Detroit Lakes, Minnesota

                                                                                                April 6, 2004

 

            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, April 6, 2004, 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 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:         Aune, Heltemes, Hoeglund, Imholte, Ness, Riewer

                        And Tollefson.

 

            Absent:             Aldermen Anderson and Brenk.

 

            There being no corrections or additions to the minutes of the regular Council meeting held March 2, 2004, 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 give consideration to the proposed transfer of The Becker, Inc.’s on-sale intoxicating liquor and Sunday on-sale intoxicating liquor licenses to David Johnson dba The Becker, 917 Washington Avenue, for the period April 6, 2004, through December 31, 2004, Mayor Buboltz called the hearing to order at 5:07 P.M.  There being no written or oral comments, the Mayor closed the hearing at 5:07 P.M. and reconvened the regular Council Meeting.

 

            Upon the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Ness, seconded by Alderman Heltemes and carried, without a dissenting vote, approving the transfer of The Becker, Inc.’s on-sale intoxicating liquor and Sunday on-sale intoxicating liquor licenses to David Johnson dba The Becker for the period April 6, 2004, through December 31, 2004.

 

            Mayor Buboltz welcomed the following foreign exchange students that were present at the City Council meeting:

 

            Laura Bohm, Berlin, Germany   Frederik Dolva, Lillehammer, Norway

            Rosemary Gong, Chongqing, China       Nadine Khan, Hamburg, Germany

            Mikka Tomi, Haijaa, Finland                 Lilian Shintaku, Marilia SP, Brazil

 

            Pursuant to the request of the Holmes Theatre and upon the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Ness, seconded by Alderman Aune to approve a matching grant in the amount of $55,000.00 for the Historic Holmes Theatre.  Alderman Ness advised that the Council previously approved a 1 ˝ to 1 matching grant in the amount of $50,000.00 and a total of $78,406.98 was raised in contributions.  Alderman Heltemes requested that these requests be presented at budget time to help with the City’s planning.  Alderman Imholte raised the question that since these funds come from the Liquor Fund, there should be a plan for cross promotions.  Mayor Buboltz then called the questions and the motion carried unanimously.

 

            A motion was made by Alderman Riewer, seconded by Alderman Imholte to refer the issuance of a variance allowing a 42 inch ornamental fence in the front yard at 1071 Shorewood Drive back to the Planning Commission since there are several new issues to consider.  Upon the request of Steve Anderson, 1071 Shorewood Drive, Community Development Director Larry Remmen informed the Council that the Planning Commission did not make a recommendation, but that it was his recommendation to approve the request for the variance to allow a 42 inch fence in the Shoreland Impact Zone at 1071 Shorewood Drive because the Shoreland Regulations does not prohibit fences in the Shoreland Impact Zone.  Discussion was held on the interpretation of “structure” in the Shoreland Regulations and if that meaning would include fences.  There being no further discussion, Mayor Buboltz called the question and the motion did not carry according the the following vote:  Ayes/Heltemes, Imholte and Riewer and Nayes/Aune, Hoeglund, Ness and Tollefson.  A motion was made by Alderman Hoeglund, seconded by Alderman Ness and carried with three dissenting votes (Heltemes, Imholte and Riewer), to approve the issuance of a variance to Steven P. Anderson, allowing a 42 inch ornamental fence in the front yard at 1071 Shorewood Drive.

 

            Upon 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, approving a policy for street maintenance as follows:

 

 

Bituminous Age

       (Years)                  Improvement                Remarks

 

0-5                           Seal Coat                                 Complete improvement within 1-3 years of new surface.

6-10                         Seal Coat                                 Within 7 years of previous seal coat

11-15                       No Action                               Review street condition

16-20                       Seal Coat                                 Seven year schedule unless surface is deteriorated

21-25                       No Action                               Review street condition.  Overlay if necessary

26-30                       Bituminous Overlay               Seal coat within 1-3 years of overlayment

                                Seal Coat

31-35                       No Action                              

36-40                       Seal Coat                                 Seven year schedule

41-50                       No Action

Greater than 50       Reconstrution

 

            Pursuant to the recommendation of the City Engineer and the Street and Park Committee, a resolution was introduced by Alderman Heltemes, who moved its adoption, approving plans and specifications and the calling for bids for street and utility improvements on Lake Avenue (MSA Street No. 111) from West Lake Drive to Willow Street.  The motion for the adoption of the resolution was seconded by Alderman Tollefson 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 Heltemes, who moved its adoption, requiring that parking of vehicles on Lake Avenue, from West Lake Drive to Willow Street, be parallel with the curb in accordance with the State Aid Standards.  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.

