Government, Minutes

Detroit Lakes, Minnesota

July 5, 2005

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, July 5, 2005, 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 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 and Fire Chief Jeffrey Swanson.

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

Absent: Alderman Heltemes and Liquor Store Manager Bradley MacMaster.

There being no corrections or additions to the minutes of the regular Council Meeting held June 7, 2005, and the special Council Meeting held June 16, 2005, 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 Council would at this present meeting conduct a hearing for the purpose of hearing public comment relative to proposed street and utility improvements to Peter Street, Mayor Buboltz opened the hearing at 5:03 P.M. Upon the Mayor’s request, City Engineer Gary Nansen summarized the report which was completed to evaluate construction require-ments and costs for watermain, sanitary sewer, storm sewer and street improvements to serve a proposed expansion site of BTD Manufacturing. Mr. Nansen advised that the total estimated cost of the project would be $114,750.00 of which $54,050.00 will be assessed against the benefited property owners. Ruth Gunderson, Schultz Garage and Bus Company, 1110 Randolph Road, appeared before the Council and spoke in opposition of the project. Chris Garnes, 28042 Randolph Road, expressed concern relative to the cost of the project. Dave Welte, BTD Manufacturing, spoke in favor of the project and advised that there is no other option for their proposed development and BTD is willing to finance a share of the proposed improvements. There being no further comments, the Mayor closed the hearing at 5:18 P.M. and reconvened the regular Council meeting.

Upon the recommendation of the Community Development Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, ordering the utility and street improvements and preparation of plans and specifications for Peter Street contingent upon an agreement between BTD Manufacturing and the Garnes relative to demolition of a barn on the Garnes’ property. The motion for the adoption of the resolution was seconded by Alderman Brenk. Upon the inquiry of Alderman Imholte, City Engineer Gary Nansen advised that construction for this project would probably start during the summer months of 2006 when school is out. Mayor Buboltz then called the question and the motion for the adoption of the resolution carried unanimously.

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 proposed water and sewer improvements to the Trunk Highway 59 South Frontage Road/LeRoy Howard Property, Mayor Buboltz opened the hearing at 5:22 P.M. City Engineer Gary Nansen summarized the proposed project and advised that the estimated cost would be $139,200.00 for Phase I and $104,340.00 for Phase II of which $27,760.00 and $85,140.00 would be assessable respectively. There being no further comments, Mayor Buboltz closed the hearing at 5:25 P.M. and reconvened the regular Council Meeting.

Upon the recommendation of the Community Development Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, ordering water and sewer improvements and preparation of plans and specifications on Highway 59 South/LeRoy Howard Property. 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 notice having been published in the official newspaper that the City Council, this date, would give consideration to approving the Redevelopment District Plan for Redevelopment Project No. 25 and establishing Tax Increment Financing District No. 25-1 and approving the Tax Increment Financing Plan for the Detroit Lakes Regional Chamber of Commerce, the Mayor called the hearing to order at 5:25 P.M. Community Development Director Larry Remmen briefly summarized the proposed TIF Plan which would provide up to $50,000.00 in pay as you go tax increment financing for construction of a new office building at 700 Summit Avenue for the Detroit Lakes Regional Chamber of Commerce. There being no oral or written comments, Mayor Buboltz closed the hearing at 5:26 P.M. and reconvened the regular Council Meeting.

Upon the recommendation of the Community Development Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, approving the Redevelopment Plan for Redevelopment Project No. 25 and approving the Tax Increment Financing Plan for Tax Increment Financing District No. 25-1 (Detroit Lakes Regional Chamber of Commerce). 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.

Pursuant to notice having been published in the official newspaper that the City Council, this date, would give consideration to approving the Redevelopment District Plan for Redevelopment Project No. 26 and establishing Tax Increment Financing District No. 26-1 and approving the Tax Increment Financing Plan for the MMCDC Housing Project/2^nd Phase of Long Bridge Heights Project, the Mayor called the hearing to order at 5:26 P.M. Community Development Director Larry Remmen briefly summarized the proposed TIF Plan which would provide up to $325,000.00 tax increment financing for the Long Bridge Heights Project which the Development Authority has recommended for approval. There being no oral or written comments, Mayor Buboltz closed the hearing at 5:28 P.M. and reconvened the regular Council Meeting.

