Government/Minutes

Detroit Lakes, Minnesota

July 11, 2006

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 11, 2006, 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; Street Commissioner Roy Estes; Public Utilities Superintendent Curt Punt; City Engineer Gary Nansen; Police Chief Kelvin Keena; Building Official Calvin Mayfield and Liquor Store Manager Bradley MacMaster.

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

Absent: Fire Chief Jeffrey Swanson.

Mayor Buboltz asked for a moment of silence to honor Troy Linden, who grew up in Detroit Lakes and was killed in Iraq while serving in the National Guard.

Pursuant to notice having been published in the official newspaper that a public hearing would be held to hear comment on the proposed annexation of a 24.1 acre tract of land in Section 10 and 15, Township 138N, Range 41W (The Preserve), Mayor Buboltz called the hearing to order at 5:02 P.M. Community Development Director Larry Remmen advised that this property is south of Grandview by Glawe Lake and that the request was by petition of 100% of the property owners and recommended the annexation. There being no written or oral comments, the Mayor closed the hearing at 5:03 P.M.

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, introducing for its first reading, an ordinance annexing a 24.1 acre tract of land in Section 10 and 15, Township 138N, Range 41W (The Preserve) to the City of Detroit Lakes.

The Mayor called to order a hearing at 5:04 P.M. to consider the matter of a reported nuisance at 113 West Union created by two unlicensed inoperable vehicles. Police Chief Kelvin Keena advised that both vehicles had been removed. There were no further comments and Mayor Buboltz closed the hearing at 5:04 P.M.

Upon the recommendation of the Mayor, a motion was made by Alderman Hannon, seconded by Alderman Tollefson and carried, without a dissenting vote, appointing Matthew Brun to the position of Police Officer in the City of Detroit Lakes effective June 21, 2006. After the appointment, Matthew Brun was sworn in by the Mayor.

Upon the recommendation of the Finance Committee, a resolution was introduced by Alderman Brenk, who moved its adoption, declaring the total cost of water and sewer improvements to Long Lake Phase II to be $3,777,301.00, the City’s portion to be $1,429,853.22 and $2,347,447.78 to be assessed against the benefited property owners and ordering the preparation of proposed assessments. Rory Nordine, 16275 Long Lake Road, appeared before the Council with questions and objected to the assessments as they were too high. City Administrator Richard Grabow advised that the water and sewer project is proceeding and the people who are not annexed into the City and want to hook-up to water and sewer have an opportunity to sign an agreement with the City providing for those services and for payment of them. After 2008, when they are annexed into the City, an assessment hearing will be held and at that time a formal assessment will be adopted which will be levied against the properties. After further discussion, the motion for the adoption of the resolution was seconded by Alderman Imholte and carried without a dissenting vote.

Pursuant to the recommendations of the Planning Commission which were submitted to the City Council and upon the recommendation of the Community Development, a motion was made by Alderman Anderson, seconded by Alderman Brenk and carried without a dissenting vote, approving the issuance of a front yard setback variance to Tom and Linda Henderson allowing construction of an addition to a home at 1112 Rossman Avenue. In making their recommendation, the Planning Commission noted the following:

1) The request was for a reasonable use of the property that was

similar to the use other property owners in the area enjoyed.

Several properties in the area had entries closer than 30 feet from

their front lot line;

2) The hardship was not created by the property owner; and

3) The change does not alter the essential character of the neighbor-

hood.

The motion was made by Alderman Imholte, seconded by Alderman Hannon and carried, without a dissenting vote, to approve the June 6, 2006, and the June 15, 2006, City Council Minutes subject to correcting the following:

1) Alderman Tucker’s motion in the third paragraph on Page 3 of the June 6, 2006, Meeting should read as follows: Pursuant to the recommendations of the Planning Commission which were submitted to the City Council and upon the recommendation of the Park Board and the Community Development Committee, a motion was made by Alderman Tucker, seconded by Alderman Brenk that the protective easement meets the park dedication requirements for the River Hills Park Plat.