 

            Pursuant to the recommendation of the Street and Park Committee, a resolution was introduced by Alderman Heltemes, who moved its adoption, approving the location and right-of-way for street and utility improvements on Lake Avenue, from West Lake Drive to Willow Street.  The motion for the adoption of the resolution was seconded by Alderman Tollefson and carried without a dissenting vote.  Mayor Buboltz declared the resolution adopted.

 

            Upon the recommendation of the Street and Park Committee, a resolution was introduced by Alderman Heltemes, who moved its adoption, approving plans and specifications and the calling for bids for street improvements (mill and overlay) on Holmes Street (MSA Street No. 107) from West Avenue to Lake Avenue.  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 Street and Park Committee, a resolution was introduced by Alderman Heltemes, who moved its adoption, requiring that parking of vehicles on Holmes Street, from West Avenue to Lake Avenue, be parallel with the curb in accordance with the State Aid Standards.  The motion for the adoption of the resolution was seconded by Alderman Tollefson 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 Heltemes, who moved its adoption, approving the location and right-of-way for street improvements on Holmes Street, from West Avenue to Lake Avenue.  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 Street and Park Committee, a resolution was introduced by Alderman Heltemes, who moved its adoption, approving plans and specifications and the calling for bids for street improvements (mill and overlay) on Summit Avenue (MSA Street No. 103) from Holmes Street to T.H. No. 10.  The motion for the adoption of the resolution was seconded by Alderman Tollefson 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 Heltemes, who moved its adoption, requiring that parking of vehicles on Summit Avenue, from Holmes Street to T.H. No. 10, be parallel with the curb in accordance with the State Aid Standards.  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.

 

            Pursuant to the recommendation of the Street and Park Committee, a resolution was introduced by Alderman Heltemes, who moved its adoption, approving the location and right-of-way for street improvements on Summit Avenue, from Holmes Street to T.H. No. 10.  The motion for the adoption of the resolution was seconded by Alderman Tollefson and carried without a dissenting vote.  Mayor Buboltz declared the resolution adopted.

 

            Pursuant to the advertisement for bids for street and storm sewer improvements for Timber Creek Third Addition Phase I, the following bids were received and opened  at 10:00 A.M., March 30, 2004:

 

            BIDDER                                                                      BID AMOUNT

 

            Sherbrooke Asphalt, Inc.                                              $264,205.90

            P.O. Box 515

            Detroit Lakes, Minnesota   56502

 

            Aggregate Industries, Inc.                                             323,718.50

            P.O. Box 1036

            Moorhead, Minnesota   56561

 

            Sellin Bros., Inc.                                                           332,781.00

            P.O. Box 159

            Hawley, Minnesota   56549

 

            Aspen Concrete Company                                            357,157.93

            3798 State 371 NW

            Hackensack, Minnesota   56452

 

Upon the recommendation of the Street and Park Committee, a resolution was introduced by Alderman Heltemes, who moved its adoption, providing for the acceptance of the bid of Sherbrooke Asphalt, Inc., Hawley, Minnesota, in the amount of $264,205.90, for street and storm sewer improvements to Timber Creek Third Addition Phase I.  The motion for the adoption of the resolution was seconded by Alderman Tollefson and carried without a dissenting vote.  Mayor Buboltz declared the resolution adopted.

 

            Pursuant to the Street Commissioner obtaining quotes for construction of a cul-de-sac at White Clover Beach, the following quotes were received:

 

            BIDDER                                                          BID AMOUNT

 

            Feldt Plumbing & Heating                                 $6,700.00

            28442 State Highway #34

            Detroit Lakes, Minnesota   56501

 

            Hough, Inc.                                                        6,995.00

            P.O. Box 2

            Detroit Lakes, Minnesota   56502

 

Upon 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, accepting the quote of Feldt Plumbing and Heating, Detroit Lakes, Minnesota, in the amount of $6,700.00 for construction of a cul-de-sac at White Clover Beach.

