Government/Minutes

Detroit Lakes, Minnesota

November 13, 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., November 13, 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 William Brigg; City Administrator Robert Louiseau; 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; 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: None.

There being no corrections or additions to the minutes of the regular Council Meeting held October 9, 2007, and the special meeting of the City Council held October 16, 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 of the benefited property owners, that the City Council, this date, would hear public comment and give consideration to the proposed assessments for street and utility improvements on Lori Avenue, from Pembina Trail to North Shore Drive and Pembina Trail, from Corbett Road to Lori Avenue, the Mayor called the hearing to order at 5:00 P.M. Warren Christensen, 913 Pembina Trail, expressed his concern about not having storm sewer in front of his property and the workmanship of the improvements by his driveway. City Engineer Gary Nansen, advised that storm sewer need not be on every street or in front of every residence but there were storm sewer improvements made on Pembina Trail which the City pays for, according to the Assessment Policy. Mr. Nansen informed Mr. Christensen that he will inspect his driveway. Upon Mr. Christensen’s inquiry, Mayor Buboltz advised that he could request that his assessments be extended to a longer pay-off period. Mr. Christensen then requested that his assessments be extended to twenty years. There being no further comments, Mayor Buboltz closed the hearing at 5:09 p.m.

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 Lori Avenue, from Pembina Trail to North Shore Drive, and Pembina Trail, from Corbett Road to Lori Avenue, showing an assessable cost $187,033.91, to be assessed in equal annual installments extending over a period of ten (10) years at an interest rate of six (6%) percent with the exception of Mr. Christensen’s assessment for Parcel Number 49-1656-000 which was extended for twenty (20) years. 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 sent to each of the benefited property owners, that the City Council, this date, would hear public comment and give consideration to the proposed assessments for street and utility improvements on Curry Avenue, from East Main Street to Highway 34, the Mayor called the hearing to order at 5:09 P.M. Larry and Dorothy Peterson, 215 North Street, questioned the amount of their assessment because the utilities did not extend completely across the front of their property and a portion of curb was not replaced. City Engineer Gary Nansen summarized the City’s Assessment Policy noting that the City uses full frontage of all lots in the process of calculating the per foot assessment rate because the properties receive the same benefits. Mayor Buboltz suggested that City staff review Mr. and Mrs. Peterson’s assessment worksheet to make sure it is calculated correctly. Darcy Olson, 417 Curry Avenue, expressed concern that property owners need to be more informed of their assessments at the construction hearing and also objected to his assessment. City Engineer Gary Nansen summarized the process for construction hearings whereby the City does provide an estimate of the per foot assessment rate and stressed that the exact assessment costs cannot be determined until after the bid is accepted. He did note that the accepted bid for the project came in lower than the estimated assessment costs. Upon inquiry, Mr. Nansen informed the audience that the City did pay for the upgrade of Curry Avenue to a 9 ton street. There being no further comments, Mayor Buboltz closed the hearing at 5:21 P.M.

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 Curry Avenue, from East Main Street to Highway 34, showing an assessable cost of $218,806.62, to be assessed in equal annual installments extending over a period of fifteen (15) years at an interest rate of six (6%) percent per annum. 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 Finance Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, providing for the acceptance of the assessment roll for street improvements on North Washington Avenue, from Homestead Street South, showing an assessable cost of $7,376.78, to be assessed in equal annual installments extending over a period of fifteen (15) years at an interest rate of six (6%) percent per annum. The motion for the adoption of the resolution was seconded by Alderman Zeman and carried without a dissenting vote. The Mayor declared the resolution adopted.

