Detroit Lakes, Minnesota

                                                                                    August 8, 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, August 8, 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; Planning Secretary Nancy Wichmann; 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; Liquor Store Manager Bradley MacMaster and Fire Chief Jeffrey Swanson.

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

            Absent: Police Chief Kelvin Keena; Assistant City Administrator Lynne Krieger and Finance Officer Louis Guzek.

            There being no corrections or additions to the minutes of the regular Council Meeting held July 11, 2006, and the special meeting of the City Council held July 3, 2006, the Mayor declared that they would stand approved according to copies of same sent to each of the member of the Council.

            Pursuant to notice having been published in the official newspapers that the City Council, this date, would hear public comment and give consideration to the issuance of $2,200,000.00 revenue notes for Lakes Homes and Program Development, Inc., Mayor Buboltz called the hearing to order at 5:02 P.M.  City Administrator Richard Grabow advised that Lakes Homes and Program is financing several projects in Detroit Lakes, one in Fergus Falls and one in Mahnomen and has asked the City of Detroit Lakes to assist in the financing of the projects by acting as a conduit by selling the $2,200,000.00 bonds. He further advised that the City has no obligation or involves no expense for the issuance of the bonds.  There being no oral or written comments, Mayor Buboltz closed the hearing at 5:05 P.M.

            Upon the recommendation of the Finance Committee, a resolution was introduced by Alderman Brenk, who moved its adoption, approving the issuance of and sale of $2,200,000.00 Care Facility Revenue Notes, Series 2006 on behalf of Lakes Homes and Program and authorizing the Mayor and City Administrator to execute a Loan Agreement, Pledge Agreement and Joint Powers Agreement relating to the revenue notes.  and request the City Attorney to review the documents with such expense being the responsibility of Lakes Homes and Program.  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 Mayor called to order a hearing at 5:07 P.M. to consider the matter of a reported nuisance at 1007 McKinley Street.  Building Official Calvin Mayfield advised the Council that the property has been cleaned up.  There being no written or oral comments, Mayor Buboltz closed the hearing at 5:09 P.M.  No action was taken.

            The Mayor called to order a hearing at 5:09 P.M. to consider the matter of a reported nuisance at 122 Minnesota Avenue.  Building Official Calvin Mayfield advised the Council that the property has been cleaned up.  There being no written or oral comments, Mayor Buboltz closed the hearing at 5:09 P.M. and reconvened the regular Council Meeting.  No action was taken.

            Kim and Josh Bettcher, Detroit Lakes Jaycees’ Co-Admirals of the 71st Water Carnival appeared before the City Council and thanked the City, Police, Fire and Street Departments for their support of the Water Carnival.

            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 Tucker, seconded by Alderman Brenk and carried, without a dissenting vote, approving the reconstruction of a boathouse, construction of a garage and front yard, side yard and impervious surface variances to Paul and Shelly Giauque to reconstruct an 11’ x 11’ boat house and a garage and screened porch at 1244 East Shore Drive subject to the following conditions:

            1)         That the 11’ x 11’ boathouse not exceed 10 feet in height and be  constructed 20 feet from the Ordinary High Water Mark and 3 feet from the side lot line;

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

            3)         That the owners have the approved Stormwater Management Plan in place prior to construction of any buildings;

            4)         That the garage not exceed 26 x 26 feet and that it be located 20 feet from the lot line near the road and 5 feet from the side lot line as shown on the approved site plan;

            5)         That the owner remove the large storage bin from the property prior to issuance of a building permit;

            6)         That the screen porch be located on the side of the house and not exceed 280 square feet and be setback 5 feet form the side lot line.  A gutter shall be installed to move water away from the side yard;

            7)         That an open deck be allowed on the front of the house that does not extend more than 12 feet from the front of the house nor closer than 62 feet to the ordinary high water mark; and

            8)         Impervious surface shall not exceed 26.5 percent.

            Upon the recommendation of the Community Development Committee, a resolution was introduced by Alderman Aune, who moved its adoption, approving the final plat of The Preserve, contingent upon the granting of a street easement.  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 recommendation of the Community Development Committee, a motion was made by Alderman Aune, seconded by Alderman Brenk and carried, without a dissenting vote, approving a Development Agreement with Moorhead Center Development for construction of water and sewer to the Preserve Development.

