Government/Council Minutes

Detroit Lakes, Minnesota

January 3, 2006

The regular and annual meeting of the City Council was called to order in the Council Chambers of the City Administration Building at 5:00 P.M., Tuesday, January 3, 2006, all members of the Council having been duly notified of the meeting and the business to be transacted.

Present: Mayor Larry G. Buboltz; Charles Ramstad of the City Attorney’s Office; City Administrator Richard Grabow; 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, Hannon Heltemes, Imholte, Tucker, Tollefson and Zeman.

Absent: City Attorney William Briggs.

There being no corrections or additions to the minutes of the regular Council Meeting held December 6, 2005, the Mayor declared that they would stand approved according to copies of same sent to each member of the Council.

Mayor Buboltz continued the hearing from the December 6, 2005, City Council Meeting, relative to the request to transfer the Becker, Inc’s liquor licenses to Becker Sports Bar, Inc. dba The Becker, 917 Washington Avenue. City Administrator Richard Grabow informed the Council that Lincoln McArthur, the Becker Inc., has requested renewal of his on-sale intoxicating liquor and Sunday on-sale intoxicating liquor licenses for 2006. Mr. Grabow further explained that the new owners will operate on Mr. McArthur’s licenses until they are in a position to transfer these licenses. Mayor Buboltz then closed the hearing at 5:10 P.M. and reconvened the regular Council Meeting.

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, to approve the renewal of the Becker, Inc.’s on-sale intoxicating liquor and Sunday on-sale intoxicating liquor licenses for 2006, contingent upon receiving the necessary liquor liability insurance documents.

Pursuant to the recommendation of the Community Development Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, outlining the findings of the City Council relative to determining that an Environmental Impact Statement was not required for the November 30, 2005, revised project proposal for the River Hills RV Park. The motion for the adoption of the resolution was seconded by Alderman Brenk. Mayor Buboltz advised that the DNR, the Pelican River Watershed District, the developers, the Becker Soil and Water District and City staff met and based on concerns, the developers agreed to not use one of the drainage areas for a docking area and also a 25-foot easement would be given to the Pelican River Watershed District relative to the land along the Pelican River with the exception of the tram area. He further explained that there was one other item that was agreed upon and that was reduction of the number of docks and boat slips. Bob Merritt, Area Hydrologist from the DNR, appeared before the Council and stressed that there is not a guarantee that two docks will be permitted. Patrick Kinney, attorney representing Lake View Township, outlined the concerns the he and township representatives had in relation to the findings that were in the resolution. Charles Ramstad stressed that all of the proposed findings listed in the resolution were based on information that was in the record as of December 6, 2005. Mr. Merritt disagreed with Mr. Ramstad in terms of the ordinary high watermark and wetlands indemnification. There being no further comments, Mayor Buboltz called the question and the motion for the adoption of the resolution carried unanimously.

Upon the recommendation of the Community Development Committee, a motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting vote, introducing for its second reading Ordinance No. 283, an ordinance rezoning 1710 Highway 10 East from “R-2” One and Two Family Residence District to “B-3” Auto Oriented Business District.

Pursuant to the recommendation of the Community Development Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, decertifying Tax Increment Financing District 15-1/AmericInn. 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.

The Council acknowledged receipt of the 2005 ten-year building permit report and ordered it placed on file.

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 enter into MnDOT Agreement No. 89090-R providing for the payment by the City on their share of the costs of the railroad grading, drainage, utilities, retaining walls and bridges relative to the Trunk Highway No. 10 Realignment Project. 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 recommendation of the Street and Park Committee, a motion was made by Alderman Imholte, seconded by Alderman Hannon and carried, without a dissenting vote, approving the request of the American Legion to extend their Club House Lease Agreement to March 31, 2010.

Upon the recommendation of the Street and Park Committee, a motion was made by Alderman Imholte, seconded by Alderman Heltemes and carried, without a dissenting vote, approving the issuance of a fertilizer license to Peplawn, Inc., for 2006, pursuant to their application and $25.00 fee.

Pursuant to the recommendation of the Street and Park Committee, a motion was made by Alderman Imholte, seconded by Alderman Heltemes and carried, without a dissenting vote, to approve the issuance of a license to operate vehicles for hire for Lakes Taxi for 2006, pursuant to their application and $75.00 fee.

Upon the recommendation of the Street and Park Committee, a motion was made by Alderman Imholte, seconded by Alderman Heltemes and carried, without a dissenting vote, to approve the issuance of a solid waste hauler’s license to Beverage Wholesalers, Inc., dba Minnkota Recycling and Waste Management of Detroit Lakes for 2006, pursuant to their application and $200.00 fee.

