Government/Minutes

August 14, 2007

Detroit Lakes, Minnesota

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 14, 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 Williams 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; Fire Chief Jeffrey Swanson and Liquor Store Manager Bradley MacMaster.

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

Absent: Alderman Hannon.

There being no correction or additions to the minutes of the regular Council Meeting held July 10, 2007, and the special City Council Meeting held August 7, 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 5:03 P.M. to consider the matter of a reported nuisance at Fairyland Cottages, 410 West Lake Drive, created by accumulation of debris including concrete chunks, concrete steps, concrete foundations, sewer pipes, scrap lumber, windows, brush, fallen trees, bricks, paint missing from building, broken windows, no foundation under cabin, fiberglass insulation and a burned out house. Building Official Calvin Mayfield advised the Council that the property has not been cleaned up. Bob Bristlin, Developer of the property, informed the Council that the property owner was instructed to leave buildings in place pending sale of the property. Mayor Buboltz informed Mr. Bristlin that the Council was concerned about safety issues at the property and that debris could be cleaned up and houses be boarded up. There being no further comment, the Mayor closed the hearing at 5:07 P.M. and reconvened the regular Council Meeting.

Upon the recommendation of the Community Development Committee, a motion was made by Alderman Brenk, seconded by Alderman Heltemes and carried, without a dissenting vote, that a nuisance exists in violation of City Code Chapter 901 at 410 West Lake Drive due to the accumulation of debris and order the abatement of the nuisance if debris on the property is not cleaned up and the property made safe by August 28, 2007.

Mayor Buboltz called to order a hearing at 5:07 P.M. to consider the matter of a reported nuisance at 730 Mountain View Road, created by the remaining accumulation of debris, i.e. carpet, rugs, chairs, garbage piles and blankets by the garage. Building Official Calvin Mayfield informed the Council that the property was cleaned up except for some rugs hanging over a fence. Alderman Heltemes expressed his concern about the property continuing to be an ongoing nuisance. Alderman Zeman informed the Council that there is a building on the site that is ready to cave in. There being no further comments, the Mayor closed the hearing at 5:08 P.M. and reconvened the regular Council Meeting.

Pursuant to notice having been published in the official newspaper that the City Council, this date, would hear public comment and give consideration to the proposed annexation of 49.81 acres north of Tower Road and west of Richwood Road, the Mayor called the hearing to order at 5:08 P.M. Community Development Director Larry Remmen advised that a petition was received by Bob Bristlin and signed by 100% of the property owners requesting this annexation. There being no written or oral comments, Mayor Buboltz closed the hearing at 5:08 P.M. and reconvened the regular Council Meeting.

Upon the recommendation of the Community Development Committee, a motion was made by Alderman Brenk, seconded by Alderman Zeman, introducing, for its first reading, an ordinance annexing 49.81 aces north of Tower Road and west of Richwood Road. Community Development Director Larry Remmen advised the Council that the ordinance states that this property will be zoned “R-2”, One and Two Family Residential District. Gary Huberty, 19068 County Highway 21, inquired if his property would be annexed in the future since his property is surrounded by three sides. Mayor Buboltz advised it won’t be annexed in the immediate future. The Mayor then called the question and the motion carried.

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 Brenk, seconded by Alderman Tollefson, introducing for its first reading, an ordinance amending the Zoning Ordinance relative to defining salvage and allowing salvage operations as a conditional use in the “I-2” Heavy Industrial District. Ardis Hanson, 1760 East Shore Drive, expressed concerns about the proposed definition of Salvage and Salvage Materials in Subdivision 118 of the ordinance not including inoperable recreational vehicle, etc. Aldermen Zeman also expressed his concerns about the definition and made a motion, seconded by Alderman Heltemes, to amend the original motion and send the ordinance back to the Planning Commission since four members were absent when they reviewed it. Alderman Tucker, member of the Planning Commission, reinterated that this ordinance was discussed over a series of Planning Commission Meetings and feels the City Council needs to change the definition of salvage and salvage materials. Aldermen Zeman and Heltemes spoke in favor of sending the ordinance back to the Planning Commission. Alderman Imholte suggested that the Community Development Committee review the ordinance and consider the specific language requested before its second reading. The motion did not carry. Alderman Imholte requested that a landscaping and tree ordinance be developed. City Administrator Richard Grabow stressed that anyone having language they want to add to the ordinance should draft it up and bring it to the Community Development Committee. Mayor Buboltz then called the question on the motion giving first reading to the ordinance and it carried.

Upon the recommendation of the Community Development Committee, a resolution was introduced by Alderman Brenk, who moved its adoption, approving the preliminary report for sanitary sewer and watermain extension for the Long Lake Annexation – Phase 3. 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. Mayor Buboltz set a special City Council Meeting for September 4, 2007, at 5:00 P.M. and an informational meeting for the same date. Alderman Brenk advised that City Engineer Gary Nansen will review the report with affected property owners at this meeting. Mayor Buboltz advised that at this meeting, the City needs to find out if these property owners want sewer provided in 2008 or 2009.

