Detroit Lakes, Minnesota

                                                                                    December 7, 2004

 

            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, December 7, 2004, 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; Assistant City Administrator Lynne Krieger; Finance Officer Louis Guzek; Community Development Director Larry Remmen; Public Utilities Superintendent Curt Punt; Street Commissioner Roy Estes; 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, Heltemes, Hoeglund, Imholte, Ness and Tollefson.

 

            Absent:             Alderman Riewer and City Administrator Richard Grabow.

 

            A motion was made by Alderman Hoeglund, seconded by Alderman Aune and carried, without a dissenting vote, to correct the minutes of the November 3, 2004, City Council Meeting, showing that Alderman Hoeglund was present at the meeting.  There being no further corrections or additions to the minutes of the regular City Council Meeting held November 3, 2004, the Mayor declared that they would stand approved as corrected and 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 public comment on the 2004 tax levy, Mayor Buboltz called the hearing to order at 5:01 P.M.  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 2004, collectible in 2005, is $2,057,166.00, an increase of $255,003.00 from 2003 or a 14.15% increase in the tax levy.  Mr. Guzek noted that because of new construction and growth, the taxable market value increased 15.2% decreasing the City’s net tax capacity rate by -0.68%. .  Finance Officer Guzek pointed out that the assessed market value increased $62,365,700.00 and reviewed the City’s 2005 Budget.  He further explained that the increase in the General Fund tax levy was related to Local Government Aid cuts in 2004-2005 of approximately $180,000.00.  Tables were also shown comparing the City’s tax capacity to other cities of similar size.  Mayor Buboltz reminded the Council that a special City Council meeting has been set for December 14, 2004, at 5:00 P.M. to give consideration to the adoption of the tax levy and budget.  There being no further comments, Mayor Buboltz closed the hearing at 5:16 P.M.  

 

            Pursuant to notice having been published in the official newspaper that the City Council, this date, would hear public comment and give consideration to the proposed vacation of a portion of Muir Lane (cul-de-sac), the Mayor called the hearing to order at 5:16 P.M.  Community Development Director Larry Remman advised the Council that since the development of the Timber Creek Subdivision, there is now a public street that runs through the subdivision so the cul-de-sac is no longer needed.  There being no further comments, Mayor Buboltz closed the hearing at 5:17 P.M. and reconvened the regular Council Meeting.

 

            Upon the recommendation of the Community Development Committee, a resolution was introduced by Alderman Brenk, who moved its adoption, approving the vacation of a portion of Muir Lane as follows:

 

            That portion of  Muir Lane lying northerly and northeasterly of a line 66.00 feet from the current southerly and southwesterly right-of-way lines of Muir Lane as it is described in plats.

 

            Ridgewood, Timber Creek and Timber Creek Second Addition, and Timber Creek Third; said plats are located in Section 13, T138N, R41W of the Fifth Principal Meridian and are on file and of record at the Becker County Recorder’s Office

 

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, providing for the acceptance of the assessment roll, as presented, for unpaid water, sewer and storm water charges.  The cost of the assessments is $1,222.95 and such assessments are 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 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 present meeting, conduct a hearing for the purpose of hearing public comment on the issuance of an on-sale intoxicating liquor license, Sunday on-sale intoxicating liquor license and off-sale 3.2 malt liquor license to SODL, Inc. dba Speedway, 720 West Lake Drive, for the period February 1, 2005, through December 31, 2005, the Mayor called the hearing to order at 5:19 P.M.  There being no oral or written comments, Mayor Buboltz closed the hearing at 5:19 P.M. and reconvened the regular Council Meeting.

 

Upon the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Ness, seconded by Alderman Heltemes and carried, without a dissenting vote, authorizing the issuance of an on-sale intoxicating liquor license, Sunday on-sale intoxicating liquor license and off-sale 3.2 malt liquor license to SODL, Inc. dba Speedway, 720 West Lake Drive, for the period February 1, 2005, through December 31, 2005.

