Detroit Lakes

Detroit Lakes, Minnesota

February 10, 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, February 10, 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; Fire Chief Jeffrey Swanson and Liquor Store Manager Bradley MacMaster.

Aldermen: Anderson, Aune, Imholte, Heltemes, Marks Erickson, Sukke, Tollefson, Tucker and Zeman.

Absent: None.

There being no corrections or additions to the minutes of the regular Council Meeting held January 13, 2009 and the special City Council Meeting held January 6, 2009, the Mayor declared that they would stand approved according to copies of same sent to each member of the Council.

Tom Hanson, owner of Zorbaz, appeared before the Council to request a change on the his liquor license premise description to include serving/selling liquor in a 40’ x 66’ tent for the period June 18, 2009, to July 12, 2009, for their 40^th Birthday Celebration. Upon the inquiry of Alderman Tucker, Mr. Hanson advised that on June 18 and 19, 2009, they will be erecting the tent on the north side of the Zorbaz building but will not be serving and selling liquor in the tent at that time. He agreed to move the dates that liquor will be served in the tent to the June 26-July 12, 2009. Alderman Tucker informed the Council that the Liquor/Gambling Control Committee was concerned about the length of time this tent would be used and the parking issue. Upon inquiry of Alderman Zeman, Chief Keena advised that the only calls the police have gotten from Zorbaz are when their security staff requested help but otherwise they typically do a good job on security. Mr. Hanson advised, after inquiry by the Police Chief, that they will be hiring extra security staff. Mr. Hanson informed the Council that Zorbaz will be having bands in the tent June 26-27, 2009, and July 10-11, 2009. Mr. Hanson and the Council were then made aware that the 10K Festival runs through the weekend of July 24-26, 2009. Mr. Hanson then changed his request to have his premise description to serve liquor in the tent changed to the June 26- July 5, 2009, and July 24-26, 2009. Pursuant to the request of Alderman Heltemes, Mr. Hanson explained that during the time the tent is erected, liquor would not be served except for the three weekends requested but there would be other activities in the tents, i.e. pool tournaments, etc. A motion was made by Alderman Anderson, seconded by Alderman Imholte and carried, with one dissenting vote, to allow Mr. Hanson to erect a 40’ x 66’ tent the weekend of June 20-21, 2009, and to amend Zorbaz at the Beach’s liquor license premise description to include selling and serving alcohol in the tent during Zorbaz’s regular business hours starting June 26 through July 5, 2009, and July 24-26, 2009.

Pursuant to the recommendations of the Planning Commission which were submitted to the City Council, a motion was made by Alderman Aune, seconded by Alderman Tucker and carried, without a dissenting vote, to deny the request of Audubon Auto Center/DLM Downtown Properties for a conditional use permit to allow a car lot in a “B-1” District at 717 Washington Avenue because the Planning Commission felt a used car business would not be an appropriate long term use of the property and the City did not have a way to put a time limit on the permit.

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 City staff to pursue looking at the occurrences that need to take place for the possible sale of the property at the Lincoln ice rink to MeritCare.

Pursuant to the recommendation of the Community Development Committee, a motion was made by Alderman Aune, seconded by Alderman Tucker and carried, without a dissenting vote, that building permits for the month of January, 2009, in the estimated construction value of $142,875.00, 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 Public Works Director Brad Green obtaining quotes for solid waste disposal services for the City, a motion was made by Alderman Heltemes, seconded by Alderman Sukke and carried, without a dissenting vote, accepting the low quote of Waste Management, in the amount of $533.52/month for the winter and $2,933.47/month for the summer, for solid waste disposal services for the City.

Upon the recommendation of the Public Works Committee, a resolution was introduced by Alderman Heltemes, who moved its adoption, establishing the following streets as Municipal State Aid Highways:

Grant Street, from Lake Avenue to Washington Avenue (0.06 Miles);

Frazee Street, 250 feet east of Lincoln Avenue to Roosevelt Avenue (0.17 Miles);

Frazee Street, from Roosevelt Avenue to Jackson Avenue (0.26 Miles);

Holmes Street, 550 feet east of Washington Avenue to McKinley Avenue (0.06 Miles);

McKinley Avenue, Frazee Street to Trunk Highway 10 (0.13 Miles); and

State Street, Rossman Avenue to Summit Avenue (0.13 Miles).

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

Pursuant to the recommendation of the Public Works Committee, a resolution was introduced by Alderman Heltemes, who moved its adoption, revoking the Municipal State Aid designation of Main Street (Route 108) from Rossman to Summit Avenue, and Lake Avenue (Route 111), from Grant Street to Trunk Highway 10. The motion for the adoption of the resolution was seconded by Alderman Anderson 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 Anderson and carried, without a dissenting vote, approving plans and specifications, and upon approval of the plans and specifications of the Pelican River Watershed, authorize the City Administrator and City Engineer to call for bids for the Holmes Street Stormwater Basin Expansion Project.

