Detroit Lakes, Minnesota
November 1, 2005
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, November 1, 2005, 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; Public Utilities Superintendent Curt Punt; Assistant Street Commissioner Terry Stiegel; Park Supervisor Tom Gulon; 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: Street Commissioner Roy Estes.
There being no corrections or additions to the minutes of the regular Council Meeting held October 4, 2005 and a special City Council Meeting held October 17, 2005, the Mayor declared that they would stand approved according to copies of the same sent to each member of the Council.
Pursuant to notice having been published in the official newspaper that the City Council, this date, would give consideration to the proposed assessments for utility and street improvements on Homestead Street and extension of Washington Avenue/Pleasant Acres Two (Busker/Seventh Day Adventist Church), Mayor Buboltz called the hearing to order at 5:02 P.M.. City Administrator Richard Grabow briefly reviewed the proposed assessments. There being no written or oral comments, the hearing was closed at 5:03 P.M. and the regular Council Meeting reconvened.
Upon the recommendation of the Finance Committee, a resolution was introduced by Alderman Brenk, who moved its adoption, providing for the acceptance of the assessment roll, as presented, for utility and street improvements on Homestead Street and extension of Washington Avenue/Pleasant Acres Two, showing an assessable cost of $385,435.81. The Seventh Day Adventist Church assessment shall be payable in equal annual installments extending over a period of ten years at an interest rate of six percent per annum. The assessment for water and sewer lines on unplatted property shall be assessed over a period of five years at an interest rate of six percent per annum and the assessment for sanitary sewer mains, watermains and street improvements shall be deferred until the property is platted. 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 notice having been published in the official newspaper that the City Council, this date, would give consideration to the proposed assessments for bituminous wear course for Lake Forest 2nd and 3rd Addition, Mayor Buboltz called the hearing to order at 5:03 P.M.. City Administrator Richard Grabow briefly reviewed the proposed assessments. There being no written or oral comments, the Mayor closed the hearing at 5:04 P.M. and reconvened the regular Council Meeting.
Upon the recommendation of the Finance Committee, a resolution was introduced by Alderman Brenk, who moved its adoption, providing for the acceptance of the assessment roll, as presented, for bituminous wear course for Lake Forest 2nd and 3rd Addition, showing an assessable cost of $8,686.66 to be assessment in equal annual installments over a period of seventeen years at an interest rate of seven percent per annum and for undeveloped property 50% of the assessment shall be deferred for two years and the other 50% shall be deferred for seven years. Upon development of the property, the assessment shall be assessable at the remaining seventeen-year period at an interest rate of seven percent per annum. 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.
Pursuant to notice having been published in the official newspaper and mailed to each of the known property owners that were benefited by the 2005 Sidewalk Repair/Replacement Project, Mayor Buboltz called the special assessment hearing to order at 5:04 P.M. City Administrator Grabow briefly reviewed the assessments. There being no oral or written comments, Mayor Buboltz closed the hearing at 5:04 P.M. and reconvened the regular Council Meeting.
Upon the recommendation of the Finance Committee, a resolution was introduced by Alderman Brenk, who moved its adoption, providing for the acceptance of the assessment roll, as presented, for sidewalk repair/replacement for the Year 2005, showing an assessable cost of $11,557.17 to be assessed in equal annual installments extending over a period of five years at an interest rate of six percent per annum, except that assessments of $250.00 or less shall be payable in one year. 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.
Pursuant to notice having been published in the official newspaper and mailed to each of the known property owners that were benefited by the 2005 Dutch Elm Disease Control Project, Mayor Buboltz called the special assessment hearing to order at 5:05 P.M. City Administrator Grabow briefly reviewed the assessments. There being no oral or written comments, Mayor Buboltz closed the hearing at 5:05 P.M. and reconvened the regular Council Meeting.