 

Pursuant to notice having been published in the official newspaper that the Council would, at this present meeting, conduct a hearing for the purpose of hearing public comment on the issuance of an off-sale 3.2 malt liquor license to Pamida, Inc. dba Pamida #3122, 605 Highway 10 East, for the period December 7, 2004, through December 31, 2004, the Mayor called the hearing to order at 5:19 P.M.  There being no oral or written comments, Mayor Buboltz closed the hearing at 5:20 P.M. and reconvened the regular Council Meeting.

 

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 an off-sale 3.2 malt liquor license for Pamida, Inc., dba Pamida #3122, 605 Highway 10 East, for the period December 7, 2004, through December 31, 2004.

 

Pursuant to notice having been published in the official newspaper that the Council would, at this present meeting, conduct a hearing for the purpose of hearing  public comment on the issuance of on-sale intoxicating liquor licenses and Sunday on-sale intoxicating liquor licenses to D. Dahl’s Charhouse, Northside Bar and Café, The Fireside, Shorewood Pub, Lakeside 1891, Islands/Voyageur Lanes, The Sandbar II, Zorbaz at the Beach, Speak Easy, Holiday Inn Lakeside, The Bridge and The Becker Sports Grill for one year beginning January 1, 2005, the Mayor called the hearing to order at 5:20 P.M.  There being no oral or written comments, Mayor Buboltz closed the hearing at 5:21 P.M. and reconvened the regular Council meeting.

 

            Upon the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Heltemes, seconded by Alderman Ness and carried without a dissenting vote, authorizing the issuance of on-sale intoxicating liquor licenses and Sunday on-sale intoxicating liquor licenses to D. Dahl’s Charhouse, Northside Bar and Café, The Fireside, Shorewood Pub, Lakeside 1891, Islands/Voyageur Lanes, The Sandbar II, Zorbaz at the Beach, Speak Easy, Holiday Inn Lakeside, The Bridge and The Becker Sports Grill for one year beginning January 1, 2005, contingent upon receiving the necessary documents.

 

            Pursuant to notice having been published in the official newspaper, that the Council would, at this present meeting, conduct a hearing for the purpose of hearing public comment on the issuance of on and off-sale 3.2 malt liquor licenses for one year beginning January 1, 2005, Mayor Buboltz called the hearing to order at 521 P.M.  There being no written or oral comments, Mayor Buboltz closed the hearing at 5:22 P.M. and reconvened the regular Council meeting.

 

            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 the following on and off-sale 3.2 malt 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 Café

            Pizza Hut                                                          Zorbaz at the Beach

            Chinese Dragon                                               

            Giovanni’s Pizza

China Buffet

            Ordinary Joe’s Bar-B-Que

            Sunflower Hill Coffee and Gifts

 

            Off-Sale 3.2/Grocery

            Stop-N-Go

            WalMart

            Central Market

            Petro Plus

            North Shore Travel Plaza

            County 22 General Store

            Holiday Stationstore #72

            Food-N-Fuel

            Minute Mart

            Shorewood Pub

            Lindberg Convenience Center

            Casey’s General Store

            Pamida

 

            Pursuant to the Planning Commission recommendations 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 issuance of a variance to Bruce Omang allowing the signage at 1441 Highway 10 West to exceed the allowable signage by 76 square feet, 12 square feet for in-place signage and 64 square feet for a new sign subject to the following conditions:

 

1)                  The 64 square foot sign must be located in the same location and on the same pole with the existing Subway/Taco Johns signs; and

2)                  That no other free standing signs are allowed on the site.

           

            Pursuant to the request of the Sucker Creek Preserve Committee and upon the recommendation of the Park Board and the Street and Park Committee, a motion was made by Alderman Heltemes, seconded by Alderman Aune and carried, without a dissenting vote, to authorize the City to purchase Lot 3 in Brookridge Addition and approve the use of $8,000.00 of park dedication funds toward the purchase price of $15,000.00 if the remaining funds are obtained. 