            Upon the recommendation of the Community Development Committee, a motion was made by Alderman Tucker, seconded by Alderman Zeman and carried, without a dissenting vote, introducing for its second reading and adoption, Ordinance No. 294, an ordinance annexing a 24.1 acre tract of land in Section 10 and 15, Township 138N, Range 41W (The Preserve)

            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 Anderson and carried, without a dissenting vote, approving the issuance of a sideyard variance to Erika and Dale Johnson allowing construction of a foundation under an existing home at 676 South Shore Drive.

            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 Anderson and carried, without a dissenting vote, approving the preliminary plat of Pleasant Acres Three on  Homestead Street, subject to the following conditions:

            1)         That the owner sign an assessment agreement relative to water and sewer and street improvements;

            2)         That the easement of Homestead Street affecting Lots 14 and 15 be rescinded;

            3)         That Sparrow Street be shown as Homestead Street on the plat;

            4)         That Lots 3 & 4, Block 2 be oriented east and west;

            5)         That any required utility easements be shown on the plat;

            6)         That a cul-de-sac be placed at the north end of Washington Avenue; and

            7)         That Lot 15 be eliminated from the plat.

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 front yard variance to Glenn and Deb Disse allowing a 28’ x 36’ garage to replace a smaller garage at 290 South Shore Drive subject to the following conditions:

1)                  That the garage be setback 10 feet from the property line adjacent to the road;

2)                  That the access be to the side of the garage as shown on the approved site plan; and

3)                  That a survey of the property be required

            Upon the recommendation of the Community Development Committee, a motion was made by Alderman Aune, seconded by Alderman Anderson and carried, without a dissenting vote, introducing for its second reading and adoption, Ordinance No. 295, an ordinance adding a definition for rear yard for riparian lots to the Zoning Ordinance.

            Pursuant to the recommendation of the Community Development Committee, a resolution was introduced by Alderman Aune, who moved its adoption, approving the State Legislature enact special Tax Increment Financing legislation (Chapter 259, Article 10, Section 13) for Detroit Lakes relative to the Highway 10 Redevelopment Area.  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 Community Development Committee, a resolution was introduced by Alderman Aune, who moved its adoption, in support of legislation to extend the life of JOBZ Legislation to provide qualified businesses with a full 12 years of JOBZ exemptions.  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.

            Pursuant to 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 partial release of an easement of a portion of Homestead Street.

            Upon the recommendation of the Community Development Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, setting a public hearing for September 13, 2006, at 5:00 P.M. for the proposed annexation of property 100% surrounded (Cheryl Avenue – South of Snappy Park).  The motion for the adoption of the resolution was seconded by Alderman Heltemes and carried, without a dissenting vote.  Mayor Buboltz declared the resolution adopted.

            Community Development Director Larry Remmen advised the Council that the Minnesota Department of Transportation has requested that the City get involved in the acquisition of the Kentucky Fried Chicken Property, 332 Frazee Street East.  As part of the Highway 10 Development Project the City will purchase the property and the State will reimburse the City for purchasing the property and the City will in turn lease the property back to Kentucky Fried Chicken.  The City will also in turn sell a portion of the former Kentucky Fried Chicken property to Central Market at less than market value as part of their compensation package from Department of Transportation for Highway 10 project impacts. 

            Upon the recommendation of the Community Development Committee, a motion was made by Alderman Anderson, seconded by Alderman Brenk, to instruct City staff to obtain an appraisal on the American National Bank property on Highway 10 West (former Grover-Lindberg Property).  Upon the inquiry of Aldermen Zeman and Hannon, Mayor Buboltz informed them that there will be two parts to the appraisal, one for 1.6 acres that will be needed for the road project and an appraisal of the remaining 5.1 acres. Mayor Buboltz then called the question and the motion carried, without a dissenting vote.