2) Alderman Anderson was not present at the June 15, 2006, Meeting and the motion approving the issuance of a special permit to The Bridge had two dissenting votes.

1) The garage not exceed 24 x 28 feet;

2) The garage shall be set back 5 feet from the side yard and 50 to 51

feet from the front yard lot line along Minnesota Avenue;

3) The garage shall have 2 foot overhang or less; and

4) There shall be no additional structures on the lot.

In making their decision, the Planning Commission felt the request was reasonable because:

1) The owner had a double frontage lot and was placing the garage in an

area that would be considered a rear yard;

2) The unique circumstances were not caused by the property owner;

3) The change was in keeping with the character of the neighborhood as both adjoining properties had garages in their front yards along Minnesota Avenue.

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 Anderson, seconded by Alderman Heltemes and carried approving the request of Dennis Meyer/City of Detroit Lakes allowing the transfer of useable square footage from Lots 1 and 2, Block 3 Pelican River Estates, to be sold to the City for stormwater purposes, to a commercial lot on the Pelican River at 609 Highway 10 East subject to a 20 foot wide easement for sanitary sewer purposes in favor of the City of Detroit Lakes and an easement for driveway purposes.

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 Anderson, seconded by Alderman Brenk and carried, without a dissenting vote, introducing for its first reading an ordinance amending the Zoning Ordinance adding the definition of rear yard for riparian lots as follows: A yard extending across the full width of the lot and lying 30 feet from the lot line abutting and parallel to the public right-of-way (road side) and the nearest line of the principal structure. All buildings n the area must have a 10 foot yard setback.

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 Tucker who moved its adoption, approving the final plat of Lake Breeze Estates First Addition. 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.

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, introducing, for its second reading and adoption, Ordinance No. 291, an ordinance rezoning 1554 and 1558 Randolph Road from an “R-2” One and Two Family Residence District to an “R-3” Multi-Family Residence District.

Pursuant to the recommendation of the Community Development Committee, a resolution was introduced by Alderman Tucker, who moved its adoption, approving plans and specifications and authorizing the calling of bids on water and sewer improvements to 130 permanent RV sites to be located on the Pelican River/River Hills Park. 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 Tucker, seconded by Alderman Brenk and carried, without a dissenting vote, approving Change Order No. 1 to the Sanitary Sewer Extension Project for Lake Breeze Estates First Addition, in the amount of $46,000.00, to extend sanitary sewer on the south edge of the Diamond Willow Property in Lake Breeze Estates, subject to the execution of a development agreement.

Pursuant to the request of Don Busker, developer of Pleasant Acres, a motion was made by Alderman Tucker, seconded by Alderman Brenk and carried, without a dissenting vote, approving a three-year deferral on assessments for Pleasant Acres provided that Mr. Busker pays the 5% fees as outlined in the Development Agreement.

Upon the recommendation of the Community Development Committee, a motion was made by Alderman Tucker, seconded by Alderman Hannon and carried, with one abstention (Imholte), to accept the bid of AAA Development, Detroit Lakes, in the amount of $18,500.00 for City property at 1617 East Shore Drive. Alderman Hannon thanked the Council for selling this property and suggested that a portion of the money from the sale be used to provide street lighting by at the corner of OxCart Trail and Highway 10. Mayor Buboltz referred the issue to the Street and Park Committee.

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, authorizing the attendance of Building Official Calvin Mayfield to the Minnesota Plumbing Inspector Certification Course in Blaine, Minnesota, on September 9, 2006.

