November 3, 2004
The
regular meeting of the City Council was called to order in the Council Chambers
of the
Present: Mayor Larry G. Buboltz; City Attorney William Briggs; City Administrator Lynne Krieger; Finance Officer Louis Guzek; Community Development Director Larry Remmen; 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:
Absent: Alderman Hoeglund and Street Commissioner Roy Estes.
There being no corrections or additions to the minutes of the regular Council Meeting held October 5, 2004, 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 a public hearing
would be held to hear comment on the proposed annexation of 55 acres of land in
part of Government Lots 2-5, lying east and south of the public road, commonly
known as Long Lake Road/David and Lynn Dorff
Property, Mayor Buboltz called the hearing to order
at 5:04 P.M. Community Development
Director Larry Remmen advised that the Environmental
Quality Board contacted him regarding a petition they received from property
owners in the Long Lake area requesting an Environmental Impact Report on the
property After questions, Diane
McCormack, 15840 Long Lake Road, appeared before the Council and spoke against
early annexation of the property but approved of annexation of the property in
2008 according to the Detroit Township and City’s Orderly Annexation
Agreement.
Upon the
recommendation of the Community Development Committee, a motion was made by
Alderman Brenk, seconded by Alderman Imholte and carried, without a dissenting vote,
introducing, for its first reading, an ordinance annexing 55 acres of land in
part of Government Lots 2-5, lying east and south of the public road, commonly
known as
Pursuant to notice having been published in the official newspaper that a public hearing would be held to hear comment on the property tax abatements, requested by Ecumen dba Emmanuel Nursing Home, for City financial assistance to construct a 38-unit senior housing facility, the Mayor called the hearing to order at 5:45 P.M. Community Development Director Larry Remmen briefly summarized the proposed terms for the abatement which will be for five years in and amount not to exceed $40,000.00. There being no oral or written comments, Mayor Buboltz closed the hearing at 5:45 P.M. and reconvened the regular Council Meeting.
Upon the recommendation of the Development Authority and Community Development Committee, a resolution was introduced by Alderman Brenk, who moved its adoption, approving the property tax abatement for Ecumen dba Emmanuel Nursing Home providing financial assistance for a 38-unit senior housing facility. 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
notice having been published in the official newspaper that the City Council,
this date, would give consideration to the proposed assessments for street and
utility improvements to Lake Avenue, from Willow Street to West Lake Drive,
Mayor Buboltz called the hearing to order at 5:46
P.M. City Administrator Richard Grabow briefly reviewed the proposed assessment. Upon inquiry by
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, as presented, for street and utility improvements to Lake Avenue, from Willow Street to West Lake Drive, showing an assessable cost of $260,330.51 to be assessed in equal annual installments extending over a period of fifteen years at an interest rate of six percent per annum. 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 notice having been published in
the official newspaper that the City Council, this date, would give consideration
to the proposed assessment for frontage road improvements on Highway 59 South
by L&M Fleet/Section B, Mayor Buboltz called the
hearing to order at 5:48 P.M. City Administrator
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, as presented, for frontage road improvements on Highway 59 South by L&M Fleet/Section B, showing an assessable cost of $78,829.49 to be assessed in equal annual installments over a period of fifteen years at an interest rate of six percent per annum and deferring assessments for water and sewer services, in the amount of $8,264.76, for a period of seven years at the interest rate of six percent per annum unless the property is sold or connection is made to the City’s water and sewer system, the assessable shall then be assessable at the remaining fifteen-year period. 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 notice having been
published in the official newspaper and mailed to each of the known property owners
that were benefited by property cleanup at
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 property cleanup at 309 West Front Street and 113 West Union Street, showing an assessable cost of $1,910.00; such assessments to be payable in one year at an 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. 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 2004 Sidewalk Repair/Replacement Project, Mayor Buboltz called the special assessment hearing to order at 6:00 P.M. City Administrator Grabow briefly reviewed the assessments. There being no oral or written comments, Mayor Buboltz closed the hearing at 6:00 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, as presented, for sidewalk repair/replacement for the Year 2004, showing an assessable cost of $31,177.19 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 $150.00 or less shall be payable in one year. The motion for the adoption of the resolution was seconded by Alderman Brenk 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 2004 Dutch Elm Disease Control Project, Mayor Buboltz called the special assessment hearing to order at 6:00 P.M. City Administrator Grabow briefly reviewed the assessments. There being no oral or written comments, Mayor Buboltz closed the hearing at 6:00 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, as presented, for the 2004 Dutch Elm Disease Control Project, showing an assessable cost of $3,494.32 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 $150.00 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. 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 2004 Weed Cutting Project, Mayor Buboltz called the special assessment hearing to order at 6:01 P.M. City Administrator Grabow briefly reviewed the assessments. There being no oral or written comments, Mayor Buboltz closed the hearing at 6:01 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, as presented, for the 2004 Weed Cutting Project, showing an assessable cost of $264.00 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 Aune and carried without a dissenting vote. Mayor Buboltz declared the resolution adopted.
