Detroit Lakes, Minnesota July 10, 2007

 

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 10, 2007, 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 Works Director Brad Green; 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, Hannon, Heltemes, Imholte, Tollefson, Tucker and Zeman.

 

Absent:              Public Utilities Superintendent Curt Punt.

 

There being no corrections or additions to the minutes of the regular Council Meeting held June 12, 2007, the Mayor declared that they would stand approved according to copies of same sent to each member of the Council.

 

.The Mayor called to order a hearing at 5:06 P.M. to consider the matter of a reported nuisance at 1306 Lori Avenue created by an accumulation of debris. Upon Mayor Buboltz's request, Building Official Calvin Mayfield advised the Council that some of the items have been removed but there was no improvement on the outside. Marilyn McKean, 13 06 Lori Avenue, appeared before the Council to ask for an extension of time. After discussion, Mayor Buboltz closed the hearing at 5:13 P.M. and reconvened the regular Council Meeting.

 

Upon the recommendation of the Community Development Committee, a motion was made by Alderman Imholte, seconded by Alderman Brenk and carried, without a dissenting vote, that a nuisance exists in violation of City Code Chapter 901 at 1306 Lori Avenue due to accumulation of debris and order the abatement of the nuisance if the property is not cleaned inside and out by July 31, 2007. Alderman Aune expressed his concern that this has been an ongoing situation for a number of years and needs to be taken care of.

 

Mayor Buboltz called to order a hearing at 5:15 P.M. to consider the matter of a reported nuisance at 312 State Street East created by an accumulation of debris, i.e. rims, bricks, scrap lumber, doors, tarps shingles, mattress, pallets, bags of garbage, trailer with garbage, pick up camper and two cars with no current license. Upon Mayor Buboltz's request, Building Official Calvin Mayfield advised the doors and two cars have been removed. Christopher Gessell, tenant at 312 State Street East, asked for an extension of time to clean-up the property. Mayor Buboltz then closed the hearing at 5:17 P.M. and reconvened the regular Council Meeting.

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Upon the recommendation of the Community Development Committee, a motion was made by Alderman Anderson, seconded by Alderman Brenk and carried, without a dissenting vote, that the nuisance exists in violation of City Code Chapter 901 at 312 State Street East due to accumulation of debris and order the abatement of the nuisance if the property is not cleaned up by July 31, 2007.

The Mayor called to order a hearing at 5:17 P.M. to consider the matter of a reported nuisance at 113 West Union created by three unlicensed vehicles. Building Official Calvin Mayfield informed that one vehicle has been removed. There being no further comments, the Mayor closed the hearing at 5:17 P.M. and reconvened the regular Council Meeting.

 

Upon the recommendation of the Community Development Committee, a motion was made by Alderman Harmon, seconded by Alderman Brenk and carried, without a dissenting vote, that the nuisance exists in violation of City Code Chapter 901 at 113 West Union due to the two unlicensed ears and orders the abatement of this nuisance.

 

Laurie Mullen, representing Western Area Cities Counties Organization presented Police Chief Kelvin Keena with a new defibulator for one of the squad cars.

 

Pursuant to the Planning Commission recommendations 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, approving the issuance of a variance to Breezy Shores Resort, allowing a 47% impervious surface coverage for a paved parking lot at 1275 West Lake Drive, subject to the following conditions:

1)                               That the owners obtain the required Pelican River Watershed District Permit;

2)                               That a landscape plan be presented to the City and approved prior to issuance of a building permit for the parking lot paving; and

3)                               That no run-off to the adjoining lots is permitted.

Upon making their recommendation, the Planning Commission noted that a paved lot along with a Stormwater Management Plan was better than the current Class 5 graveled lot which was impervious and also put a lot of silt into the lake during stonnwater events.

