Council Minutes

Detroit Lakes, Minnesota

May 13, 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, May 13, 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; City Administrator Robert Louiseau; Assistant City

Administrator Lynne Krieger, Finance Officer Louis Guzek; Community Development Director Larry Remmen;

Public Utilities Superintendent Curt Punt; City Engineer Gary Nansen; Public Works Director Brad Green; Police

Chief Kelvin Keena and Building Official Calvin Mayfield.

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

Absent: Alderman Anderson; Liquor Store Manager Bradley MacMaster and Fire Chief Jeffrey Swanson.

There being no corrections or additions to the minutes of the regular Council Meeting held April 8, 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 receiving public comment on the issuance of an off-sale 3.2 malt liquor license to Big Daddy’s Quick Stop LLC (formerly Minute Mart), 444 Morrow Avenue, for the period May 13, 2008, through December 31, 2008, the Mayor called the hearing to order at 5:04 P.M. There being no comments, Mayor Buboltz declared the hearing closed at 5:04 P.M. and reconvened the regular Council Meeting.

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, approving the issuance of an off-sale 3.2 malt liquor license to Big Daddy’s Quick Stop, 444 Morrow Avenue, for the period May 13, 2008, through December 31, 2008.

Upon the recommendation of the Public Works Committee, a motion was made by Alderman Zeman, seconded by Alderman Hannon, approving a three-month license effective May 13, 2008, allowing Craig Saxland, to have more than three dogs at 602 Homestead Street. Don Nohner, 505 Richwood Road, spoke in favor of the 90-day permit but expressed his concern about Mr. Saxland adding one dog each year. Craig Saxland, 602 Homestead Street, advised that he would try to bring the dogs into the house if they are barking at night. Mayor Buboltz then called the question and the motion carried.

After Community Development Director Larry Remmen gave a brief overview of the proposed amendments and pursuant to the recommendation of the Community Development Committee, a motion was made by Alderman Brenk, seconded by Alderman Zeman and carried, without a dissenting vote, introducing for its first reading, an ordinance amending Section 24 of the Zoning Ordinance relative to electronic and motion signs. Mayor Buboltz, Alderman Brenk and Scott Mehlaff commended the Billboard Committee for their work.

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 resolution was introduced, by Alderman Brenk, who moved its adoption, approving the final plat of Common Interest Community 56 Sunrise on Little Floyd. The motion for the adoption of the resolution was seconded by Alderman Tucker. Upon Alderman Zeman’s inquiry, discussion was held and it was agreed that the Planning Commission give consideration to Park Dedication requirements on future PUD Plats. Alderman Imholte requested that the Park Board be included in these discussions. Mayor Buboltz then called the question and the motion for the adoption of the resolution was carried with one abstention (Imholte).

Paul Tadlock, 315 Bowling Avenue, appeared before the Council and advised that he has finished the siding and windows on the 315 Bowling Avenue house. Upon Mayor Buboltz’s request, Building Official Calvin Mayfield advised that Mr. Tadlock has finished the siding and windows but there is no water and sewer to the house. Public Utilities Superintendent Curt Punt, Public Works Director Brad Green and Mr. Tadlock will meet to discuss this matter.

Pursuant to the request of the Lake Detroiters Board that plans to include a boat ramp in association with the Highway 10 Project be abandoned, the Public Works Committee, along with input from MnDOT and Chief Keena, did not perceive any safety issues and no action was taken. Mayor Buboltz advised the Council that Loren Crawford of the Muskies Unlimited, Fargo/Moorhead Chapter, called and they want to donate money to the City to purchase a dock at this boat ramp.

Upon the recommendation of the Public Works Committee, a motion was made by Alderman Hannon, seconded by Alderman Brenk to introduce for its first reading an ordinance amending Chapter 900, Nuisances and Section 904, Ice and Snow on Public Sidewalks of the City Code, relative to ice and snow removal from public sidewalks. Dave Fingarson, City letter carrier, appeared before the Council expressing his concern relative to residents feeling that if the City bobcat goes through, the remainder of snow and ice is not their responsibility. Public Works Director Brad Green advised that he plans on advertising in the Spring and Fall to educate the citizens on their responsibilities. Alderman Zeman questioned why not all residents receive the benefit of having the bobcat remove snow from their sidewalks. The Public Works Committee will be reviewing this policy. Paul Collins, 924 Summit Avenue, Detroit Lakes Postmaster, advised that they will be working with Public Works Director Green to help educate the City’s residents also. Upon the inquiry of Alderman Tucker, City Administrator Louiseau advised that this ordinance will be enforced on a complaint driven basis. Mayor Buboltz then called the question and the motion carried unanimously.

Pursuant to the request of Jeff Wallace/Pro Systems Corporation and upon the recommendation of the Public Works Committee, a motion was made by Alderman Imholte, seconded by Alderman Brenk, approving the request to host a car show/stereo competition in the City Park on June 7, 2008. After discussion, the Council set the following conditions:

1) There will be free admission to the public;

2) That they clean up the Park in that area afterwards;

3) That they work with the Police Department relative to noise; and.