Upon the recommendation of the Finance Committee, a resolution was introduced by Alderman Brenk, who moved its adoption, providing for the acceptance of the assessment roll, as presented, for the 2005 Dutch Elm Disease Control Project, showing an assessable cost of $3,633.71 to be assessed in equal annual installments extending over a period of five years at an interest rate of six percent per annum, except that assessments of $250.00 or less shall be payable in one year. 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 notice having been published in the official newspaper and mailed to each of the known property owners that were benefited by the 2005 Weed Cutting Project, Mayor Buboltz called the special assessment hearing to order at 5:06 P.M. City Administrator Richard Grabow briefly reviewed the assessments. There being no oral or written comments, Mayor Buboltz closed the hearing at 5:06 P.M. and reconvened the regular Council Meeting.
Upon the recommendation of the Finance Committee, a resolution was introduced by Alderman Brenk, who moved its adoption, providing for the acceptance of the assessment roll, as presented, for the 2005 Weed Cutting Project, showing an assessable cost of $121.00 such assessments to be payable in one year at an interest rate of six percent per annum. 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.
Pursuant to notice having been published in the official newspaper that the Council would, at this meeting, conduct a hearing for the purpose of hearing public comment on the issuance of Sunday and club liquor licenses to the VFW, American Legion and Eagles for one year beginning January 1, 2006, Mayor Buboltz called the hearing to order at 5:07 P.M. There being no written or oral comments, the hearing was closed at 5:07 P.M. and the regular Council Meeting was reconvened.
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, authorizing the issuance of Sunday and club liquor licenses to the VFW, American Legion and Eagles for one year beginning January 1, 2006.
Pursuant to notice having been published in the official newspaper that the Council would, at this meeting, conduct a hearing for the purpose of hearing public comment on the issuance of on-sale wine licenses to the Chinese Dragon of Detroit Lakes, Ordinary Joe’s Bar-B-Que and Sunflower Hill and Coffee and Gifts for a one year period beginning January 1, 2006, Mayor Buboltz called the hearing to order at 5:08 P.M. There being no oral or written comments, the hearing was closed at 5:08 P.M. and the regular Council Meeting was reconvened.
Upon the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Aune, seconded by Alderman Heltemes and carried, without a dissenting vote, authorizing the issuance of on-sale wine licenses to the Chinese Dragon of Detroit Lakes, Ordinary Joe’s Bar-B-Que and Sunflower Hill Coffee and Gifts for one year beginning January 1, 2006.
Terry Heaton from Springstead, Inc. reviewed the seven proposals that were received for the purchase of the City’s $4,300,000.00 General Obligations Improvements Bonds, Series 2005A. Upon the recommendation of the Finance Committee, a resolution was introduced by Alderman Brenk, who moved its adoption, awarding the sale of $4,300,000.00 General Obligation Improvement Bonds, Series 2005A, to J.P. Morgan Securities, Inc., Chicago, Illinois, in the amount of $4,273,682.88 at a net interest rate of 4.0576% interest. 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.
Mark Greenig, Community Education/Recreation Director, appeared before the Council and reviewed the 2005 Detroit Lakes Summer Recreation Final Report. He informed the Council that 406 youth participated in youth baseball and softball and emphasized that without the VFW’s contribution, Detroit Lakes would probably not have a baseball program. Mr. Greenig outlined goals for the Recreation Program in 2006 which is planned to run for ten weeks.
Pursuant to the recommendations of the Planning Commission which were submitted to the City Council and the recommendation of the Community Development Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, approving the final plat of Bluff View Estates subject to the following conditions:
1) Completion of a quiet title action on the property;
2) The Developer pay the park dedication fee or enter into a development agreement which addresses payment of the park dedication fee; and
3) The Developer put a notice on the plat stating the lot owners must comply with the City’s Shoreland Regulations, or record a separate document if not allowed on the plat by State Law.
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 Community Development Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, authorizing submission of an application for an Economic Development Administration Grant for development of a new industrial park. 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.
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 Anderson, seconded by Alderman Heltemes and carried, without a dissenting vote, authorizing the issuance of a variance to Robert Hanna allowing construction of a 22’ x 24’ garage in the front yard at 1646 East Shore Drive, subject to the following conditions:
1) That the structure meet the required setback;
2) That the property not exceed 25% impervious surface coverage; and
3) That the owner provide a Stormwater Management Plan that is approved by City staff prior to issuance of a building permit.