Upon the recommendation of the Finance Committee, a motion was made by Alderman Brenk, seconded by Alderman Imholte and carried, without a dissenting vote, authorizing the City to enter into an Employee Assistant Program Agreement with Lakeland Mental Health for 2006.

Upon the recommendation of the Finance Committee, a resolution was introduced by Alderman Brenk, who moved its adoption, authorizing the City Administrator to execute an agreement with the League of Minnesota Cities Insurance Trust selecting the 2006 Workers’ Compensation Retrospectively Rated Premium with a Retro-Rated Factor (Option 1). 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 the recommendation of the Finance Committee, a resolution was introduced by Alderman Brenk, who moved its adoption, to not waive the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. 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 Park Board and Finance Committee, a motion was made by Alderman Brenk, seconded by Alderman Imholte and carried, without a dissenting vote, to allocate $7,500.00 from the Park Dedication Fund to help purchase playground equipment for the Boys and Girls Club.

Pursuant to the recommendation of the Finance Committee, a motion was made by Alderman Imholte, seconded by Alderman Heltemes and carried, without a dissenting vote, accepting the work and authorizing final payment to Lakes Paving, Inc., in the amount of $2,658.50, for the 2005 Taxiway Expansion at the Detroit Lakes Airport.

Pursuant to the request of the Detroit Lakes Lions Club and upon the recom-mendation of the Public Safety Committee, a motion was made by Alderman Heltemes, seconded by Alderman Hannon and carried, without a dissenting vote, to return the Lions Club donation of $5,000.00 which was to be used for a City siren warning system due to the fact that, through the budget system, not enough money was raised and instructed City staff to send letters to other donors to see what they wish to do with their donations.

Upon the request of the Police Chief and the recommendation of the Public Safety Committee, a motion was made by Alderman Heltemes, seconded by Alderman Tollefson and carried, without a dissenting vote, authorizing disposal of excess computer Equipment at the Police Department if the Boys and Girls Club cannot use it.

Pursuant to the recommendation of the Public Safety Committee, a motion was made by Alderman Imholte, seconded by Alderman Heltemes and carried, without a dissenting vote, approving issuance of a pawnbroker’s license for Lakes Sport Shop, pursuant to their application and $120.00 fee.

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 the Fire Department Slate of Officers for 2006.

Pursuant to the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Aune, seconded by Alderman Hannon and carried, without a dissenting vote, authorizing the donation of $100.00 to the Detroit Lakes Regional Chamber of Commerce, from the Liquor Fund, for the Festival of Birds being held on May 18-21, 2006.

Upon the recommendation of the Public Utilities Committee, a resolution was introduced by Alderman Tollefson, who moved its adoption, approving Amendment No. 4 to the Missouri Basin Municipal Power Sale Agreement (S-1). 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 Utilities Committee, a motion was made by Alderman Imholte, seconded by Alderman Heltemes and carried, without a dissenting vote, accepting the work and authorizing final payment to LTP Enterprises, Inc., in the amount of $20,353.70, for construction and testing of Well No. 4.

In accordance with the Home Rule Charter of the City of Detroit Lakes, Mayor Buboltz called for nominations for the Office of Vice Mayor for 2006. The name of Alderman Matt Brenk was submitted for consideration as Vice Mayor. The motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting vote, that the nominations be closed and the City Administrator be instructed to cast an unanimous vote for Alderman Matt Brenk as Vice Mayor for the Year 2006.

Upon the recommendation of Mayor Buboltz, a motion was made by Alderman Brenk, seconded by Alderman Anderson and carried, with one abstention (Imholte), appointing Ginny Imholte, Roger Josephson, Cyndi Anderson and Steve Lund to the Planning Commission, for a three-year period, effective January 1, 2006.

Pursuant to the recommendation of the Mayor, a motion was made by Alderman Anderson, seconded by Alderman Imholte and carried, without a dissenting vote, appointing Dan Wenner, Jamie Marks Erickson and Lori Thompson to a three-year term on the Park Board effective March 1, 2006.

Upon the recommendation of Mayor Buboltz, a motion was made by Alderman Aune, seconded by Alderman Imholte and carried, without a dissenting vote, appointing Dixie Johnson to another three-year term on the Public Utilities Commission effective March 1, 2006.

Pursuant to the recommendation of the Mayor, a motion was made by Alderman Brenk, seconded by Alderman Anderson and carried, without a dissenting vote, appointing Ron Paskey and Scott Mehlhaff to a three-year term on the Detroit Lakes Tourism Bureau effective April 1, 2006.

