Detroit Lakes, Minnesota

                                                                                                January 13, 2009

            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 13, 2009, all members of the City Council having been duly notified of the meeting and the 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; Public Works Director Bradley Green;  City Engineer Gary Nansen;
                                  Police Chief Kelvin Keena; Building Official Calvin Mayfield 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 corrections or additions to the minutes of the regular Council Meeting held December 9, 2008, and the special City Council Meeting held December 18, 2008, 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 that the Council would, at this present meeting, conduct a hearing for the purpose of hearing public comments on the proposed improvements for a portion of State Street, the Mayor called the hearing to order at 5:07 P.M.  City Engineer Gary Nansen reviewed the proposed improvements which would consist of complete reconstruction of the street, sidewalk, curb and gutter, sanitary sewer, watermain, service laterals and storm sewer in a one block area of State Street from Summit Avenue to Oak Grove Avenue in the estimated amount of $226,800.00.  He advised that of the total cost, $76,000.00 would be assessed and that a typical 50’ lot assessment would be $7,521.91 with a 100’ lot being assessed $13,170.91.  It was pointed out that special consideration should be given to fixing the curb and driveway by the Fire Hall because the fire trucks bottom out.  Alderman Zeman  expressed his concern about the market value of the homes in that area and the projected amount of the assessments and stressed that all property owners should be informed of their estimated assessment before the Council considers making the improvements.  Chris Tovson, Director of the Regional Chamber of Commerce, appeared before the Council and express concern relative to the cost of the proposed assessments and the Chamber’s tight budget.  Alderman Anderson spoke in favor of ordering plans and specifications so the project would be ready if the Council decides to order the improvement the Summer of 2009 or at a later date.  A resolution was introduced by Alderman Anderson, who moved its adoption, to order the preparation of plans and specifications for street and utility improvements on State Street, from Summit Avenue to Oak Grove Avenue.  The motion for the adoption of the resolution was seconded by Alderman Heltemes and carried without a dissenting vote.  The Mayor declared the resolution adopted.

            Pursuant to 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, approving the issuance of an eight-foot side yard and a nine-foot side yard variance to Tom Monson allowing construction of a 33-foot wide home at 1256 East Shore Drive subject to the property not exceeding the 25% impervious surface limitation.

            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 Zeman and carried, without a dissenting vote, authorizing the issuance of a variance to Mike Marcil allowing a 39-foot high sign instead of the allowable 32-foot high sign for Speak Easy at 1100 North Shore Drive provided the back side of the sign towards the south is not lighted. 

            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, that building permits for the month of December, 2008, in the estimated amount of $143,277.00, 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 motion was made by Alderman Heltemes, seconded by Alderman Tucker and carried, without a dissenting vote, authorizing the City Engineer to prepare plans and specifications for the expansion of the 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, approving the issuance of a permit to allow the property owner at 602 Homestead Street to have three dogs for 2009, pursuant to his application and $10.00 fee.

            Pursuant to the recommendation of the Public Works Committee, a motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting vote, approving the issuance of 2009 licenses to operate vehicles for hire for DL Taxi Service and Becker County Transit, pursuant to their applications and fees.

            Upon the recommendation of the Public Works Committee, a motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting vote, approving the issuance of a fertilizer license for KJ Lawn and Landscaping for 2009, pursuant to their application and $25.00 fee.

            Pursuant to the recommendation of the Public Works Committee, a motion was made by Alderman Anderson, seconded by Alderman Zeman and carried, without a dissenting vote, to extend Jon and Sons Disposal and Metro Disposal’s solid waste hauler’s licenses until February 10, 2009, giving time for the Public Works Committee to meet with these establishments relative the City’s recycling requirements.

            Upon the recommendation of the Public Works Committee, a motion was made by Alderman Heltemes, seconded by Alderman Aune and carried, without a dissenting vote, approving the application of St. Mary’s/Innovis Health’s  right-of-way construction permit allowing the  placement of a demolition dumpster on Lincoln Avenue for thirty days while they are doing remodeling and construction.