Upon the recommendation of the Community Development Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, approving the Redevelopment Plan for Redevelopment Project No. 26 and approving the Tax Increment Financing Plan for Tax Increment Financing District No. 26-1 (MMCDC Housing Project /2^nd Phase of Long Bridge Heights Project). 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.

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 Tucker, seconded by Alderman Brenk and carried, with one abstention (Tucker), approving the preliminary plat of Bluff View Estates at 780 South Shore Drive, subject to the following conditions:

1) That the owner complete the vacation of road right-of-way between CSAH #24 and Lot 4;

2) That no building be allowed beyond the 33% non-buildable line;

3) That the Jacoby Tract on the east end be included in the plat and all lots be at least 75 feet wide;

4) That the owners complete quiet title action and plat to the water’s edge; and

5) That the owners sign an assessment agreement and agree to pay cash in lieu of the required 6% park dedication.

Pursuant to the request of Brian Johnson/Bridge, Inc. and upon the recommendation of the Public Safety Committee, a motion was made by Alderman Zeman, seconded by Alderman Brenk and carried, without a dissenting vote, to exempt all establishments holding liquor licenses from the 50-foot rule of the Noise Ordinance until 11:00 P.M. on Fridays and Saturdays through Labor Day Weekend. Alderman Zeman advised that a public hearing will be scheduled sometime in September/October to review how these exemptions worked and consider revisions to the Noise Ordinance. Upon City Administrator Richard Grabow’s inquiry, Mayor Buboltz advised that certain establishments that had exemptions until 12:00 A.M. for certain dates would still be honored.

Upon the recommendation of the Public Safety Committee, a motion was made by Alderman Hannon, seconded by Alderman Imholte and carried, without a dissenting vote, approving the issuance of a permit to Matt Wimmer/Giovanni’s Pizza allowing him to conduct a dance at the Pavilion on August 20, 2005, pursuant to the Police Chief recommending said issuance.

Upon the recommendation of the Community Development Committee, a resolution was introduced by Alderman Aune, who moved its adoption, accepting the feasibility report for water, sewer, storm sewer and street improvements to Clear Creek Phase I. 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.

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 Tucker, seconded by Alderman Brenk and carried, without a dissenting vote, approving the issuance of a setback variance to Jean Justesen allowing a 67’ setback from the ordinary high water mark relative to the construction of a screened porch at 858 Shorewood Drive, subject to the following conditions:

1) The property not exceed the 25% impervious surface limitation upon

completion of the project;

2) That the porch replace the existing deck and not exceed 12’ by 18’; and

3) That the porch be setback 67’ from the ordinary high water mark.

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, to abate the nuisance created by the basement excavation at 617 Thomas Avenue on July 19, 2005, if the basement is not filled in.

Pursuant to the recommendation of the Community Development Committee, a motion was made by Alderman Brenk, seconded by Alderman Aune and carried, without a dissenting vote, approving Change Order #1 to the Delzer Construction Contract adding the Long Bridge Heights, Phase 2A Water and Sewer Improvement Project, contingent upon financing.

Pursuant to the advertisement for bids for utility and street improvements to Long Lake Phase I and Brainard Village, the following bids were received on June 21, 2005:

BIDDER BID AMOUNT

Sellin Bros., Inc. $1,985,848.00

P.O. Box 159

Hawley, Minnesota 56549

S.J. Louis Construction, Inc. 2,233,920.65

P.O. Box 399

Waite Park, Minnesota 56387

Randy Kramer Excavating, Inc. 2,425,412.21

P.O. Box 498

Watkins, Minnesota 55389

Upon the recommendation of the Community Development Committee, a resolution was introduced by Alderman Aune, who moved its adoption, providing for the acceptance of the bid of Sellin Bros., Inc., Hawley, Minnesota, in the amount of $1,985,848.00, for utility and street improvements for Long Lake Road, Phase I and Brainard Village. 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 request of Patrick Onstad and upon the recommendation of the Community Development Committee, a motion was made by Alderman Aune, seconded by Alderman Brenk and carried, without a dissenting vote, authorizing the City Engineer to prepare a feasibility report on the construction of water and sewer to 200 permanent RV sites to be located on the Pelican River/River Hills Golf Course.