Pursuant to the advertisement for bid for construction of a storm water treatment pond for the Sports Arena pumping station outlet, the following bids were received and opened on July 6, 2006, at 10:00 A.M.:

BIDDER BID AMOUNT

Feldt Plumbing LP $ 84,910.63

28442 State Highway 34

Detroit Lakes, MN 56501

Wayne A. Nelson, Inc. 99,229.25

P.O. Box 146

Lake Park, MN 56554

Sellin Bros., Inc. 105,670.25

P.O. Box 159

Hawley, MN 56549

D&S Gravel & Excavating 117,740.35

P.O. Box 429

Audubon, MN 56511

Central Specialties, Inc. 133,352.15

6325 Co. Road #87 SW

Alexandria, MN 56308

Strata Corporation 144,917.25

3132 First Avenue North

Fargo, ND 58102

Eagle Construction Co., Inc. 148,368.50

515 9^th Avenue NW

Little Falls, MN 56345

Upon the recommendation of the Street and Park Committee, a motion was made by Alderman Imholte, seconded by Alderman Heltemes and carried, without a dissenting vote, to accept the bid of Feldt Plumbing LP, Detroit Lakes, Minnesota, in the amount of $84,910.63, for construction of a storm water treatment pond for the Sports Arena pumping station outlet.

Pursuant to the recommendation of the Street and Park Committee, a resolution was introduced by Alderman Imholte, who moved its adoption, approving plans and specifications and calling for bids on sanitary sewer and watermain improvements for lots adjacent to Woodcrest Boulevard, Heather Lane and Sunset Park, such bid opening date to be set by the City Administrator and City Engineer. 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 Street and Park Committee, a motion was made by Alderman Hannon, seconded by Alderman Imholte and carried, without a dissenting vote, to approve a three-year (2006-2009) ice arena rental agreement with the Youth Hockey Association, subject to the changes suggested by the City Attorney. Alderman Zeman suggested that if unexpected high cost for maintenance occur within this three-year period, the Youth Hockey Association should share in these expenses.

Pursuant to the recommendation of the Street and Park Committee, a motion was made by Alderman Hannon, seconded by Alderman Tollefson and carried, without a dissenting vote, approving the list of items stored at the Street and Park Department to be sold at City Auction.

Upon the recommendation of the Street and Park Committee, a motion was made by Alderman Aune, seconded by Alderman Hannon and carried, without a dissenting vote, to approve the closing of various City streets for the 2006 Dick Beardsley Half Marathon and 5K Run, September 9, 2006.

Pursuant to the recommendation of the Street and Park Committee, a motion was made by Alderman Aune, seconded by Alderman Hannon and carried, without a dissenting vote, to approve the issuance of a transient merchant’s license for James Damman/Gary Cox/Tom Hoffe allowing them to sell WE Fest tickets August 2-5, 2006, at 1575 West Lake Drive, 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 Hannon and carried, without a dissenting vote, to approve the request of Darvin Jahnke to conduct a vintage snowmobile show in the City Park on September 30, 2006.

Pursuant to the recommendation of the Street and Park Committee, a motion was made by Alderman Aune, seconded by Alderman Hannon and carried, without a dissenting vote, to approve the issuance of a semi-commercial dock at Holiday Haven Motel, 220 West Lake drive, pursuant to their application and fee.

Upon the recommendation of the Street and Park Committee, a motion was made by Alderman Aune, seconded by Alderman Hannon and carried, without a dissenting vote, approving the attendance of Street Commissioner Roy Estes to the Annual Minnesota Ice Arena Managers’ Conference, September 6-8, 2006, in Brainerd.

Pursuant to the recommendation of the Finance Committee, a motion was made by Alderman Brenk, seconded by Alderman Hannon and carried, without a dissenting vote, introducing for its second reading and adoption, Ordinance No. 292, an ordinance amending the storm water drainage charges.

Mayor Buboltz referred the proposal of ACS to accommodate the production and carriage of the City Council Meeting on Channel 14 and the request of the Boys and Girls Club Board of Directors for an increase in their donation from the Public Utilities for help with their rising utility expenses, to the Budget Committee.

Upon the recommendation of the Finance Committee, a resolution was introduced by Alderman Brenk, who moved its adoption, approving the Mayor and City Administra-tor enter into an agreement with the State of Minnesota which shall provide that the City shall pay it’s share of the cost of a traffic control signal system at Highway 10 and Airport Road, contingent upon execution of agreement by WalMart and Menard to pay the City share of the costs. 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 motion was made by Alderman Brenk, seconded by Alderman Hannon and carried, without a dissenting vote, approving the purchase of Lot 1 and 2 of Block 3, Pelican River Estates, in the amount of $50,000.00, for storm water holding for to the Laurie Avenue and Pembina Trail, Street, Water and Sewer Project.