 

Upon the recommendation of the Community Development Committee, a resolution was introduced by Alderman Brenk, who moved its adoption, to record in City Council minutes, the Council's intentions to vacate those portions of McKinley Avenue and Holmes Street lying easterly of the relocation of McKinley Avenue and Holmes Street and North of Frazee Street and to convey the same to the Central Market property owner as part of mitigation measures in conjunction with the Highway 10 Project. 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 Planning Commission which were submitted to the City Council and upon the recommendation of the Community Development

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Committee, a motion was made by Alderman Brenk, seconded by Alderman Aune and carried, without a dissenting vote, approving the issuance of a side yard variance to M & L Building Partnership/L & M Fleet allowing construction of a 20' x 60' metal storage building in the side yard at 1100 Highway 59 South, subject to the following conditions:

 

1)                    The building shall be located as shown on the approve site plan; and

2)                    The pallets currently on-site shall be stored inside or moved to the back of the principal building.

 

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 Brenk, seconded by Alderman Tollefson and carried, authorizing the issuance of a variance to Henry Fischer approving a 25.65 percent impervious surface allowing construction of an 8 x 12 foot storage building at 816 Whitetail Lane. Alderman Imholte reminded everyone that asphalt or impervious surface put down adds cost to the City's Stormwater Fund and noted that he would be voting against this variance as it is not a hardship. Mayor Buboltz then called the question and the motion carried.

 

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 Tower Road Industrial Park subject to the Detroit Lakes Development Authority entering into a Development Agreement addressing the restrictive covenants limiting building height and implementation of the Landscape Plan. 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 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 Ridgewood North Addition. The motion for the adoption of the resolution was seconded by Alderman Anderson 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 Aune and carried, without a dissenting vote, introducing for its second reading and adoption Ordinance No. 312, rezoning the Tower Road Industrial Park from "I-2" Heavy Industrial to "I-1" Light Industrial.

 

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 second reading and adoption, Ordinance No. 313, an ordinance adding Chapter 1007 to the City Code regarding Stormwater Run-off and Erosion and Sediment Control.

 

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, introducing, for its first reading, an ordinance adopting the latest version of the Minnesota State Building Code.

Pursuant to the recommendation of the Community Development Committee, a resolution was introduced by Alderman Brenk, who moved its adoption, amending the City Code by changing the fee for Building Code plan review to $50.00 per hour and establishing an investigative fee that may not exceed the permit fee. The motion for the adoption of the resolution was seconded by Alderman Zeman and carried without a dissenting vote. Mayor Buboltz declared the resolution adopted.

Pursuant to the recommendation of the Community Development Committee, a motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting vote, that building permits for the month of June, 2007, in the estimated construction value of $1,694,704.95, 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 Developmeit 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, authorizing the City Administrator to engage the services of, attorney specializing in Labor Relations Services in the matter of a grievance filed by the AFSCME Union.

 

Pursuant to the recommendation of the Public Works Committee, a motion was made by Alderman Irnholte, seconded by Alderman Brenk and carried, without a dissenting vote, allowing more than two dogs at 612 North Washington Avenue, until December 31, 2007, pursuant to their application and $10.00 fee.

 

Pursuant to the request of Amanda Molacek and upon the recommendation of the Public Works Committee, a motion was made by Alderman Imholte, seconded by Alderman Heltemes and carried, without a dissenting vote, to allow blocking off a portion of the beach by the Pavilion at 5:00 P.M. for her wedding on August 17, 2007.

 

Upon the recommendation of the Public Works Committee, a motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting vote, approving the issuance of a one-day transient merchant's license to Homier Distributing allowing them to sell merchandise in the National Guard Armory on August 29, 2007, pursuant to their application, surety bond and fee.

Pursuant to the recommendation of the Public Works Committee, a motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting vote, approving the issuance of four-day transient merchant's licenses to Mike Chandler and Gary Cox allowing them to sell WE Fest Tickets on August 1-4, 2007, at 1377 West Lake

Drive/Islands and 1575 West Lake Drive respectively.

 

Pursuant to the request of St. Mary's Nursing Home and upon the recommendation of the Public Works Committee, a motion was made by Alderman Imholte, seconded by

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Alderman Hannon and carried without a dissenting vote, approving St. Mary's request for twelve temporary parking spots for visitors on both side of their facility and to move their loading site a block north from where it is starting the end of July, 2007, through the end of November, 2007.

 

A Special Public Works Committee Meeting was set for July 24, 2007, at 3:30 P.M., in the Conference Room of the City Administration Building to discuss the Capital Improvement Plan and the Highway 10 wall design.