Upon the recommendation of the Community Development Committee, a motion was made by Alderman Aune, seconded by Alderman Hannon and carried, without a dissenting vote, introducing for its second reading and adoption Ordinance No. 275, an ordinance annexing 20.05 acres of land that abuts upon the City limits at the easterly boundary (Cleveland Property).

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 Aune, seconded by Alderman Anderson and carried, without a dissenting vote, approving the issuance of an impervious surface variance and set back variance to James and Nancy Vareberg/Jeff & Michelle Woskia to change a property with three cabins to a property with two cabins at 1151, 1153, 1157 West Lake Drive subject to the following conditions:

1) No construction is allowed closer to the lake than what presently

exists on the property;

2) That the deck to be re-built not exceed 8 feet by 10 feet and the adjacent concrete pad be removed;

3) That the total lot coverage not exceed 25% impervious surface;

4) That the owner provide the Community Development Office with a survey that shows the existing buildings and impervious surface and all proposed improvements. The survey must also show that no construction will be on the road right-of-way. The survey must be provided prior to issuance of a building permit.

5) The construction shall take place in accordance with the approved survey/site plan.

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 Tucker, seconded by Alderman Tollefson and carried, without a dissenting vote, introducing for its first reading an ordinance rezoning 419 West Central from “B-2” General Business District to “R-2” One and Two Family Resident District.

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 Tucker, seconded by Alderman Aune and carried, without a dissenting vote, approving the issuance of a variance to Paul and Adele Skoda allowing construction of a home 23’ from the top of a bluff at 1808 East Shore Drive with the condition that the home be set back 23’ from the bluff as shown on the approved site plan.

Upon the recommendation of the Community Development Committee, a motion was made by Alderman Tucker, seconded by Alderman Anderson and carried, without a dissenting vote, authorizing the sale of the tax forfeited parcel at 820 West Main for $400.00.

Upon the recommendation of the Community Development Committee, a motion was made by Alderman Tucker, seconded by Alderman Tollefson and carried, without a dissenting vote, introducing for its first reading an ordinance amending the City Subdivision Regulations for governmental units permitting subdivisions of less than five acres without a plat.

Pursuant to the advertisement for bids for the 2005 Street Bituminous Rehabilitation Project, the following bids were received and opened on June 23, 2005, at 2:00 P.M.:

BIDDER BID AMOUNT

Lakes Paving, Inc. dba Sherbrooke Asphalt $242,259.94

P.O. Box 515

Detroit Lakes, Minnesota 56502

Central Specialties, Inc. 468,243.95

6325 County Road #87 SW

Alexandria, Minnesota 56308

Upon the recommendation of the Street and Park Committee, a resolution was introduced by Alderman Tollefson, who moved its adoption, providing for the acceptance of the bid of Lakes Paving, Inc. dba Sherbrooke Asphalt, Detroit Lakes, Minnesota, in the amount of $242,259.94, for the 2005 Street Bituminous Rehabilitation Project. The motion for the adoption of the resolution was seconded by Alderman Hannon and carried without a dissenting vote. Mayor Buboltz declared the resolution adopted.

Pursuant to the request of the Pelican River Watershed District and upon the recommendation of the Park Board and Street and Park Committee, a motion was made by Alderman Tollefson, seconded by Alderman Imholte and carried, without a dissenting vote, authorizing the Pelican River Watershed District to chemically treat flowering rush on the City Beach and approving the expenditure of $1800.00 for the chemicals.