Pursuant to obtaining quotes for the rental of the Pavilion over the 4^th of July holiday period, only one quote was received. A motion was made by Alderman Heltemes, seconded by Alderman Anderson and carried, without a dissenting vote, accepting the quote of Mike Checkalski dba Night Storm, in the amount of $2,503.00, for rental of the Pavilion July 3-5, 2009.

Pursuant to the request of the Detroit Lakes Regional Chamber of Commerce and upon the recommendation of the Public Works Committee, a motion was made by Alderman Heltemes, seconded by Alderman Zeman and carried, without a dissenting vote, denying their request to waive the rental fee and charge the standard rate of $250.00 for the Pavilion for the 2009 Chamber Annual Banquet on May 7, 2009.

Pursuant to the recommendation of the Public Works Committee, a motion was made by Alderman Heltemes, seconded by Alderman Anderson, and carried, without a dissenting vote, to approve the issuance of a solid waste hauler’s license to Jon and Son’s Disposal Service for the period February 10, 2009, - December 31, 2009.

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, directing staff to notify Metro Disposal, Inc. that they need to show proof to the Public Works Committee before March 9, 2009, that they are recycling recyclables otherwise their solid waste license will be revoked.

Pursuant to the Public Works Committee, a motion was made by Alderman Aune, seconded by Alderman Tucker and carried, without a dissenting vote, approving the request of the Street Faire Committee to close various streets, as outlined in their letter, for the Ninth Annual Street Faire at the Lakes on May 30-31, 2009.

Upon the recommendation of the Public Works Committee, a motion was made by Alderman Aune, seconded by Alderman Tucker and carried, without a dissenting vote, approving the issuance of a Fertilizer License for Valley Chemical Labs, Inc. dba TruGreen, Fargo, for 2009, pursuant to their application and $25.00 fee.

After Public Works Director Brad Green summarized a proposed Cooperative Compost Site Agreement with Lakeview Township, a motion was made by Alderman Heltemes, seconded by Alderman Zeman and carried, without a dissenting vote, authorizing the City to enter into a three-year Cooperative Compost Site with Lakeview Township effective July 15, 2009.

Upon the recommendation of the Public Works Committee, a motion was made by Alderman Heltemes, seconded by Alderman Anderson and carried, without a dissenting vote, approving the issuance of a private dock license for Cole Hanson/David Squires at 408 West Lake Drive.

Upon the recommendation of the Finance Committee, a motion was made by Alderman Imholte, seconded by Alderman Tollefson and carried, without a dissenting vote, approving the 2008 Pay Equity Implementation Report.

Pursuant to the recommendation of the Finance Committee, a motion was made by Alderman Imholte, seconded by Alderman Anderson and carried, without a dissenting vote, to adopt the following:

1) Hiring Freeze which would require authorization from Council or the Public Utilities Commission to fill any positions which become open through retirement, resignation or other means.

2) Travel Restrictions which requires all out of State travel to be approved by the City Council or Public Utilities Commission if travel costs are paid by the City. All departments will be asked to control travel expenses to reduce costs where possible.

3) Training Costs which will direct Departments to reduce training and travel related expenses to the extent possible. Adequate training should be provided to maintain licenses, certifications and maintain knowledge of current standards and practices in appropriate areas.

4) Overtime which requires Departments to review their operating policies and reduce overtime where ever possible. Overtime requires prior approval from the Supervisor on duty at the time.

Upon the recommendation of the City Administrator and Finance Committee, a motion was made by Alderman Imholte, seconded by Alderman Heltemes and carried, without a dissenting vote, to approve the following changes to the City’s 2009 Budget which will be fully implemented by April 1, 2009:

1) Regional Drug Task Force Membership Fee – The City currently receives a fee from vehicles impounded in drug enforcement activities. These funds will be used to cover the Task Force Membership.

2) The City will only pay the cost of a single health insurance policy for City Council Members and Public Utility Commission Members as provided to other City employees carrying single coverage. Members will be able to obtain family coverage but would need to pay the difference in the cost between the single and family policy.

3) Each department will be asked to reduce their capital equipment expenditure by 15%. They can accomplish this in the manner they feel is most appropriate. This may result in extended depreciation schedules, extended life for small tools and minor equipment and similar actions. To meet this goal each department head will report their plan to the Council.

4) Public Works Director Brad Green obtained quotes for solid waste hauling services for all of the City buildings, as well as the parks. These services were obtained separately in the past. The lowest quote will save the City $12,000 to $15,000 annually on these services.