 

            Pursuant to the advertisement for bids for a desiccant dehumidification unit for the Sports Arena, the following bids were received and opened at 9:00 A.M., March 31, 2004:

 

            BIDDER                                                          BID AMOUNT

 

            Schwab-Vollhaber-Lubratt, Inc.                       $57,450.00

            4600 Churchill Street

            St. Paul, Minnesota   55126

 

            Concepts & Designs, MS                                   58,930.00

            29235 Lorie Lane

            P.O. Box 1013

            Wixom, Michigan   48393-1013

 

Upon the recommendation of the Street and Park Committee, a motion was made by Alderman Heltemes, seconded by Alderman Tollefson and carried, without a dissenting vote, accepting the bid of Schwab-Vollhaber-Lubratt, Inc., St. Paul, Minnesota, in the amount of $57,450.00 for a desiccant dehumidification unit for the Sports Arena.

 

            Pursuant to the Street Commissioner obtaining quotes for the furnishing and installation of sheet metal ducting for the ventilation system in Sports Arena #1, the following quotes were opened at 9:00 A.M., March 31, 2004:

 

            BIDDER                                                          BID AMOUNT

 

            Laney’s Mechanical, Inc.                                  $15,883.00

            1034 Highway 59 South

            Detroit Lakes, Minnesota   56501

 

            Modern Heating and Plumbing, Inc.                    20,807.54

            1040 Randolph Road

            Detroit Lakes, Minnesota   56501

 

Upon the recommendation of the Street and Park Committee, a motion was made by Alderman Heltemes, seconded by Alderman Tollefson and carried, without a dissenting vote, accepting the quote of Laney’s Mechanical, Inc., Detroit Lakes, Minnesota, in the amount of $15,883.00 for the furnishing and installation of sheet metal ducting for the ventilation system in Arena #1.

 

            Pursuant to the Street Commissioner obtaining quotes for a new 6,000 pound capacity mobile lifting crane, the following quotes were opened:

 

            BIDDER                                                          BID AMOUNT

 

            Hedahl’s                                                           $5,395.00

            1115 Jackson Avenue

            Detroit Lakes, Minnesota 56501

 

            NAPA Auto Parts                                              5,447.00

            Farnam’s Genuine Parts, Inc.

            514 Lake Avenue

            Detroit Lakes, Minnesota 56501

 

            Riverside Auto                                        5,740.00

            804 Randolph Road

            Detroit Lakes, Minnesota 56501

 

Upon 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, to accept the quote of Hedahl’s, Detroit Lakes, Minnesota, in the amount of $5,395.00, for a new 6,000 pound capacity mobile lifting crane.

 

            Pursuant to the Street Commissioner obtaining quotes for a four-door crew cab one ton truck for the Park Department, the following quotes were opened:

 

            BIDDER                                                          BID AMOUNT

 

            Nereson Chevrolet                                           $ 27,063.78

923 US Highway 10

Detroit Lakes, Minnesota   56501

 

McDougall Ford                                                 27,180.93

1015 Highway 59 South

            Detroit Lakes, Minnesota 56501

 

            Norseman Motors, Inc.                                      28,190.98

Highway 10 East

Detroit Lakes, Minnesota 56501

 

Upon the recommendation of the Street and Park Committee, a motion was made by Alderman Heltemes, seconded by Alderman Tollefson and carried, without a dissenting vote, to accept the quote of Nereson Chevrolet, Detroit Lakes, Minnesota, in the amount of $27,063.78, for a four-door crew cab one ton truck.

 

            Pursuant to the Street Commissioner obtaining quotes for three snow boxes for the Street Department trucks, the following quotes were opened:

 

            BIDDER                                                          BID AMOUNT

 

            Bert’s Truck Equipment                                    $  22,098.75

3804 Highway 75 North

Moorhead, Minnesota   56560

 

Fair Mfg., Inc.                                                     22,579.07

P.O. Box 306

Menno, South Dakota 57045

 

Upon 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, to accept the quote of Bert’s Truck Equipment, Moorhead, Minnesota, in the amount of $22,098.75, for three snow boxes for the Street Department trucks.