            Upon the request of Alderman Imholte, City Administrator Louiseau summarized some of the main proposals to amend the Labor Agreements as follows:

1)      The pay rates would be increased by

            2% on January 1, 2009;

            2% on July 1, 2009;

            3% on January 1, 2010; and

            3% on January 1, 2011.

2)      Provisions would be provided to offer a High Deductible Health Savings

Account Plan whereby the City would pay 100% of the premium for 2009, 2010 and 2011.  Also the City would make a contribution to the employee’s HSA as follows:

      Year 2009                   Single Policy               $   750.00

                                          Family Policy              $1,500.00

      Year 2010                   Single Policy               $   500.00

                                          Family Policy              $1,000.00

      Year 2011                   Single Policy               $   250.00

                                          Family Policy              $   500.00

3)   City employees may have the option of continuing with the current plan which is a comprehensive major medical plan but the City contribution to the premium would be 75% in 2009 and 2010 and 70% in 2011.

4)   Members of the Teamsters would be given a one time payment of $375.00 to correct an internal inconsistency between pay increase given the Teamsters in 2008 and other employee groups.

                              Alderman Imholte pointed out that the contract amendments fell within the budget guidelines set back in August, 2008.

                  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, approving the Labor Agreement with AFSCME for 2009-2011.

            Upon the recommendation of the Finance Committee, a motion was made by Alderman Imholte, seconded by Alderman Aune and carried, without a dissenting vote, approving the Labor Agreement with Teamsters Local No. 320 for 2009-2011.

            Pursuant to the recommendation of the Finance Committee, a motion was made by Alderman Imholte, seconded by Alderman Zeman and carried, without a dissenting vote, approving changes, as outlined by the City Administrator, to the Personnel Policies related to Non-Union employees.

            Upon the recommendation of the Finance Committee, a motion was made by Alderman Imholte, who moved its adoption, authorizing execution of an agreement concerning the 2009 Worker’s Compensation Retrospectively Rate 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.

            Pursuant to the recommendation of the Finance Committee, a resolution was introduced by Alderman Imholte, 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 Zeman and carried without a dissenting vote.  The Mayor declared the resolution adopted.

            Upon the recommendation of the Public Safety Committee, a motion was made by Alderman Tollefson, seconded by Alderman Heltemes and carried, without a dissenting vote, authorizing the Detroit Lakes Volunteer Fire Department to enter into a matching grant contract with the State of Minnesota, DNR.

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

1)                  United Lakes Trail Riding Association to conduct raffles at Zorbaz, 402 West Lake Drive, on February 22, 2009;

2)                  Detroit Lakes Youth Wrestling Organization, Inc., to conduct raffles on April 25, 2009, at the Sand Bar II, 880 Randolph Road;

3)                  T.I.P. Quad County Chapter for gambling at the Speak Easy, 1100 North Shore Drive;

4)                  Becker County Sheriff Posse to conduct a raffle at the Becker County Courthouse Lobby on February 16, 2009; and

5)                  Boys & Girls Club of Detroit Lakes, Inc. to conduct a raffle at Lakeside Tavern on February 14, 2009.

            A motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting vote, approving the issuance of the following plumbing licenses for 2009:

            1)         Thomas Campbell dba Campbell Plumbing, Inc.;

            2)         Thomas Hills dba Ellingson Heating, Alexandria;

            3)         Joe Glenz dba Glenz Plumbing, Inc.;

            4)         John Bruhn dba J.M. Bruhn Plumbing, Co., Vergas;

            5)         Raymond Larson dba Laney’s Mechanical, Inc.;

            6)         Michael Peterson, dba Peterson Mechanical, Inc.; and

            7)         Rick Sonnenberg dba Sonneberg Plumbing & Heating, Vergas.

            Pursuant to the recommendation of the Mayor, a motion was made by Alderman Aune, seconded by Alderman Heltemes and carried, without a dissenting vote, approving the Council committee appointments for 2009.

            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 2009.  The name of Alderman James Anderson was submitted for consideration as Vice Mayor.  The motion was made by Alderman Imholte, seconded by Alderman Tucker 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 2009.