 

            Pursuant to the Street Commissioner obtaining quotes for construction of a parking area and handicapped accessible path in Sucker Creek Preserve, the following quotes were received:

 

            BIDDER                                                                      BID AMOUNT

 

            Feldt Plumbing and Heating                                           $48,046.00

            28442 State Highway #34

            Detroit Lakes, Minnesota   56501

 

            Hough, Inc.                                                                    49,457.00

            P.O. Box 2

            Detroit Lakes, Minnesota   56502

 

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, accepting the quote of Feldt Plumbing and Heating, Detroit Lakes, Minnesota, in the amount of $48,046.00, for construction of a parking area and handicapped accessible path in Sucker Creek Preserve.

 

            Upon the recommendation of the Community Development Committee, a resolution was introduced by Alderman Brenk, who moved its adoption, authorizing the transfer of approximately 55 to 65 acres of Wastewater property which consists of all of Parcel R49-0051-573 and a portion of Parcel R49-0051-575 all being in Section 28 of Township 139 North of Range 41 West in Becker County Minnesota, to the Detroit Lakes Development Authority with the condition that the Development Authority agrees to publicly offer the property for sale for a period of 30 days before it enters into any agreement to develop or sell the property.  The motion for the adoption of the resolution was seconded by Alderman Heltemes.  Alderman Imholte stressed the following points:

 

1)      The Detroit Lakes Airport and other City Departments do not need this land;

 

2)      The Public Utility Commission will pay Jack Chivers Realty a five percent commission on the $750,000.00 sale;

 

3)      Menards will pay for any new roads into their development;

 

4)      The Detroit Lakes Development Authority will contact other potential buyers for the property; and

 

5)      Menards will develop the property within the next year.

 

Mayor Buboltz informed Alderman Imholte that Duane Wething, Chairman of the Detroit Lakes/Becker County Airport Commission, advised the Public Utility Commission that according to the recent feasibility study on the Airport’s Expansion Project, it showed it was not feasible for a crossway runway.  Alderman Aune, Chairman of the Public Utility Committee and Commissioner Dixie Johnson advised the Council that it was the Public Utility Commission’s recommendation to transfer the property to the Development Authority for sale immediately.  Upon the inquiry of Alderman Anderson, Public Utilities Superintendent Curt Punt advised that the entire parcel was appraised at $476,000.00 and the buyer is interested in purchasing 60% of the parcel for $750,000.00.  He also advised that the Public Utility is retaining the portion of property that the City’s feasibility report showed was suitable for the City’s future use.  A motion was made by Alderman Hoeglund, seconded by Alderman Tollefson to amend the motion for the adoption of the resolution removing the condition that calls for publicly offering the property for sale for a period of 30 days before it enters into any agreement to develop or sell the property.  Mayor Buboltz then called the question and the motion amending the resolution carried with three dissenting votes (Imholte, Heltemes, Brenk).  Alderman Imholte informed the Council that he is in favor of selling the property but voted no to the amendment because he is opposed to selling the property without opening the sale of the property to the public first.  Mayor Buboltz then called for a vote on the amended motion adopting the resolution without the condition to publicly offer the property for sale for a period of 30 days and the motion failed with three dissenting votes (Imholte, Heltemes, Brenk).  Alderman Brenk reintroduced the original resolution which included the condition of offering the property for sale for a period of 30 days and Alderman Heltemes seconded it and the motion for the adoption of the resolution carried without a dissenting vote.  Mayor Buboltz declared the resolution adopted.

Clayton Schott, 26230 North Tower Road, expressed his concerns about the effect this sale would have on current businesses.  Alderman Heltemes advised that his vote represented all his constituents. 

           

            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 second reading and adoption Ordinance No. 265, an ordinance to eliminate the density increase multiplier from Section 18 “Shoreland District Regulations” in the Zoning Ordinance. 

