2008, pursuant to his application, compliance bond 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 a cigarette license for one year to Cenex Convenience Store, 911 East Highway 34, pursuant to their application and $100.00 fee.

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, that the trial balance, submitted by Finance Officer Louis Guzek, showing the balance in the City treasury to be in the amount of $4,420,463.18 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 Anderson, who moved its adoption, approving the payment of claims paid by proper authorization covering the period February 13, 2008, through March 11, 2008, in the amount of $3,210,844.15. The motion for the adoption of the resolution was seconded by Alderman Aune and carried without a dissenting vote. The Mayor declared the resolution adopted.

The motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting vote, that the County Court Report for January, 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 Aune and carried, without a dissenting vote, authorizing the attendance of Brennon Raser to the Annual Minnesota Shade Tree Short Course at Arden Hills, Minnesota, on March 25-26, 2008.

There being no further business to conduct, Mayor Buboltz, by general consent, adjourned the meeting. (6:50 P.M.)

Respectfully submitted,

Lynne Krieger

Asst. City Administrator