Government/Minutes

Detroit Lakes, Minnesota

March 13, 2007

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 13, 2007, all members of the Council having been duly notified of the meeting and the business to be transacted.

Present: Mayor Larry G. Buboltz; Charles Ramstad, representing the City Attorney’s Office; City Administrator Richard Grabow; Assistant City Administrator Lynne Krieger; Finance Officer Louis Guzek; Community Development Director Larry Remmen; Public Works Director Bradley Green; City Engineer Gary Nansen; Police Chief Kelvin Keena; Liquor Store Manager Bradley MacMaster, Building Official Calvin Mayfield and Fire Chief Jeffrey Swanson.

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

Absent: Alderman Tollefson; City Attorney William Briggs and Public Utilities Superintendent Curt Punt.

A motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting vote, to correct the February 13, 2007, City Council Minutes to reflect that Tina Trujillo, 1264 Minnesota Avenue, sent a letter to the City Council in favor of the proposed street reconstruction of Minnesota Avenue, from Willow Street to West Lake Drive. Mayor Buboltz then declared the February 13, 2007, City Council Minutes, approved, as corrected.

Pursuant to Todd Simison submitting a landscape plan to the City on February 12, 2007, a meeting was held on February 28, 2007, to obtain input from the neighbors. 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, to approve the landscaping plan for TS Recreational, Inc., 28994 Highway 10 East.

Upon the recommendation of the Street and Park Committee, a resolution was introduced by Alderman Imholte, who moved its adoption, approving plans and specifications and authorizing calling for bids for proposed street and utility improvements for the following streets:

1) Curry Avenue, from Front Street to Highway 34;

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

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

4) North Washington Avenue, from Homestead Street South; and

5) Cormorant Avenue.

The motion for the adoption of the resolution was seconded by Alderman Hannon. Joe Stattelman, 931 Pembina Trail, appeared before the Council, representing his neighbors and expressed concerns relative to the maintenance and proper landscaping of the proposed storm water basin. Upon Mayor Buboltz’s request, City Engineer Gary Nansen, summarized the landscaping plans for storm water ponds. Mr. Stattelman suggested that trees or hedges could be planted. Alderman Imholte directed Public Works Director Brad Green to follow-up on the landscaping plan and review it with the neighbors in that area. The Mayor then called the question and the motion for the adoption of the resolution carried unanimously. Upon the inquiry of Dave Belware, 927 Pembina Trail, City Engineer Gary Nansen advised that a new plan has been made whereby the storm water basin has been shifted whereby it is not right up to the property line.

Upon the recommendation of the Community Development Committee, a motion was made by Alderman Brenk, seconded by Alderman Hannon and carried, without a dissenting vote, introducing, for its first reading of an ordinance establishing a moratorium on all billboards in the City of Detroit Lakes for one year. Mayor Buboltz advised that this ordinance would not affect on premise advertising signs.

Pursuant to 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 and adoption, Ordinance No. 308, annexing 1.4 acres of land in Lake View Township (1887 Bridgeview Boule

-vard/Nustad Property).

Upon the recommendation of the Community Development Committee and Building Official, a motion was made by Alderman Brenk, seconded by Alderman Tucker and carried, without a dissenting vote, to abate the nuisance at 613 Andrews Avenue, in two weeks if the nuisance is not cleaned up.

A motion was made by Alderman Heltemes, seconded by Alderman Aune and carried, without a dissenting vote, that building permits for the month of February, 2007, in the estimated construction value of $1,797,220.66, 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 the advertisement for bids for mill and overlay of various streets in the 2007 Local Street Improvement Project, the following bids were received and opened on February 27, 2007, at 2:00 P.M.

BIDDER BID AMOUNT

Lakes Paving, Inc. $205,321.46

P.O. Box 515

Detroit Lakes, Minnesota 56502

Central Specialties, Inc. 244,624.90

6325 County Road #87 S.W.

Alexandria, Minnesota 56308

Upon the recommendation of the Street and Park Committee, a resolution was introduced by Alderman Imholte, who moved its adoption, accepting the bid of Lakes Paving, Inc., in the amount of $205,321.46, for mill and overlay for the following streets: Juniper Drive, Birch Drive, Maple Drive, Oak Hills Drive, Cedar Avenue, Elm Street, and a portion of Grant Street, Robert Street, Langford Street, Lincoln Avenue, Lyndale Avenue, Hawthorne Street, Lori Avenue and the alley south of Elizabeth Street.