 

            Pursuant to the recommendation of the Community Development Committee, a resolution was introduced by Alderman Brenk, who moved its adoption, setting a hearing for January 4, 2004, at 5:00 P.M. to hear public comment on the proposed vacation of a portion of Oak Grove Avenue.  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 recommendation of the Community Development Committee, a resolution was introduced by Alderman Brenk, who moved its adoption, to not complete an Environmental Assessment Worksheet for Clear Creek.  The motion for the adoption of the resolution was seconded by Alderman Heltemes.  Upon Alderman Brenk’s request, Community Development Director Larry Remmen advised that the Community Development Committee has determined that due to its nature and location, the proposed Clear Creek Project will not have significant environmental effects and recommends that no Environmental Assessment Worksheet be completed.  Diane McCormack, 15840 Long Lake Road, representative for the petitioners, appeared before the City Council, expressing her concern that each individual project does not make it mandatory to complete an EAW but the cumulative effect of all the proposed projects in the area will have a significant impact on the environment.   Mayor Buboltz then called the question and the motion for the adoption of the resolution carried unanimously. 

 

            Pursuant to the recommendation of the Community Development Committee, a resolution was introduced by Alderman Brenk, who moved its adoption, to not complete an Environmental Assessment Worksheet for Brainard Village.  The motion for the adoption of the resolution was seconded by Alderman Heltemes.  Upon Alderman Brenk’s request, Community Development Director Larry Remmen advised that the Community Development Committeefinds that due to its nature and location, the proposed Brainard Village Project will not have significant environmental effects and recommends that no Environmental Assessment Worksheet be completed.  Mayor Buboltz then called the question and the motion for the adoption of the resolution carried unanimously. 

              

            Upon the recommendations of the Planning Commission which were submitted to the 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 Section 20 of the Zoning Ordinance allowing Planned Unit Developments as a conditional use in the “R-3” District. 

 

Upon the recommendations of the Planning Commission which were submitted to the 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 Section 7 of the Zoning Ordinance relative to minimum lot size for two family dwellings in the “R-2” District.

 

            Pursuant to the recommendation of the Community Development Committee, a resolution was introduced by Alderman Brenk, who moved its adoption, requesting that the Becker Soil and Water Conservation District administer the Wetlands Conservation Act of 1991 within the City limits for 2005.  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 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 Brenk, seconded by Alderman Heltemes and carried, without a dissenting vote, approving the issuance of a variance to Lloyd and Leta Oberg allowing a two-foot addition to a roof/deck at 672 Shorewood Drive subject to the following conditions:

 

            1)         There is no addition to the residence that extends towards the Ordinary High Water Mark;

            2)         That the completed floor/deck be allowed a 2-foot extension and that the completed deck not exceed 10 feet by 26 feet;

            3)         That the impervious surface on the lot be reduced to 25%;

            4)         That an appropriate swale or 6 inch berm be constructed along the entire lot between the house and the Ordinary High Water Mark to control stormwater run-off;

            5)         That the owner provide a site plan showing the location of the swale/berm and the impervious surface to be removed and said site plan shall be approved by the Planning Commission prior to the issuance of a building permit; and

            6)         That the owner obtain a permit from the Pelican River Watershed District prior to issuance of a building permit.

 

            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, approving the final plat of Brackett Estates in the City’s two mile extraterritorial area, subject to the following conditions:

 

1)                  That the Developer obtain the required permit from the Pelican River Watershed District ; and

2)                  That, pursuant to the Park Board’s recommendation, the Park Dedication will be cash with the understanding that the lots will not be further divided.

           

                        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 Brenk, who moved its adoption, approving the final plat of Stonebrooke Villas Second Addition.  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.

 

                        Mayor Buboltz requested that the Park Board give further consideration to developing a Park Dedication Funds Policy.  Alderman Hoeglund suggested that the policy include that if the Park Dedication Funds are not used in a period of time, they should be returned to the Developer.

