May 4, 2004
The regular meeting of the City
Council was called to order in the Council Chambers of the
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, Heltemes, Hoeglund,
Imholte,
Absent: None.
There being no corrections or additions to the minutes of the regular Council meeting held April 6, 2004, and a special City Council meeting held on April 13, 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 twice in the official newspaper that a public hearing would be held to hear public comment on the proposed vacation of a
a portion of the alleyway in Holmes 4th Addition, Mayor Buboltz called the hearing to order at 5:02 P.M. Community Development Director Larry Remmen advised the Council that this request involves a small alleyway adjacent to Highway 10 by the former County Market Property. There being no further written or oral comments, Mayor Buboltz closed the hearing at 5:03 P.M. and reconvened the regular City Council Meeting.
Upon the recommendation of the Community Development Committee, a resolution was introduced by Alderman Brenk, who moved its adoption, providing for the vacation of a portion of the alleyway in Holmes 4th Addition described as follows:
That part
lying northerly of Lots 30 and 31, lying easterly of Lot 24, lying southerly of
The motion for the adoption of the resolution was seconded by Alderman Imholte and carried without a dissenting vote. Mayor Buboltz declared the resolution adopted.
Pursuant to notice having been published in the official newspaper that the City Council, this date, would give consideration to the proposed transfer of Gallup Enterprises, Inc.’s off-sale 3.2 malt liquor license to Midwest Minnesota C-Stores, LLC dba County 22 General Store, 25883 County Highway 22, for the period May 4, 2004, through December 31, 2004, Mayor Buboltz called the hearing to order at 5:03 P.M. There being no written or oral comments, the Mayor closed the hearing at 5:03 P.M. and reconvened the regular Council Meeting.
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 transfer of Gallup Enterprises Inc’s off-sale 3.2 malt liquor license to Midwest Minnesota C-Stores, LLC for the period May 4, 2004, through December 31, 2004.
Pursuant to the advertisement for bids for construction of utility and street improvements to Pleasant Acres Two, the following bids were opened and received on April 27, 2004, at 2:00 P.M.:
BIDDER BID
AMOUNT
Feldt Plumbing and Heating $463,640.44
S.J. Louis Construction, Inc. 524,441.38
Sellin Bros., Inc. 542,705.68
Christensen Industrial Developers, Inc. 625,798.48
Quam Construction Co., Inc. 634322.42
Upon the recommendation of the Community Development Committee,
a resolution was introduced by Alderman Brenk, who moved its adoption,
accepting the bid of Feldt Plumbing and Heating,
Pursuant to the recommendations of the Planning Commission which were submitted to the City Council and the recommendation of the Community Development Committee, a resolution was introduced by Alderman Brenk, who moved its adoption, approving the final plat of Pleasant Acres Two subject to the developer signing the required development agreement and paying the 5% assessment cost. 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.
Upon the recommendations of the Planning Commission which were submitted to the City Council and the recommendation of the Community Development Committee, a motion was made by Alderman Brenk, seconded by Alderman Imholte to deny the rezoning of Lot 1, Block 1 and Lots 2 & 3 , Block 2 of Brainard Village Park from “R-2” One and Two Residence District to “R-3” Multi-Family Residence District. Upon the request of Mayor Buboltz, Community Development Director Larry Remmen advised the Council that the Planning Commission and Community Development Committee recommended denial of the rezoning request because they wanted to keep the character of the neighborhood which is already zoned “R-2”. Larry Noah, land owner adjacent to the south of the land in question, appeared before the Council and spoke in support of the Planning Commission and Community Development Committee’s recommendation to not rezone this area. Mayor Buboltz then called the question and the motion carried with one abstention (Hoeglund).
Pursuant to
the recommendations of the Planning Commission which were submitted to the City
Council and the recommendation of the Community Development Committee, a motion
was made by Alderman Hoeglund, seconded by Alderman Brenk and carried, without
a dissenting vote, approving the preliminary plat of Broadlawn Estates Housing
Development,
1) Approval of the high density residential zoning by the Becker County Board; and
2) The developer must enter into a development agreement with the City to provide the required park dedication in a future development or agree to pay an $18,000 park dedication fee.
Upon the recommendations of the Planning Commission which were submitted to
the City Council and the recommendation of the Community Development Committee, a motion was made by Alderman Brenk, seconded by Alderman Imholte and carried, without a dissenting vote, approving the preliminary plat of Brainard 4th Addition subject to the following conditions:
1) That the owners dedicate 2.25 acres of park;
2) That the drainage plan be approved by the City Engineer;
3) That any stormwater holding areas required be dedicated on the plat; and
4) That the easements required by Public Utilities be provided.