 

Pursuant to the Street Commissioner obtaining quotes for a box, hoist and end gate lift for the new one-ton truck, the following quotes were opened:

 

            BIDDER                                                          BID AMOUNT

 

            Bert’s Truck Equipment                                    $  8,609.59

3804 Highway 75 North

Moorhead, Minnesota   56560

 

Sanitation Products                                               9,177.11

1402 41st Street NW

Fargo, North Dakota   58107

 

Upon the recommendation of the Street and Park Committee, a motion was made by Alderman Heltemes, seconded by Alderman Tollefson and carried, without a dissenting vote, to accept the quote of Bert’s Truck Equipment, Moorhead, Minnesota, in the amount of $8,609.59, for a box, hoist and end gate lift for the new one-ton truck.

 

Pursuant to the Street Commissioner obtaining quotes for a 1000 gallon oil tank for waste oil at the City Shop, the following quotes were opened:

 

            BIDDER                                                          BID AMOUNT

 

            Fargo Tank & Steel Co.                                   $ 2,741.00

4401 West Main Avenue

Fargo, North Dakota   58103

 

O’Day Tank and Steel Co.                                6,704.00

2420 First Avenue North

Fargo, North Dakota   58102

 

Upon the recommendation of the Street and Park Committee, a motion was made by Alderman Heltemes, seconded by Alderman Tollefson and carried, without a dissenting vote, to accept the quote of Fargo Tank and Steel Co., Fargo, North Dakota, in the amount of $2,741.00, for a 1000 gallon oil tank for waste oil at the City Shop.

 

            Pursuant to obtaining quotes for rental of the Pavilion over the 4th of July holiday period, the following quotes were received:

 

            BIDDER                                                                      BID AMOUNT

 

            Mike Checkalski                                                          $2,600.00

            Nightstorm

            5720 Gables Drive, #4

            Eau Claire, Wisconsin 54701

 

            Kelly Reller                                                                    1,799.99

            1330 Lori Avenue

            Detroit Lakes, Minnesota 56501

 

Upon 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, accepting the quote of Mike Checkalski for rental of the Pavilion over the 4th of July holiday period in the amount of $2,600.00.

 

            Upon the request of Bryan Domholt, Admiral of the 69th Annual Northwest Water Carnival, the motion was made by Alderman Heltemes, seconded by Alderman Ness and carried, without a dissenting vote, approving the issuance of the following permits:

 

1)                  Pet and Doll Parade – July 17, 2004;

2)                  69th Annual Parade of the Northwest – July 18, 2004;

3)         Temporary sign permit during the course of Water Carnival;

 

Street Closings:

 

1)                  Water Fights and Ice Cream Social at 6:00 P.M., July 14, 2004, North Washington Avenue from Main Street to Grant Street;

2)                  5k/10 Mile Walk Run at 7:30 A.M. – 10:00 A.M., July 17, 2004, North Shore Drive from Washington Avenue to Roosevelt Avenue;

3)                  Pet & Doll Parade at 10:00 A.M., July 17, 2004, Washington Avenue from Holy Rosary Center to City Park;

4)                  Parade of the Northwest at 1:00 P.M., July 18, 2004, State Street to Summit Avenue to Front Street to Washington Avenue to West Lake Drive to Summit Avenue;

5)                  Water Ski Show at 3:30 P.M., July 18, 2004, West Lake Drive from Lake Avenue to Summit Avenue;

6)                  Car and Motorcycle Show, July 17, 2004, 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 18, 2004;

2)                  City Beach, Park and Pavilion July 13 - 18, 2004; and

3)                  City Band Shell July 13 – 18, 2004

 

Upon the recommendation of the Street and Park Committee, a motion was made

by Alderman Heltemes, seconded by Alderman Tollefson and carried, without a dissenting vote, approving the issuance of a transient merchant’s license to Lori Neigel allowing the sale of guns and other miscellaneous items at the National Guard Armory on June 26-27, 2004, pursuant to her application, fee and surety bond.

