Detroit Lakes, Minnesota
January 12, 2010
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, January 12, 2010; all members of the City Council having been notified of the meeting and business to be transacted.
Present: Mayor Matt Brenk; City Attorney
William Briggs; City Administrator Robert Louiseau; Assistant City Administrator
Lynne Krieger; Finance Officer Louis Guzek; Community Development Director Larry
Remmen;
Public Utilities Superintendent Curt Punt; City Engineer Jon Pratt; Police Chief
Kelvin Keena, Building Official Calvin Mayfield, Jr., and Fire Chief
Jeffrey Swanson.
Aldermen: Anderson, Aune, Heltemes, Imholte, Marks Erickson, Sukke, Tollefson, Tucker and Zeman.
Absent: Liquor Store Manager Bradley MacMaster.
There being no correction or additions to the minutes of the regular City Council Meeting held December 8, 2009, and the special meeting of the City Council held December 18, 2009; the Mayor declared that they would stand approved according to copies of same sent to each member of the Council.
Police Chief Kelvin Keena, Becker County Sheriff Tim Gordon and Captain Bruce Hentges of the Minnesota State Patrol read a letter that was submitted to the American Towman Magazine by Chief Keena nominating Mike Smith, Lakes Country Towing for the “Order of the Towman” Award. Chief Keena informed the Council and audience that Mr. Smith was selected to receive the award but was unable to attend the ceremony in Baltimore, Maryland. Upon the request of Chief Keena Mayor Brenk administered the oath of the American Towman and Mike Smith’s wife, Julie, pinned the award on him.
Upon the recommendation of the Park Board and Public Works Department, a motion was made by Alderman Aune, seconded by Alderman Zeman and carried, without a dissenting vote, approving land in the Crescent Area for the Veteran’s Memorial Park and authorized appropriation of $2,500.00 from the Liquor Fund to be used for the final design pursuant to the concepts of the Business Corridor Redevelopment Plan. George Peters appeared before the Council and thanked the Veteran’s Memorial Committee members and City Administrator Louiseau, Public Works Director Brad Green and Community Development Director Larry Remmen. Don Schattschneider advised the Council that the Veterans have already raised $37,000.00 for the Park.
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 Aune, seconded by Alderman Anderson and carried, without a dissenting vote, authorizing the issuance of a variance to Dennis and Janice Gabriel allowing construction of a 40’ x 32’ garage at 520 South Shore Drive, subject to the following conditions:
1) That the garage be setback 29 feet from the front lot line and 45 feet from the ordinary high water mark;
2) That the lots be combined into one tax parcel; and
3) That the property not exceed 25% impervious surface coverage.
Alderman Aune, Chairman of the Community Development Committee, advised that the request of Tom Hanson for expansion of the operations at Zorbaz had been referred to the Planning Commission. Mayor Brenk set a special City Council Meeting for February 1, 2010, to give consideration to the Planning Commission’s recommendations relative to the request since Mr. Hanson would not be able to attend the regular Council Meeting in February.
Upon the recommendation of the Community Development Committee, a resolution was introduced by Alderman Aune, who moved its adoption, approving the Administrative Amendment to the Tax Increment Financing Plan for Tax Increment Financing District No. 28-1 and Tax Increment Financing District No. 29-1 to reflect the correct statutory language. The motion for the adoption of the resolution was seconded by Alderman Anderson and carried without a dissenting vote. Mayor Brenk declared the resolution adopted.
Pursuant to the recommendation of the Community Development Committee, a motion was made by Alderman Aune, seconded by Alderman Zeman and carried, without a dissenting vote, authorizing the Mayor to sign the Award Agreement relative to the EDA Grant for the addition of the Detroit Lakes North Industrial Park.
Upon the recommendation of the Public Works Committee, a motion was made by Alderman Heltemes, seconded by Alderman Tollefson and carried, without a dissenting vote, introducing for its second reading and adoption Ordinance No. 339 amending Section 502.07, Subd. 1, 2 and 3 of the City Code relative to impounding feral cats.
