Detroit Lakes

Detroit Lakes, Minnesota

March 12, 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., Thursday, March 12, 2009, all members of the City Council having been duly notified of the meeting and the business to be transacted.

            Present: Vice Mayor James Anderson; City Attorney William Briggs; City Administrator Robert Louiseau; Assistant City Administrator Lynne Krieger; Finance Officer Louis Guzek;
           Community Development Director Larry Remmen; City Engineer Gary Nansen; Police Chief Kelvin Keena; Building Official Calvin Mayfield; Fire Chief Jeffrey Swanson and Liquor Store
           Manager Bradley MacMaster.

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

Absent: Mayor Matt Brenk; Aldermen Aune, Tollefson and Tucker; Public Utilities Superintendent Curt Punt and Public Works Director Bradley Green.

There being no corrections and additions to the minutes of the regular Council Meeting held February 10, 2009, and the special meetings held on February 17, 2009, and February 24, 2009, the Vice Mayor declared that they would stand approved according to copies of same sent to each member of the Council.

Pursuant to the recommendations of the Planning Commission which were submitted to the City Council, a motion was made by Alderman Zeman, seconded by Alderman Sukke and carried, without a dissenting vote, introducing an ordinance rezoning of 314 Washington Avenue (former Washington School property) from “B-2” General Business District to “R-3” Multi-Family Residence District for its first reading.

Pursuant to the recommendations of the Planning Commission which were submitted to the City Council, a resolution was introduced by Alderman Zeman, who moved its adoption, approving the preliminary and final plat of St. Clair Office Park Condominium Plat at 1118 Highway 59 South. The motion for the adoption of the resolution was seconded by Alderman Sukke and carried without a dissenting vote. Vice Mayor Anderson declared the resolution adopted.

Pursuant to the recommendations of the Planning Commission which were submitted to the City Council, a motion was made by Alderman Zeman, seconded by Alderman Heltemes and carried, without a dissenting vote, approving the Business Corridor Redevelopment Plan and adoption of it as a supplement to the City’s Comprehensive Plan.

Community Development Director Remmen advised that the Planning Commission reviewed and determined that the street, utility and storm sewer projects listed in the 2009-2013 Capital Improvement Plans are consistent with the Comprehensive Plan of the City. Pursuant to the recommendations of the Planning Commission which were submitted to the City Council, a resolution was introduced by Alderman Zeman, who moved its adoption, accepting the Planning Commission’s report on the 2009-2013 City’s Capital Improvement Report and ordered it kept on file for future Chapter 429 Special Assessment Procedures. The motion for the adoption of the resolution was seconded by Alderman Imholte and carried without a dissenting vote. The Vice Mayor declared the resolution adopted.

Upon the recommendation of the Community Development Committee, a motion was made by Alderman Zeman, seconded by Alderman Imholte, introducing an ordinance, for its first reading, which amends and revises Chapter 900 of the City Code relative to nuisances affecting property. A motion was made by Alderman Heltemes, seconded by Alderman Zeman, to amend 901.41, Subd 1 (a) of the ordinance changing the definition of “Unreasonable State of Partial Construction” relative to the time the building is under construction from one year to six months. Alderman Heltemes noted that six months would be consistent with the building code. Alderman Imholte spoke in opposition of changing the period of time to six months because it would be difficult to enforce. City Administrator Louiseau clarified that the current building permit process allows the extension of a permit for another 180 days. He further explained that with the six month change, the staff would need to get Council approval each time the Building Official recommended a 180 day extension. Alderman Zeman advised that he called several contractors and they felt six months was plenty of time to complete a project. Alderman Sukke clarified that under this ordinance it does state “that where no substantial work has occurred for more than six months”, the Building Official could intervene. Aldermen Imholte suggested the motions be tabled until the April 14, 2009, Council Meeting. A motion was made by Alderman Imholte, seconded by Alderman Marks Erickson and carried, without a dissenting vote, to table until the April 14, 2009, Council Meeting.

Upon the recommendation of the Community Development Committee, a motion was made by Alderman Zeman, seconded by Marks Erickson, to approve entering into an Encroachment Agreement with Curtis B. and Caroline Briggs allowing access to the turn-back property south of 803 Roosevelt Avenue. A motion was made by Alderman Heltemes, seconded by Alderman Imholte and carried, without a dissenting vote, to amend the motion by adding 1(a) to the Encroachment Agreement which would state that no billboards shall be placed on the property. Vice Mayor Anderson then called for a vote on the amended motion and it carried unanimously.