Upon the recommendation of the Finance Committee, a resolution was introduced by Alderman Brenk, who moved its adoption, approving participation in the CorVel Management Care Plan for the City’s workers’ compensation effective July 1, 2006. 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.

Pursuant to the recommendation of the Finance Committee, a motion was made by Alderman Brenk, seconded by Alderman Hannon and carried, without a dissenting vote, approving a change order to the Sellin Bros. Contract extending the completion time for the Lake Breeze and Lake Forrest Underground Utility and Street Improvement Project to July 15, 2006.

Upon the recommendation of the Finance Committee, a motion was made by Alderman Brenk, seconded by Alderman Hannon and carried, without a dissenting vote, approving a change order to the Sellin Bros. Contract extending the completion time for the Long Lake Road and Brainard Village Project to July 15, 2006.

Pursuant to the recommendation of the Finance Committee, a motion was made by Alderman Aune, seconded by Alderman Hannon and carried, without a dissenting vote, approving the work and authorizing the final payment to Lakes Paving, Inc., in the amount of $9,343.65, for the 2005 Street Bituminous Rehabilitation Project.

Pursuant to the request of the Chamber of Commerce Scenic Byway Committee and upon the recommendation of the Finance Committee, a motion was made by Alderman Brenk, seconded by Alderman Zeman and carried, without a dissenting vote, to provide $2,500.00/year for the Scenic Byway Project relative to the placement of signs on Highway 34 and 59. Upon the request of Alderman Imholte, City Administrator Richard Grabow will write a letter, on behalf of the City Council, asking the Tourism Bureau’s consideration to participating in this project.

Upon the recommendation of the Finance Committee, a motion was made by Alderman Brenk, seconded by Alderman Zeman, to authorize the expenditure of up to $4,000.00 for the installation of a security gate to separate Pavilion bathrooms from the rest of the Pavilion and requested the Street Commissioner to install the gate as soon as possible. Aldermen Tollefson and Tucker expressed concerns about the expenditure of $4,000.00 when in time the Street Department would be able to complete the project for $1,000.00. Alderman Zeman spoke in favor of having the restrooms open to the public as soon as possible. Mayor Buboltz then called the question and the motion carried.

Pursuant to the request of Police Chief Kelvin Keena and upon the recommendation of the Public Safety Committee, a motion was made by Alderman Heltemes, seconded by Alderman Hannon, to accept the resignation of Todd Glander and place him on the Civil Service Reinstatement Register according to Police Civil Service Commission Rules and Regulations, Section 20. Alderman Zeman spoke in opposition of placing Mr. Glander on the Reinstatement Register. Mayor Buboltz then called the question and the motion carried.

After discussion and upon the recommendation of the Public Safety Committee, a motion was made by Alderman Heltemes, seconded by Alderman Tollefson and carried, without a dissenting vote, to set the City Sale for August 24, 2006, at 12:00 P.M. to be located west of the Becker County Food Pantry/Fairgrounds.

Pursuant to the recommendation of the Public Safety Committee, a motion was made by Alderman Heltemes, seconded by Alderman Zeman and carried, without a dissenting vote, to approve the list of items stored at the Police Department to be sold at City auction.

Upon the recommendation of the Public Safety Committee, a motion was made by Alderman Heltemes, seconded by Alderman Hannon and carried, without a dissenting vote, authorizing the Fire Chief to enter into a Fire Station Site Agreement with WE Fest for the period August 3-5, 2006.

Pursuant to the recommendation of the Public Safety Committee, a resolution was introduced by Alderman Heltemes, who moved its adoption, authorizing the execution of The Clay County Chiefs Association Joint Cooperative Agreement for use of fire personnel and equipment. 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 Liquor/Gambling Control Committee, a motion was made by Alderman Aune, seconded by Alderman Anderson and carried, without a dissenting vote, accepting the proposal of Stein Chemical, Moorhead, Minnesota, in the amount of $2,295.00, for a floor scrubber.

