Detroit Lakes, Minnesota
September 11, 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., September 11, 2007, all members of the Council having been duly notified of the meting 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; Public Utilities Superintendent Curt Punt; City Engineer Gary Nansen; Police Chief Kelvin Keena; Liquor Store Manager Bradley MacMaster; Building Official Calvin Mayfield and Fire Chief Jeffrey Swanson.
Aldermen: Anderson, Aune, Brenk, Hannon, Heltemes, Imholte, Tollefson and Zeman.
Absent: Alderman G.L. Tucker.
There being no corrections or additions to the minutes of the regular Council Meeting held August 14, 2007, and the special meetings held August 16, 2007, and September 4, 2007, the Mayor declared that they would stand approved according to copies of same sent to each member of the Council.
Pursuant to notice having been published in the official newspaper and sent to each property owner affected that the City Council, this date, would hear public comment on removing the fencing on two storm water ponds located on East Shore Drive and South Shore Drive, the Mayor called the hearing to order at 5:04 P.M. Mayor Buboltz informed the audience that the Council will defer action until the November 13, 2007, City Council Meeting pending further information from Public Works Director Brad Green but would hear public comments on the matter at this time. Bill and Liz Fossen, 1384 South Shore Drive, spoke in favor of taking down the fences. City Administrator Richard Grabow advised that letters were received by the City from the following residents in favor of removing the fences:
Craig Caulfield, 1774 East Shore Drive;
Jay Boeddeker, 1752 East Shore Drive;
Wendell Smith, 1376 South Shore Drive; and
Robert and Denise Hemerick; and
a letter was received from Bev Pompe, 1907 East Shore Drive, opposed to taking down the fences. Upon the inquiry of Alderman Heltemes, City Attorney William Briggs advised that cities are generally responsible for injuries caused by their actions but there are exceptions as when the city makes a policy decision after weighing the facts. Alderman Zeman, made note of Bev Pompe’s letter, noting that she is opposed to taking down these fences because she lost a three-year old sister to a drowning accident. Upon inquiry of Mayor Buboltz, Ms. Pompe informed the Council that her sister drowned in a small amount of water. City Administrator Richard Grabow advised the Council that an email was sent to the Council by him regarding City Attorney William Briggs, suggestions if they are considering the development of a policy on storm water fences. Mayor Buboltz advised the audience that the reason that the City is taking up this matter now is that that South Shore and East Shore Drive will officially be taken over by the City January 1, 2008. The Mayor then closed the hearing at 5:11 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 on the proposed Street Capital Improve-ment Plan for 2008 through 2012, the Mayor called the hearing to order at 5:12 P.M. Upon the Mayor’s request, City Engineer Gary Nansen reviewed the projects that are included in the plan and year they are proposed for construction. Ray Johnston, developer of Brainerd Village, expressed concern about water and sewer not being proposed for their PUD until 2008. Mayor Buboltz advised that the Community Development Committee had no objection to moving the sewer and water project to his PUD to an earlier date. There being no further oral or written comments, the Mayor closed the hearing at 5:20 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, to adopt the Street Capital Improvement Plan as presented.
Pursuant to notice having been published in the official newspaper and sent to each benefited property owner, that the City Council, this date, would hear public comment and give consideration to the proposed assessments for street, watermain and sanitary sewer improvements to Woodcrest Boulevard and Heather Lane, the Mayor called the hearing to order at 5:22 P.M. David Hennis, 412 Woodcrest Boulevard, Brian Newberg, 405 Woodcrest Boulevard and Jared Dresch, 252 Heather Lane, questioned if they own two lots would both be assessed. City Administrator Richard Grabow suggested that action be deferred on the adoption of the assessment roll until the October 9, 2007, Meeting to give staff time to review the assessment roll. Mayor Buboltz then closed the hearing at 5:30 P.M. and reconvened the regular City Council Meeting. Mayor Buboltz deferred adoption of the assessment roll. Alderman Imholte expressed concern that street assessments should not be deferred on these lots.
Pursuant to notice having been published in the official newspaper and sent to each benefited property owner, that the City Council, this date, would hear public comment and give consideration to the proposed assessments for street and utility improvements to Jackson Avenue, from Highway 10 to Willow Street, the Mayor called the hearing to order at 5:30 P.M. Daniel Olds, 1136 Jackson Avenue, expressed concern about that large of an assessment being spread out for fifteen years and requested that it be changed to 20 years. The Council and staff had no objection to this request. There being no further written or oral comments, Mayor Buboltz closed the hearing at 5:32 P.M. and reconvened the regular Council Meeting.
Upon 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 for street and utility improvements on Jackson Avenue, from Highway 10 to Willow Street, showing an assessable cost of $233,825.43, to be assessed in equal annual installments extending over a period of twenty years at an interest rate of six percent. 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.
