June 1, 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
Alderman:
Absent: Finance Officer
There being no corrections or additions to the minutes of the regular Council
Meeting held May 4, 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 hear public comment and give
consideration to the issuance of one or more series of health care facilities
revenue bonds, on behalf of the Board of Social Ministry and Mankato Lutheran
Homes Projects, Series 2004, Mayor Buboltz called the hearing to order at 5:00
P.M. Ben Johnson, representing the bond
counsel, Kennedy & Graven, appeared before the Council to explain the
proposed bond issue and outlined the project which includes rehabilitation and
expansion of a new wing at Emmanual Nursing Home. Upon the inquiry of Alderman Anderson, Mr.
Johnson advised that the Board of Social Ministry is responsible for payment of
these bonds and if there is a problem
with this bond issuance, it would not affect the City’s credit rating. City Administrator
Upon the recommendation of the Finance Committee, a motion was made by Alderman Anderson, seconded by Alderman Imholte and carried, without a dissenting vote, authorizing execution of Application for Approval of Industrial Development Bond Project and a Statement Concerning a Proposed Project pursuant to Minnesota Statutes, Section 469.152 through 165.
Pursuant to the recommendation of the Finance Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, giving preliminary approval to the issuance of Refunding Revenue Bonds Series 2004 in the principal amount not to exceed $19,000,000.00 under Minnesota Statutes, Sections 469.152 through 469.165 and Minnesota Statutes, Chapter 462C. 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
notice having been published in the official newspaper that the City Council,
this date, would hear public comment and give consideration to the proposed
annexation of 19.24 acres on
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 first reading, an ordinance annexing 19.24 acres on
Pursuant to notice having been
published in the official newspaper that the City Council, this date, would
hear public comment and give consideration to the proposed annexation of 51.86
acres on
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 first reading, an ordinance annexing 51.86 acres on
Pursuant to
notice having been published in the official newspaper that the City Council,
this date, would hear public comment and give consideration to the proposed vacation
of a portion of the alleyway in Block 15 of Holmes Addition, the Mayor called
the hearing to order at 5:15 P.M. City
Administrator
Pursuant to
notice having been published in the official newspaper that the City Council,
this date, would hear public comment and give consideration to transfer of the
off-sale 3.2 malt liquor license from Casey’s General Stores, Inc., to Casey’s
Retail Company dba Casey’s General Store,
Upon the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Ness, seconded by Alderman Riewer and carried, without a dissenting vote, approving the transfer of the off-sale 3.2 malt liquor license from Casey’s General Stores, Inc., to Casey’s Retail Company dba Casey’s General Store, for the period July 1, 2004, through December 31, 2004.
Pursuant to
notice having been published in the official newspaper that the Council would
at this present meeting conduct a hearing for the purpose of hearing public
comment in the matter of construction of curb, gutter, driveway and sidewalk
repair/replacement at various locations throughout the City, Mayor Buboltz
called the hearing to order at 5:22 P.M.
Upon the request of Mayor Buboltz, Street Commissioner Roy Estes advised
the Council that the property at
Upon the recommendation of the Street and Park Committee, a resolution was introduced, by Alderman Heltemes, who moved its adoption, ordering the improvement of curb, gutter, concrete driveway and concrete walk for 2004, with the exception of the proposed repairs at 421 East Main and 215 Rossman Avenue. The motion for the adoption of the resolution was seconded by Alderman Riewer and carried without a dissenting vote. Mayor Buboltz declared the resolution adopted.
Mayor
Buboltz called to order a hearing at 5:31 P.M. to consider the matter of a
reported nuisance at
Mayor
Buboltz called to order a hearing at 5:31 P.M. to consider the matter of a
reported nuisance at
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 Hoeglund, seconded by Alderman Brenk and carried, without a dissenting vote, to approve the issuance of a variance allowing an 8 foot side and a 2 foot rear yard setback for an addition to a garage at 120 North Street. East.
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 Hoeglund, seconded by Alderman Brenk, to approve the variance request of Speak Easy to exceed the 35% impervious surface requirement to allow construction of a 20’ x 30’ screened patio at 1100 North Shore Drive with the following conditions:
1) That the patio not exceed 20’ x 30’;
2) That the impervious surface not exceed 37.5%;
3) That the owners obtain the required Pelican River Watershed District permit prior to obtaining a building permit; and
4) That there be no sound system speakers or entertainment in the screened porch addition.