Mayor Buboltz called to order a hearing at 6:02 P.M. to consider
the matter of a reported nuisance at
Mayor Buboltz called to order a hearing at 6:03 P.M. to consider
the matter of a reported nuisance at
Mayor Buboltz
called to order a hearing at 6:04 P.M. to consider the matter of a reported
nuisance at
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, 2005, Mayor Buboltz called the hearing to order at 6:05 P.M. There being no written or oral comments, the hearing was closed at 6:05 P.M. and the regular Council Meeting was reconvened.
Upon the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Ness, seconded by Alderman Aune 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, 2005.
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, Sunflower Hill and Coffee and Gifts and Giovanni’s Pizza for a one year period beginning January 1, 2005, Mayor Buboltz called the hearing to order at 6:07 P.M. There being no oral or written comments, the hearing was closed at 6:07 P.M. and the regular Council Meeting was reconvened.
Upon the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Ness, seconded by Alderman Tollefson 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, Sunflower Hill Coffee and Gifts and Giovanni’s Pizza for one year beginning January 1, 2005.
Upon the recommendation of the Community Development Committee, a motion was made by Alderman Brenk, seconded by Alderman Imholte, and carried, with one dissenting vote (Hoeglund), introducing for its second reading and adoption, Ordinance No. 262, an ordinance amending the Zoning Ordinance, Section 24, which regulates signs.
Pursuant to the request of Keith Inwards, State Farm Insurance, and upon the recommendation of the Street and Park Committee, a motion was made by Alderman Heltemes, seconded by Alderman Tollefson and carried, without a dissenting vote, to designate one thirty-minute parking sign on Washington Avenue south of the existing 30-minute parking sign.
Upon 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 Heltemes and carried, without a dissenting vote, approving the final plat of Pelican River Heights subject to revision of the road right-of-way for Riverwood Drive and the Developer entering into a development agreement. Alderman Imholte stressed that there needs to be a better policy on park dedication or cash in lieu of park dedication.
Pursuant to the request of the Chamber of Commerce and the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Ness, seconded by Alderman Brenk and carried, without a dissenting vote, to contribute $300.00 to the Chamber from the Liquor Fund to help cover the cost of replacement bulbs for the Christmas street pole decorations.
Upon the recommendation of the Community Development Committee, a resolution was introduced by Alderman Brenk, who moved its adoption, accepting the feasibility report on required sanitary sewer, watermain, sidewalk and traffic signal improvement in connection with the MnDOT Highway 10 Realignment 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 request of MMCDC
and upon the recommendation of the Community Development Committee, a
resolution was introduced by Alderman Brenk, who
moved its adoption, authorizing the City Engineer to prepare costs estimates on
utility and street improvements to the remaining thirty-six lots in
Upon the recommendation of the Community Development Committee, a resolution was introduced by Alderman Brenk, who moved its adoption, advocating for continued local control of the JOBZ Program. The motion for the adoption of the resolution was carried without a dissenting vote. The Mayor declared the resolution adopted.