Pursuant to the recommendation of the Community Development Committee, a motion was made by Alderman Heltemes, seconded by Alderman Zeman and carried, without a dissenting vote, that building permits for the month of February, 2009, in the estimated construction value of $641,874.00, 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.

Upon the recommendation of the Public Works Committee, a resolution was introduced by Alderman Heltemes, who moved its adoption, to authorize “Two-Hour Parking Only” on Lake Avenue, from Holmes Street to Frazee Street and on Frazee, Street, from Lake Avenue to Washington Avenue. The motion for the adoption was seconded by Alderman Zeman and carried without a dissenting vote. The Vice Mayor declared the resolution adopted.

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, to not proceed with street and utility improvements on State Street, from Summit Avenue to Oak Grove Avenue in 2009.

Pursuant to the recommendation of the Public Works Committee, a resolution was introduced by Alderman Heltemes, who moved its adoption, approving plans and specifications and authorization to call for bids for street and utility improvements on Long Lake Phase III (Longview Drive and Longview Lane), such bid opening to be at 2:00 P.M. on April 7, 2009, at 2:00 P.M. The motion for the adoption of the resolution was seconded by Alderman Sukke and carried without a dissenting vote. Vice Mayor Anderson declared the resolution adopted.

Upon the recommendation of the Public Works Committee, a motion was made by Alderman Heltemes, seconded by Alderman Marks Erickson and carried, without a dissenting vote, to authorize the execution of an agreement with the Holmes Center, Inc. providing for the Detroit Lakes Community and Cultural Center (DLCCC) to promote, coordinate, implement, direct, administer and supervise the Summer Recreation Program for ten weeks for 2009-2011.

Pursuant to the request of the Lakes Farmer’s Market and upon the recommendation of the Public Works Committee, a motion was made by Alderman Heltemes, seconded by Alderman Marks Erickson and carried, without a dissenting vote, authorizing the Lakes Farmer’s Market to use the City Park for their 2009 Farmer’s Market.

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, designating April 24, 2009, for the Arbor Day Celebration.

Alderman Imholte advised that the issue of eliminating warming house staff at outdoor rinks was referred to the Budget Committee for discussion on the 2010 Budget.

Upon the recommendation of the Finance Committee, a motion was made by Alderman Imholte, seconded by Alderman Heltemes to eliminate lifeguards at the City beaches starting in 2009. Alderman Zeman noted that this was a tough decision but for the City to do it properly would take more money than the City can afford and staffing would also be difficult. Alderman Marks Erickson requested that the Council delay action until the April Council Meeting to give staff time to discuss the issue further with the DLCCC or give time for other organizations to provide funds. A motion was made by Alderman Marks Erickson, seconded by Alderman Zeman and carried, with two dissenting votes (Imholte, Sukke) to table until the April 14, 2009, City Council Meeting.

Pursuant to the recommendation of the Finance Committee, a motion was made by Alderman Imholte, seconded by Alderman Sukke and carried, without a dissenting vote, to authorize the City of Detroit Lakes to enter into an Employee Assistance Program Agreement with Lakeland Mental Health Center, Inc., for the Year 2009.

Upon the recommendation of the Finance Committee, a resolution was introduced by Alderman Imholte, who moved its adoption, appointing the Assistant City Administrator to be the “Responsible Authority” for the purposes of meeting all requirements of Minnesota Statutes, Chapter 13, Data Privacy and designating the City Administrator to be the “Compliance Officer” of the City to whom questions or concerns are directed regarding problems in obtaining access to data or other data-practice problems.

Pursuant to the recommendation of the Public Works Committee and Finance Committee, a motion was made by Alderman Imholte, seconded by Alderman Zeman and carried, without a dissenting vote, approving the Pavilion rental fees effective January 1, 2009.

Upon the recommendation of the Public Safety Committee, a motion was made by Alderman Zeman, seconded by Alderman Sukke and carried, without a dissenting vote, approving the issuance of a transient merchant’s license for James Neigel allowing him to sell guns and general merchandise at the Armory on April 25-26, 2009.