Upon the recommendation of the Community Development Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, providing $17,500.00 from the Liquor Fund to the Detroit Lakes Development Authority allowing them to purchase approximately 30 acres of land on the north side of Detroit Lakes (Don Lefebvre Property) with the condition that the City not annex the plat of Deerwood Park prior to January 1, 2015. The motion for the adoption of the resolution was seconded by Alderman Brenk. Community Development Director Larry Remmen advised that the purchase of this land will further the City’s annexation goals. Alderman Imholte spoke in opposition of the purchase not because of the transaction but because the Council did not purchase the property earlier when it was determined that it was needed. Alderman Brenk spoke in favor of the purchase. There being no further comments, Mayor Buboltz called the question and the motion for the adoption of the resolution carried. The Mayor declared the resolution adopted.
Pursuant to the recommendation of the Community Development Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, supporting the State Bonding for the Trunk Highway No. 34 Multi-Use Trail from Detroit Lakes to Park Rapids. 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.
Upon the recommendation of the Street and Park Committee, a resolution was introduced by Alderman Imholte, who moved its adoption, authorizing the Mayor and City Administrator to execute a Municipal Agreement with the Minnesota Department of Transportation for municipal participation relative to the Highway 10 Relocation Project. 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.
Pursuant to the recommendation of the Street and Park Committee, a resolution was introduced by Alderman Imholte, who moved its adoption, authorizing the City Engineer to prepare a feasibility report on reconstruction of Jackson Avenue, from Willow Street to Trunk Highway No. 10, in conjunction with the Trunk Highway No. 10 Relocation Project. The motion for the adoption of the resolution was seconded by Alderman Tollefson 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 Brenk, who moved its adoption, providing for the acceptance of the assessment roll, as presented, for utility and street improvements for Lake Forest Fourth Addition, showing an assessable cost of $351,063.70 to be assessed in equal annual installments over a period of twenty years at an interest rate of seven percent per annum and deferring 50% of the assessment for undeveloped property for a period of four years at the interest rate of seven percent and the remaining 50% for a period of nine years at the interest rate of seven percent. Upon development of the property, the assessment shall be assessable at the remaining twenty-year period at an interest rate of seven percent per annum. 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 Finance Committee, a resolution was introduced by Alderman Brenk, who moved its adoption, providing for the acceptance of the assessment roll, as presented, for utility and street improvements for Lake Forest Fifth Addition, showing an assessable cost of $268,131.78 to be assessed in equal annual installments over a period of twenty years at an interest rate of seven percent per annum and deferring 50% of the assessment for undeveloped property for a period of five years at the interest rate of seven percent and the remaining 50% for a period of ten years at the interest rate of seven percent. Upon development of the property, the assessment shall be assessable at the remaining twenty-year period at an interest rate of seven percent per annum. 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 Finance Committee, a resolution was introduced by Alderman Brenk, who moved its adoption, providing for the acceptance of the assessment roll, as presented, for utility and street improvements for Pleasant Acres Two/INH Developers, showing an assessable cost of $229,292.78 to be assessed in equal annual installments over a period of twenty years at an interest rate of seven percent per annum and deferring the assessment for platted and developed property until January 1, 2007, and then such assessment shall become payable in equal annual installments extending over a period of nineteen years at the interest rate of seven percent per annum. 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.
Upon the recommendation of the Finance Committee, a resolution was introduced by Alderman Brenk, who moved its adoption, providing for the acceptance of the assessment roll, as presented, for water and sewer improvements on Highway 10 East (Fingalson and Simison property), showing an assessable cost of $48,000.00, such assessment for the Fingalson Property shall be deferred until the property is developed or sold and upon development or sale of the property, the assessment shall be payable over the remaining fifteen-year period at an interest rate of seven percent per annum and shall be distributed as follows: Lot 4 $9,000.00, Lot 5 $9,000.00 and Lot 6 $18,000.00. The assessment for the Simison Property, shall be payable in equal annual installments extending over a period of ten years at the interest rate of seven percent per annum. 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.