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 advertisement for bids for sanitary sewer and watermain improvements to Woodcrest Boulevard, Heather Lane, Sunset Park and River Hills RV Park, the following bids were received and opened on March 6, 2007:

BIDDER BID AMOUNT

Feldt Plumbing LP $291,295.57

28442 State Highway 34

Detroit Lakes, Minnesota 56501

Landwehr Construction, Inc. 392,374.25

P.O. Box 1086

St. Cloud, Minnesota 56302-1086

Mark & Brenda Construction, Inc. DBA 405,961.94

Delzer Construction

3208 East Fir Avenue

Fergus Falls, Minnesota 56537

Sellin Bros., Inc. 409,664.20

P.O. Box 159

Hawley, Minnesota 56549

Randy Kramer Excavating 446,692.64

P.O. Box 498

Watkins, Minnesota 55389

Quam Construction Company 469,960.90

P.O. Box 48

Willmar, Minnesota 56201

Christiansen Industrial Developers, Inc. 540,017.60

P.O. Box 456

Bemidji, Minnesota 55619

Upon the recommendation of the Street and Park Committee, a resolution was introduced by Alderman Imholte, who moved its adoption, accepting the bid of Feldt Plumbing, LP, Detroit Lakes, Minnesota, in the amount of $291,295.57, for sanitary sewer and watermain improvements to Woodcrest Boulevard, Heather Lane, Sunset Park and River Hills RV Park, contingent upon the approval of WE Fest owners of the River Hills RV Park and that the final plat of River Hills RV Park is recorded.

Pursuant to Resolution No. 03-07-1H adopted by the Becker County Board of Commissioners and upon the recommendation of the Street and Park Committee, a motion was made by Alderman Hannon, seconded by Alderman Brenk, accepting Becker County’s turnback to the City of County Road 24 (South Shore Drive) from County Road 53 (East Shore Drive) to County Road 22 (West Lake Drive) and County Road 53 (East Shore Drive) from Trunk Highway 10 to Trunk Highway 10. Mayor Buboltz instructed Public Works Director Brad Green to work with the Becker County Engineer to make sure Long Bridge is in good condition before the City accepts the turnbacks. Alderman Imholte also advised that part of the agreement was that the County will sealcoat and restripe these roads next year. Mayor Buboltz then called the question and the motion carried unanimously.

Upon the recommendation of the Street and Park Committee, a resolution was introduced by Alderman Hannon, who moved its adoption, establishing East Shore Drive, from Trunk Highway 10 to Trunk Highway 10 as a Municipal State Aid Highway. 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 Street and Park Committee, a resolution was introduced by Alderman Hannon, who moved its adoption, establishing South Shore Drive, from East Shore Drive to West Lake Drive as a Municipal State Aid Highway. 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.

Upon the request of the Holy Rosary Catholic Community and upon the recommendation of the Street and Park Committee, a motion was made by Alderman Zeman, seconded by Alderman Hannon and carried, without a dissenting vote, authorizing the Holy Rosary Catholic Community to build a bonfire on the City Beach for their Spring Interlude May 18, 2007.

Pursuant to the recommendation of the Street and Park Committee, a motion was made by Alderman Heltemes, seconded by Alderman Aune and carried, without a dissenting vote, authorizing the attendance of Park Supervisor Tom Gulon to the Best Practices for Parks and Outdoor Recreation in Two Harbors, Minnesota, on April 11-12, 2007.

Pursuant to the request of William Lykken and upon the recommendation of the Finance Committee, a motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting vote, authorizing the City Administrator, on behalf of the City, to enter into an agreement with Mr. Lykken to defer assessments on Lot 1, Block 2, Ridgewood Addition for two more years (2007 and 2008) if he donates this property to the City for the purpose of including it in the adjacent Sucker Creek Preserve.