Pursuant to the recommendation of the Public Works Committee, a motion was made by Alderman Zeman, seconded by Alderman Imholte and carried, to approve the issuance of a permit allowing five dogs at 1619 Long Bridge Road, pursuant to the owner’s application and fee.

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 Aune and carried, without a dissenting vote, approving the issuance of variances to Paul and Marilyn White allowing construction of a storage shed on a vacant lot without a principal structure and allowing an accessory structure 23 feet high on a residential lot prior to the construction of a principal structure at 2245 Edgewood Drive provided that the home is constructed on the lot within three years.

Pursuant to the recommendation 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 Brenk, seconded by Alderman Zeman and carried, without a dissenting vote, approving the preliminary plat of Hillcrest Acres, 28774 Highway 34.

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. 314, adopting 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, approving the preliminary report and setting a public hearing for October 9, 2007, for 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 Tollefson 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 Brenk, who moved its adoption, supporting a grant application that was submitted to the Department of Natural Resources for a Shoreland Habitat Block Grant for restoring the shore along the Highway 10 Overlook. 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 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 July, 2007, in the estimated construction value of $4,106,880.60, 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 Development Committee.

Upon the recommendation of Public Works Committee, a resolution was introduced by Alderman Imholte, who moved its adoption, designating Tower Road, from Richwood Road to County Road 131, as a Municipal State Aid Street. 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 Public Works Committee, a motion was made by Alderman Imholte, seconded by Alderman Brenk and carried, without a dissenting vote, to set a informational meeting on the Street Capital Improvement Plan for September 11, 2007, at 5:00 P.M. in the Council Chambers.

Pursuant to the recommendation of the Public Works Committee, a motion was made by Alderman Zeman, seconded by Alderman Heltemes and carried, without a dissenting vote, to approve the request of Christian Fellowship Church to use the City Park and bandshell on September 8, 2007, for a fundraiser for “The Refuge”, 609 Washington Avenue.

Upon the recommendation of the Public Works Committee, a motion was made by Alderman Zeman, seconded by Alderman Heltemes and carried, without a dissenting vote, denying the request of Orthotic and Prosthetic Health, 214 West Front Street, for a thirty-minute parking space in front of their office because there are many 30-minute parking spaces in that area.

Pursuant to the recommendation of the Public Works Committee, a motion was made by Alderman Zeman, seconded by Alderman Imholte and carried, without a dissenting vote, to approve St. Mary’s Regional Health Center’s request to use the parking lot north of the Pavilion for pony and horse rides on August 16, 2007, during their employee picnic.

Upon the recommendation of the Public Works Committee, a motion was made by Alderman Zeman, seconded by Alderman Imholte and carried, without a dissenting vote, approving the request of Darvin Jahnke to use the City Park north of the Pavilion for a vintage snowmobile show on September 29, 2007.

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 a two-day transient merchant’s license to T.A.P. Enterprises allowing them to sell tools and general merchandise at the Armory on September 12-13, 2007.

Upon the request of Hoffman Construction and 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, approving their request to work at night on Roosevelt Avenue and the bridge on Highway 59 and 10.

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, approving Veteran’s Lake, Inc. to use the City Park on August 19, 2007, from 2:00 P.M. to 8:00 P.M. to display the Iraq Monument to honor the Fallen Heroes, families and friends.

Pursuant to the recommendation of the Finance Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, declaring the total costs of street, watermain and sanitary sewer improvements to Woodcrest Boulevard, Heather Lane and Sunset Park to be $251,588.90 of which the City will pay $90,785.68 to be assessed against the benefited property and ordering the preparation of proposed assessments. The motion for the adoption of the resolution was seconded by Alderman Aune and carried without a dissenting vote. Mayor Buboltz declared the resolution adopted.

Upon the recommendation of the Finance Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, setting a hearing for September 11, 2007 at 5:00 P.M. on proposed assessments for street, watermain and sanitary sewer improvements to Woodcrest Boulevard, Heather Lane and Sunset Park. 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 recommendation of the Finance Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, declaring the total costs of street and utility improvements to Jackson Avenue, from Trunk Highway 10 to Willow Street to be $517,240.07 of which the City will pay $283,414.65 to be assessed against the benefited property and ordering the preparation of proposed assessments. The motion for the adoption of the resolution was seconded by Alderman Aune and carried without a dissenting vote. Mayor Buboltz declared the resolution adopted.

Upon the recommendation of the Finance Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, setting a hearing for September 11, 2007 at 5:00 P.M. on proposed assessments for street and utility improvements to Jackson Avenue, from Highway 10 to Willow Street. 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 recommendation of the Finance Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, providing for the acceptance of the assessment roll, as presented, for extension of sanitary sewer and watermain improvements to River Hills RV Park, showing an assessable cost of $109, 200, such assessments to be payable in equal annual installments extending over a period of twenty years, the first of the installments to be on or before the first Monday in January, 2008, and shall bear interest at the rate of seven percent per annum from January 1, 2008. The motion for the adoption of the resolution was seconded by Alderman Aune 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 Anderson, seconded by Alderman Aune and carried, without a dissenting vote, approving a amendment to the American Legion Post 15 Campground Lease to use campground funds to replace the heating system in the Legion Clubhouse Building.