 

Pursuant to the advertisement for bids on construction of and repairs to bituminous surfaces in streets, alleys and parking lots, the following bids were received and opened on March 31, 2004, at 9:00 A.M.:

 

BIDDER                                                                      BID AMOUNT

 

Taves Construction, Inc.                                               $20,750.00

dba  Driveway Services

28194 Randolph Road

Detroit Lakes, Minnesota   56501

 

Sherbrooke Asphalt, Inc.                                                 22,470.00

P.O. Box 515

Detroit Lakes, MN   56502

 

Upon the recommendation of the Street and Park Committee, a motion was made by Alderman Heltemes, seconded by Alderman Tollefson and carried, without a dissenting vote, accepting the bid of Taves Construction, Inc., Detroit Lakes, Minnesota, in the amount of $20,750.00, for construction of and repairs to bituminous surfaces in streets, alleys and parking lots.

 

Pursuant to the advertisement for bids for curb, gutter, driveway and sidewalk improvements at various locations throughout the City, the following bids were received and opened at 9:00 A.M., March 31, 2004:

 

BIDDER                                                                      BID AMOUNT

 

Classic Concrete Contractors                                       $25,787.50

23606 Millview Lane

Detroit Lakes, Minnesota   56501

 

Heston Contracting                                                         26,485.00

30360 Eagle Lake Drive

Frazee, Minnesota   56544

 

Upon 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, accepting the bid of Classic Concrete Contractors, Detroit Lakes, Minnesota, in the amount of $25,787.50, for the construction of curb, gutter, driveway and sidewalk improvements at various locations throughout the City.

 

Pursuant to the advertisement for bids for removal of diseased trees within the City, the following bids were received and opened on March 31, 2004, at 9:00 A.M.:

 

BIDDER                                                                      BID AMOUNT

 

D.L. Excavating & Landscaping                                    $11,875.00

30523 State Highway 34

Detroit Lakes, Minnesota 56501

 

Harles Tree Service                                                        12,812.50

32684 Claybank

Erhard, Minnesota   56534

 

Carr’s Tree Service                                                         15,242.82

Box 250

Ottertail, Minnesota   56571

 

Upon the recommendation of the Street and Park Committee, a motion was made by Alderman Heltemes, seconded by Alderman Tollefson and carried, without a dissenting vote, accepting the bid of D.L. Excavating & Landscaping, Detroit Lakes, Minnesota, in the amount of $11,875.00, for removal of diseased trees within the City.

 

Pursuant to the advertisement for bids on the rental and service of portable restrooms, the following bids were received and opened on March 31, 2004, at 9:00 A.M.:

 

BIDDER                                                          BID AMOUNT

 

Septic Vac                                                       $ 6,880.00

15700 Long Lake Road

Detroit Lakes, Minnesota   56501

 

Jiffy Jons, Inc.                                                     7,760.00

1811 26th Street South

Moorhead, Minnesota   56560

 

Upon the recommendation of the Street and Park Committee, a motion was made by Alderman Heltemes, seconded by Alderman Tollefson and carried, without a dissenting vote, accepting the bid of Septic Vac, in the amount of $6,880.00, for rental and service of portable restrooms. 

 

Pursuant to the advertisement for bids for mowing weed lots in various locations throughout the City, the only bid received was that of Stanley Krajsa, Detroit Lakes, Minnesota.  Upon the recommendation of the Street and Park Committee, a motion was made by Alderman Heltemes, seconded by Alderman Tollefson and carried, without a dissenting vote, accepting the bid of Stanley Krajsa, in the amount of $3,000.00, for mowing weed lots.

 

            Upon the recommendation of the Street and Park Committee, a motion was made by Alderman Aune, seconded by Alderman Heltemes and carried, without a dissenting vote, approving the issuance of fertilizer licenses for 2004 to Ritchie Just dba Valley Green and Gary Edlund dba Barefoot Lawns, pursuant to their applications and $25.00 fee

 

            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 Heltemes, seconded by Alderman Tollefson and carried, without a dissenting vote, waiving the Pavilion Rental Fee for the Arts & Crafts in the Park and the Beardsley Run.