Upon the recommendation of the Finance Committee, a motion was made by Alderman Heltemes, seconded by Alderman Aune and carried, without a dissenting vote, accepting the work and authorizing final payment to Sellin Bros., Inc., in the amount of $9,471.64, for construction of street and utility improvements to Lake Breeze Estates.

Pursuant to a draft letter from Becker County 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, supporting Becker County’s efforts to become a “Sustainable Community Initiative”.

Upon the recommendation of the Public Safety Committee, a motion was made by Alderman Aune, seconded by Alderman Anderson and carried, without a dissenting vote, to authorize the Fire Department to submit a grant application to the Department of Homeland Security for a special operations truck.

After Alderman Heltemes reviewed the proposed layout for the Lakes Liquor Store parking lot and entrances and upon the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Heltemes, seconded by Alderman Hannon and carried, without a dissenting vote, giving general approval to Lakes Liquor’s layout for their parking lot and entrances.

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, to be a sponsor for the 72^nd Northwest Water Carnival, in the amount of $250.00, such funds to be taken from the Liquor Fund.

Pursuant to recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Heltemes, seconded by Alderman Hannon and carried, without a dissenting vote, to contribute $100.00 from the Liquor Fund for the 2007 Grad Bash.

Pursuant to the request of the Chamber of Commerce and upon the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Heltemes, seconded by Alderman Zeman and carried, without a dissenting vote, to sponsor The Landowners Appreciation Banquet on March 26, 2007, in the amount of $50.00, such funds to come from the Liquor Fund.

A motion was made by Alderman Hannon, seconded by Alderman Heltemes and carried, without a dissenting vote, to direct City Administrator Richard Grabow to send letters to legislators in the immediate area urging them to vote against HF 997/SF 990 “wine-in-grocery-stores” bill. Alderman Hannon suggested that information be put out for the public informing them that the Liquor Store funds is a major source of income to the City and that if legislation is passed allowing wine in grocery stores it would detract from the City’s Budget.

Upon the recommendation of the Mayor, a motion was made by Alderman Heltemes, seconded by Alderman Hannon and carried, without a dissenting vote, appointing Kim Schoenborn, Holiday Inn, and Chet Collins, Lakeside 1891, to the Detroit Lakes Tourism Bureau for a three year period effective April 1, 2007.

Pursuant to the recommendation of the Mayor, a motion was made by Alderman Brenk, seconded by Alderman Anderson and carried, without a dissenting vote, appointing David Karsnia to the Police Civil Service Commission to fill the unexpired term of Warren LaVoi which expires September 30, 2009.

Mayor Buboltz requested that letters of appreciations be sent to Dan Biermeier and Brian Johnson for serving on the Detroit Lakes Tourism Bureau and Warren Lavoi for serving on the Detroit Lakes Civil Service Commission.

A motion was made by Alderman Hannon, seconded by Alderman Brenk and carried, without a dissenting vote, accepting the resignation of City Administrator Richard Grabow who will be retiring September 30, 2007.

A motion was made by Alderman Brenk, seconded by Alderman Hannon and carried, without a dissenting vote, authorizing Council and staff to attend the League of Minnesota Cities Legislative Conference March 28-29, 2007, in St. Paul.

A motion was made by Alderman Heltemes, seconded by Alderman Aune and carried, without a dissenting vote, approving the issuance of a plumbing license for 2007 to All American Plumbing and Heating, Detroit Lakes, pursuant to their application, compliance bond and $25.00 fee.

Pursuant to the recommendation of the Finance Committee, a motion was made by Alderman Heltemes, seconded by Alderman Aune and carried, without a dissenting vote, that the trial balance, submitted by Finance Officer Louis Guzek, showing the balance in the City treasury to be in the amount of $2,285,252.75 as of February 28, 2007, be accepted, approved and placed on file.

Pursuant to the recommendation of the Finance Committee, a resolution was introduced by Alderman Heltemes, who moved its adoption, approving the payment of claims paid by proper authorization covering the period February 14, 2007, through March 13, 2007, in the amount of $1,892,849.81. 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 January, 2007, 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.

There being no further business to conduct, Mayor Buboltz, by general consent, adjourned the meeting. (5:50 P.M.)

Respectfully submitted,

Lynne Krieger

Asst. City Administrator