Detroit Lakes, Minnesota
June 10, 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, June 10, 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 Sergeant Tim Eggebraaten; Building Official Calvin Mayfield and
Liquor Store Manager Bradley MacMaster.
Aldermen: Aune, Brenk, Hannon, Heltemes, Imholte, Tollefson, Tucker and Zeman.
Absent: Police Chief Kelvin Keena.
There being no corrections or additions to the minutes of the regular Council Meeting held May 13, 2008, and the special City Council Meeting held April 16, 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 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 5:00 P.M. There being no oral or written comments, the Mayor closed the hearing at 5:01 P.M. and reconvened the
Council Meeting.
Upon the recommendation of the Public Works Committee, a resolution was introduced, by Alderman Imholte,, who moved its adoption,
ordering the improvement of curb, gutter, concrete driveway and concrete walk for 2008. The motion for the adoption of the resolution was
seconded by Alderman Brenk 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 Anderson
and carried, without a dissenting vote, introducing for its second reading and adoption Ordinance No. 322, an ordinance amending Section 24 of
the Zoning Ordinance regulating electronic and motion signs.
Pursuant to the recommendation of the Community Development Committee, a motion was made by Alderman Brenk, seconded by Alderman
Anderson and carried, without a dissenting vote, authorizing the Community Development Director Larry Remmen to publish a summary of Ordinance No. 322.
Community Development Committee, a resolution was introduced Alderman Brenk approving the preliminary and final plat of a two lot plat of
White Clover Beach Third Addition, 813 Shorewood Drive/Heartland Home Construction, subject to the owner paying the $2,500.00 park
dedication fee prior to the City signing the plat. 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 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 Hannon and carried, without a dissenting vote,
giving preliminary and final approval of a Planned Unit Development allowing two principal uses on the same lot in an Industrial District at 1421
Richwood Road/Pet Care Systems, subject to the following three conditions:
1) That the required parking for both buildings be provided;
2) That the buildings be spaced at least 40 feet apart; and
3) In the event the property is sold, the building setbacks from the lot lines must be met or the lot must be sold as one property.
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 Tollefson and carried, without a dissenting
vote, approving the issuance of a variance to Paul and Nancy Collins allowing construction of a garage in the front yard on a double frontage lot at
924 Summit Avenue, subject to the following conditions:
1) That the garage be setback at least 20 feet from the property line; and
2) That Qwest is willing to allow a garage under the phone line in this area.
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 Anderson and carried, without a
dissenting vote, approving the issuance of a conditional use permit to Steve Beitelspacher allowing a professional office at 903 Summit Avenue,
subject to the following conditions:
1) That the office is limited to no more than two attorneys and support staff;
2) That the upstairs be used only for the owners of the property and not be leased to any third party; and
3) That at least two parking spaces be provided on the north side of the lot behind the house.
Upon Alderman Heltemes’ inquiry, City Administrator Louiseau advised that the parking issue in that area will be discussed at the Long Range
Planning Meeting.
Pursuant to the recommendation of the Community Development Committee, a motion was made by Alderman Aune, seconded by
Alderman Tucker and carried, without a dissenting vote, that building permits for the month of May, 2008, in the estimated construction value of $2,576,456.50, 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.
Upon the recommendation of the Public Works Committee, a motion was made by Alderman Imholte, seconded by Alderman Brenk and carried, without a dissenting vote, approving the report given by the City Engineer on the storm water basin at West Holmes Street and authorizing staff to start discussions with the Watershed District to make sure the basin will comply with their requirements.