 

                        Pursuant to the Street Commissioner obtaining quotes for replacement of the roof on the Street Department Shop, the following quote were received on December 2, 2004:

 

 

 

 

                        BIDDER                                                                      BID AMOUNT

 

                        R.A. Bristlin & Son, Inc.                                               $46,955.00

                        P.O. Box 1174

                        Detroit Lakes, MN   56502

 

                        Olaf Anderson & Son Construction Co.                          60,186.00

                        333 7th Avenue NW

                        Fargo, ND   58102

 

                        Bob Bristlin & Son Construction Co.                              75,919.00

                        P.O. Box 148

                        Detroit Lakes, MN   56502

 

                        Upon the recommendation of the Street and Park Committee, a motion was made by Alderman Tollefson and carried, without a dissenting vote, to accept the bid of R.A. Bristlin & Son, Inc., in the amount of $46,955.00, for replacement of the roof on the Street Department Shop, such funds to be taken from the Liquor Fund.

 

                        Pursuant to the Street and Park Committee, a motion was made by Alderman Heltemes, seconded by Alderman Tollefson and carried, without a dissenting vote, to authorize the purchase of a 2005 truck from the State Contract, in the amount of $74,781.00, for the Street Department.

 

                        Pursuant to the Street Commissioner obtaining quotes for hydraulic box/hoist and underbody for the new truck, the following quotes were received:

 

                        BIDDER                                                                      BID AMOUNT

 

                        Bert’s Truck Equipment                                                $48,021.00

                        3804 Highway #75 North

                        Moorhead, MN   56560

 

                        Sanitation Products, Inc.                                               55,228.06

                        1402 41st Street NW                                                   

                        Fargo, ND   58107

 

            Upon the recommendation of the Street Commissioner and the Street and Park Committee, a motion was made by Alderman Heltemes, seconded by Alderman Tollefson and carried with one abstention (Imholte), to accept the bid of Bert’s Truck Equipment, Moorhead, Minnesota, in the amount of $48,021.00, for a hydraulic box/hoist and stainless steel underbody for the new truck.

 

                        Pursuant to the Street Commissioner obtaining quotes for snow plow equipment, the following quotes were received:

 

                        BIDDER                                                                      BID AMOUNT

 

                        Bert’s Truck Equipment                                                $21,240.00

                        3804 Highway 75 North

                        Moorhead, MN   56560

 

                        Sanitation Products, Inc.                                                 22,329.00

                        1402 41st Street NW

                        Fargo, ND   58107     

 

            Upon the recommendation of the Street and Park Committee, a motion was made

            Heltemes, seconded by Alderman Aune and carried, with one abstention (Imholte), to accept the quote of Bert’s Truck Equipment, Moorhead, Minnesota, in the amount of $21,240.00, for snow plow equipment for the new Street Department truck.

 

                        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 approve specifications and authorize calling for bids for a new or low-hour used motor grader, such bids to be opened December 29, 2004, at 10:00 A.M.  Street Commissioner Roy Estes advised the Council that a 1976 motor grader will be traded in or sold.

 

                        Pursuant to the recommendation of the Street and Park Committee, a motion was made by Alderman Anderson, seconded by Alderman Ness and carried, without a dissenting vote, approving the issuance of a vehicle for hire for 2005 to Christopher Limmer dba Town and Country Taxi, pursuant to his application and fee.

 

                        Upon the recommendation of the Finance Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, amending the City’s Special Assessment Policy for developers effective January 1, 2005, as follows:

 

            Undeveloped Property:  The City shall require the developer, owner, or subdivider of any undeveloped property within the City’s corporate limits desiring           to install street, curb and gutter, sidewalk, sanitary sewer or watermain             improvements to prepay a portion of the cost for installation of these services as follows:

1.      Upon written request by a developer, the Council shall give consideration to the preparation of a feasibility report to determine the feasibility of construction for the desired improvements. The developer will provide a plan and other such information, as the Council requires, to make a decision on the request.  The plan shall be limited to 20 lots per development area.