The Mayor called to order a hearing at 5:33 P.M.. to consider the matter of a reported violation at 1142 Campbell Avenue in violation of City Code Chapter 1002A, Subdivision 3 created by 50% or more of the siding, soffits and fascia not being completed. Building Official Cal Mayfield informed the Council that the property owner does not dispute this violation. Otto Swonger, property owner of 1142 Campbell Avenue, appeared before the Council and informed then that he was unable to afford the supplies until now because his health has improved and he is able to go back to work. He requested eight more weeks to complete the siding, soffits and fascia. There being no further comments, Mayor Buboltz closed the hearing at 5:34 and reconvened the regular Council Meeting.
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, that a violation exists in violation of City Code Chapter 1002A, Subdivision 3, at 1142 Campbell Avenue due to siding, soffits and fascia not being completed on the house and order the abatement of the violation if the home is not sided by November 15, 2007.
The Mayor called to order a hearing at 5:35 P.M. to consider the matter of a reported violation at 1010 West Willow Street in violation of City Code Chapter 1002A, Subdivision 3 created by 50% or more of the siding is not completed. Building Official Cal Mayfield informed the Council that the property owner does not dispute this violation. Annette Guntermann, property owner of 1010 West Willow Street , appeared before the Council and informed them that she does not have the finances to side her house but hopes to by Spring. There being no further comments, Mayor Buboltz closed the hearing at 5:36 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 and carried without a dissenting vote, that a violation exists in violation of City Code Chapter 1002A, Subdivision 3, at 1010 West Willow Street due to siding not being completed on the house and order the abatement of the violation if the home is not sided by April 15, 2007.
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 Aune and carried, without a dissenting vote, approving the issuance of a variance to Emmanuel Community to exceed the impervious surface coverage in the Shoreland District allowing an addition to the memory care and assisted living facilities at 1415 Madison Avenue, subject to the following conditions:
1) That the impervious surface coverage not exceed what is currently existing on site which is 171,879 square feet (44%); and
2) That the owner obtain a Pelican River Watershed District permit.
Steve Prezybilla, representing Emmanuel Community, appeared before the Council informing them that Emmanuel Community will have no problem with the impervious surface coverage not exceeding the required 44%. Mayor Buboltz thanked them for expanding their facilities.
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 Hannon, approving the final PUD to allow the conversion of a resort to a 6-unit townhome at 410 West Lake Drive subject to the following conditions:
1) That 6 units are allowed with ten foot side yards (The site is large enough for four units);
2) The development is limited to 25% impervious service;
3) Mandatory membership in a homeowner’s association and the association documents must stipulate that 50% of the project area must be maintained in perpetuity (The project has 52% open space);
4) That the owner obtains a Pelican River Watershed District Permit and all drainage be away from West Lake Drive;
5) That the project be constructed as shown on the approved site plan;
6) That demolition and removal of all buildings and debris and concrete foundations on the site be completed within 30 days of City Council approval of the final PUD; and
7) That the building be setback at least 80 feet from the front lot line to the covered porches.
Mayor Buboltz advised that, subject to the City’s Beach Ordinance, a dock is not permitted at 410 West Lake Drive. Bob Bristlin, developer of the PUD, appeared before the Council and opposed the setback of 80 feet from the front lot line to the covered porches. He informed the Council that the existing resort has a setback of 74 feet. A motion was made by Alderman Brenk, seconded by Alderman Hannon and carried, without a dissenting vote, amending the original motion changing the Condition No. 7 that the building be setback at least 74 feet from the front line to the covered porches. Jo Johnson, President of the Detroit Lakes Regional Chamber or Commerce, appeared before the Council expressing the Chamber’s concern about condominiums being built on West Lake Drive instead of retail or commercial businesses. Alderman Anderson advised that the West Lake Drive area is included in part of the City’s RFD Study. There being no further discussion, Mayor Buboltz called the question on the amended motion and it carried unanimously.
Pursuant to the recommendation of the Public Works Committee, 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, introducing for its second reading and adoption, Ordinance No. 315 amending the Zoning Ordinance relative to defining salvage and districts where salvage operations are allowed.
Pursuant to the recommendation of the Public Works Committee, a motion was made by Alderman Hannon, seconded by Alderman Brenk and carried, without a dissenting vote, to defer action on the request to install fencing around the Holmes Street Storm Outlet until the November 13, 2007, City Council Meeting when a policy on stormwater fencing will be considered.
Upon the recommendation of the Community Development Committee, a motion was made by Alderman Brenk, seconded by Alderman Anderson and carried, without a dissenting vote, to introduce, for its second reading and adoption, Ordinance No. 316 annexing 49.81 acres north of Tower Road and west of Richwood Road. Bob Bristlin, owner of the property, expressed concern about extending water and sewer to his property sooner 2012. After discussion Mayor Buboltz advised that the City staff will consider this project or part of the project when Mr. Bristlin requests it.