Upon the recommendation of the Finance Committee, a resolution was
introduced by Alderman Aune, who moved its adoption, declaring the total cost of street and utility improvements for Long Lake Phase I and Brainard Village to be $2,438,845.22 of which $1,268,755.22 to be paid by the City and $1,170,090.00 to be assessed against the benefited property owners and ordering preparation of proposed assessments. 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 Finance Committee, a resolution was introduced by Alderman Aune, who moved its adoption, setting a hearing for December 6, 2005, at 5:00 P.M. on proposed assessments for street and utility improvements for Long Lake Phase I. 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.
Upon the recommendation of the Finance Committee, a resolution was
introduced by Alderman Aune, who moved its adoption, declaring the total cost of street and utility improvements to Highway 59 South (LeRoy Howard Property) to be $160,808.48 of which the City will pay $107,754.19 and $53,054.29 to be assessed against the benefited property owners and ordering preparation of proposed assessments. 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.
Upon the recommendation of the Finance Committee, a resolution was introduced by Alderman Aune, who moved its adoption, setting a hearing for December 6, 2005, at 5:00 P.M. on proposed assessments for street and utility improvements on Highway 59 South (LeRoy Howard Property). 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.
Upon the recommendation of the Finance Committee, a resolution was
introduced by Alderman Aune, who moved its adoption, declaring the total cost of street and utility improvements on Holmes Street at St. Claire Office Park to be $835.00 and such cost will be assessed against the benefited property owners and ordering preparation of proposed assessments. 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.
Upon the recommendation of the Finance Committee, a resolution was introduced by Alderman Aune, who moved its adoption, setting a hearing for December 6, 2005, at 5:00 P.M. on proposed assessments for street and utility improvements on Holmes Street at St. Claire Office 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.
Pursuant to the recommendation of the Finance Committee, a motion was mde by Alderman Aune, seconded by Alderman Heltemes and carried, without a dissenting vote, accepting the work and authorizing final payment, in the amount of $2,658.50, to Lake Paving, Inc. dba Sherbrooke Asphalt for construction of the taxiway extension/private hangars at the Detroit Lakes Airport.
Upon the recommendation of the Finance Committee, a resolution was introduced by Alderman Aune, who moved its adoption, declaring the total cost of the 2005 Nuisance Abatement Project to be $1,785.00 which will be assessed against benefited property owners and ordering preparation of proposed assessments. 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.
Pursuant to the recommendation of the Finance Committee, a resolution was introduced by Alderman Aune, who moved its adoption, setting a special assessment hearing for 5:00 P.M. on December 6, 2005, to give consideration to the special assessment roll for the 2005 Nuisance Abatement Project. 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.
Upon the recommendation of the Finance Committee, a resolution was introduced by Alderman Aune, who moved its adoption, setting a hearing on assessments for unpaid water, sewer and storm water charges for December 6, 2005, at 5:00 P.M.. 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.
Pursuant to the recommendation of the Finance Committee, a resolution was introduced by Alderman Brenk, who moved its adoption, authorizing execution of Minnesota Agreement No. 88357, Grant Agreement for Airport Maintenance and Operation, with the Minnesota Department of Transportation. 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.
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, approving specifications and authorizing calling for bids for two new police cars, such bids to be opened December 5, 2004, at 4:30 P.M.
Pursuant to the recommendation of the Public Safety Committee, a motion was made by Alderman Heltemes, seconded by Alderman Hannon and carried, without a dissenting vote, approving Change Order No. 3 to the General Safety Equipment, LLC Contract, in the amount of $4,769.00, relative to the pumper/tanker fire truck that was purchased recently.
Upon the recommendation of the Public Safety Committee, a motion was made by Alderman Aune, seconded by Alderman Heltemes and carried, without a dissenting vote, approving the issuance of a parade permit to the Detroit Lakes Regional Chamber of Commerce to conduct the “Santa’s Grand Parade” November 28, 2005, from 5:30 P.M. to 6:30 P.M.