Pursuant to the recommendation of the Public Works Committee, a resolution was introduced by Alderman Imholte, who moved its adoption, amending Section 210 of the City Code establishing a dog/cat owner’s repeat offender fine for their dogs/cats running at large as follows:
Impounding Fees – Dog/Cat
First Offense $10.00 fine + board to redeem dog or cat
Second Offense - $ 50.00 fine + board to redeem dog or cat
Three or More Offenses -$100.00 fine each + board to redeem dog or cat
The motion for the adoption of the resolution was seconded by Alderman Imholte and carried without a dissenting vote. The Mayor declared the resolution adopted.
Upon the recommendation of the Public Works Committee, a motion was made by Alderman Heltemes, seconded by Alderman Imholte and carried, without a dissenting vote, authorizing the closing of West Lake Drive, from Lake Avenue to Minnesota Avenue, during the Polar Plunge on February 13, 2010, from 11:00 A.M. to 2:00 P.M.
Pursuant to the recommendation of the Public Works Committee, a motion was made by Alderman Sukke, seconded by Alderman Zeman and carried, without a dissenting vote, approving the issuance of solid waste hauler’s licenses to Jon and Sons Disposal Service, Minnkota Recycling Center and Metro Disposal for 2010.
Upon the recommendation of the Public Works Committee, a motion was made by Alderman Sukke, seconded by Alderman Zeman and carried, without a dissenting vote, approving the issuance of commercial fertilizer applicator licenses to Luxury Landscaping, Peplawn, Inc., Midwest Green, Inc., Hometown Boys Lawn Service and R.U. Ready Lawn Care for 2010.
Upon the recommendation of the Finance Committee, a resolution was introduced by Alderman Imholte, who moved its adoption, accepting the offer of the Minnesota Public Facilities Authority to purchase a $2,100,745.00 General Obligation Water Revenue Note, Series 2010, providing for its issuance and authorizing execution of Project Loan Agreement relative to the rehabilitation of the Water Treatment Plant. The motion for the adoption of the resolution was seconded by Alderman Zeman. Upon the inquiry of Alderman Zeman, Public Utilities Superintendent Curt Punt advised that with the improvements to the plants, capacity would be increased to serve 12,000 to 14,000 people. With proper maintenance, the improvements are expected to be in service for 20 or more years. Upon Alderman Tucker’s inquiry, Mr. Punt advised that when the Swift Plant was running, approximately 2,000,000 gallons per day were used. There being no further questions, Mayor Brenk called the question and the motion for the adoption of the resolution was carried. The Mayor declared the resolution adopted.
Pursuant to the recommendation of the Finance Committee, a resolution was introduced by Alderman Imholte, who moved its adoption, authorizing the execution of an agreement concerning the 2010 Worker’s Compensation Retrospectively Rated Premium with the League of Minnesota Cities Insurance Trust. The motion for the adoption of the resolution was seconded by Alderman Tollefson and carried without a dissenting vote. Mayor Brenk declared the resolution adopted.
Upon the recommendation of the Finance Committee, a resolution was introduced by Alderman Imholte, who moved its adoption, to not waive momentary limits on municipal tort liability established by Minnesota Statutes 466.04. The motion for the adoption of the resolution was seconded by Alderman Anderson and carried without a dissenting vote. Mayor Brenk declared the resolution adopted.
Pursuant to the recommendation of the Finance Committee, a motion was made by Alderman Sukke, seconded by Alderman Zeman and carried, without a dissenting vote, accepting the work and authorizing final payment to Feldt Plumbing LP, in the amount of $10,122.00, for the stormwater basic expansion on Holmes Street.
Upon the recommendation of the Finance Committee, a motion was made by Alderman Imholte, seconded by Alderman Tollefson and carried, without a dissenting vote, accepting the work and authorizing final payment to Srock Construction, Alexandria, Minnesota, in the amount of $198,114.10, for final payment the hangar building improvements at the Detroit Lakes Airport.