Pursuant to notice having been published in the official newspaper and sent to each of the benefited property owners, that the City Council, this date, would hear public comment and give consideration to the proposed assessments for street and utility improvements included in the 2007 Municipal State Aid Street Project, the Mayor called the hearing to order at 5:22 P.M. Greg Davis, 601 West Willow Street, objected to his assessment and the process used by the City. He made note that commercial properties should pay more because they use the streets more heavily. City Engineer Gary Nansen advised that the City uses higher assessment rates for commercial property. Alderman Anderson, Chairman of the Finance Committee, advised Mr. Davis that if he feels he would like to extend his assessment over a twenty-year period, he may make that request to City staff. Alderman Anderson also informed Mr. Davis that the Finance Committee reviewed his objections to the assessments and because of the large size of the lot, the assessments were appropriate. There being no further comments, Mayor Buboltz closed the hearing at 5:29 P.M. and reconvened the regular Council Meeting.

Bituminous Mill and Overlay Improvements

1) Summit Avenue, from Willow Street to West Lake Drive;

2) North Shore Drive, from Washington Avenue to Lyndale Avenue;

3) 11^th Avenue, from 8^th Street to Trunk Highway 34; and

4) Lincoln Avenue, from Willow Street to Langford Street.

Street, Water and Sewer Reconstruction:

1) Rossman Avenue, from Willow Street to West Lake Drive;

2) Rossman Avenue, from Holmes Street to Main Street;

3) State Street, from Summit Avenue to Lake Avenue; and

4) North Shore Drive, from Lyndale Avenue to Roosevelt Avenue.

Assessable costs of $218,806.62, are to be assessed in equal annual installments extending over a period of fifteen (15) years at an interest rate of six (6%) percent per annum. The motion for the adoption of the resolution was seconded by Alderman Zeman and carried without a dissenting vote. The Mayor 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, 2008, Mayor Buboltz called the hearing to order at 5:30 P.M. There being no written or oral comments, the hearing was closed at 5:30 P.M. and the regular Council Meeting was reconvened.

Upon the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Heltemes, seconded by Alderman Tollefson 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, 2008.

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 an on-sale wine license to the Chinese Dragon of Detroit Lakes for a one year period beginning January 1, 2008, Mayor Buboltz called the hearing to order at 5:30 P.M. There being no oral or written comments, the hearing was closed at 5:30 P.M. and the regular Council Meeting was reconvened.

Upon the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Heltemes, seconded by Alderman Tollefson and carried, without a dissenting vote, authorizing the issuance of an on-sale wine license to the Chinese Dragon of Detroit Lakes for one year beginning January 1, 2008.

Bob Trisko, Waite Park, Minnesota, developer of the Resort Beach Villas Condo Project (former Fairyland Cottages) appeared before the Council, and asked for information on how the beach front property was acquired from Fairyland Cottages by the City and how they were compensated. 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, to deny the request of Beach Front Villas for a semi-commercial dock license based on the City’s Ordinances.

A motion was made by Alderman Brenk, seconded by Alderman Anderson to:

1) Waive the parking requirements of the Becker County Courthouse addition as it pertains to the Occupancy Permit;

2) Allow Becker County until December 31, 2008, to meet the parking

requirement that is approved by the City Council;

3) Grant Becker County a conditional use permit to construct a 58-space parking lot on the lots that they proposed in their plan; and

4) The City would conduct public meetings with area residents to discuss with them the final screening and buffer plan that is proposed for the parking lot in the County’s plan.

Alderman Heltemes expressed his concern about granting permission for the parking lot without an agreement on compensation from Becker County for money needed for future parking. Alderman Zeman spoke in opposition of the motion because it did not include specific compensation for the 100 parking spaces that the County is short. Aldermen Brenk and Imholte made note that they have faith in the County that they will follow through to provide either the spots or money in lieu of them. A motion was made by Alderman Tollefson , seconded by Alderman Tucker to table the motion until December 11, 2007. Alderman Tucker spoke in favor of the motion and in favor of the proposed parking lot. Alderman Brenk encouraged the Council to vote for the original motion. Upon City Administrator Bob Louiseau’s inquiry, discussion followed relative to the 60-day rule to act on requests. Mayor Buboltz then called the question and the following vote was recorded: Ayes: Heltemes, Tollefson, Tucker, Aune, Zeman and Hannon; Nayes: Imholte, Anderson and Brenk. The Mayor declared the motion carried. A motion was made by Alderman Heltemes, seconded by Alderman Hannon to extend the time table to take action on Becker County’s parking issue to the next regular Council Meeting. Discussion was held as to if the time table should be extended to 60 days. A motion was made by Alderman Hannon, seconded by Alderman Imholte and carried to amend the motion to extend the time table to make a decision on Becker County’s parking issue to 60 days.