Brad Hemerick, 680 South Shore Drive, appeared before the Council expressing concerns about the drainage issue on the adjacent property where the grade was brought up about three feet. After discussion, a motion was made by Alderman Imholte, seconded by Alderman Zeman and carried, without a dissenting vote, to require that Ron Huber, 586 South Shore Drive, install a retaining wall to prevent any adverse effects from storm water drainage on the neighbor’s property, to present a storm water plan to the City for approval and to construct such retaining wall by November 15, 2007.
Pursuant to the recommendation of the Community Development Committee, a resolution was introduced by Alderman Brenk, who moved its adoption, authorizing the re-bidding for street and utility improvements to Timber Creek, 3rd Addition Phase 2, such bids to be opened October 9, 2007, at 10:00 A.M. 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 Brenk, who moved its adoption, approving a feasibility report on the construction of watermain to Tower Road, from Richwood Road West to the proposed electric utility work center and setting a hearing for October 9, 2007, at 5:00 P.M. The motion for the adoption of the resolution was seconded by Alderman Hannon and carried without a dissenting vote. Mayor Buboltz declared the resolution adopted.
Pursuant to the recommendation of the Public Works Committee, a resolution was introduced by Alderman Imholte, who moved its adoption, authorizing execution of Lease Amendment No. 1 to the Minnesota Department of Public Safety’s Agreement No. PS0166 changing the location to an area of land on North Street West between Oak Grove Avenue and Summit Avenue for a motorcycle skill test course. The motion for the adoption of the resolution was seconded by Alderman Heltemes and carried without a dissenting vote. The Mayor declared the resolution adopted.
Alderman Imholte advised that the Public Works Committee has recommended that action on ordering preparation of plans and specifications for sanitary sewer and watermain extension for the Long Lake Annexation – Phase 3 will be deferred until the area is annexed July 1, 2008, when a public hearing will be held on the project.
Upon the recommendation of the Public Works Committee, a motion was made by Alderman Hannon, seconded by Alderman Aune and carried, with one abstention (Imholte) to authorizing the purchase of a 2008 International single axle plow truck from Astleford International Trucks, Minneapolis, Minnesota, in the amount of $61,579.00 and Bert’s Truck Equipment, Moorhead, Minnesota, in the amount of $46,034.63, for the dump body, hoist and snow and ice equipment, pursuant to the State Contract.
The City received a request for 4-hour parking limit signs to be placed on the asphalt parking area off of Long Bridge Road on the west side of the bridge. Upon the recommendation of the Public Works Committee a motion was introduced by Alderman Hannon, seconded by Alderman Brenk and carried, without a dissenting vote, that no overnight parking signs be placed in the parking lots on the north and south side of Long Bridge.
Upon the recommendation of the Public Works Committee, a motion was made by Alderman Anderson, seconded by Alderman Hannon and carried, without a dissenting vote, to approve the issuance of a Solid Waste Hauler’s License to Soberg Enterprises, Inc. dba Detroit Lakes Disposal Service for 2007.
Pursuant to the request of the Humane Society and upon the recommendation of the Public Works Committee, a motion was made by Alderman Imholte, seconded by Alderman Aune and carried, without a dissenting vote, approving the use of the City park and streets, from North Shore Drive by the park entrance to the Speak Easy, for the 1st Annual Mutt Strut for September 15, 2007.
Upon the recommendation of the Public Works Department, a motion was made by Alderman Imholte, seconded by Alderman Brenk and carried, without a dissenting vote, authorizing two of the City’s equipment operators to go to Northwood, North Dakota, for a time, as needed, to help them out due to the tornado that went through their community.
Finance Officer Louis Guzek summarized the proposed tax levy and City budget information informing the Council and audience that the general gross property tax levy for 2007, collectible in 2008, is $2,576,757.00, an increase of 15.3 percent increase in the tax levy. He advised that the lost of Local Government Aid of about $223.000.00 contributed to this increase and the rest was due to inflationary increases to operate the City and 2007 street projects. Also there is an estimated increase in market value of 14.3%. He reviewed the City’s 2008 Budget. Upon the recommendation of the Budget Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, approving the final 2007 tax levy, collectible in 2008, in the following amounts:
General Fund $1,697,066
Library Fund 242,591
Airport Fund 28,500
Equipment/Building Fund 306,600
Development Authority Fund 97,000
Permanent Improvement Fund 149,000
1999 Fire Hall Bonds 56,000
Total $2,576,757
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. Alderman Zeman expressed concerns about the budget and requested it be reviewed before the December Council Meeting and also requested Finance Officer Louis Guzek to give the Council a five-year projection on the budget.