            Pursuant to the Street Commissioner obtaining proposals for the demolition of the Band Shell, the following proposals were received on August 1, 2006:

            Bidder                                                                          Bid Amount

            Feldt Plumbing LLP                                                      $ 3,570.00

            28442 State Highway #34

            Detroit Lakes, MN   56501

            Hough, Inc.                                                                      4,923.00

            P.O. Box 2

            Detroit Lakes, MN   56502

Upon the recommendation of the Street and Park Committee, a motion was made by Alderman Hannon, seconded by Alderman Tollefson and carried, without a dissenting, accepting the quote of Feldt Plumbing, LLP, Detroit Lakes, Minnesota, in the amount of $3,570.00, for the demolition of the Band Shell.

            Upon the request of the adjacent property owner for fencing of the Fairground’s storm water pond, and upon 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, denying the request pursuant to the consideration of the Council discretionary acts.

            Pursuant to the recommendations of the Park Board and the Street and Park Committee, a motion was made by Alderman Hannon, seconded by Alderman Imholte and carried, without a dissenting vote, to accept cash (approximately $2,000) for the park dedication instead of property in the Misty Meadows Subdivision.

            Upon the recommendation of the Street and Park Committee, a motion was made by Alderman Tollefson, seconded by Alderman Hannon and carried, with one abstention (Imholte), approving Change Order No. 4 and approving the final payment, in the amount of $539,888.80, to AAA Construction, Detroit Lakes, relative to the Pavilion Renovation Project.

            Pursuant to the request of Lakes Crisis and Resource Center, and the recommendation of the Street and Park Committee, a motion was made by Alderman Tollefson, seconded by Alderman Imholte and carried, without a dissenting vote, designating two 30-minute parking spaces in front of their office at 103 Front Street.

            Upon the recommendation of the Street and Park Committee, a motion was made by Alderman Tollefson, seconded by Alderman Heltemes and carried, without a dissenting vote, to refer the matter of using land sale proceeds for installation of a street light on Ox Cart Trail and Highway 10 to the Budget Committee.

            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, to set a public hearing for September 13, 2006, at 5:00 P.M. to hear public comment concerning the possibility of making the alley from Frazee Street to Holmes Street between Washington Avenue and Lincoln Avenue a one way.

            Pursuant to the Street Commissioner obtaining quotes for a 72” mower for the Park Department, the following quotes were received:

            Bidder                                                              Bid Amount

            MTI Distributing                                               $17,806.73

            4830 Azelia Avenue North, Suite 100

            Brooklyn Center, MN   55429-3831

            Tri State Company                                             18,541.65

            Northfield, MN   55057

Upon the recommendation of the Street and Park Committee, a motion was made by Alderman Imholte, seconded by Alderman Hannon and carried, without a dissenting vote, accepting the bid of MTI Distributing, in the amount of $17,806.73, for a 72” mower for the Park Department.

            Upon the recommendation of the Street and Park Committee, a motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting vote, authorizing the attendance of Street Commissioner Roy Estes to the Annual Fall Conference of MRPA, to be held in Plymouth, Minnesota, on November 14-16, 2006.

            Pursuant to the recommendation of the Street and Park Committee, a motion was made by Alderman Imholte, seconded by Alderman Zeman and carried, without a dissenting vote, authorizing the City Engineer to prepare a preliminary engineering report for the 2007 Street Reconstruction and Mill and Overlay Project.

            Upon the recommendation of the Finance Committee, a resolution was introduced by Alderman Brenk, who moved its adoption, accepting the feasibility report on proposed sanitary sewer and watermain improvements to Richwood Road from Terry Street to Tower Road.  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 Council acknowledged receipt of the Holmes Center, Inc., Financial Statements for Years ended March 31, 2006 and 2005.

            Upon the recommendation of the Finance Committee, a motion was made by Alderman Brenk, seconded by Alderman Imholte and carried, without a dissenting vote, approving a transfer from the Liquor Fund, in the amount of up to $110,000.00, to finish the financing of the Band Shell/Pavilion Renovation Project.

            Upon the request of Mayor Buboltz, a motion was made by Alderman Brenk, seconded by Alderman Hannon and carried, without a dissenting vote, instructing the City Administrator to send a letter of thanks to the Pavilion Restoration Committee, Street Commissioner Roy Estes and the Street Department for all of their work on the Pavilion Project.

Upon the recommendation of the Finance Committee, a motion was made by Alderman Brenk, seconded by Alderman Imholte and carried, without a dissenting vote, approving the sale of the following parcels and easements to the Minnesota Department of Transportation for the Highway 10 Project:

            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 Change Order #2 to the 2005 Lake Breeze Estates Street and Utility Improvement Project Contract, in the amount of $90,070.01. 