            Pursuant to the resignation of Mayor Brenk and upon his recommendation, a motion was made by Alderman Imholte, seconded by Alderman Sukke and carried without a dissenting vote, to appoint Alderman Jamie Marks Erickson to the Detroit Lakes Housing and Redevelopment Authority which will expire October 5, 2010.

            Pursuant to the resignation of Mayor Brenk and upon his recommendation, a motion was made by Alderman Tucker, seconded by Alderman Sukke and carried, without a dissenting vote, appointing Alderman Imholte to the Detroit Lakes Development Authority which will expire August 5, 2009.

            Upon the recommendation of Mayor Brenk, a motion was made by Alderman Anderson, seconded by Alderman Tucker and carried, without a dissenting vote, appointing Larry Buboltz to a three-year term on the Public Utilities Commission effective March 1, 2009.

            Staff was instructed by Mayor Brenk to send a letter of appreciation to Dixie Johnson for her service on the Public Utilities Commission.

            Pursuant to the recommendation of Mayor Brenk, a motion was made by Alderman Imholte, seconded by Alderman Tucker and carried, without a dissenting vote, appointing Dan Josephson to a three-year term on the Park Board effective March 1, 2009.

            Upon the recommendation of Mayor Brenk, a motion was made by Alderman Anderson, seconded by Alderman Sukke and carried, without a dissenting vote, appointing Scott Mehlhaff to the Detroit Lakes Tourism Bureau for another three-year period effective April 1, 2009.

            Staff was instructed to send a letter of appreciation to Ron Paskey for his service on the Tourism Bureau.

            Upon the recommendation of the Mayor, a  motion was made by Alderman Anderson, seconded by Alderman  Sukke and carried, without a dissenting vote, appointing Melissa Hiemenz to a three-year term on the Detroit Lakes Tourism Bureau effective April 1, 2009.

            A motion was made by Alderman Tucker, seconded by Alderman Tollefson and carried, without a dissenting vote, authorizing Council and staff to attend the Coalition of Greater Minnesota Cities Annual Legislative Action Day on January 15, 2009.

            Pursuant to Mark Greenig’s letter of resignation who will be retiring as the Detroit Lakes Community Education/Recreation Director April 1, 2009, Mayor Brenk instructed City staff to send a letter of appreciation for his many years of service.

            The Council acknowledged receipt of $15,000.00 from the Charles and Linda Moses Foundation Advised Fund of the Fargo-Moorhead Area Foundation, in honor of Ellen Moses, to be used for the Sucker Creek Preserve.

            The Council also acknowledged receipt of $325.61 from West Central Initiative which represents the City’s share of earnings from the Hildred Shelland Long Trust for beautification purposes.

            Mayor Brenk directed staff to send a letter of thank you for these contributions.

            Upon the recommendation of the Finance Committee, a motion was made by Alderman Anderson, 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 $3,704,642.36 as of December 31, 2008, be accepted, approved and placed on file.

Pursuant to 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 December 10, 2009, , through January 13, 2009, in the amount of $4,533,187.92.  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 Anderson, seconded by Alderman Aune and carried, without a dissenting vote, that the January Project Status Report, Animal Control Report, County Court Report for November, 2008, Chief of Police Reports, Fire Chief's Report, Liquor Store Manager's Report and parking violations report be approved and placed on file.

            Mayor Brenk expressed his appreciation for the outstanding leadership that the City has had during the last twenty years.  He stressed that Mayor Buboltz and past City Council’s have created a high standard of growth and a high standard of progress which has led up to improvements in the quality of life for Detroit Lakes citizens.  He urged the new City Council to continue this standard of leadership.  Several of the areas the Mayor outlined were:  annexation, Industrial Park expansion, implementation of the Business Corridor Plan, increase efforts to control and eradicate the exotic species problem in Detroit Lake, develop a plan for relocation of the municipal liquor store, revision and adoption of a new City Charter, continued work on the “Whistle Free Zone, increase recycling in the City and in 2009 and review changes in the traffic patterns and identify areas of concern.  Housing and job creation, awareness of business and job retention were also mentioned.

            There being no further business to conduct, by general consent, Mayor Brenk adjourned the meeting. 

                                                                                    Respectfully submitted,

                                                                                    Lynne Krieger

                                                                                    Asst. City Administrator