4) That Pro Systems Corporation obtain a variance to exceed the noise limits.

Mayor Buboltz then called the question and the motion carried.

Upon the recommendation of the Community Development Committee, a motion was made by Alderman Brenk, seconded by Alderman Tucker and carried, without a dissenting vote, introducing for its second reading and adoption Ordinance No. 322, amending Ordinance No. 286 establishing ward boundaries within the City.

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 Brenk, seconded by Alderman Tucker and carried, without a dissenting vote, authorizing the issuance of a 3’ side yard setback variance allowing construction of a garage and a 2’ side yard setback variance to allow construction of an addition to a home in line with the existing structures at 1020 West Lake Drive, subject to the following conditions:

1) That the structures be built according to the approved site plan;

2) That the property not exceed the 25% impervious surface coverage; and

3) That the property owner locates the water and sewer lines to make sure they do not build over them.

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 resolution was introduced by Alderman Brenk, who moved its adoption, approving the final plat of the condominium Golden Bay Shores subject to the Public Utilities approval of the utility easement documentation on the plat. 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.

Pursuant to the recommendation of the Community Development Committee, a motion was made by Alderman Aune, seconded by Alderman Imholte and carried, without a dissenting vote, that building permits for the month of April, 2008, in the estimated construction value of $1,942,790.00, 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.

Pursuant to the advertisement for bids on the street and utility improvements on Tower Road, from Richwood Road West to the electric utility work center, the following bids were received and opened on May 8, 2008, at 10:00 A.M.:

BIDDER BID AMOUNT

C & L Excavating, Inc. $830,098.40

P.O. Box 99

St. Joseph, Minnesota 56374

Sellin Brothers, Inc. 857,298.00

P.O. Box 159

Hawley, Minnesota 56549

Quam Construction Company, Inc. 907,973.49

P.O. Box 48

Willmar, Minnesota 56201

Hough, Inc. of Detroit Lakes 937,657.95

P.O. Box 2

Detroit Lakes, MN 56502

Mark & Brenda Construction, Inc. 950,249.45

dba Delzer Construction

3208 East Fir Avenue

Fergus Falls, Minnesota 56537

R.L. Larson Excavating, Inc. 999,609.00

2255 12^th Street S.E.

St. Cloud, Minnesota 56304

Upon the recommendation of the Public Works Committee, a resolution was introduced by Alderman Imholte, who moved its adoption, accepting the bid of C & L Excavating, Inc., St. Joseph, Minnesota, in the amount of $830,098.40 for street and utility improvements on Tower Road, from Richwood Road West to the electric utility work center. The motion for the adoption of the resolution was seconded by Alderman Brenk and carried without a dissenting vote. The Mayor declared the resolution adopted.

Upon the recommendation of the Public Works Committee, a resolution was introduced by Alderman Hannon, who moved its adoption, authorizing the submission of an application for financial assistance with eligible project costs from the State bridge bonding money to replace, rehabilitate or remove the bridge on Lori Avenue in the total amount of $215,000.00. 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 the recommendation of the Public Works Committee, a resolution was introduced by Alderman Imholte, who moved its adoption, accepting the sidewalk repair/replacement survey, as presented, and setting a hearing for June 10, 2008, 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 Hannon 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 Aune, seconded by Alderman Imholte and carried, without a dissenting vote, authorizing the Chamber of Commerce to use the area in front of the Freeman Arena and the new ice arena for shuttle bus service parking for WE Fest, to use Peoples Park for overflow parking and to block off ten parking spaces on the east side of Washington Avenue in front of Norby’s Department Store for a bus drop-off/pick-up point downtown for August 7-9, 2008.

Pursuant to the recommendation of the Public Works Committee, a motion was made by Alderman Aune, seconded by Alderman Imholte and carried, without a dissenting vote, approving the issuance of a temporary on-sale 3.2 malt liquor license for the Detroit Lakes Softball Association allowing them to sell beer at the Snappy Softball Complex concession stand from May 1, 2008, through September 30, 2008.

Upon the recommendation of the Public Works Committee, a motion was made by Alderman Aune, seconded by Alderman Imholte and carried, without a dissenting vote, approving the issuance of a commercial dock license to Boats, Inc. dba J & K Marine, 121 West Lake Drive, and a semi-commercial dock license for D & J Investments of Detroit Lakes dba Pine to Palm Motel, 702 West Lake Drive.

Pursuant to the recommendation of the Public Works Committee, a motion was made by Alderman Aune, seconded by Alderman Imholte and carried, without a dissenting vote, approving the issuance of Fertilizer Licenses for Valley Green of Detroit Lakes, Hometown Boys Lawn Service and KJ Lawn and Landscaping, pursuant to their application and fee of $25.00.