Pursuant to the request of the Pelican River Watershed District and upon the recommendation of the Community Development Committee, a motion was made by Alderman Brenk, seconded by Alderman Imholte and carried, without a dissenting vote, authorizing the Mayor and City Administrator to enter into a joint petition with Pelican River Watershed District to support an ordinance prohibiting boating, docks and surface activities on St. Clair Lake.
Upon the recommendation of the
Community Development Committee, a resolution was introduced by Alderman Brenk, who moved its adoption, setting a public hearing for
December 7, 2004, at 5:00 P.M. to hear public comment on the proposed vacation
of a portion of
Pursuant to the request for a
Private Site Recreation Vehicle Permit at
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 Imholte and carried, without a dissenting vote, denying the issuance of a variance to Lloyd and Letta Oberg allowing an addition to a deck 61 feet from the Ordinary High Water Mark at 672 Shorewood Drive because the owner had other options available for the further development of this property.
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 Imholte and carried, without a dissenting vote, introducing for its first reading, an ordinance amending the Zoning Ordinance eliminating the density increase multiplier for residential developments in the Shoreland District.
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 resolution was introduced by Alderman Brenk, who moved its adoption, approving the final plat of Madison Addition. 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 the request of BTD Manufacturing and upon the recommendation of the Street and Park Committee, a motion was made by Alderman Heltemes, seconded by Alderman Anderson and carried, without a dissenting vote, denying their request for a through street on 11th Avenue S.E. but authorizing the placement of a 4-way stop at the intersection of 13th Avenue and 11th Street.
Pursuant to the request of Mary and Marty Solmon, Lake Forest Development, and upon the recommendation of the Street and Park Committee, a motion was made by Alderman Heltemes, seconded by Alderman Brenk and carried, without a dissenting vote, denying their request for lighting around the storm water retention pond in the Lake Forest Development and their request for the City to operate the retention pond as a skating rink because of the liability the City would have to assume and the expense.
Upon the recommendation of the Street and Park Committee, a resolution was introduced by Alderman Heltemes, who moved its adoption, adopting a Pothole Repair Policy. The motion for the adoption of the resolution was seconded by Alderman Ness and carried without a dissenting vote. The Mayor declared the resolution adopted.
Pursuant to the recommendation of
the Street and Park Committee, a motion was made by Alderman Heltemes, seconded by Alderman Aune
and carried, without a dissenting vote, approving the issuance of a vehicle for
hire to
Upon the recommendation of the
Street and Park Committee, a motion was made by Alderman Aune,
seconded by Alderman Anderson and carried, without a dissenting vote,
authorizing the attendance of Street Commissioner Roy Estes to the Annual
Minnesota Recreation and Park Association Conference in
Pursuant to 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 7, 2004, at 5:00 P.M. 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 motion was made by Alderman Aune, seconded by Alderman Anderson and carried, without a dissenting vote, increasing Building Official Calvin Mayfield’s travel allowance by $90.00/month effective October 1, 2004, because of increased travel during his term on a committee to help other cities in Minnesota deal with disasters.
Pursuant to the Public Safety Committee, a resolution was introduced by Alderman Imholte, who moved its adoption, amending Article VIII, Section 3 of the Detroit Lakes Fire Department Relief Association By-Laws providing for a lump sum pension of $3,100.00 for each year a firefighter serves as an active member of the Fire Department effective April 1, 2005. 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 Public Safety Committee, a motion was made by Alderman Imholte, seconded by Alderman Anderson and carried, without a dissenting vote, approving specifications and authorizing calling for bids for a new police car, such bids to be opened December 6, 2004, at 4:30 P.M.