 

            Upon the recommendation of the Finance Committee, a resolution was introduced by Alderman Hoeglund, who moved its adoption, to support restoring unfair reductions of Local Government Aid (LGA).  The motion for the adoption of the resolution was seconded by Alderman Ness 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 Riewer, seconded by Alderman Ness and carried, without a dissenting vote, introducing for its second reading and adoption, Ordinance No. 250, an ordinance amending Ordinance No. 221 relative to Ward Boundaries within the City of Detroit Lakes as follows:

 

FIRST WARD – FIRST PRECINCT

All that area that lies north of the center line of Long Lake Road and West Willow Street from the west City limits to the center line of West Avenue, west of the center line of West Avenue from the center line of West Willow Street to the center line of Holmes Street, north of the center line of Holmes Street from the center line of West Avenue to the center line of Oak Grove Avenue, northeast of the center line of Oak Grove Avenue from West Holmes Street to Frazee Street, north of the center line of Frazee Street from Oak Grove Avenue to Roosevelt Avenue, west of the center line of Roosevelt Avenue from  Frazee Street to the center line of the west bound track of the Burlington Northern Railroad; north of the Burlington Northern Railroad from the center line of Roosevelt Avenue to the east line of the corporate limits. 

 

SECOND WARD – FIRST PRECINCT

All that area that lies east of the center line of Minnesota Avenue from the shore line of Little Detroit Lake to the center line of Willow Street, south of the center line of West and East Willow Street from Minnesota Avenue to Lincoln Avenue, east of the center line of Lincoln Avenue from East Willow Street to Frazee Street, south of the center line of Frazee Street (Highway No. 10) from Lincoln Avenue to Roosevelt Avenue; east of the center line of Roosevelt Avenue from Highway No.10 to the center line of the west bound track of Burlington Northern Railroad; southwesterly of the center line of the railroad to the east City limits, west of the City limits from the railroad to Sucker Creek, north of Sucker Creek from the east City limits to the shore line of Big Detroit Lake.

 

THIRD WARD – FIRST PRECINCT

All that area that lies south of the center line of Long Lake Road and West Willow Street from the west City Limits to the center line of West Avenue, east of the center line of West Avenue from West Willow Street to the center line of West Holmes Street, south of Holmes Street from the center line of West Avenue to the center line of Oak Grove Avenue, west of the center line of Oak Grove Avenue from West Holmes Street to Frazee Street, south of the center line of Frazee Street from Oak Grove Avenue to Lincoln Avenue, west of the center line of Lincoln Avenue from Frazee Street to East Willow Street, north of the center line of Willow Street from Lincoln Avenue to Minnesota Avenue, and west of the center line of Minnesota Avenue from West Willow Street to the shoreline of Little Detroit Lake, and all that area that lies west and south of Sucker Creek from the shoreline of Big Detroit Lake to the east City limits.

 

            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 Riewer, seconded by Alderman Imholte and carried, without a dissenting vote, introducing, for its first reading, an ordinance amending the City’s Zoning Ordinance by requiring the 500 square foot per unit of open space (grass area) to be useable open space. 

 

            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 Imholte, seconded by Alderman Heltemes and carried, without a dissenting vote, to deny the request of Hunter Briard for a variance allowing a covered deck 67’ from the Ordinary High Watermark in the Shoreland District at 1346 East Shore Drive because Mr. Briard failed to show there is any hardship to justify the request.

 

            Upon the recommendation of the Community Development Committee, a motion was made by Alderman Imholte, seconded by Alderman Heltemes and carried, without a dissenting vote, to defer approval of the preliminary plat of Brainard Village in Section 32, Township 139, North Range 41 West in Detroit Lakes giving the Park Board time to review the park dedication issue. 

 

            Pursuant to the recommendations of the Planning Commission which were submitted to the City Council, a resolution was introduced by Alderman Imholte, who moved its adoption, approving the final plat of Lake Forest Fourth Addition which includes the change in the park area from four acres to 3.25 acres.  The motion for the adoption of the resolution was seconded by Alderman Riewer.  Community Development Director Larry Remmen advised the Council that the outer walkway and trail system in Lake Forest Fourth Addition which will be dedicated is about five acres in size.  Mayor Buboltz then called the question and the motion for the adoption of the resolution was carried without a dissenting vote. 

 

            Pursuant to the request of the Warning Siren Subcommittee for the City’s financial support for an Emergency Warning Siren System, Alderman Imholte advised that the Public Safety Committee recommended that this request be considered during the upcoming budget process.