Pursuant to the recommendation of the Budget Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, providing for the adoption of the final City of Detroit Lakes Budget for calendar year 2008 in the following amounts:
Fund Budget Amount
General Fund $4,917,152
Special Revenue Funds 1,830,540
Debt Service Funds 588,759
Special Assessment Funds 1,134,636
Liquor Fund 3,971,430
Total Budget $12,442,517
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.
Upon the recommendation of the Finance Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, to set a public hearing on December 11, 2007, at 5:00 P.M. to hear comments on the proposed 2007 tax levy, collectible in 2008 and the 2008 Budget and, if necessary, a continuation hearing scheduled for December 18, 2007. The motion for the adoption of the resolution was seconded by Alderman Hannon.
Pursuant to the recommendation of the Finance Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, providing for the issuance and sale of $4,370,000 in General Obligation Improvement Bonds, Series 2007A, to finance the following public improvements: MSA Streets, Lori Avenue, Curry Avenue, Jackson Avenue, Local Street Overlay, Woodcrest Boulevard and Heather Lane, North Washington, Cormorant Avenue and River Hill RV Park. The motion for the adoption of the resolution was seconded by Alderman Hannon. The Mayor declared the resolution adopted.
Upon the recommendation of the Finance Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, to defer the assessment for sewer and water on Parcel No. 49-2542-251. The motion for the adoption of the resolution was seconded by Alderman Hannon and carried without a 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 the 2007 Street Bituminous Overlay Project to be $249,892.55 of which the City will pay $59,322.13 and $190,570.42 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 Imholte 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 October 9, 2007 at 5:00 P.M. on proposed assessments for the 2007 Street Bituminous Overlay Project. 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 recommendations of Detroit County Club, Inc., and the Finance Committee, a motion was made by Alderman Anderson, seconded by Alderman Hannon, to sell a 33’ x 100’ lot to Mike and Jean Moe, 13172 Fairhaven Lane, in the amount of $4,500.00, such proceeds of sale to go back to the Detroit Country Club. Alderman Anderson advised that this is Detroit Country Club’s property and they have no future use for the property. Mayor then called the question and the motion carried unanimously.
Upon the recommendation of the Public Safety Committee, a motion was made by Alderman Anderson, seconded by Alderman Hannon and carried, without a dissenting vote, authorizing Fire Chief Jeff Swanson and Assistant Fire Chief Dave Baer to attend the Fire Chief’s Board Meeting in Rochester, Minnesota on October 17-21, 2007.
Pursuant to the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Anderson, seconded by Alderman Hannon and carried, without a dissenting vote, approving the issuance of a temporary on-sale 3.2 malt liquor license for the Detroit Lakes Jaycees allowing them to sell and serve beer at the Pavilion on September 1, 2007, for a wedding.
Pursuant to the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Anderson, seconded by Alderman Hannon and carried, without a dissenting vote, approving the issuance of a temporary on-sale intoxicating liquor license for the Sandbar II allowing them to sell and serve alcoholic beverages at the Pavilion on September 21, 2007, for a wedding dance.
Pursuant to the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman
Anderson, seconded by Alderman Hannon and carried, without a dissenting vote, approving the issuance of a permit to
consume to the Frazee Lions Club allowing them to serve beer at the Sports Arena on September 16, 2007, relative to the
Veteran’s Appreciation Dinner.
Upon the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Anderson,
seconded by Alderman Hannon and carried, without a dissenting vote, approving gambling license applications for the Frazee
Lions Club for gambling at the Shorewood Pub for 2007 and 2008.
Pursuant to the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman
Heltemes, seconded by Alderman Zeman and carried, without a dissenting vote, approving the issuance of temporary on-sale
intoxicating liquor licenses to the Holiday Inn to sell and serve alcoholic beverages at the Detroit Lakes Community and Cultural
Center on September 22, 29, and October 20, 2007.
Upon the recommendation of the Mayor, a motion was made by Alderman Brenk, seconded by Alderman Zeman and
carried, without a dissenting vote, appointing Joyce Duffney to another five-year term on the Detroit Lakes Housing and
Redevelopment Authority Board.
A motion was made by Alderman Anderson, seconded by Alderman Hannon and carried, without a dissenting vote,
approving the issuance of a cigarette license for Central Market, 310 Highway 10 East, pursuant to their application and fee.
A motion was made by Alderman Anderson, 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
$1,792,588.62 as of August 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 August 15, 2007, through
September 11, 2007, in the amount of $3,836,232.98. 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 Anderson, seconded by Alderman Hannon and carried, without a dissenting vote, that the
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 (6:56 P.M.)
Respectfully submitted,
Lynne Krieger
Asst. City Administrator