Pursuant to the recommendation of the Public Works Committee, a motion was made by Alderman Imholte, seconded by Alderman Brenk, introducing for its second reading and adoption Ordinance No. 323 amending Chapter 900, Nuisances and Section 904, Ice and Snow on Public Sidewalks. Alderman Tucker expressed concern about the term “all” snow and ice will be taken literally. The Mayor requested that a report from the Public Works Director be made in February, 2009, relative to how this ordinance is working. City Administrator Louiseau advised that this ordinance will be compliant driven rather than the City inspecting the sidewalks. Alderman Zeman reiterated that all citizens in the City should have the benefit of the City clearing off their sidewalks with their blade. Mayor Buboltz then called the question and the motion carried unanimously.
Upon the recommendation of the Public Works Committee, a motion was made by Alderman Imholte, seconded by Alderman Hannon and carried, without a dissenting vote, accepting the report prepared by the City Engineer and authorize staff to begin discussions with the Sandbar II owners and MnDOT relative to the paying the expenses on the construction of an access to the Sandbar II’s parking lot behind their establishment.
Pursuant to the recommendation of the Public Works Committee, a motion was made by Alderman Imholte, seconded by Alderman Zeman and carried, without a dissenting vote, authorizing Scott Brevik to show free movies in the City Park, subject to the following conditions:
1) That movies not last past 11:00 P.M. on Friday nights; and
2) That this authorization is through the month of July, 2008, and then will be reviewed before further authorization will be granted.
Alderman Zeman informed the audience that Mr. Brevik is looking for a projector and a large screen.
Upon the recommendation of the Public Works Committee, a motion was made by Alderman Imholte, seconded by Alderman Hannon and carried, without a dissenting vote, authorizing the request of Steven Bore to bring the DSK8 Truck to Detroit Lakes over the July 4-6, 2008, to do free DSK8 Demos at the Sports Arena Parking Lot West of the Skateboard Park.
The City Council acknowledged receipt of the 2008 Seal Coating Plan that was
approved in the Budget.
Upon the recommendation of the Public Works Committee, a motion was made by Alderman Aune, seconded by Alderman Tucker and carried, without a dissenting vote, authorizing the issuance of a Fertilizer License for Laker Chemical, Inc., dba Team Laboratory Chemical Corporation, pursuant to their application and fee.
Pursuant to the recommendation of the Public Works Committee, a motion was made by Alderman Imholte, seconded by Alderman Zeman and carried, without a dissenting vote, approving the issuance of a dock permit to Helen Trisko allowing a semi-commercial dock at 612 West Lake Drive/Viking Motel.
Upon the recommendation of the Finance Committee, a motion was made by Alderman Anderson, seconded by Alderman Imholte and carried, without a dissenting vote, accepting and approving the audited 2007 Financial Statement.
Upon the recommendation of the Finance Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, authorizing the City to enter into grant agreements with MnDOT and the FAA for financing relative to the installation of water and sewer to the Airport and purchase of a loader with snow blower. 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.
According to copies of the changes sent to each member of the Council, a motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting vote, authorizing the Mayor and City Administrator to execute the Memorandum of Agreement between AFSCME Local Union #568 and the City for the period January 1, 2008, through December 31, 2008.
Pursuant to the recommendation of the Public Safety Committee, a motion was made by Alderman Aune, seconded by Alderman Tucker and carried approving the issuance of a “Application to Exceed the Noise Limits in Detroit Lakes” to David Bakke, Christian Fellowship Church, allowing bands at the former “Green Door” location on West Lake Drive on Fridays and Saturdays through Labor Day Weekend.
Upon the recommendation of the Public Safety Committee, a motion was made by Alderman Aune, seconded by Alderman Tucker and carried, without a dissenting vote, authorizing the Chamber of Commerce to conduct a fireworks display on July 4, 2008, at the City Beach.
Pursuant to the recommendation of the Police Chief and Public Safety Com-mittee, a motion was made by Alderman Aune, seconded by Alderman Tucker and carried, without a dissenting vote, approving the issuance of a permit for Mike Checkalski/Night Storm allowing them to conduct dances on July 3-5, 2008, at the Pavilion.