Upon the recommendation of the Public Works Committee, a motion was made by Alderman Heltemes, seconded by Alderman Marks Erickson to approve the issuance of permits allowing Jody Mitchell, 1315 Lake Avenue, to have three dogs, Donna Overby, 1510 Lynn Avenue, to have four dogs, Cindy Marihart, 1619 Long Bridge Road, to have five dogs and Craig Saxlund, 602 Homestead Street, to have three dogs. Alderman Heltemes expressed concern about allowing residents to have too many animals in a confined space and in a residential area. Alderman Zeman would like to see this item discussed in the future. Mayor Brenk then called the question and the motion carried unanimously.
Pursuant to the recommendation of the Public Safety Committee, a motion was made by Alderman Tollefson, seconded by Alderman Aune and carried, without a dissenting vote, introducing for its second reading and adoption Ordinance No. 340, an ordinance amending Section 505.031, Subdivision 4, of the City Code relative to days and times for a noise permit.
Upon the recommendation of the Public Safety Committee, a motion was made by Alderman Sukke, seconded by Alderman Zeman and carried, without a dissenting vote, approving the issuance of a pawnbroker’s license to Lakes Sport Shop for 2010.
Pursuant to the recommendation of the Public Safety Committee, a motion was made by Alderman Tollefson, seconded by Alderman Aune and carried, without a dissenting vote, authorizing the issuance of a vehicle for hire license for D.L. Transportation for 2010.
Upon the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Sukke, seconded by Alderman Zeman and carried, without a dissenting vote, approving the following gambling applications:
1) Holmes Center, Inc. allowing them to conduct a raffle at the Detroit
Lakes Community and Cultural Center on February 5, 2010; and
2) Lakes Figure Skating Club for a raffle at the Kent Freeman Sports
Arena on February 28, 2010.
Pursuant to the request of the Knights of Columbus and the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Tucker, seconded by Alderman Sukke and carried, without a dissenting vote, to authorize a donation of $100 to be taken from the Liquor Fund to send area students to the Jose Cole Circus on April 5, 2010.
Upon the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Tucker, seconded by Alderman Heltemes and carried, without a dissenting vote, approving the following gambling applications:
1) Shrine Color Guard for gambling at The Detroit Club; and
2) Minnesota Flyers for gambling at El Metate and Shorewood Pub.
Pursuant to the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Tucker, seconded by Alderman Marks Erickson and carried, without a dissenting vote, approving the issuance of a temporary on-sale intoxicating liquor license to the Detroit Lakes Jaycees allowing them to sell liquor on Little Detroit Lake by Lakeside Tavern relative to the Polar Plunge on February 13, 2010.
A motion was made by Alderman Sukke, seconded by Alderman Zeman and carried, without a dissenting vote, approving the issuance of plumbing licenses for 2010, pursuant to their application, compliance bond and fee:
Michael Peterson dba Peterson Mechanical, Fargo;
William Arndt dba El-Jay Plumbing, St. Cloud;
Corley Benson dba Grants Mechanical, Fargo;
Merl Johnson dba Johnson Plumbing LLC, Detroit Lakes
Raymond Larson dba Laney’s Mechanical, Inc., Detroit Lakes;
Jayme Aure dba Custom Aire, Inc., Grand Forks;
Paul Ripplinger dba Ripplinger Plumbing, Holdingford;
Dennis Mois dba Hank’s Heating, Detroit Lakes;
Randy J. Januszewski Plumbing, LLC, Perham;
Kevin Weigel dba Northern Plains Plumbing and Heating, Bismarck;
Mark Green dba Green’s Plumbing and Heating, Detroit Lakes;
Joe A. Glenz dba Glenz Plumbing, Inc., Detroit Lakes;
Scott Simpson dba Kotte’s Plumbing, Pelican Rapids;
David Gundersen dba Plumbers, Inc., Fergus Falls;
Clarence Bjelde dba Bjelde’s Plumbing, Detroit Lakes;
Rick Sonnenberg dba Sonnenberg Plumbing & Heating, Vergas;
Scott Johnson dba Manning Mechanical, Inc., Fargo;
Thomas Pavek dba Metropolitan Mechanical Contractors, Eden Praire;
Douglas Noska dba Noska Plumbing & Heating, Inc., Browerville;
Thomas Campbell dba Campbell Plumbing, Inc., Detroit Lakes
Seth A. Hanson dba Modern Heating and Plumbing, Inc., Detroit Lakes; and
Thomas J. Hills dba Ellingson Plumbing and Heating, Alexandria.
