Detroit Lakes, Minnesota
July 31, 2006
A special meeting of the City Council was called to order in the Council Chambers of the City Administration Building at 5:00 P.M., Monday, July 31, 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; Community Development
Director Larry Remmen; Street Commissioner Roy Estes; Public
Utilities Superintendent Curt Punt and Police Chief Kelvin Keena.
Aldermen: Anderson, Anne, Brenk, Hannon, Heltemes, Imholte, Tollefson, Tucker and Zeman.
Absent: Assistant City Administrator Lynne Krieger; Finance Officer Louis Guzek; Liquor Store Manager Bradley MacMaster; Fire Chief Jeff Swanson; City Engineer Gary Nansen and Building Official Cal Mayfield.
A motion was made by Alderman Tollefson, seconded by Alderman Hannon, approving the request of Menard, Inc. and Encore Investment LLC (Mark Vanyo) to treat the storm water from Mark Vanyo’s property in Menard’s storm water pond under the following conditions:
1. That the Pelican River Watershed District approves the plan.
2. That the City of Detroit Lakes takes over ownership and maintenance of Menard, Inc. storm water ponds 1 and 2.
Mark Vanyo appeared before the Council and spoke on behalf of himself and Menard, Inc. for the project. Following discussion, Mayor Buboltz called the question and the motion carried with Alderman Imholte abstaining.
Pursuant to notice having been published in the official newspaper that the City Council, this date, would hear comments on proposed Ordinance No. 293, an ordinance amending the Home Rule Charter, Mayor Buboltz called the hearing to order at 5:10 P.M.
City Attorney William Briggs spoke concerning his opinion on the Council’s July 17, 2006 Special Meeting, advising that the Council’s actions on that date would sufficiently change Ordinance No. 293 to require a new hearing and publication of the changes made on July 17, 2006. Mr. Briggs noted that there was insufficient time to complete the publication requirements with the changes prior to the November General Election.
City Administrator, Richard Grabow reviewed proposed Ordinance No. 293 describing the changes from the current City Charter.
Mayor Buboltz requested comments from the audience, there being no additional written or oral comments, the hearing was closed at 5:40 P.M. and the Special Council Meeting reconvened.
Mayor Buboltz reviewed some options that the Council would have to resolve the City Attorney’s concerns with Ordinance No. 293 and expressing his objections to not conducting a Special Election on the ordinance.
After discussion, the motion was made by Alderman Hannon and seconded by Alderman Heltemes to table action on Ordinance 293. Mayor Buboltz called for a roll call vote and the following vote was recorded, Ayes: Aldermen Zeman, Heltemes and Hannon, Nays:
Alderman Tucker, Tollefson, Anderson, Brenk, Aune and Imholte. Mayor Buboltz declared the motion defeated.
After discussion, Alderman Tucker made a motion to approve the second reading of Ordinance 293 without the changes that were made at the July 17, 2006 Special Meeting. After further discussion, Mayor Buboltz called the question and the following roll call vote was recorded: Ayes: Aldermen Tucker, Tollefson, Anderson, Brenk, Aune and Imholte. Nays: Aldermen Zeman, Heltemes and Hannon. Mayor Buboltz declared the motion defeated due to the lack of the required eight votes needed to pass the motion.
Clayton Schott requested that the Council consider delaying action on Ordinance No 293 and receive additional public comment.
After further discussion and without coming to a consensus, concerning proposed
Ordinance No. 293, the motion was made by Alderman Tucker, seconded by Alderman
Anderson and carried, without a dissenting vote, to adjourn. Mayor Buboltz declared the meeting adjourned. (6:14 P.M.)
Respectfully submitted,
Richard Grabow
City Administrator