Upon the recommendation of the Finance Committee, a motion was made by Alderman Imholte, seconded by Alderman Zeman and carried, without a dissenting vote, recommending the Mayor set a Special City Council Meeting to discuss the other City Administrator’s recommendations. Mayor Brenk set a Special City Council for February 17, 2009, at 5:00 P.M. in the Council Chambers to hear public comment and discuss the rest of the City Administrator’s recommendations for 2009 Budget cuts. Alderman Imholte listed the City Administrator’s recommendations that will be discussed at this upcoming meeting.

Pursuant to the request of the Lakes Crisis & Resource Center and upon the recommendation of the Finance Committee, a motion was made by Alderman Imholte, seconded by Alderman Tollefson and carried, without a dissenting vote, authorizing the City of Detroit Lakes to serve as fiscal host for a Lakes Crisis and Resource Center $300,000.00 Grant through the U.S. Department of Justice, Office on Violence Against Women.

Upon 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 following fee schedule for 2009:

PINE TO PALM COURSE:

Green Fees:

18 Holes (Wkdays/wkends & Holidays) $38.00/40.00

9 Holes 22.00

Twilight (After 3PM) 28.00

Fall Rate (Beginning Oct. 1) 22.00

Two for One Promotion (W/Restrictions) 38.00

MN Golf Trail Discount Rate 26.60

Carts:

18 Holes $30.00

18 Holes Member 28.00

9 Holes 15.00

9 Holes Member 14.00

Single Rider 15.00

Cart Book 22 Half Cart Punches 300.00

Cart Book 22 Half Cart Punches 280.00

Twilight Cart (After 3 PM) 13.00

Rate For Early Paymt.

Memberships: Discount By April 1st

Husband and Wife $975.00 $925.00

Single 590.00 560.00

Single Twilight (After 2PM) Beg June 1 380.00 N/A

Student (19-22) 260.00 245.00

Junior (12-18) 8 Yrs with Certificate 175.00 165.00

LAKEVIEW EXECUTIVE COURSE:

Green Fees:

18 Holes $25.00

9 Holes 14.00

Twilight (After 2PM) 16.00

Two for One Promotion (W/Restrictions) 25.00

Junior Play on Thursdays 3.00

Senior Green Fee (7-12 AM Mon. & Wed.) 13.00

Carts:

18 Holes $22.00

9 Holes 13.00

Single Rider 11.00

Cart Book (11 Tickets) 220.00

Senior Cart (7-12 AM Mon. & Wed.) 7.00

Rate For Early Paymt.

Memberships: Discount by April 1st

Family $650.00 $620.00

Husband and Wife 530.00 505.00

Single 370.00 350.00

Single Twilight (After 2PM) After June 1st 325.00 310.00
Student (19-22) 165.00 155.00

Junior (12-18) 8 yrs With Certificate 135.00 130.00

COMBINED MEMBERSHIP: (BOTH COURSES)

Husband and Wife $1140.00 $1085.00

Single 705.00 670.00

Single Twilight (After 2 PM) 435.00 415.00

Student (19-22) 325.00 310.00

Junior (12-18) 8 yrs. With Certificate 215.00 205.00

LOCKERS: (Per Month) 20.00

DRIVING RANGE:

Bucket Fees $3.00/5.00

Family Membership 245.00

Husband and Wife Membership 150.00

Single Membership 110.00

Children 18 and Under 95.00

Pursuant to the recommendation of the Public Safety Committee, a motion was made by Alderman Tollefson, seconded by Alderman Sukke and carried, without a dissenting vote, approving the issuance of a fireworks permit allowing the Detroit Lakes Regional Chamber of Commerce to conduct a fireworks display on Little Detroit Lake for Polar Fest on February 14, 2009.

Upon the recommendation of the Public Safety Committee, a motion was made by Alderman Aune, seconded by Alderman Tucker and carried, without a dissenting vote, approving the issuance of a permit to B.J. Alan Company Fireworks/KMart allowing them to sell legal fireworks in the KMart Store, 1305 Highway 10 West, for 2009, pursuant to their application and $100.00 fee.

Pursuant to the recommendation of the Public Safety Committee, a motion was made by Alderman Aune, seconded by Alderman Tucker and carried, without a dissenting vote, approving the issuance of a license to the Eagles Aerie 2342 allowing them to conduct a street dance on May 30, 2009, in conjunction with the Street Faire and pursuant to the recommendation of the Police Chief.

Upon the recommendation of the Public Safety Committee, a motion was made by Alderman Tollefson, seconded by Alderman Imholte and carried, without a dissenting vote, approving the issuance of a Permit to Exceed Noise Limits to Triple C Venture, Inc./Lakeside Tavern, 200 West Lake Drive, allowing them to exceed the noise limits (500 feet) on July 3-4, 2009.