Upon the recommendation of the Public Works Committee, a resolution was introduced by Alderman Imholte, who moved its adoption, to accept the feasibility report and cost estimates for extending City sewer and water to the Berean Baptist Church property on Highway 34. 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 motion was made by Alderman Imholte, seconded by Alderman Heltemes and carried, without a dissenting vote, to defer action on adopting a policy regarding holding pond fences until further information can be obtained. Bob Fossen, 1384 South Shore Drive, spoke in favor of fences being removed because of safety issues.

Commissioner Barry Nelson suggested that representatives from the Council meet with the Becker County Building Committee relative to the concerns expressed on the parking issues. Mayor Buboltz assured Commissioner Nelson he would appoint several Aldermen within the week.

Mr. Otto Swonger, 1142 Campbell Avenue, appeared before the Council to request a 60-day extension to the time he was allowed to side his house. A motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting vote, to extend the time Mr. Swonger has to side his house at 1149 Campbell Avenue to the end of February, 2008, with no more extensions allowed.

Upon the recommendations of the Planning Commission that 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 and carried, without a dissenting vote, to approve the issuance of a variance to Ron Huber allowing two driveways for a single family residential use at 686 South Shore Drive provided the property does not exceed 25% impervious surface coverage.

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 Aune and carried, without a dissenting vote, denying the request from Kenneth and Mary Brill for a variance to allow construction of an addition to a cabin 39 feet from the ordinary high water mark at 488 Shorewood Drive because no hardship was shown and the owners have other options for construction of the addition.

Pursuant to the recommendation of the Community Development Committee, a motion was made by Alderman Hannon, seconded by Alderman Aune and carried, without a dissenting vote, that building permits for the month of October, 2007, in the estimated construction value of $7,894,061.00, 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.

Pursuant to the recommendation of the Public Works Committee, a resolution was introduced by Alderman Imholte, who moved its adoption, approving the feasibility report and setting a hearing for December 11, 2008, at 5:00 P.M. to hear public comment on the proposed improvements for the streets included in the 2008 Street and Utility Projects. 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.

Upon the recommendation of the Public Works Committee, a resolution was introduced by Alderman Imholte, who moved its adoption, authorizing the Mayor and City Administrator to enter into a Master Partnership Contract with MnDOT. 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.

Pursuant to the request of Washington Square Management and upon the recommendation of the Public Works Committee, a motion was made by Alderman Imholte, seconded by Alderman Zeman and carried, without a dissenting vote, approving placement of “no parking” signs on the east side of Lake Avenue in front of the Washington Square Mall.

Pursuant to the request of Pizza Hut and upon the recommendation of the Public Works Committee, a motion was made by Alderman Imholte, seconded by Alderman Zeman and carried, without a dissenting vote, to deny the request for two parking spots designated for Pizza Hut delivery drivers.

Upon the recommendation of the Finance Committee, a motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting vote, authorizing the City Administrator to enter into a 15-year lease agreement with The Schuett Companies, Inc. (Park Manor) for City parking adjacent to the north side of the Park Manor Building.

Pursuant to the recommendation of the Finance Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, authorizing the calling of the outstanding General Obligation Taxable Tax Increment Bonds of 1998/Tax Increment District 21-1. The motion for the adoption of the resolution was seconded by Alderman Imholte and carried without a dissenting vote. Mayor Buboltz declared the resolution carried.