            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, accepting the work and authorizing final payment, in the amount of $33,790.26, on the Long Bridge Heights Phase Two Project.

            Upon the recommendation of the Finance Committee, a motion was made by Alderman Brenk, seconded by Alderman Heltemes and carried, without a dissenting vote approving a Change Order No. 1 to the Airport/Wenner Roads Phase Two Project allowing Lakes Paving an extension of time to complete the project.

            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, accepting the work and authorizing the final payment, in the amount of $33,580.23, for the Lake Forest 5^th Addition Project.

            Pursuant to the request of the Jefferson Bus Lines and upon the recommendation of the Finance Committee, a motion was made by Alderman Brenk, seconded by Alderman Hannon and carried, without a dissenting vote, to instruct the City Administrator to send a letter of support to Jefferson Bus Lines to establish a bus line in Detroit Lakes.

            Upon the recommendation of the Public Safety Committee, a motion was made by Alderman Heltemes, seconded by Alderman Imholte and carried, without a dissenting vote, approving the following items to be sold by the Fire Department at City auction:

1)                  1700 Watt Onan Generator; and

2)                  Old Fire Department Jeep CJ.

Pursuant to the Public Safety Committee, a motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting vote, approving the issuance of a dance permit for the American Diabetes Association for August 26, 2006, at the Pavilion, such dance permit having been recommended for approval by Police Chief Kelvin Keena.

Upon the Liquor/Gambling Control Committee’s recommendation , a motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting vote, approving the issuance of a temporary on-sale intoxicating liquor license to the Holiday Inn allowing them to sell liquor at the Detroit Lakes Community and Cultural Center on July 29, 2006, for the Red River Singles Club Dance.

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 gambling applications submitted by the Smokey Hills Chapter MDHA for a raffle at the VFW on November 24, 2006, and Ducks Unlimited Lakes Area for gambling at the Holiday Inn on September 26, 2006.

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 the issuance of a permit to consume at the Pavilion on September 1, 2006 for the Alycia Mulari Wedding.

Pursuant to the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Aune, seconded by Alderman Tollefson and carried, without a dissenting vote, approving the issuance of a temporary on-sale intoxicating liquor license to the Sand Bar II allowing them to sell alcoholic beverages at the Pavlion on August 19, 2006, for a wedding dance.

Due to the Primary Election falling on September 12, 2006, Mayor Buboltz changed the regular meeting date of the City Council to September 13, 2006, at 5:00 P.M.

Upon the recommendation of the Street and Park Committee, a motion was made by Alderman Imholte, seconded by Alderman Hannon and carried, without a dissenting vote, introducing, for its first reading, an ordinance amending Chapter 204 of the Administrative Code, Section 204.09 disbanning the Sports Arena Commission. Alderman Imholte informed the Council that Sports Arena issues will be handled by the Street and Park Department and requested a letter of appreciation be sent to the members of the Sports Arena Commission thanking them for their service.

Pursuant to the recommendation of the Mayor, a motion was made by Alderman Anderson, seconded by Alderman Heltemes and carried, without a dissenting vote, authorizing the addition of two more people to serve on the Public Utilities Commission.

The Mayor informed the Council that Walmart and Menards have agreed to participate in the cost of the stop light on Highway 10 and instructed the City Administrator Richard Grabow to send a letter of thanks to both companies.

A resolution was introduced by Alderman Brenk, who moved its adoption, providing for the appointment of the judges for the Primary Election to be held September 12, 2006, providing for the polls to be opened from 7:00 A.M. to 8:00 P.M. and establishing the hourly rate of pay for the judges at $8.00 per hour.  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.

A motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting vote, approving the issuance of a cigarette license, for one year, to Sandbar II, 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 $2,306,290.32 as of July 31, 2006, 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 July 11, 2006, through August 8, 2006, in the amount of $6,805,417.34.  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.

 

The motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting vote, that the County Court Report for June, 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 (5:55 P.M.)

                                                                        Respectfully submitted,

                                                                        Richard Grabow

                                                                        City Administrator