Pursuant to the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Tucker, seconded by Alderman Aune and carried, without a dissenting vote, approving the Monthly Liquor Store Manager’s Report.

Upon the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Aune, seconded by Alderman Tucker and carried, without a dissenting vote, approving the issuance of temporary on-sale intoxicating liquor licenses for the Eagles Aerie 2342 on May 30-31, 2009, relative to the Street Faire and on June 18-19, 2009, for the Eagles State Convention at the Pavilion.

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

1) The Ducks Unlimited Lakes Area Ladies Chapter allowing gambling at The Clubhouse Hotel on March 14, 2009;

2) Holy Rosary Catholic Church for a raffle at the Church on July 1, 2009; and

3) Humane Society of the Lakes for gambling at the Shorewood Pub.

A motion was made by Alderman Aune, seconded by Alderman Tucker and carried, without a dissenting vote, authorizing Assistant City Administrator Lynne Krieger to attend the Municipal Clerks and Finance Officers Conference in St. Cloud on March 17-20, 2009.

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

1) David Kahle dba Kahle Plumbing and Heating

2) David Skarphol dba Manning Mechanical, Fargo

3) Randy Torma dba T & T Plumbing and Heating, Mahnomen

4) Daniel Maloney dba Maloney’s Plumbing

5) Joseph Esser dba Esser Plumbing, Perham

6) Jim Spalla dba Lakes Area Plumbing

7) Dale Parr dba Home Heating, Plumbing and Air Conditioning

8) Gene Petermann dba Petermann Plumbing and Heating

Mayor Brenk informed the Council that the Becker County Assessor has notified the City that the Board of Review for 2009 assessments will be held in the Becker County Courthouse on May 13, 2009, at 9:00 A.M. Pursuant to the recommendation of the Mayor, a motion was made by Alderman Aune, seconded by Alderman Heltemes, appointing Aldermen Imholte, Heltemes, Tollefson, Tucker and Alderman Anderson as an alternate to the Board of Equalization and set the per diem at $100.00. A motion was made by Alderman Imholte, seconded by Alderman Heltemes, to amend the motion and set the per diem at $1.00. Alderman Imholte, expressed concern that since participating in the 2009 Budget cuts, he as a member of the Finance Committee feels it is part of his responsibility to serve on the Board of Equalization and this would help cut back on expenses this year. Mayor Buboltz then called the question on the amendment and it carried unanimously. Mayor Buboltz then called for a vote on the amended motion and the motion carried without a dissenting vote.

Upon the recommendation of the Mayor, a motion was made by Alderman Aune, seconded by Alderman Anderson and carried, without a dissenting vote, appointing Ryan Thompson and Rick Michaelson to three-year terms on the Park Board effective March 1, 2008.

A motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting vote, approving Twin Cities Power Boat Association to conduct a “Quake the Lake” race on June 6 and 7, 2009, at the City Beach boat landing.

Pursuant to the Twin Cities Power Board Association’s request, a motion was made by Alderman Heltemes, seconded by Alderman Zeman and carried, without a dissenting vote, denying their request for the City to be one of the sponsors for the event which would cost up to $3500.00.

A motion was made by Alderman Tucker, seconded by Alderman Zeman and carried, without a dissenting vote, authorizing the sheriff auxiliary to control traffic from the pit area near the fairgrounds to the boating landing on the City Beach June 6 and 7, 2009.

A motion was made by Alderman Aune, seconded by Alderman Tucker and carried, without a dissenting vote, to approve the issuance of a cigarette license, for one year, to Petro Plus Convenience Center, 1306 Highway 10, pursuant to their application and $100.00 fee.

Upon the recommendation of the Finance Committee, a motion was made by Alderman Aune, seconded by Alderman Tucker 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 $2,302,996.41 as of January 31, 2009, be accepted, approved and placed on file.

Pursuant to the recommendation of the Finance Committee, a resolution was introduced by Alderman Aune, who moved its adoption, approving the payment of claims paid by proper authorization covering the period January 14, 2009, through February 10, 2009, in the amount of $3,361,422.16. The motion for the adoption of the resolution was seconded by Alderman Tucker and carried without a dissenting vote. The Mayor declared the resolution adopted.

The motion was made by Alderman Aune, seconded by Alderman Tucker and carried, without a dissenting vote, that the Animal Control Report, County Court Report for December, 2008, Chief of Police Reports, Fire Chief's Report, Liquor Store Manager's Report and parking violations report be approved and placed on file.

There being no further business to conduct, by general consent, Mayor Brenk adjourned the meeting (6:04 P.M.).

Respectfully submitted,

Lynne Krieger

Asst. City Administrator