Michael Mercil, General Manager of Speak Easy, appeared before the Council expressing his concerns about a reported public gravel road that was paved by the Elks Club years ago counting toward Speak Easy’s impervious surface. Mayor Buboltz suggested that action be taken on this motion and if Mr. Mercil can present documents or information that can mitigate this claim, the Council would reconsider this issue. Mayor Buboltz then called the question and the motion carried without a dissenting vote.
Pursuant to the recommendations 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, to approve the issuance of a variance to Stephen and Michelle Nordmark to exceed the 25% impervious surface requirement to allow a 10’x 10’ screen porch at 915 North Shore Drive subject to the following conditions:
1) That the storage shed be located as shown on the site plan;
2) That the screened porch be constructed as shown on the site plan and that there be no grade change;
3) That the owners obtain the required Pelican River Watershed District Permit; and
4) That the impervious surface on the site not exceed 27.7%.
Alderman Brenk, Chairman of the Community Development Committee, advised
the Council that the Community Development Committee recommends that the proposed ordinance amending the sign regulations be referred back to the Planning Commission for further review since there were new ideas and thoughts expressed at their Committee. Russ Newman, Newman Outdoor Signs, appeared before the Council objecting to the proposed regulations of business signs being limited to 300 square feet and height to be 32 feet above average grade. Mayor Buboltz requested that City staff review the regulations on portable signs and consider shortening the time frame. Tom Klyve, 1030 Summit Avneue, appeared before the Council, and spoke against increasing the size and height of signs.
Pursuant to
the advertisement for bids for construction of street and utility improvements
on
BIDDER BID
AMOUNT
Feldt Plumbing and Heating $755,000.00
Hough, Inc. 794,544.30
Sellin Brothers, Inc. 889,075.50
Upon the recommendation of the Street and Park Committee, a resolution was introduced by Alderman Heltemes, who moved its adoption, accepting the bid of Feldt Plumbing and Heating, Detroit Lakes, Minnesota, in the amount of $755,000.00, for utility and street improvements to Lake Avenue, from Willow Street to West Lake Drive, and the overlayment of Holmes Street, from West Avenue to Lake Avenue, and 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 improvements to the frontage road in front of L & M Fleet Supply/Section B, the following bids were received and opened at 2:00 P.M., May 27, 2004:
BIDDER BID
AMOUNT
Feldt Plumbing and Heating $90,567.84
Hough, Inc. 92,928.60
Alderman Heltemes, Chairman of the Street and Park Committee, advised the Council that it is the Committee’s recommendation to defer action on accepting a bid until the July 6, 2004, City Council, to give time for City staff to meet with the affected property owners since the bids came in over the estimated cost.
Upon the recommendation of the Street and Park Committee, a motion was made by Alderman Heltemes, seconded by Alderman Ness and carried, without a dissenting vote, accepting the engineering report on stormwater treatment for Lake Avenue/Fairgrounds pumping station drainage area and authorizing the City Engineer to proceed with development of a storm water detention basin.
Upon the
recommendation of the Street and Park Committee, Mayor Buboltz deferred action
on establishing no parking on the west side of
Pursuant to the request 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, to deny the request for yellow curb at the parking lot entrance to D.L. Professional Building, 115 West Willow Street primarily between the alley and parking lot approach because yellowing the approach does not satisfy the requirements for enforcement and also the cost involved.
Pursuant to the Street Commissioner obtaining quotes for a copier/fax for the Street Department, the following quotes were received:
BIDDER BID AMOUNT
Modern Business Equipment $6,747.00
Multiple Technologies 8,539.00
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 Modern Business
Equipment,
Pursuant to the request of the Chamber of Commerce and the recommendation of the Street and Park Committee, a motion was made by Alderman Aune, seconded by Alderman Anderson and carried, without a dissenting vote, authorizing the use of the area in front of the Freeman Arena and the new ice arena for shuttle bus service parking and 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 drop-off/pick-up point downtown during WE Fest August 5-7, 2004.