Upon the recommendation of the Finance Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, amending the By-Laws of the Detroit Lakes Fire Department Relief Association to provide for a lump sum pension of $4,400.00 for each year a firefighter serves as an active member of the Fire Department effective April 1, 2008. The motion for the adoption of the recommendation was seconded by Alderman Imholte and carried without a dissenting vote. The Mayor declared the resolution adopted.

Mayor Buboltz advised the Council that Fire Chief Jeff Swanson was appointed by Governor Pawlenty to the Board of Fire Education and Training and congratulated him on his appointment.

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 the issuance of temporary on-sale intoxicating liquor licenses for the Holiday Inn allowing them to serve and sell alcoholic beverages at the Lodge on the Lake and the Detroit Lakes Community and Cultural Center on August 18, 2007, for a wedding and a party respectively.

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 temporary on-sale intoxicating liquor licenses for the Sandbar II at the Pavilion on August 17, 2007, for a wedding and September 8, 2007, for the 1967 Class Reunion and Uglies Dance and at the Detroit Lakes Community and Cultural Center for a wedding.

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 the issuance of a temporary 3.2 malt liquor license for the Parish Festival Committee allowing them to serve and sell beer at the Sports Arena on August 19, 2007, for their Parish Festival.

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 temporary 3.2 malt liquor licenses for the Detroit Lakes Jaycees allowing them to serve and sell beer at the Washington Ball Park on July 20 and 27, 2007, in conjunction with the Angels’ baseball playoffs and on July 26-28, 2007, at the Becker County Fairgrounds for the fair.

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 license applications for the following:

1) Holy Rosary Catholic Church for raffles on June 28, 2007, and August 26, 2007, at the Holy Rosary Catholic Church;

2) Holy Rosary Catholic Church for bingo and raffles at the Sports Arena on August 19, 2007, for their Parish Festival;

3) Detroit Lakes Youth Hockey Association for a raffle on September 1, 2007, through March 15, 2008, at the Sports Arena and a raffle on October 26, 2007, at the Speak Easy Restaurant;

4) Lakes Area Ducks Unlimited for a raffle on September 18, 2007, at the Holiday Inn;

5) Smokey Hills Chapter MDHA for a raffle at the VFW November 23, 2007 and

6) St. Mary’s Regional Health Center for a raffle on October 13, 2007, at The Fireside.

Pursuant to the recommendation of the Public Utilities Commission, a resolution was introduced by Alderman Tollefson, who moved it adoption, authorizing entering into Mn/DOT Agreement No. 91557 providing for payment to the City of Detroit Lakes by the Minnesota Department of Transportation for relocating the City’s electric utility facilities. 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 Public Utilities Commission, a motion was made by Alderman Tollefson, seconded by Alderman Heltemes and carried, without a dissenting vote, approving the extension of watermain to the proposed Public Utilities Work Center on Tower Road and authorize the City Engineer to prepare a preliminary report for the project.

Mayor Buboltz set a Special City Council Meeting at the Detroit Lakes Community and Cultural Center for August 16, 2007, at 4:00 P.M. to review the Detroit Lakes Community and Cultural Center’s 2006 Audit and give consideration to the proposed proposal for funding for 2008.

Upon the recommendation of the Mayor, a motion was made by Alderman Anderson, seconded by Alderman Zeman and carried, without a dissenting vote, appointing Greg Hildenbrand to a three-year term on the Detroit Lakes Development Authority effective August 14, 2007.

Mayor Buboltz informed the Council that Steve Lund has resigned from the Planning Commission and requested that City Administrator Richard Grabow send an letter of appreciation for his service.

Upon the recommendation of the Mayor, a motion was made by Alderman Brenk, seconded by Alderman Imholte and carried, without a dissenting vote, appointing Pat Lindquist to fill the vacancy left open by Steve Lund, such term to be for the period August 14, 2007, to December 31, 2009.

Mayor Buboltz advised the Council that he appointed Duane Erickson to be a member of the Billboard Committee to fill the vacancy left open by Steve Lund.

Upon the recommendation of the Mayor, a motion was made by Alderman Anderson, seconded by Alderman Zeman and carried, without a dissenting vote, appointing Jim Sinclair to another three-years on the Detroit Lakes Police Civil Service Commission effective October 1, 2007.

A motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting vote, approving the issuance of plumbing licenses for 2007 to Clifford Langerud dba Heartland Plumbing, Inc., Fargo, and Mike Brochnow dba Agassiz Mechanical, Fargo, pursuant to their application, compliance bond and 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 $2,975,073.93 as of July 31, 2007, 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 11, 2007, through August 14, 2007, in the amount of $4,942,780.04. 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 Animal Control Report, County Court Report for June, 2007, Chief of Police Reports, Fire Chief's Report, Liquor Store Manager's 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 (5:58 P.M.)

Respectfully submitted,

Lynne Krieger

Asst. City Administrator