Upon the recommendation of the Public Safety Committee, a motion was made by Alderman Imholte, seconded by Alderman Aune, authorizing the Police Chief to dispose of excess equipment at the Detroit Lakes Police Department as he sees fit. Chief Keena advised the Council that this equipment consists of items that were not sold at the City auction. He informed the Council that the 61 bicycles will be going to “Helping Hands” who will repair them and donate them to the needy. Mayor Buboltz then called the question and the motion carried unanimously.
Pursuant to the recommendation of the Public Safety Committee, a motion was made by Alderman Imholte, seconded by Alderman Aune and carried, without a dissenting vote, authorizing the Police Department to sell four DWI forfeiture vehicles: 1978 Ford Bronco, 1995 Pontiac Grand Prix, 1983 Ford pickup and a 1993 Buick sedan.
Upon the recommendation of the Public Safety Committee, a motion was made by Alderman Aune, seconded by Alderman Anderson and carried, without a dissenting vote, approving the issuance of a parade permit for the Detroit Lakes Regional Chamber of Commerce to conduct the “Santa’s Grand Parade” November 29, 2004, 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 Anderson 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.
The Council acknowledged receipt of the 2004 Summary Report on “Tuesdays in the Park”.
Alderman Imholte, Chairman of the Public Safety Committee, informed
the Council and audience that
Pursuant to Liquor Store Manager Bradley MacMaster obtaining quotes for a surveillance camera system for Lakes Liquor, the following quotes were received:
BIDDER BID AMOUNT
Northern Safety & Security 8,775.60
Electro Watchman, Inc. 10,183.30
Upon the recommendation of the Public Safety Committee, a
motion was made by Alderman Ness, seconded by Alderman Aune
and carried, without a dissenting vote, accepting the bid of North Country
Business Products,
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, setting a hearing for 5:00 P.M., December 7, 2004, in the Council Chambers, for the purpose of considering the issuance of the following liquor licenses for one year beginning January 1, 2005:
On-Sale 3.2 Malt
Liquor Off-Sale
3.2 Malt Liquor
Godfather's Pizza Northside Bar and Cafe
Pizza Hut Zorbaz at the Beach
Chinese Dragon Giovanni’s Pizza
Giovanni’s Pizza
Ordinary Joe’s Bar-B-Que
Sunflower Hill Coffee & Gifts
On-Sale Intoxicating & Sunday Off-Sale
3.2/Grocery
Liquor
Stop-N-Go #445
D. Dahl’s Charhouse Pamida
Northside Bar and Cafe Central Market
The Fireside M & H
Shorewood Pub Casey’s General Store
Lakeside 1891
Islands/Voyageur Lanes Food-N-Fuel
Sandbar II WalMart
Zorbaz at the Beach Minute Mart
Speak Easy Shorewood Pub
Holiday Inn
The Bridge Petro Plus
The
Becker
County 22 General Store
Pamida
The returns of the judges on the votes cast at the regular City Election held November 2, 2004, were reviewed and canvassed as required by law, and found to be correct. The following resolution was introduced by Alderman Brenk, who moved its adoption:
RESOLUTION
IN THE MATTER OF CANVASSING THE VOTES CAST AT THE CITY
ELECTION HELD NOVEMBER 2, 2004
WHEREAS, the returns made to the City Administrator of the
City of Detroit Lakes, by the duly appointed judges of the City Election held
November 2, 2004, show the votes cast at the election to be as follows:
First Ward Second Ward Third Ward
Total Votes Cast Prec, I Prec. I Prec. I Total
Mayor
(4-Year
Term)
Larry Buboltz 933 1232 1252 3417
Alderman
at Large
(4-Year Term)
Bruce Imholte 906 1146 1189 3241
Alderman First Ward
(4-Year
Term)
John S. Watland 232
232
Bob Renney 191 191
Jerry Conn 80 80
Alderman Second Ward
(4-Year
Term)
James Hanon 490 490
Janice Ness 467 467
Gina Blake 365 365
Alderman Third Ward
(4-Year
Term)
James Anderson 1183 1183
Alderman Third Ward
(2-year Term)
G.L. Tucker 955
955
Tom Heuring, Sr. 293