 

Upon the recommendation of the Finance Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, adopting the assessment roll, as presented, for extension of water and sewer to 13286 Highway 10 East/Wa11FAB, Inc., showing an assessable cost of $7,455.82 to be assessed in equal annual installments over a period of fifteen years at an interest rate of six (6%) percent per annum. The motion for the adoption of the resolution was seconded Alderman Aune and carried without a dissenting vote. The Mayor declared the resolution adopted.

 

Pursuant to the recommendation of the Finance Committee, a motion was made by Alderman Anderson, seconded by Alderman Imholte and carried, without a dissenting vote, approving Change Order No. 3 to the Spruce Valley Corporation Contract for the 2006 Sanitary Sewer and Watermain Improvement Project (Long Lake Road, Phase 2, Ridgewood Estates), to extend their contract until July 15, 2007.

 

Pursuant to the request of the Lake Country Scenic Byway Committee and upon the recommendation of the Finance Committee, a motion was made by Alderman Anderson, seconded by Alderman Hannon and carried, without a dissenting vote, authorizing the Public Works Department and Public Utilities Department to help erect a sign on Highway 59 South and a sign on Highway 34 relative to the Scenic Byway and to use the balance of the funds up to $8,900.00 to be appropriated from the fund balance in the Liquor Fund. Alderman Hannon thanked the Public Utilities Department for the installation of electric service to illuminate the signs.

 

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 entering into a Fire Station Site Agreement with WE Fest for August 2-4, 2007.

 

Pursuant to the request of the Lakes Curling Club and upon the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Aune, seconded by Alderman Hannon and carried, without a dissenting vote, to refer their request for a donation or pledge to help renovate the curling ice and building to the Budget Committee.

 

Upon 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, to approve the issuance of a temporary on-sale intoxicating liquor license to the Sandbar II allowing them to serve and sell alcoholic beverages at the Pavilion on July 31, 2007, for the City of Detroit Lakes Volunteer Picinic.

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Pursuant to the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting vote, approving a gambling application allowing Holmes Center Inc., to conduct a raffle on August 4, 2007, at the Detroit Lakes Community and Cultural Center.

 

Upon the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting vote, approving permits to consume alcoholic beverages at the Pavilion for the Leopoldo Chavez Family on August 4, 2007, and the Geraldine Rutledge Party on August 10, 2007.

 

Pursuant to the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Heltemes, seconded by Alderman Hannon and carried, without a dissenting vote, approving a permit to consume alcoholic beverages at the Pavilion for the John Loreth Family Reunion Party on September 29, 2007

 

Pursuant to the recommendation of the Public Utilities Commission, a motion was made by Alderman Tollefson, seconded by Alderman Heltemes and carried, without a dissenting vote, authorizing the Public Utilities Commission to proceed^. with advertising for bids for the construction of a new electric utility work center.

 

Mayor Buboltz directed the City Administrator to send a letter of appreciation to Dixie Johnson for her service on the Detroit Lakes Development Authority.

 

Upon the recommendation of the Mayor, a motion was made by Alderman Brenk, seconded by Alderman Heltemes and carried, without a dissenting vote, appointing Dennis Winskowski to the Development Authority for a 3-year term effective August 1, 2007.

 

Pursuant to the recommendation of the Mayor, a motion was made by Alderman Brenk, seconded by Alderman Zeman and carried, without a dissenting vote, appointing Mary Beth Gilsdorf to a three-year term on the Development Authority effective August 5, 2007.

 

Upon the recommendation of the Mayor, a motion was made by Alderman Hannon, seconded by Alderman Tollefson and carried, without a dissenting vote, appointing Sally Oja and Julie Sanders to another three-year term on the Detroit Lakes Library Board effective September 1, 2007.

 

A motion was made by Alderman Amderson, seconded by Alderman Aune and carried, without a dissenting vote, approving the issuance of cigarette licenses, for one year, to the Casey's General Store #2219, 104 Roosevelt Avenue, Sandbar II, 880 Randolph Road and Book World, Inc., 815 Washington Avenue, pursuant to their application and $100.00 fee.

 

A motion was made by Alderman Anderson, seconded by Alderman Aune 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

$4,576,451.92 as of June 30, 2007, be accepted, approved and placed on file.