Pursuant to the request of Holmes
Center, Inc., and the recommendation of the Finance Committee, a motion was
made by Alderman Anderson, seconded by Alderman Hoeglund and carried, without a
dissenting vote, to deny their request to establish a trust fund to hold
endowment funds received by HCI because after City Attorney
Pursuant to the recommendation of the Tourism Bureau and the Finance Committee, a motion was made by Alderman Anderson, seconded by Alderman Imholte and carried, without a dissenting vote, authorizing the City to enter into a Purchase of Services Contract with the Detroit Lakes Regional Chamber of Commerce for Tourism Bureau Director services for the period July 1, 2004, through June 30, 2005.
Upon the recommendation of the
Finance Committee, a motion was made by Alderman Aune, seconded by Alderman
Anderson and carried, without a dissenting vote, authorizing two employees from
the City Attorney’s Office to attend the Annual City Attorney Legislative
Update in
Upon the recommendation of the Community Development Committee, a motion was made by Alderman Brenk, seconded by Alderman Tollefson and carried, without a dissenting vote, introducing for its second reading and adoption, Ordinance No. 254, a ordinance amending the Zoning Ordinance and requiring screening of parking lots in a “R-3” Multi-Family Residence District.
Upon the recommendation of the Community Development Committee, a motion was made by Alderman Brenk, seconded by Alderman Tollefson and carried, without a dissenting vote, introducing for its second reading and adoption, Ordinance No. 255, an ordinance changing the references to “communication towers” to all types of towers.
Upon the recommendation of the Community Development Committee, a resolution was introduced by Alderman Brenk, who moved is adoption, setting a public hearing for July 6, 2004, at 5:00 P.M., relative to the proposed annexation of a 10.50 acre tract of land in Section 26, Township 139N, Range 41 West in Detroit Township (Jodean Schoenberger). The motion for the adoption of the resolution was seconded by Alderman Ness and carried without a dissenting vote. The Mayor declared the resolution adopted.
Upon the recommendation of the Community Development Committee, a resolution was introduced by Alderman Brenk, who moved is adoption, setting a public hearing for July 6, 2004, at 5:00 P.M., relative to the proposed annexation of a 37.52 acre tract of land in Section 26, Township 139N, Range 41 West in Detroit Township (Rita Bristlin). 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 Public Safety Committee, a motion was made by Alderman Imholte, seconded by
Alderman Anderson and carried, without a dissenting vote, authorizing Police
Officer Wayne Tolbert to attend training in
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, to authorize the Detroit Lakes Fire Department to sell six airpacks to the Elbow Lake/Tulaby Lake and six airpacks to the Audubon Fire Department for $450.00 each.
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, authorizing four to six firefighters to attend the State Fire Conference in Red Wing June 10-12, 2004.
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 firework permits to WalMart (in-store) for June 4, 2004, through July 5, 2004, and to B.J. Alan Company, Youngstown, Ohio, to sell them in the K-Mart parking lot June 4, 2004, through July 5, 2004.
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, authorizing the
Detroit Lakes Regional Chamber of Commerce to conduct a fireworks display on
July 4, 2004, at the
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, approving the issuance of a transient merchant’s license for Clint Kraft dba Jan’s Kloset allowing him to sell clothes at the National Guard Armory July 1, 2004, pursuant to his application, surety bond and fee.
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 dance permit to Mike Checkalski/Night Storm allowing them to hold a dance on July 2-4, 2004, at the Pavilion.
Bruce Imholte, Chairman of the Public Safety Committee, informed the Council that the Lion’s Club contributed $5,000.00 to the City for the Emergency Warning System.
Upon the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Ness, seconded by Alderman Brenk and carried, without a dissenting vote, approving the request of Ordinary Joe’s Bar-B-Que to change the premise description on their liquor licenses to include a 30’ x 40’ cement area on the south side of their building.
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 request of Speak Easy to change their premise description on their liquor licenses to include a 20’ x 30’ cement slab and screened porch on the south side of the Speak Easy Building.
Upon the recommendation of the Liquor/Gambling Control Committee, a motion
was made by Alderman Ness, seconded by Alderman Aune and carried, without a
dissenting vote, authorizing a $250.00 donation to the Chamber of Commerce for
the July 4th fireworks display at the City beach from the Liquor
Fund.
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, authorizing a $200.00 donation to the D.L. Baseball
Association for the D.L. Baseball Program.