A motion was made by Alderman Imholte, seconded by Alderman Heltemes and carried, without a dissenting vote, approving the issuance of the following plumbing licenses for the Year 2006, pursuant to their applications, compliance bonds and $25.00 fee:

Gustav Weber dba Gus’s Plumbing, Detroit Lakes

Thomas Campbell dba Modern Heating and Plumbing, Detroit Lakes

Joseph Esser dba Esser Plumbing, Perham

John Bruhn dba Bruhn Plumbing Company, Vergas

Gene Petermann dba Petermann Plumbing and Heating, West Fargo

Corley Benson, dba Grnat’s Mechanical, Fargo

Dennis Mois dba Hank’s Heating, Detroit Lakes

David Kahle dba Kahle Plumbing and Heating, Detroit Lakes

Greg Wokasch dba Wokasch Plumbing, Frazee

Merl Johnson dba Merl L. Johnson Plumbing, Detroit Lakes

Walter R. Leckner dba Knapp Grover, Inc., Park Rapids

Mark Green dba Green’s Plumbing and Heating, Detroit Lakes

Todd Srur dba G & T Plumbing and Heating, Inc., Fargo

Dale Parr dba Home Heating, Air-Conditioning and Plumbing, Fargo

Craig Kotte dba Kotte Plumbing and Heating, Pelican Rapids

The motion was made by Alderman Imholte, seconded by Alderman Heltemes and carried, without a dissenting vote, approving the issuance of a cigarette license for one year, to Murphy Oil USA, Inc., 1557 Highway 10 West, pursuant to their application and $100.00 fee.

A motion was made by Alderman Imholte, 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 $1,782,690.21 as of December 31, 2005, be accepted, approved and placed on file.

Pursuant to the recommendation of the Finance Committee, a resolution was introduced by Alderman Imholte, who moved its adoption, approving the payment of claims paid by proper authorization covering the period December 7, 2005, through January 3, 2006, in the amount of $3,770,810.15. 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 Imholte, seconded by Alderman Heltemes and carried, without a dissenting vote, that the County Court Report for November, 2005, Chief of Police Reports, Fire Chief’s Report, Liquor Store Manager’s Report and parking violations report be approved and placed on file.

Upon the recommendation of the Public Safety Committee, a motion was made by Alderman Brenk, seconded by Alderman Hannon and carried, without a dissenting vote, authorizing entering into a grant agreement with the Minnesota Department of Natural Resources, in the amount of $4,000.00, for purchase of Fire Department Equipment.

A motion was made by Alderman Brenk, seconded by Alderman Anderson and carried, without a dissenting vote, approving the issuance of a cigarette license for one year for Shirley Cervenka, dba the Shorewood Pub, pursuant to her application and $100.00 fee.

Upon the recommendation of the Street and Park Committee, a motion was made by Alderman Anderson, seconded by Alderman Brenk and carried, without a dissenting vote, to approve the issuance of a solid waste hauler’s license to Jon and Sons Disposal Service, LLC, for 2006, pursuant to their application and $200.00 fee.

A motion was made by Alderman Brenk, seconded by Alderman Hannon and carried, without a dissenting vote, approving the issuance of a fertilizer license to Gary Edlund, Barefoot Lawns for 2006, pursuant to his application and $25.00 fee.

A motion was made by Alderman Brenk, seconded by Alderman Aune and carried, without a dissenting vote, approving the issuance of plumbing licenses for 2006, to the following:

Peterson Mechanical, Inc.

Hanson’s Plumbing and Heating

Ellington Plumbing, Heating and Air Conditioning

Clarence Bjelde dba Bjelde Plumbing

Rodsforth Plumbing Company

Manning Mechanical

Swanson Plumbing Heating and Repair, Inc.

Mayor Buboltz addressed the Council, staff and audience noting that overall the City of Detroit Lakes is in excellent shape and outlined reasons for his observation:

1) The City is financially solid (A-2 Rating);

2) The City has a dynamic forward looking budget;

3) Four Annexations in 2005 and 13 subdevelopments;

4) Balanced growth;

5) Industrial development;

6) New retail businesses;

7) Tourism (adding new motel);

8) More houses were built in 2005 than every built;

9) Sucker Creek Preserve;

10) Second largest year ever in terms of construction projects;

11) Infrastructure improvements

12) Purchased additional utility areas; and

13) Built new well.

After Mayor Buboltz thanked the City staff, advisory board, City Council and business community, he listed several goals for 2006:

1) Continue with the Highway 10 Realignment Project;

2) Finish Long Lake Projects;

3) Look at building another spec. building;

4) Consider a Convention Center in a year or two;

5) Multi Purpose Trail – Detroit Lakes to Park Rapids (Request for

Bonding Bill); and

6) Work with Senator Collin Peterson on Highway 10 projects.

There being no further business to conduct, Mayor Buboltz, by general consent, adjourned the meeting. (6:05 P.M.)

Respectfully submitted,

Lynne Krieger

Asst. City Administrator