Upon the recommendation of the Finance Committee, a motion was made by Alderman Aune, seconded by Alderman Imholte and carried, without a dissenting vote, authorizing the attendance of two people to the City Attorney’s Association Annual Legislative Update on June 19, 2008, in Bloomington, Minnesota.

Pursuant to the recommendation of the Finance Committee, a motion was made by Alderman Aune, seconded by Alderman Imholte and carried, without a dissenting vote, accepting the work and authorizing final payment to Feldt Plumbing LP, in the amount of $4,308.97, for stormwater treatment improvements at the Fairground’s lift station.

Pursuant to the recommendation of the Public Safety Committee, a motion was made by Alderman Aune, seconded by Alderman Imholte and carried, without a dissenting vote, approving the issuance of fireworks permits to TNT Fireworks allowing them to sell legal fireworks in the WalMart Store and parking lot and to Matt Winskowski to sell fireworks at the Anglo American lot, pursuant to their applications and fees.

Pursuant to the recommendation of the Public Safety Committee, a motion was made by Alderman Aune, seconded by Alderman Hannon and carried, without a dissenting vote, approving the issuance of a parade permit to the VFW to conduct the Memorial Day Parade on May 26, 2008.

Upon the recommendation of the Public Safety Committee, a motion was made by Alderman Aune, seconded by Alderman Imholte and carried, without a dissenting, authorizing the attendance of eight firefighters to the 133^rd Annual State Firefighters training in Alexandria on June 6, 2008.

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, approving the issuance of a temporary on-sale intoxicating liquor license for Sunlite Bar & Grill, Detroit Lakes, allowing them to sell liquor at the Pavilion for a wedding on July 25, 2008, subject to the licensee getting a caterer’s license.

Pursuant to the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Aune, seconded by Alderman Imholte and carried, without a dissenting vote, approving the following gambling applications:

1) Holy Rosary Catholic Church for bingo and raffles at the Freeman Sports Arena on August 17, 2008;

2) Turn in Poachers for gambling at the Speak Easy, Sandbar II and Lakeside Tavern; and

3) Minnesota Flyers Gymnastics, Inc., for gambling at the Northside Bar.

Upon the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Heltemes, seconded by Alderman Aune and carried, without a dissenting vote, approving the issuance of temporary on-sale intoxicating liquor licenses to the Holiday Inn for weddings at the Detroit Lakes Community and Cultural Center on May 24, June 7 and June 28, 2008, and a wedding and dance at the Pavilion on June 20 and June 21, 2008, respectively.

Pursuant to the recommendation of the Mayor, a motion was made by Alderman Brenk, seconded by Alderman Tucker and carried, without a dissenting vote, appointing Jim Anderson to another two-year term on the Detroit Lakes Community Education/ Recreation Board effective on July 1, 2008.

Upon the recommendation of the Mayor, a motion was made by Alderman Brenk, seconded by Alderman Tucker and carried, without a dissenting vote, appointing Jim Anderson to a three-year term on the Detroit Lakes Development Authority effective August 6, 2008

A motion was made by Alderman Aune, seconded by Alderman Imholte and carried, without a dissenting vote, approving the issuance of cigarette licenses for one year to Zorbaz of Detroit Lakes, 402 West Lake Drive, Big Daddy’s Quick Stop LLC, 444 Morrow Avenue, County 22 General Store, 25883 County Highway 22, Holiday Inn, 1155 Highway 10 East and Detroit Lakes Tobacco, 611 Washington Avenue, pursuant to their applications and $100.00 fee.

A motion was made by Alderman Aune, seconded by Alderman Imholte and carried, without a dissenting vote, approving the issuance of plumbing licenses to Rasmussen Plumbing and Heating, Fort Ripley and Lakes Area Plumbing and Heating, Ogema, pursuant to their applications, compliance bonds and $25.00 fee.

Pursuant to the recommendation of the Finance Committee, a motion was made by Alderman Aune, seconded by Alderman Imholte 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 $3,750,821.97 as of May 31, 2008, 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 8, 2008, through May 13, 2008, in the amount of $1,452,601.50. 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.

The motion was made by Alderman Aune, seconded by Alderman Imholte and carried, without a dissenting vote, that the County Court Report for March, 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 Alderman Brenk, seconded by Alderman Hannon and carried, without a dissenting vote approving the following:

1) A cigarette license for Casey’s General Store for one year;

2) Authorization for the Chamber to block off Washington Avenue, from Highway 10 to Frazee Street on August 5, 2008, for Crazy Days; and

3) A fireworks permit for Brad Schmitz dba Black Powder Fireworks, to sell fireworks at 1201 Washington Avenue; and

4) A fireworks permit for Pinnacle Fireworks, to sell fireworks at Menards.

There being no further business to conduct, Mayor Buboltz, by general consent, adjourned the meeting (6:10 P.M.).

Respectfully submitted,

Lynne Krieger

Asst. City Administrator