 

            Upon the recommendation of the Public Safety Committee, a resolution was introduced by Alderman Imholte, who moved its adoption, authorizing execution of a sub-grant agreement with the Division of Emergency Management in the Minnesota Department of Public Safety for an early warning system grant.  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 Safety Committee, a motion was made by Alderman Imholte, seconded by Alderman Riewer, introducing, for its first reading, an ordinance regulating the sale of fireworks in the City.  City Administrator Richard Grabow advised the Council that after the Public Safety Committee reviewed the draft ordinance, a change was made allowing the sale of fireworks from tents, trucks and parking lots.  Mayor Buboltz called the question and the motion carried unanimously.

 

            Upon the recommendation of the Public Safety Committee, a motion was made by Alderman Imholte, seconded by Alderman Tollefson and carried, without a dissenting vote, introducing an ordinance, for its first reading, establishing fees for emergency fire protection services.

 

            Pursuant to the recommendation of the Public Safety Committee, a motion was made by Alderman Imholte, seconded by Alderman Ness and carried, without a dissenting vote, authorizing the Fire Department to apply for a FEMA Grant, in the amount of $57,089.00, to be used for a new radio base repeater system and updating rescue equipment.

 

            Upon the recommendation of the Public Safety Committee, a motion was made by Alderman Imholte, seconded by Alderman Ness and carried, without a dissenting vote, authorizing entering into a Fire Station Site Agreement with WE Fest for on-site services on August 6-8, 2004, in the amount of $4,500.00.

 

            Pursuant to the recommendation of the Public Safety Committee, a motion was made by Alderman Imholte, seconded by Alderman Heltemes and carried, without a dissenting vote, denying the request of B.J. Allen Company to use City Parking Lot #1 to sell fireworks from June 25, 2004, through July 4, 2004 because it is public property and the concern for safety issues.

 

            Upon the recommendation of the Public Safety Committee, a motion was made by Alderman Imholte, seconded by Alderman Heltemes and carried, without a dissenting vote, approving the issuance of a transient merchants’ license to TNT Fireworks Minnesota allowing them to sell fireworks in the parking lot of WalMart June 25, 2004, through July 5, 2004, pursuant to their application, surety bond and fee.

 

            Pursuant to the recommendation of the Public Safety Committee, a motion was made by Alderman Aune, seconded by Alderman Heltemes and carried, without a dissenting vote, approving the issuance of a dance permit for the Eagles Club on June 5, 2004, in conjunction with the Street Faire, such application having been recommended for approval by the Police Chief.

 

            Pursuant to the request of the Emergency Siren Committee and upon the recommendation of the Public Safety Committee, a motion was made by Alderman Imholte, seconded by Alderman Riewer and carried, without a dissenting vote, directing City staff to apply for a grant from the Detroit Lakes Community Foundation a siren system.

 

            Mayor Buboltz set a special City Council Meeting for April 13, 2004, at 5:00 P.M. to give consideration to accepting a proposal for installation of a new cash register system at Lakes Liquor.

 

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 69th Annual Northwest Water Carnival:

 

1)         July 14-18, 2004, at the Pavilion and the enclosed area attached to the south side of the Pavilion; and

 2)        July 16, 2004, at the Becker County Fairgrounds in an enclosed area.

 

            Upon the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Ness, seconded by Alderman Tollefson and carried, without a dissenting vote, approving the issuance of a temporary on-sale 3.2 malt liquor license for the DL Softball Association for the 2004 softball season, pursuant to their application and $25.00 fee.

 

            Pursuant to the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Ness, seconded by Alderman Tollefson and carried, without a dissenting vote, approving the issuance of a temporary on-sale intoxicating liquor license to the Eagles Club allowing the sale of liquor in a fenced-in area on Holmes Street on June 5-6, 2004, in conjunction with the Street Faire.

 

            Pursuant to the request of Bryan Domholt, the Admiral of the 69th Northwest Water Carnival, and upon the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Ness, seconded by Alderman Tollefson and carried, without a dissenting vote, authorizing $200.00 for a sponsorship fee for the 69th Northwest Water Carnival, such funds to be taken from the Liquor Fund.

 

            Upon the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Ness, seconded by Alderman Tollefson and carried, without a dissenting vote, approving the issuance of permits to consume alcoholic beverages at the Pavilion for the following:

 

1)                  Jesus Sanchez on September 12, 2004;

2)                  Marlys Douglas on July 10, 2004;

3)                  Martha Chaves on June 27, 2004; and

4)                  Marcia Guerra on July 31, 2004.