Upon the recommendation of the Community Development Committee, a resolution was introduced by Alderman Brenk, who moved its adoption, accepting petitions for annexation of a 19.24 acre tract of property in Section 36, Township 139N, Range 41/Lakebreeze Estates LLC and setting a public hearing for June 1, 2004. The motion for the adoption of the resolution was seconded by Alderman Imholte and carried without a dissenting vote. Mayor Buboltz declared the resolution adopted.
Upon the recommendation of the Community Development Committee, a resolution was introduced by Alderman Brenk, who moved its adoption, accepting petitions for annexation of a 51.86 acre tract of property in Section 36, Township 139N, Range 41/Lakebreeze Estates LLC and setting a public hearing for June 1, 2004. The motion for the adoption of the resolution was seconded by Alderman Imholte and carried without a dissenting vote. Mayor Buboltz declared the resolution adopted.
Upon the request of the City Council, Tom Lundberg, Project Manager from the Minnesota Department of Transportation, updated the Council on the Highway 10 Project. He also introduced Tom Swenson who will be the new Project Manager for the Highway 10 Project.
Pursuant to 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, authorizing the preparation of a preliminary engineering report to investigate storm water treatment and associated costs at the discharge from the Fairgrounds pumping station.
Pursuant to the recommendation of the Street and Park Committee, a resolution was introduced by Alderman Heltemes, who moved its adoption, accepting the sidewalk repair/replacement survey, as presented, and setting a hearing for June 1, 2004, at 5:00 P.M. on the proposed curb, gutter, driveway and sidewalk improvements at various locations throughout the City of Detroit Lakes. 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 Street Commissioner obtaining quotes for a new Cutmaster 101 Cutter, the following quotes were received:
BIDDER BID AMOUNT
Friesen’s Inc. $2,613.51
Central – McGowan, Inc. 2,582.33
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 Friesen’s, Inc., for a new Cutmaster 101 Cutter in the amount of $2,613.51.
Pursuant to
the Street Commissioner obtaining quotes for televising sanitary sewer services
affected by the
BIDDER BID AMOUNT
Laney’s Mechanical, Inc. $6,660.00/$185.00 per line
1034 Highway 59 South *If there is no clean out, it
Jet Line, Inc. 7,200.00/$200.00 per line
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 Laney’s Mechanical,
Inc.,
Alderman Imholte, representing the Pavilion Committee, updated the Council on the Committee’s progress in obtaining funding for Pavilion renovation. He advised the Council and audience that a bonding bill, in the amount of $500,000.00, has been presented to the Legislature and the Committee is also hosting a fund raising dance at the Pavilion June 25, 2004. He acknowledged the members of the Pavilion Committee who are: Roy Estes, Nancy Henke, Cyndi Anderson, Bryan Domholt, Glenn Gifford, G.L. Tucker and Ginny Imholte.
Upon the recommendation of the Street and Park Committee, a motion was made by Alderman Heltemes, seconded by Alderman Brenk, to approve adding dust control to the Street Department Street Maintenance Fund for 2004, in the amount of $4,155.00. Alderman Heltemes advised that gravel streets within the City that have residences abutting them will have sodium chloride put on them for dust control. He also informed the Council that the Street and Park Committee will be reviewing these streets to determine which gravel streets should be paved in 2005. Mayor Buboltz then called the question and the motion carried unanimously.
Pursuant to the request of Oppenheimer and Company, Inc., representing the Board of Social Ministry and Mankato Lutheran Homes, and upon the recommendation of the Finance Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, to set June 1, 2004, at 5:00 P.M., for a public hearing on the proposed issuance of one or more series of health care facilities revenue bonds for renovation of Emmanuel Home. 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.
Upon the recommendation of the Detroit Lakes/Becker County Airport Commission and the Finance Committee, a motion was made by Alderman Anderson, seconded by Alderman Imholte and carried, without a dissenting vote, approving Amendment No. 1 to the Minnesota Department of Transportation Agreement No. 85177 to provide financing for construction of a 6-unit T-Hangar at the Detroit Lakes Airport.
Pursuant to the recommendation of the Community Development Committee, a resolution was introduced by Alderman Brenk, who moved its adoption, approving plans and specifications and authorizing the City Engineer and City Administrator to call for bids and set a bid opening date for water, sewer and street improvements to Lake Forest 4th Addition. The motion for the adoption of the resolution was seconded by Alderman Imholte and carried without a dissenting vote. Mayor Buboltz declared the resolution adopted.