Upon the recommendation of the Street and Park Committee, a motion was made by Alderman Imholte, seconded by Alderman Tollefson and carried, without a dissenting vote, approving the designation of two thirty-minute parking spaces in front of the Pink Barracuda Dive Shop, 515 Washington Avenue, and D & D Appliance, 517 Washington Avenue.

Pursuant to the recommendation of the Street and Park Committee, a motion was made by Alderman Aune, seconded by Alderman Brenk and carried, without a dissenting vote, approving the issuance of a transient merchant’s license to T.A.P. Enterprises allowing them to sell tools at the American Legion, 810 West Lake Drive, on August 16, 2005, pursuant to their application, surety bond and fee.

Upon the recommendation of the Street and Park Committee, a motion was made by Alderman Aune, seconded by Alderman Brenk and carried, without a dissenting vote, to approve the closing of various City streets for the 2005 Dick Beardsley Half Marathon and 5K Run September 10, 2005.

Pursuant to the recommendation of the Street and Park Committee, a motion was made by Alderman Aune, seconded by Alderman Brenk and carried, without a dissenting vote, approving the Detroit Lakes Regional Chamber of Commerce’s request to block off Washington Avenue from Highway 10 to Frazee Street, with the exception of the Holmes Street intersection, for Crazy Days August 2, 2005, from 6:00 A.M. to 7:00 P.M.

Upon the recommendation of the Street and Park Committee, a motion was made by Alderman Aune, seconded by Alderman Brenk and carried, without a dissenting vote, authorizing the attendance of Street Commissioner Roy Estes to the Ice Arena Manager’s Meeting on September 7-9, 2005, in Grand Rapids, Minnesota.

Pursuant to the recommendation of the Street and Park Committee, a motion was made by Alderman Aune, seconded by Alderman Brenk and carried, without a dissenting vote, authorizing the attendance of Street Employee Roger Pierson to the 2005 Waste-water Training in Brainerd on August 23-25, 2005.

Upon the recommendation of the Street and Park Committee, a motion was made by Alderman Imholte, seconded by Alderman Tollefson and carried, without a dissenting vote, to approve the issuance of permits to J & K Marine to allow a “Family Fun Day” Boat Sale on the City Beach adjacent to their dock facilities on July 9-10, 2005, and a boat sale on September 2-5, 2005, and setting the permit fee at $200.00/permit.

Pursuant to the recommendation of the Street and Park Committee, a motion was made by Alderman Imholte, seconded by Alderman Tollefson and carried, without a dissenting vote, authorizing the City Administrator to advertise for bids for remodeling the Pavilion.

Upon the recommendation of the Finance Committee, a resolution was introduced by Alderman Brenk, who moved its adoption, approving plans and specifications and authorizing the advertisement for bids for construction of a private hangar taxiway, such bids to be received and opened on July 26, 2005, at 10:00 A.M. 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 Finance Committee, a resolution was introduced by Alderman Brenk, who moved its adoption, authorizing the Detroit Lakes HRA to levy taxes in the amount of .0144% of the taxable market property value in the City of Detroit Lakes for Year 2005 collectible in 2006. 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 Finance Committee, a motion was made by Alderman Brenk, seconded by Alderman Tollefson and carried, without a dissenting vote, approving a policy for the City of Detroit Lakes, relative to receiving bids.

Pursuant to the recommendation of the Finance Committee, a motion was made by Alderman Brenk, seconded by Alderman Tollefson and carried, without a dissenting vote, authorizing the City Administrator to purchase two tracts of land in the Long Lake area to be used for storm water retention basins in the amount of $61,000.00. Alderman Brenk advised that this cost will be assessed to several developers.

Upon the recommendation of the Public Safety Committee, a motion was made by Alderman Zeman, seconded by Alderman Imholte and carried, without a dissenting vote, authorizing the Detroit Lakes Volunteer Fire Department to enter into a Fire Station Site Agreement with WE Fest, Inc., which provides the stationing of four Fire Department firefighters and two trucks at the WE Fest grounds for four eight-hour shifts August 4-6, 2005, in the amount of $4,800.00.