A motion was made by Alderman Sukke, seconded by Alderman Zeman and carried, without a dissenting vote, approving the issuance of cigarette licenses, for one year, to Holiday Stationstore #72, M & H Gas Station and Murphy’s Oil Corporation.
In accordance with the Home Rule Charter of the City of Detroit Lakes, Mayor Brenk called for nominations for the Office of Vice Mayor for 2010. The name of Alderman James Anderson was submitted for consideration as Vice Mayor. The motion was made by Alderman Tucker, seconded by Alderman Aune and carried, without a dissenting vote, that the nominations be closed and the City Administrator be instructed to cast a unanimous vote for Alderman James Anderson as Vice Mayor for the Year 2010.
Upon the recommendation of the Mayor, a motion was made by Alderman Anderson, seconded by Alderman Zeman and carried, without a dissenting vote, appointing Rhoda Hooper to the Lake Agassiz Regional Library Board for a 3-year term effective January 1, 2010.
A motion was made by Alderman Sukke, seconded by Alderman Zeman 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 $6,059,247.30 as of December 31, 2010, be accepted, approved and placed on file.
Pursuant to the recommendation of the Finance Committee, a resolution was introduced by Alderman Sukke, who moved its adoption, approving the payment of claims paid by proper authorization covering the period December 9, 2009, through January 12, 2010, in the amount of $3,840,330.69. 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.
The motion was made by Alderman Sukke, seconded by Alderman Zeman and carried, without a dissenting vote, that the County Court Report for November, 2009, 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.
Mayor Brenk listed the global recession, statewide record deficits and the reduction in the City’s Local Government Aid as some of the challenges that forced the City to make significant cuts to the budget and raise the levy. He acknowledged that he continues to be optimistic about the City. He stressed that, despite these challenges, the City continued to accomplish a great deal in 2009. He listed some of the accomplish- ments made in 2009. He advised that the City has practiced fiscal responsibility and most of the increase to our property tax base continues to be mitigated by expansion of our tax base both by internal growth and through annexation. He listed some of the areas that he believes the Council ought to continue working on in 2010:
1) Continue implementation of the Business Corridor Development Plan;
2) Continue working on methods to control and eradicate the flowering rush;
3) Explore the possibility of establishing a Citywide Cleanup Day;
4) Continue on developing ways to improve recycling within the City;
5) Implement the “Whistle Free” Zone;
6) Build the new North Industrial Park;
7) Look at revising the City Charter;
8) Work toward shared facilities and services with other governmental agencies and to collaborate wherever possible;
9) Continue working on the City’s Long Range Annexation Plan
10) Begin a study of the City’s Wastewater Treatment Facility and our future wastewater needs; and
11) Continue working on the City’s internal trail system and Heartland Trail System.
He stressed that the City needs to be proactive on redevelopment plans but was concerned that the present system of taxation , i.e. property taxes, and diminishing Local Government Aid is ultimately going to be inadequate to fund and accomplish the redevelopment projects within a reasonable time. The Mayor advised that in mid-February, he will call a special planning session of the entire City Council to discuss specific segments of the Business Corridor Redevelopment Plan, discuss the possibility of constructing a new Municipal Liquor Store and also discuss the issue of flowering rush and the quality of Detroit Lake. He asked City staff to prepare materials for review by the Council regarding potential new revenue streams to the City that could provide, through bonding, the funding for many of the projects such as the enactment of a local food, beverage and entertainment tax. He stressed the time has come in 2010 for the City Council, as elected officials of the City, to revisit the redevelopment goals, how quickly they want to accomplish them and how to fund them. He thanked the City Council for their support in 2009 and also their hard work and dedication to Detroit Lakes and also thanked City employees and Department Heads for a job well done in 2009 and looks forward to working with all of them in 2010. He wished, on behalf of the City Council and staff, all the citizens of Detroit Lakes a very happy and prosperous New Year.
There being no further business to conduct, by general consent, the Mayor adjourned the meeting (6:09 P.M.)
Respectfully submitted,
Lynne Krieger
Asst. City Administrator