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, approving the issuance of temporary on-sale intoxicating liquor Licenses for the Holiday Inn for the following locations:

June 30, at the Pavilion

July 8, at Holy Rosary

July 8, at Holmes Center

July 13, at Holmes Center

July 28, at Holmes Center

August 11, at Pavilion

August 12, at Holmes Center

August 19, at Holmes Center

August 26, at Holmes Center

September 9 at Pavilion

September 16 at Holmes Center

Upon 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 issuance of a temporary on-sale intoxicating liquor license to the Sandbar II allowing them to sell liquor at the Pavilion on July 22, 2006.

Pursuant to 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, approving a temporary on-sale 3.2 malt liquor license to the Holy Rosary Catholic Church allowing them to sell beer at the Sports Arena on August 20, 2006, at their Parish Festival.

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, approving a gambling application submitted by the Holy Rosary Catholic Church for gambling at the Sports Arena on August 20, 2006, at their Parish Festival.

Pursuant to 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, approving a temporary transient merchant’s license to Mike Chandler allowing him to sell 10,000 Lakes Festival Tickets and WE Fest Tickets at Island’s Parking Lot (1377 West Lake Drive) July 19-22, 2006, and August 1-5, 2006, pursuant to his application, surety bond and fee.

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, approving a one-day transient merchant’s license to TAP Enterprises to sell tools at the Detroit Lakes Community and Cultural Center, August 1, 2006, pursuant to their application, surety bond and 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 Heltemes and carried, without a dissenting vote, appointing the Finance Committee (Anderson, Brenk, Imholte and Tollefson) as the Budget Committee for 2006.

Upon the recommendation of the Mayor, a motion was made by Alderman Anderson, seconded by Alderman Brenk and carried, without a dissenting vote, introducing, for its first reading, an ordinance amending the current City Home Rule Charter by the adoption of a new charter.

Pursuant to the recommendation of Mayor Buboltz, a motion was made by Alderman Heltemes, seconded by Alderman Hannon and carried, without a dissenting vote, to set a special City Council Meeting for 3:00 P.M., July 17, 2006, to review the proposed amendments, to set a public hearing for July 27, 2006, at 5:00 P.M. to hear public comment on the proposed adoption of a new Home Rule Charter and to set a Special City Council Meeting for July 31, 2006, at 5:00 P.M. to give consideration to the second reading and adoption of the ordinance amending the City Home Rule Charter.

Upon the recommendation of the Mayor, a motion was made by Alderman Imholte, seconded by Alderman Brenk and carried, without a dissenting vote, appointing Warren LaVoi to another three-year term on the Police Civil Service Commission effective September 30, 2006.

A motion was made by Alderman Brenk, seconded by Alderman Aune and carried, without a dissenting vote, authorizing the attendance of Council and staff to the League of Minnesota Cities “A River Runs Through It” Course on August 17, 2006, in Detroit Lakes.

A motion was made by Alderman Aune, seconded by Alderman Hannon and carried, without a dissenting vote, approving the issuance of a plumbing license to Bert Overland, Jr., dba Overland Mechanical Services, Fergus Falls, for six months, pursuant to his application, compliance bond and fee.

A motion was made by Alderman Aune, seconded by Alderman Hannon and carried, without a dissenting vote, approving the issuance of cigarette licenses, for one year, to Stop-N-Go #445 and Casey’s General Store #22219, pursuant to their application and $100.00 fee.

A motion was made by Alderman Aune, seconded by Alderman Hannon 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 $3,832,490.34 as of June 30, 2006, 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 June 7, 2006, through July 31, 2006, in the amount of $3,297,937.48. 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.

The motion was made by Alderman Aune, seconded by Alderman Hannon and carried, without a dissenting vote, that the County Court Report for May, 2006, 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.

There being no further business to conduct, by general consent, the Mayor adjourned the meeting (6:30 P.M.)

Respectfully submitted,

Lynne Krieger

Asst. City Administrator