 

2.      Based upon the total estimated cost of the improvement contained in the engineer’s estimate, a prepaid assessment in the amount of 10% of the assessable cost shall be prepaid by the developer prior to preparation of plans and specifications and calling for bids.

 

3.       The developer and or the property owner are required to sign a Developer’s Agreement and Consent to Assessment Agreement prior to awarding a contract.  If the project is not developed, the City will retain the 10% prepaid assessment as compensation to cover the City’s engineering and miscellaneous costs.

 

4.      The Assessment Period under this policy shall be for a maximum of twenty (20) years.

 

5.      After completion of an improvement, assessments on undeveloped property shall be applied as follows:

 

A.     After 3 years one-third of the assessable costs, after deducting the prepaid assessment, shall be assessed over the remaining 20-year period;

B.     After 5 years, another one-third of the special assessments shall be assessed over the remaining 20-year period; and

C.     After seven years, the remaining one-third of the special assessments shall be assessed over the remaining 20-year period.

6.      Developed property shall be defined where construction of a principle dwelling has progressed to the point where footings and foundations have been completed.

 

7.      100% of the assessments shall be assessed over the remaining 20-year period following the year a lot is sold by the developer to another party or entity or the lot is developed.

 

8.      The improvements of additional undeveloped lots shall not be granted until 50% of the existing platted lots are developed or assessed.

 

                        9.    Any developer that has made application for preliminary plat approval prior to December 7, 2004, may still be assessed at the previous rate of 5% down with 50% of the remaining assessment deferred for five years and 50% deferred for ten years.

      

            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, amending the rate for storm water utility charges effective January 1, 2005, as follows:

 

                        Basic System Rate:                               $  6.09/month

                        Maximum Charge                                 The greater of 20% of the calculated

                                                                                    charge or $128.00/month

                        Minimum Charge                                       2.01/month

           

            The motion for the adoption of the resolution was seconded by Alderman Imholte and carried without a dissenting vote.  The Mayor declared the resolution adopted.

 

            Pursuant to the recommendation of the Finance Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, approving miscellaneous purchases from Detroit Lakes Newspapers for the Year 2005 pursuant to provisions of Minnesota Statutes 471.87-89.  The motion for the adoption of the resolution was seconded by Alderman Ness and carried with one abstention (Aune).  Mayor Buboltz declared the resolution adopted.

 

Upon the recommendation of the Finance Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, approving miscellaneous purchases from Detroit Paint and Glass for the Year 2005 pursuant to provisions of Minnesota Statutes 471.87-89.  The motion for the adoption of the resolution was seconded by Alderman Ness and carried with one abstention (Brenk).  Mayor Buboltz declared the resolution adopted.

 

Upon the recommendation of the Finance Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, designating the Detroit Lakes Tribune and Becker County Record as the official newspapers for the City’s 2005 legal publications with publishing days of Wednesday, and Sunday.  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 Finance Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, designating Bremer Bank and Trust, First Security State Bank, American National Bank of Minnesota, Gardner Financial Services, Edward D. Jones, Wells Fargo Bank Mn., Wells Fargo Investment Services, Midwest Bank, Raymond James Financial Services and the League of Minnesota Cities 4M Fund as depositories for City funds for the Year 2005.  The motion for the adoption of the resolution was seconded by Alderman Ness and carried without a dissenting vote.  Mayor Buboltz declared the resolution adopted.       

 

      Pursuant to the request of the Becker County Sheriff’s Auxiliary and upon the recommendation of the Public Safety Committee, a motion was made by Alderman Imholte, seconded by Alderman Tollefson and carried, without a dissenting vote, to approve a payment to the Becker County Sheriff’s Auxiliary in the amount of $1,000.00 to help defray the cost of personal body armor for each officer member.

      Upon Alderman Imholte’s request, Police Chief Kelvin Keena informed the Council that unannounced tobacco sales compliance checks were completed and none of the twenty-nine establishments licensed to sell tobacco in the City sold tobacco to the juvenile employed to conduct the checks. The Council was given a copy of the thank you letter that was sent to each one of these establishments by the Police Chief.