Upon the recommendation of the Public Safety Committee, a motion was made by Alderman Anderson, seconded by Alderman Tollefson and carried, without a dissenting vote, authorizing the Police Chief to advertise and sell a 1993 Nissan Maxima forfeiture vehicle.

Pursuant to the recommendation of the Public Safety Committee, a motion was made by Alderman Anderson, seconded by Alderman Tollefson and carried, without a dissenting vote, approving the issuance of a fireworks permit for Pamida, Inc., pursuant to their application and fee.

Upon the recommendation of the Public Safety Committee, a motion was made by Alderman Hannon, seconded by Alderman Imholte and carried, without a dissenting vote, accepting the resignation of Linda Wagendorf who is retiring and authorizing the Police Chief to fill the Records Clerk Technician Position.

Pursuant to 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 issuance of a temporary on-sale 3.2 malt liquor license to the Detroit Lakes Jaycees allowing them to sell beer on July 3, 2005, at the Fairgrounds for a tractor pull and on July 27-30, 2005, at the Fairgrounds for the Becker County Fair, pursuant to their application and fee.

Upon the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Anderson, seconded by Alderman Tollefson and carried, without a dissenting vote, approving the issuance of a temporary 3.2 malt liquor license to Holy Rosary Catholic Community allowing them to sell beer at the Freeman Sports Arena on August 21, 2005, in conjunction with their Parish Festival.

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

1) Holy Rosary Church for gambling (raffles and bingo) at the Freeman Sports Arena on August 21, 2005, in conjunction with their Parish Festival; and

2) Habitat for Humanity of the Detroit Lakes Area for a raffle at the Freeman Sports Arena on March 26, 2006.

A motion was made by Alderman Anderson, seconded by Alderman Tollefson and carried, without a dissenting vote, approving the issuance of a plumbing license for six months to Michael Peterson dba Peterson Mechanical, Fargo, pursuant to his application, compliance bond and fee.

A motion was made by Alderman Anderson, seconded by Alderman Tollefson and carried, without a dissenting vote, approving the issuance of cigarette licenses, for one year, for Stop-N-Go #445, 339 Highway 10 East, Book World, Inc., 815 Washington Avenue, Sandbar II, 880 Randolph Road and Casey’s Retail Company, 104 Roosevelt Avenue, pursuant to their application and $100.00 fee.

Pursuant to City Charter, Chapter 6, Section 6.04 and upon the recommendation of the Mayor, a motion was made by Alderman Anderson, seconded by Alderman Tollefson and carried, without a dissenting vote, appointing the Finance Committee (Anderson, Brenk, Imholte and Tollefson) as the Budget Committee for 2005.

A motion was made by Alderman Imholte, seconded by Alderman Brenk and carried, without a dissenting vote, authorizing the attendance of Council and staff to the Coalition of Greater Minnesota Cities 2005 Summer Conference in Moorhead, Minnesota, July 27-29, 2005.

A motion was made by Alderman Anderson, seconded by Alderman Tollefson 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 $1,658,352.79 as of June 30, 2005, be accepted, approved and placed on file.

Pursuant to the recommendation of the Finance Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, approving the payment of claims paid by proper authorization covering the period June 8, 2005, through July 5, 2005, in the amount of $3,658,983.37. 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.

The motion was made by Alderman Anderson, seconded by Alderman Tollefson and carried, without a dissenting vote, that the County Court Report for May, 2005, 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 Brenk seconded by Alderman Aune and carried, without a dissenting vote, approving the issuance of a permit to consume at the Pavilion on August 13, 2005, for the Ann Leclerc Family Reunion.

A motion was made by Alderman Aune, seconded by Alderman Imholte and carried, without a dissenting vote, approving the gambling application submitted by the Detroit Lakes Jaycees for bingo at the Pavilion on July 14, 2005, in conjunction with the Water Carnival.

There being no further business to conduct, by general consent, the Mayor adjourned the meeting (5:37 P.M.)

Respectfully submitted,

Lynne Krieger

Asst. City Administrator