Pursuant to the recommendation of the Public Safety Committee, a motion was made by Alderman Heltemes, seconded by Alderman Zeman and carried, without a dissenting vote, approving the application allowing Mahube to conduct a “Week of the Young Child” parade on April 24, 2009.

Upon the recommendation of the Public Safety Committee, a motion was made by Alderman Heltemes, seconded by Alderman Zeman and carried, without a dissenting vote, authorizing the attendance of two firefighters to the “Auto Extrication Training Course” in Moorhead on March 14-15, 2009.

Pursuant to the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Heltemes, seconded by Alderman Zeman and carried, without a dissenting vote, approving a gambling application submitted by the Minnesota Flyers Gymnastics, Inc., for gambling at The Avenue, 917 Washington Avenue.

A motion was made by Alderman Heltemes, seconded by Alderman Zeman and carried, without a dissenting vote, approving the issuance of 2009 plumbing licenses to Randy J. Januszewski, Perham and Gustav H. Weber dba Gus’s Plumbing, Detroit Lakes.

A motion was made by Alderman Heltemes, seconded by Alderman Zeman and carried, without a dissenting vote, approving the issuance of cigarette licenses, for one year, to Petro Plus Convenience Center and North Shore Travel Plaza.

A motion was made by Alderman Heltemes, seconded by Alderman Zeman and carried, without a dissenting vote, authorizing the attendance of staff to the 2009 League of Minnesota Cities Insurance Trust Safety and Loss Control Workshops in Mahnomen on April 7, 2009.

Upon the recommendation of the Finance Committee, a motion was made by Alderman Heltemes, 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 $1,536,218.25 as of February 28, 2009, be accepted, approved and placed on file.

The motion was made by Alderman Heltemes, seconded by Alderman Zeman and carried, without a dissenting vote, that the Animal Control Report, County Court Report for January, 2009, Chief of Police Reports, Fire Chief's Report, Liquor Store Manager's Report and parking violations report be approved and placed on file.

A motion was made by Alderman Imholte, seconded by Alderman Zeman 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 and serve intoxicating liquor at the Pavilion on May 16, 2009.

A motion was made by Alderman Marks Erickson, seconded by Alderman Imholte and carried, without a dissenting vote, approving the gambling application submitted by the Detroit Lakes Strikers Soccer Club, Inc., allowing them to conduct raffles at the Sandbar II on September 26, 2009.

A resolution was introduced by Alderman Sukke, who moved its adoption, designating the following streets as Municipal State Aid Streets:

Grant Street – Lake Avenue to Washington Avenue (0.07 Miles);

Frazee Street – 250 Feet East of Lincoln Avenue to Roosevelt Avenue (0.16 Miles);

Holmes Street – 580 Feet East of Washington Avenue to McKinley Avenue (0.26 Miles);

McKinley Avenue – Frazee Street to Trunk Highway 10 (0.07 Miles);

State Street – Rossman Avenue to Summit Avenue (0.14 Miles); and

Lake Avenue – State Street to Trunk Highway 10 (0.01 Miles).

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

A resolution was introduced by Alderman Zeman, who moved its adoption, revoking the MSA designation of the following streets:

Main Street (Route 108): Rossman Avenue to Summit Avenue (0.14 Miles) and

Lake Avenue (Route 111): Grant Street to State Street (0.14 Miles).

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

A motion was made by Alderman Zeman, seconded by Alderman Heltemes, approving the attendance of interested Council and staff to the Coalition of Greater Minnesota Cities LGA Rally in St. Paul on March 26, 2009. A motion was made by Alderman Imholte, seconded by Alderman Zeman and carried, without a dissenting vote, to amend the motion to authorize the attendance of the Mayor, one Council Member and City Administrator Louiseau to the LGA Rally. Vice Mayor Anderson then called the vote on the amended motion and it carried unanimously.

Police Chief Keena presented an update on the Instant Alert delivery results.

City Attorney Briggs reported that the evaluation of City Administrator Louiseau’s which was discussed at a closed special City Council Meeting held on February 26, 2009, is still on-going.

There being no further business to conduct, by general consent, Vice Mayor Anderson adjourned the meeting (5:48 P.M.).

Respectfully submitted,

Lynne Krieger

Asst. City Administrator