Upon the recommendation of the Liquor/Gambling Control Committee, a
motion was made by Alderman Tollefson, seconded by Alderman Ness and carried,
without a dissenting vote, authorizing a $100.00 donation to the Detroit Lakes
Police Department to purchase child safety and drug educational materials for
use in their programs for children.
Pursuant to the recommendation of the Liquor/Gambling Control Committee,
a motion was made by Alderman Tollefson, seconded by Alderman Ness and carried,
without a dissenting vote, approving the issuance of a temporary intoxicating
(wine and strong beer) license to M.C.W., Inc. dba Giovanni’a Pizza allowing
them to sell liquor at the Pavilion on June 19, 2004, in conjunction with a
birthday party.
Upon the recommendation of the Liquor/Gambling Control Committee, a
motion was made by Alderman Tollefson, seconded by Alderman Aune and carried,
without a dissenting vote, approving the
issuance of a temporary on-sale 3.2 malt liquor license to
Pursuant to 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 following gambling applications:
1)
Detroit Lakes Lions Club for
gambling at the Shorewood Pub;
2)
Holy Rosary Catholic Church
allowing raffles at the Freeman Arena during their Parish Festival on August
22, 2004; and
3)
Holy Rosary Catholic Church for a
raffle on August 29, 2004, at the Holy Rosary Catholic Community.
Upon the recommendation of the Liquor/Gambling Control Committee, a
motion
was made by Alderman Ness, seconded by Alderman Brenk and carried,
without a dissenting vote, approving the issuance of temporary on-sale 3.2 malt
liquor licenses to the Detroit Lakes Jaycees allowing them to sell beer at the
Pavilion on June 25, 2004, for the Pavilion Fund Raiser Dance and on June 26,
2004, for a wedding dance.
Pursuant to the
recommendation of the Public Utilities Committee, a motion was made by Alderman
Aune, seconded by Alderman Tollefson and carried, without a dissenting vote,
introducing for its second reading and adoption, Ordinance No. 256, an
ordinance amending Section 403.14 of the City Code establishing a fee for
abandoned water service lines.
Upon the recommendation
of the Public Utilities Committee, a resolution was introduced by Alderman
Aune, who moved its adoption, amending Section 210 of the City Code adding a
water service line abandonment fee in the amount of $1,500.00. 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
recommendation of the Public Utilities Committee, a resolution was introduced
by Alderman Aune, who moved its adoption, establishing a Broadband Wireless
Internet Rate. The motion for the
adoption of the resolution was seconded by Alderman Ness and carried without a
dissenting vote. The Mayor declared the
resolution adopted.
Upon the recommendation
of Mayor Buboltz, a motion was made by Alderman Heltemes, seconded by Alderman
Tollefson and carried, without a dissenting vote, appointing Bruce Raboin to
the Sports Arena Commission for the period June 1, 2004, through April 30,
2007.
A motion was made by
Alderman Aune, seconded by Alderman Anderson and carried, without a dissenting
vote, approving the issuance of a plumbing license for Bruce Parmer,
A motion was made by Alderman Aune, seconded by Alderman Anderson and carried, without a dissenting vote, that building permits for the month of June, 2004, in the estimated construction value of $5,121,710.00, 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
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 May 4, 2004, through June 1, 2004, in the amount of $2,270,140.97. 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 April, 2004, Fire Chief’s Reports, Monthly Blue Cross Blue Shield Health Insurance Report, Liquor Store Manager’s Report, parking violations report and Animal Control Report be approved and placed on file.
The motion was made by Alderman Brenk, seconded by Alderman Aune and carried, without a dissenting vote, approving the issuance of a cigarette license for one year to Casey’s Retail Company dba Casey’s General Store pursuant to their application and $100.00 fee.
The motion was made by Alderman Brenk, seconded by Alderman Aune and carried, without a dissenting vote, approving the Amended Currency Exchange License Application for Check Trek, Inc. which allows them to relocate their business to 701 Highway 34, Suite 1 in Detroit Lakes.
The motion was made by Alderman
Brenk, seconded by Alderman Heltemes and carried, with one dissent vote,
approving the issuance of a permit to Troy Carlson allowing a private dock and
boat ramp at
There being no further business to conduct, by general consent, the Mayor adjourned the meeting. (6:17 P.M.)
Respectfully submitted,
Lynne Krieger