293
and;
WHEREAS,
after canvassing the returns made by the Judges of said City Election, the
Council found that the above report is correct, noting the following write-in
votes were Mayor: Richard Luhman (1), Ken Carpenter (1), Dan Tijan
(6),
NOW, THEREFORE, BE IT RESOLVED By the Council of the City of Detroit Lakes, Minnesota, that the following named persons received a plurality of all votes cast for the offices opposite their respective name for terms as indicated, beginning January 1, 2005, pursuant to Section 4.06 of the Amended Home Rule Charter of the City of Detroit Lakes:
OFFICE ELECTED
OFFICIAL TERM
Mayor Larry G. Buboltz 4-Year Term
Alderman At Large Bruce Imholte 4-Year Term
Alderman, First Ward
Alderman, Second Ward
Alderman, Third Ward Jim Anderson 4-Year Term
Alderman, Third Ward G.L. Tucker 2-Year Term
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.
The motion was
made by Alderman Aune, seconded by Alderman Anderson
and carried, without a dissenting vote, approving the issuance of a cigarette
license for one year to
Upon the recommendation of the Mayor, a motion was made by Alerman Ness, seconded by Alderman Anderson and carried, without a dissenting vote, accepting the resignation of Richard Schram who served on the Park Board. Mayor Buboltz requested that a letter of appreciation be sent to Mr. Schram for his service.
Pursuant to the recommendation Mayor Buboltz, a motion was made by Alderman Brenk, seconded by Alderman Imholte and carried, without a dissenting vote, appointing Karen Skoyles to the Park Board for the period November 3, 2004, through February 28, 2005, to fill the unexpired term of Richard Schram.
Upon the recommendation of Mayor Buboltz, a motion was made by Alderman Imholte,
seconded by Alderman Brenk and carried, without a
dissenting vote, approving the attendance of staff, Council and the newly
elected alderman to the Coalition of Greater Minnesota Cities Fall Conference
in
A motion was made by Alderman Brenk, seconded by Alderman Ness and carried, without a dissenting vote, authorizing the Mayor and City Administrator to executed a Consent Agreement to allow Briggs and Morgan to represent the City in its dealings with the Ecumen Bonds.
A motion was made by Alderman Aune, seconded by Alderman Anderson and carried, without a
dissenting vote, that building permits for the month of October, 2004, in the
estimated construction value of $5,372,149.59, be issued pursuant to their
application 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.
A motion was made by Alderman Aune, seconded by Alderman Anderson and carried, without a
dissenting vote, that the trial balance, submitted by Finance Officer
Upon 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 6, 2004, through November 3, 2004, in the amount of $1,975,958..64. 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.
A motion was made by Alderman Aune, seconded by Alderman Anderson and carried, without a dissenting vote, that the County Court Report for September, 2004, Chief of Police Reports, Liquor Store Manager’s Report, Blue Cross Blue Shield Health Insurance Report, parking violations report and Animal Control Report be approved and placed on file.
A motion was made by Alderman Ness,
seconded by Alderman Brenk and carried, without a
dissenting vote, approving the issuance of cigarette licenses, for one year, to
Zorbaz of Detroit Lakes and
A motion was made by Alderman Ness, seconded by Alderman Brenk and carried, without a dissenting vote, approving the issuance of a temporary on-sale 3.2 malt liquor license to the Detroit Lakes Jaycees allowing them to sell beer at the Freeman Arena on November 24, 2004, in conjunction with the Old Timers Hockey Tournament.
There being no further business to conduct, by general consent, the Mayor adjourned the City Council meeting. (6:50 P.M.)
Respectfully submitted,
Lynne Krieger