Upon the recommendation of the Community Development Committee, a motion was made by Alderman Brenk, seconded by Alderman Imholte and carried, without a dissenting vote, introducing for its second reading and adoption, Ordinance No. 251, an ordinance amending the City’s Zoning Ordinance by requiring 500 square foot per unit of open space (grass area) to be useable open space.
Pursuant to the recommendations of the Planning Commission which were submitted to the City Council and the recommendation of the Community Development Committee, a motion was made by Alderman Hoeglund, seconded by Alderman Aune and carried, without a dissenting vote, introducing for its first reading an ordinance relative to required screening of parking lots in a “R-3” Multi-Family Residence District.
Upon the recommendations of the Planning Commission which were submitted to the City Council and upon the recommendation of the Community Development Committee, a motion was made by Alderman Hoeglund, seconded by Alderman Brenk and carried, without a dissenting vote, introducing for its first reading an ordinance amending the City’s Zoning Ordinance which changes the references to communication towers so the ordinance will regulate all types of towers.
Pursuant to
the recommendations of the Planning Commission which were submitted to the City
Council and upon the recommendation of the Community Development Committee, a
motion was made by Alderman Hoeglund, seconded by Alderman Brenk and carried,
without a dissenting vote, approving the preliminary plat of Stilke Lake Acres
on
1) That the road right-of-way may extend to the southerly property
line and that the termination be a cul de sac with a 70’ radius;
2) That the plat shows the buildable area on each lot plus locations for wells and septic systems;
3) That all bluff areas be delineated; and
4) That the park dedication of approximately 16 acres with 2 acres of high ground north 130th Avenue be shown on the plat.
Pursuant to the recommendations of the Planning Commission which were
submitted to the City
Council and upon the recommendation of the Community Development Committee, a
motion was made by Alderman Hoeglund, seconded by Alderman Brenk and carried,
without a dissenting vote, to approve the preliminary plat of Sailor Ann
Estates,
1) That the development meet the 25% impervious surface requirement;
2) That the developers restore the drainage improvements on the property to the south that were removed during construction;
3) That the developers obtain a Pelican River Watershed District Permit prior to final plat approval;
4) That no additional impervious surface be added to the existing development prior to obtaining a Pelican River Watershed District Permit; and
5) That the cross access easement be clearly dineated and labeled on the final plat.
Upon the recommendation of the Community Development Committee, a motion
by Alderman Brenk, seconded by Alderman Imholte, approving
the issuance of an easement for a building encroachment on
Pursuant to the recommendation of the Public Safety Committee, a motion was made by Alderman Imholte, seconded by Alderman Anderson and carried, without a dissenting vote, introducing for its second reading and adoption, Ordinance No. 252, an ordinance regulating the sale of fireworks.
Upon the recommendation of the Public Safety Committee, a resolution was introduced by Alderman Imholte, who moved its adoption, establishing the following fees for the sale of fireworks:
1. $350.00 – Annual license fee of a retail seller that is in the
business of selling only fireworks; and
2. $100.00 – Annual license fee for all other retail sellers.
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 Public Safety Committee, a motion was made by Alderman Imholte, seconded by Alderman Ness and carried, without a dissenting vote, introducing for its second reading and adoption, Ordinance No. 253, an ordinance establishing fees for emergency fire protection.
Upon the recommendation of the Public Safety Committee, a resolution was introduced by Alderman Imholte, who moved its adoption, setting emergency fire protection services fees. The motion for the adoption of the resolution was seconded by Alderman Anderson 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 Ness and carried, without a dissenting
vote, to approve the issuance of a license to operate vehicles for hire for
City Cab Service,
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 the Police Chief to dispose of an impounded vehicle that the owner does not want back. Alderman Imholte advised the Council that the vehicle is estimated to be worth $25.00 to $50.00.
Pursuant to the recommendation of
the Public Safety Committee, a motion was made by Alderman Imholte, seconded by
Alderman Ness, authorizing the Police Chief to donate a new defibulator to the
Detroit Lakes Community and
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, authorizing the issuance of a permit to the VFW allowing them to conduct the 2004 Memorial Day Parade.