 

Pursuant to 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 following gambling applications:

 

1)                  Holy Rosary Catholic Church for a raffle on June 21, 2004, at

at the Holy Rosary Catholic Church; and

            2)         Detroit Lakes Softball Association for a raffle on July 17, 2004, 

                        at the Snappy Park Softball Complex.

 

            Upon the recommendation of the Public Utilities Committee, a motion was made by Alderman Aune, seconded by Alderman Ness and carried, without a dissenting vote, approving the following electric utility substation and transmission project change orders:

 

1)         Change Order No. 1 for adder to Ottertail Power Transmission Contract, in the amount of $2,278.00, for addition of one 70’ H2 pole;

 

2)                  Change Order No. 2 for adder to Electrical Builders, Inc., West Substation Contract, in the amount of $2,000.00, for additional materials and labor for grounding of power transformer lightning arresters; and

 

3)                  Change Order No. 1 for adder to Aerial Contractors, Inc., Industrial and Front Street Substations Contract, in the amount of $2,440.00, for additional grounding of power transformer lightning arresters.

 

Pursuant to the recommendation of the Mayor, a motion was made by Alderman Ness, seconded by Alderman Heltemes and carried, without a dissenting vote, appointing Rhoda Hooper to the Lake Agassiz Regional Library Board of Trustees for the period April 6, 2004, through December 31, 2006.

 

After Mayor Buboltz informed the Council that he recently was appointed to the Minnesota Housing State Board of Directors, a motion was made by Alderman Imholte, seconded by Alderman Heltemes and carried, without a dissenting vote, authorizing the reimbursement of travel expenses to attend these meetings.

 

A motion was made by Alderman Aune, seconded by Alderman Heltemes and carried, without a dissenting vote, approving the issuance of cigarette licenses, for one year, to North Shore Travel Plaza and Petro Plus Convenience Center, pursuant to their application and $100.00 fee.

 

A motion was made by Alderman Aune, seconded by Alderman Heltemes and carried, without a dissenting vote, that building permits for the month of March, 2004, in the estimated construction value of $1,923,157.00, 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.

A motion was made by Alderman Aune, seconded by Alderman Heltemes 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 $3,551,101.51 as of March 31, 2004, 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 March 3, 2004, through April 6, 2004, in the amount of $2,738,189.92.  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.

The motion was made by Alderman Aune, seconded by Alderman Heltemes and carried, without a dissenting vote, that the Chief of Police Reports, County Court Report for February, 2004, Fire Chief’s Report, Monthly Blue Cross Blue Shield Health Insurance Report, Liquor Store Manager’s Report, Animal Control Report and parking violations report be approved and placed on file.

 

The motion was made by Alderman Ness, seconded by Alderman Tollefson and carried, without a dissenting vote, approving gambling licenses for T.I.P., Inc. to conduct gambling at the Elk’s Lodge, 1100 North Shore Drive and at the Sandar II, 880 Randolph Road.

 

A motion was made by Alderman Riewer, seconded by Alderman Tollefson and carried, without a dissenting vote, approving the issuance of plumbing licenses for Daniel Maloney dba Maloney Plumbing and Heating and Ellingson Plumbing and Heating, pursuant to their application, compliance bond and $25.00 fee.

 

A motion was made by Alderman Imholte, seconded by Alderman Heltemes and carried, without a dissenting vote, approving the issuance of a permit for the Becker County Citizens’ Committee for the National Guard allowing them to conduct a parade on April 7, 2004.

 

After Street Commissioner Roy Estes summarized the 2003 Street and Park  Department Annual Report, a motion was made by Alderman Aune, seconded by Alderman Heltemes and carried, without a dissenting vote, accepting the report and ordering it placed on file.

 

 Alderman Ness informed the Council that the Public Utilities Commission established a watering ban from June through August, 2004, from 10:00 A.M. - 6:00 P.M. each day.

 

There being no further business to conduct, by general consent, the Mayor adjourned the meeting.  (6:30 P.M.)

                                                                        Respectfully submitted,

 

 

                                                                        Lynne Krieger

                                                                        Assistant City Administrator