Upon the recommendation of the Public Safety Committee, a motion was made by Alderman Aune, seconded by Alderman Tucker and carried, without a dissenting vote, approving the issuance of a fireworks permit allowing Pamida #122 to sell fireworks in their store at 605 Highway 10 East.
Pursuant to the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Aune, seconded by Alderman Tucker and carried, without a dissenting vote, approving the issuance of a temporary on-sale intoxicating liquor license for the Sandbar II allowing them to sell and serve alcoholic beverages at the Pavilion for a wedding on July 25, 2008.
Upon the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Aune, seconded by Alderman Tucker and carried, without a dissenting vote, approving a permit to consume alcoholic beverages at the Pavilion for Lakeshirts relative to their sales conference May 30-31, 2008.
Pursuant to the recommendation of the Liquor/Gambling Committee, a motion was made by Alderman Aune, seconded by Alderman Tucker and carried, without a dissenting vote, approving a gambling application submitted by the Humane Society for gambling at the Beach Front, 720 West Lake Drive.
Upon the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Aune, seconded by Alderman Tucker and carried, without a dissenting vote, approving the issuance of a temporary intoxicating liquor license for Sandbar II to sell and serve alcoholic beverage at the Fairgrounds for the Tractor Pull on June 7, 2008.
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 a permit to consume alcoholic beverages at the Pavilion for Lidia Vieyra on May 25, 2008, and Jose Escobar on June 8, 2008, relative to Quinceaneva Parties.
Upon the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Aune, seconded by Alderman Tucker and carried, without a dissenting vote, approving the issuance of a temporary 3.2 malt liquor license for the Holy Rosary Church relative to their Parish Festival at the Sports Arena August 17, 2008.
Pursuant to the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Heltemes, seconded by Alderman Tollefson and carried, without a dissenting vote, approving a $100.00 donation from the Liquor Fund for the Police Department’s Child Safety Program.
Upon the recommendation of the Mayor, a motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting vote, appointing Ron Sprafka and Marlys Douglas to the Detroit Lakes Library Board for three-year terms effective September 1, 2008.
The Mayor instructed staff to send a thank you letter to Rhoda Hooper for her many years of service on the Library Board.
Upon the recommendation of the Mayor, a motion was made by Alderman Aune, seconded by Alderman Imholte and carried, without a dissenting vote, authorizing the attendance of Council and staff to the Coalition of Greater Minnesota Cities Summer Conference in Mankato, Minnesota, on July 30-August 1, 2008.
A motion was made by Alderman Aune, seconded by Alderman Tucker and carried, without a dissenting vote, approving the issuance of a plumbing license to Terry Wendt dba McKenzie Heating and Cooling, Frazee, pursuant to his application, compliance bond and $25.00 fee.
A motion was made by Alderman Aune, seconded by Alderman Tucker and carried, without a dissenting vote, approving the issuance of cigarette licenses, for one year, for Nihar, Inc., dba Food-N-Fuel, 106 Barbara Avenue, and Book World, 816 Washington Avenue, pursuant to their application and $100.00 fee.
A motion was made by Alderman Aune, seconded by Alderman Tucker 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
$3,595,176.08 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 May 14, 2008, through June 10, 2008, in the amount of
$3,276,667.81. 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.
The motion was made by Alderman Aune, seconded by Alderman Tucker and carried, without a dissenting vote, that the Animal Control Report, County Court Report for April, 2008, Chief of Police Reports, Fire Chief’s Report, Liquor Store Manager’s Report and parking violations report be approved and placed on file.
A motion was made by Alderman Brenk, seconded by Alderman Zeman and carried, without a dissenting vote, approving the use of the City Park and various street closings, for the 2008 Dick Beardsley Half Marathon, 5K Run and 1K Kid’s Run on September 6, 2008.
There being no further business to conduct, by general consent, the Mayor adjourned the meeting (5:44 P.M.)
Respectfully submitted,
Lynne Krieger
Asst. City Administrator