Upon the recommendation of the Finance Committee, a resolution was introduced by Alderman Hannon, who moved its adoption, declaring costs to be assessed and ordering preparation of proposed assessment for the 2007 nuisance abatement charges on 407 Rossman Avenue and 923 West Avenue. 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 Hannon, who moved its adoption, setting a assessment hearing for the 2007 nuisance abatements charges on 407 Rossman Avenue and 923 West Avenue for December 11, 2007, at 5:00 P.M. 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 Hannon, who moved its adoption, setting a special assessment hearing for December 11, 2007, at 5:00 P.M. for unpaid water, sewer and storm water charges for 2007. 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 Public Safety Committee meeting, a motion was made by Alderman Hannon, seconded by Alderman Aune and carried, without a dissenting vote, approving the application for a parade permit submitted by the Chamber of Commerce to conduct a “Santa’s Grand Parade” on November 26, 2007.

Upon the recommendation of the Public Safety Committee, a motion was made by Alderman Hannon, seconded by Alderman Aune and carried, without a dissenting vote, approving the renewal of a Currency Exchange License for Wal-Mart to operate at 1583 Highway 10 West.

Pursuant to the recommendation of the Public Safety Committee, a motion was made by Alderman Hannon, seconded by Alderman Aune and carried, without a dissenting vote, authorizing the attendance of eight firefighters to the Grain Elevator and Feed Mill Fire Fighting and Bin Rescue Workshop in Alexandria, Minnesota, on December 1, 2007.

Upon the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Hannon, seconded by Alderman Aune and carried, without a dissenting vote, setting a hearing for December 11, 2007, at 5:00 P.M. to give considera-tion to the issuance of on-sale intoxicating liquor licenses, on and off-sale 3.2 malt liquor licenses and Sunday liquor licenses for one year effective January 1, 2008.

Pursuant to the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Hannon, seconded by Alderman Aune and carried, without a dissenting vote, approving the following gambling applications:

1) St. Mary’s Regional Health Center for Bingo at the Holiday Inn on

2) December 7, 2007

3) Detroit Lakes Youth Wrestling Organization for gambling at the Sand Bar II

4) Detroit Lakes Shrine Color Guard for gambling at D. Dahl’s Charhouse

5) Ultra Snowmobile Club for a raffle during the Vintage Snowmobile Rally at the City Beach on February 16, 2008

Upon the recommendation of the Public Utilities Commission, a motion was made by Alderman Tollefson, seconded by Alderman Aune and carried, without a dissenting vote, approving Change Order No. G-1 to The Tradesmen Construction, Inc. Contract for construction of the electric utility warehouse which will deduct $112,309.00 from the contract.

A resolution was introduced by Alderman Brenk, who moved its adoption, changing the Ward III, Precinct I polling place from Pleasantview Apartments, 1111 Washington Avenue to First Lutheran Church, 912 Lake Avenue. The motion for the adoption of the resolution was seconded by Alderman Zeman and carried without a dissenting vote. Mayor Buboltz declared the resolution adopted.

A motion was made by Alderman Hannon, seconded by Alderman Aune and carried, without a dissenting vote, approving the issuance of a cigarette license for one year to Wal-Mart Stores, pursuant to their application and $100.00 fee.

A motion was made by Alderman Hannon, 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 $1,636,422.27 as of October 31, 2007, be accepted, approved and placed on file.

Pursuant to the recommendation of the Finance Committee, a resolution was introduced by Alderman Hannon, who moved its adoption, approving the payment of claims paid by proper authorization covering the period October 9, 2007, through November 13, 2007, in the amount of $4,257,391.64. 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 Hannon, seconded by Alderman Aune and carried, without a dissenting vote, that the County Court Report for August, 2007, Chief of Police Reports, Fire Chief's Report, Liquor Store Manager's Report, Animal Control Report and parking violations report be approved and placed on file.

Becker County Commissioner Barry Nelson thanked Building Official Calvin Mayfield for helping Becker County on their courthouse addition.

There being no further business to conduct, by general consent, the Mayor adjourned the meeting (6:42 P.M.)

Respectfully submitted,

Lynne Krieger

Asst. City Administrator