Pursuant to the recommendation of the Public Safety Committee, a motion was made by Alderman Aune, seconded by Alderman Heltemes and carried, without a dissenting vote, approving the renewal of Currency Exchange Licenses for Check Trek, Inc., to operate at 701 Highway 34, Suite 1 and WalMart Stores, Inc. at 1583 Highway 10 West.
Mayor Buboltz, on behalf the City Council expressed to Fire Chief Jeffrey Swanson condolences for the loss of firefighter Dale Mois.
Upon the recommendation of the Public Utilities Committee, a motion was made by Alderman Tollefson, seconded by Alderman Hannon and carried, without a dissenting vote, approving the purchase of all service territory from Wild Rice Electric Cooperative within City corporate boundaries which extends east from Longview Lane at Long Lake to and across U.S. Trunk Highway 59 in the amount of $1,552 for existing electric facilities and 16 mils per Kwh hour consumed by customers within the territory for a period of ten years.
Pursuant to the recommendation of the Public Utilities Committee, a motion was made by Alderman Tollefson, seconded by Alderman Hannon and carried, without a dissenting vote, to approve new Exhibits A and B to the Detroit Lakes Power Supply Contract with the Western Area Power Administration.
Mayor Buboltz set a Special City Council Meeting for November 15, 2005, at 5:00 P.M. to hold a public hearing and give consideration to the transfer of The Fireside’s liquor licenses to Tom Hanson.
Upon the recommendation of the Mayor, a motion was made by Alderman Imholte, seconded by Alderman Anderson and carried, without a dissenting vote, authorizing the attendance of Council and staff to the Coalition of Greater Minnesota Cities Fall Conference in Alexandria, on November 16-17, 2005.
Pursuant to the recommendation of the Mayor, a motion was made by Alderman Brenk, seconded by Alderman Heltemes and carried, without a dissenting vote, authorizing Council and staff to the League of Minnesota Cities Annual Conference in Rochester, Minnesota, on December 1-3, 2005.
A motion was made by Alderman Aune, seconded by Alderman Heltemes and carried, without a dissenting vote, approving the issuance of a plumbing license for Bert Overland, Jr., dba Overland Mechanical Services, Fergus Falls, for the period November 1, 2005, through December 31, 2005, pursuant to his application, compliance bond and $25.00 fee.
A motion was made by Alderman Aune, seconded by Alderman Heltemes and carried, without a dissenting vote, approving the issuance of cigarette licenses, for one year, to Zorbaz of Detroit Lakes, 402 West Lake Drive, Wal-Mart Supercenter #2957, 1583 Highway 10 West, D. Dahl’s Charhouse, 1218 Washington Avenue and Holiday Stationstore #72, 233 East Frazee, pursuant to their application and fee of $100.00.
A motion was made by Alderman Aune, seconded by Alderman Heltemes 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 $840,998.94 as of October 31, 2005, 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 October 5, 2005, through November 1, 2005, in the amount of $2,036,615.97. 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.
The motion was made by Alderman Aune, seconded by Alderman Heltemes and carried, without a dissenting vote, that the Chief of Police Reports, County Court Report for September, 2005, Fire Chief’s Reports, Liquor Store Manager’s Report, parking violations report and Animal Control Report be approved and placed on file.
Pursuant to Ordinance No. 339, adopted the 6th day of January, 1969, annexing the Detroit Lakes Industrial Park, a resolution was introduced by Alderman Imholte, who moved its adoption, stating that Randolph Road has been presumed to be a City street the past thirty-six years. 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.
Beatrice Tessman, Highway 59 South, appeared before the Council and presented a road dedication document relative to Holmes Street West, from Highway 59 to Brainard Beach. Mayor Buboltz referred her questions to the Street and Park Committee, along with a copy of her document.
There being no further business to conduct, by general consent, the Mayor adjourned the meeting. (5:46 P.M.)
Respectfully submitted,
Lynne Krieger
Asst. City Administrator