      Upon the recommendation of the Public Safety Committee, a resolution was introduced by Alderman Imholte, who moved its adoption, authorizing the Detroit Lakes Police Department to enter into a grant agreement with the Minnesota Department of Public Safety, Office of Traffic Safety, for the Safe and Sober Communities Project for the period October 1, 2004, through September 30, 2005.  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.

 

      Pursuant to 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, approving the gambling applications submitted by Lake Region Builders Association for raffles to be conducted at the Freeman Arena on March 20, 2004, and by Lakes Area Ladies Ducks Unlimited Chapter for gambling at the Shorewood Pub on January 24, 2004.

      Pursuant to the advertisement for bids on construction and testing of Production Well 4, the following bids were received and opened at 2:00 P.M., November 29, 2004:

      BIDDER                                                          BID AMOUNT

      LTP Enterprises, Inc.                                        $ 99,825.00

      P.O. Box 9035

      Fargo, North Dakota   58106

 

      Mark J. Traut Wells, Inc.                                  111,680.00

      141 28th Avenue South

      Waite Park, Minnesota   56387

 

      Lako Drilling, Inc.                                             277,442.00

      325 County Road 34

      Arthur, North Dakota   58006

 

Upon the recommendation of the Public Utilities Committee, a motion was made by Alderman Aune, seconded by Alderman Ness and carried, without a dissenting vote, awarding the contract to LTP Enterprises, Inc., in the amount of $99,825.00, for construction and testing of Water Production Well 4.

 

Pursuant to the recommendation of the Public Utilities Committee, a motion was made by Alderman Aune, seconded by Alderman Ness and carried, without a dissenting vote, approving completion of the contract and final payment of $44,520.00 to the Harold K. Scholz Company for furnishing of substation switchgear and control panels.

 

Upon the recommendation of the Public Utilities Committee, a motion was made by Alderman Aune, seconded by Alderman Tollefson and carried, without a dissenting vote, approving an agreement between the City of Detroit Lakes and Missouri River Energy Services (MRES) to be Market Participant representing the City of Detroit Lakes in a newly required bid-based energy market scheduled to begin March 1, 2005, through the Midwest Independent Transmission System Operator.

 

Pursuant to the recommendation of the Mayor, a motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting vote, appointing Duane Erickson to another three-year term on the Detroit Lakes Planning Commission effective January 1, 2005.

 

      Upon the recommendation of the Mayor, a motion was made by Alderman Aune, seconded by Alderman Heltemes and carried, without a dissenting vote, appointing Karen Skoyles to the Park Board for a three-year term effective March 1, 2005.

 

      A motion was made by Alderman Brenk, seconded by Alderman Heltemes and carried, without a dissenting vote, authorizing interested Council Members to attend the League of Minnesota Cities Leadership Conference for Newly Elected Officials or the Leadership Conference for Experienced Officials.

 

The Council acknowledged receipt of $114.94 from the Hildred Long Trust to be used for City beautification purposes.

 

A motion was made by Alderman Anderson, seconded by Alderman Ness and carried, without a dissenting vote, that building permits for the month of November, 2004, in the estimated construction value of $1,174,299.00, 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 Anderson, seconded by Alderman Ness 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 $1,893,419.02 as of  November 30, 2004, be accepted, approved and placed on file.

Upon 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 November 4, 2004, through December 7, 2004, in the amount of $1,991,545.20.  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.

 

A motion was made by Alderman Anderson, seconded by Alderman Ness and carried, without a dissenting vote, that the County Court Report for October, 2004, Chief of Police Reports, Fire Chief’s Report for November and December, 2004, 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.

 

There being no further business to conduct, by general consent, the Mayor adjourned the meeting.  (6:45 P.M.)                  

 

                                                                  Respectfully submitted,

                                                                 

 

                                                                  Lynne Krieger                                                                                                                                                              Asst. City Administrator