Pursuant to the recommendation of the Public Safety Committee, a motion was made by Alderman Aune, seconded by Alderman Anderson and carried, without a dissenting vote, approving the issuance of a permit for the Pavilion Fund
Raising Committee for a dance at the Pavilion on June 25, 2004, such application having been recommended for approval by Police Chief Kelvin Keena.
Pursuant to the request of Lincoln McArthur and the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Aune, seconded by Alderman Ness and carried, without a dissenting vote, approving a refund on the unused portion of his liquor licenses for The Becker, in the amount of $1,612.50.
Upon the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Aune, seconded by Alderman Anderson and carried, without a dissenting vote, approving the issuance of permits to consume alcoholic beverages at the Pavilion for the following:
1) Class of 1964 for July 24, 2004; and
2) Jennifer Watson Party on July 30, 2004.
Pursuant to the recommendation of the Public Utilities Committee, a motion was
made by Alderman Ness, seconded by Alderman Aune and carried, without a dissenting vote, approving execution of a Substation/Distribution Service Agreement with Otter Tail Power Company whereby Otter Tail Power will pay a monthly rate to the City of Detroit Lakes for substation service.
Pursuant to the recommendation of the Public Utilities Committee, a motion was made by Alderman Ness, seconded by Alderman Tollefson and carried, without a dissenting vote, introducing for its first reading, an ordinance amending the City Code Chapter 400, Part 403, Section 403.14, that when a water service line is abandoned in an improved street and determined to be no long necessary, the property owner shall be billed an abandonment fee.
Upon the recommendation of the Mayor, a motion was made by Alderman Imholte, seconded by Alderman Ness and carried, without a dissenting vote, to appoint Anthony Boverhuis as a permanent police office for the Detroit Lakes Police Department effective June 4, 2004.
Mayor Buboltz thanked John Hoeglund for his 25 years of service on the Detroit Lakes Community Education/Recreation Board.
Upon the recommendation of the Mayor, a motion was made by Alderman Brenk, seconded by Alderman Heltemes and carried, without a dissenting vote, appointing Jim Anderson to the Detroit Lakes Community Education/Recreation Board for a two-year term effective July 1, 2004.
Upon Mayor Buboltz’s request, City Engineer Gary Nansen introduced
Gerald Floden, President, Bruce Langness, Regional Office Manager and Dan
Hanson, Project Engineer from Ulteig Engineers, Inc. and informed the Council
that Ulteig Engineers, Inc., has acquired Larson-Peterson and Associates,
Inc. He further advised that they will
operation under the name of Larson-Peterson/Ultieg Engineers. The Council was informed that Thomas
Ausgustin, Gary Nansen and staff will continue to serve Larson-Peterson and
Associates, Inc. existing clients.
A motion was made by Alderman Aune, seconded by Alderman Anderson and
carried, without a dissenting vote, approving the issuance of cigarette
licenses, for one year, to County 22 General Store,
A motion was made by Alderman Aune,
seconded by Alderman Anderson and carried, without a dissenting vote, that
building permits for the month of April, 2004, in the estimated construction
value of $2,295,486.00, 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 Anderson 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 $3,373,899.07 as of April 30, 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 April 7, 2004, through May 4, 2004, in the amount of
$2,217,963.68. The motion for the
adoption of the resolution was seconded by Alderman Anderson and carried
without a dissenting vote. The Mayor
declared the resolution adopted.
The motion was made by Alderman Aune, seconded by Alderman Anderson and carried, without a dissenting vote, that the Chief of Police Reports, County Court Report for March, 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.
Pursuant to a letter from Michael Mercil, Speak Easy Restaurant and Bar, the Council, by general consent, denied their request for a special Council Meeting and instructed that Speak Easy’s request for a variance to exceed the 25% impervious surface requirement allowing them to put a 20’ x 30’ screened-in patio on their property on the June 1, 2004, City Council Meeting Agenda.
The motion was made by Alderman
Brenk, seconded by Alderman Anderson and carried, without a dissenting vote,
approving gambling licenses for the D.L. Baseball Association to conduct a
raffle at the Detroit Lakes Community and
Pursuant to the recommendation of the Street and Park Committee, a motion was made by Alderman Brenk, seconded by Alderman Anderson and carried, without a dissenting vote, approving the issuance of a private dock and boat lift license to Brian Korbel, 714 West Lake Drive, and a commercial dock license for J & K Marine, 121 West Lake Drive, pursuant to their applications and fees.
There being no further business to conduct, by general consent, the Mayor adjourned the meeting. (6:15 P.M.)
Respectfully submitted,
Lynne Krieger