Detroit Lakes

Detroit Lakes, Minnesota

September 10, 2008

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., Wednesday September 10, 2008, all members of the City Council having been duly notified of the meeting and the business to be transacted.

Present: Mayor Larry G. Buboltz; Charles Ramstad, representing the City Attorney’s Office, City Administrator Robert Louiseau; Assistant City Administrator Lynne Krieger; Finance Officer Louis

Guzek; Community Development Director Larry Remmen; City Engineer Gary Nansen; Public Works Director Brad Green; Police Sergeant Tim Eggebraaten; Building Official Calvin Mayfield and

Liquor Store Manager Bradley MacMaster.

Aldermen: Anderson, Aune, Brenk, Hannon, Imholte, Tollefson, Tucker and Zeman.

Absent: Alderman Heltemes; Police Chief Kelvin Keena; City Attorney William Briggs; Public Utilities Superintendent Curt Punt and Fire Chief Jeffrey Swanson.

There being no corrections or additions to the minutes of the regular Council Meeting held August 12, 2008, and a special City Council Meeting held August 26, 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 City Council, this date, would hear public comment and give consideration to the proposed assessments for the street and utility improvements for the newly annexed area of Long Lake Phase I and II, Mayor Buboltz called the hearing to order at 5:00 P.M. City Engineer Gary Nansen reviewed the project and explained the assessment amounts. Rory Nordine, 16275 Long Lake Road, questioned why he received a deferred assessment for his property in Clear Creek. After discussion, Mayor Buboltz suggested that City Administrator Louiseau, City Engineer Nansen and Mr. Nordine meet to discuss this matter. City Administrator Louiseau advised the Council that the City received a letter from Jacalyn Sauer, Bloomington, Minnesota, representing the Roy F. Sauer Family Trust (Parcel No R08.1236.000 and R08.1237.000), requesting a reduction, on their assessment to compensate for the lift pump that was not installed on their property because the cabin has no electricity or plumbing. Finance Officer Louis Guzek advised that he has revised their assessment allowing a $7500.00 credit, which reflected the cost of a pump plus installation and the property owners are in agreement with this. City Administrator Louiseau further advised that the property owners will provide their own lift pump when the property is developed and is connected to sewer and water. Don McDougall, 24590 St. Clair Circle, objected to being annexed into the City. Mayor Buboltz advised that seven years ago, an orderly annexation agreement was entered into with Detroit Township and approved by the Minnesota Planning Agency to annex all property within St. Claire Circle including other properties. There being no further oral or written comments, Mayor Buboltz closed the hearing and reconvened the City Council Meeting at 5:18 P.M.

Upon the recommendation of the Finance Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, providing for the acceptance of the assessment roll, excluding the 16275 Long Lake Road assessment, for street and utility improvements to the newly annexed area of Long Lake Phase I and II, showing an assessable cost of $1,569,999.94, to be assessed in equal annual installments extending over a period twenty of (20) years at an interest rate of six (6%) percent, such resolution to include a credit of $7500.00 on the assessment for Parcel No. R08.1236.000 and R08.1237.000, which reflects the cost of a pump plus installation that the property owners will provide when their property is developed and connected to City sewer and water. 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.

Mayor Buboltz called to order a hearing at 5:18 P.M. to consider the abatement of a nuisance at 113 Union Street West created by siding and debris piles at 113 Union Street West. Building Official Calvin Mayfield referred to action taken by the Council at the August meeting to abate the violation by hiring someone to paint the house at 113 Union Street West and assess the expenses to the owner’s property. He informed the Council that the property owners have removed the siding on the house and most of the siding and debris piles have been removed. Discussion was held relative to the City having the right to reside and paint the house. The matter was referred to the City Attorney’s Office for action at the next Council Meeting. Mayor Buboltz continued the hearing to the October 14, 2008, City Council Meeting.

Bradley Peterson from Flaherty and Associates appeared before the Council and summarized the impact of current and the next legislative session for Detroit Lakes and reviewed recent changes in the Coalition of Greater Minnesota Cities Programs.

Pursuant to the Planning Commission recommendations which were submitted to the City Council and upon the recommendation of the Community Development Committee, a motion was made by Alderman Brenk, seconded by Alderman Tucker and carried, without a dissenting vote, approving the issuance of a variance to Richard and Carol Lee to allow a 9-foot side yard setback and a 9-foot setback from the road right-of-way to allow the construction of an addition to a home at 286 Shorewood Drive, subject to the following conditions:

1) That if the existing structure is rebuilt, it can not be any closer to the lake than it is currently;

2) That the impervious surface on the lot not exceed 25%;

3) That the access be to the side of the garage as shown on the site plan; and

4) That the driveway be surfaced with previous pavers or ¾ inch crushed granite; and

5) That all impervious surfaces to be removed are removed prior to construction of the addition.

Upon the recommendation of the Community Development Committee, a motion was made by Alderman Brenk, seconded by Alderman Anderson and carried, without a dissenting vote, introducing for its second reading and adoption, Ordinance No. 325, rezoning parcels between Summit Avenue and Bowling Avenue parallel to the BNSF Railway and part of Block 10 of Holmes First Addition from “B-2”, “B-3” and “I-1” to “B-1” Central Business District

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 August, 2008, in the estimated construction value of $1,327,396.82, 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 recommendations of the Public Works Committee, a resolution was introduced by Alderman Imholte, who moved its adoption, accepting the updated preliminary engineering report and setting a hearing for October 14, 2008, for street, sanitary sewer and watermain improvements to property owners in the Long Lake Annexation-Phase 3 Project. The motion for the adoption of the resolution was seconded by Alderman Zeman. Upon the request of the Mayor, City Engineer Gary Nansen briefly reviewed the report advising that the project area consists of portions of Longview Drive and Longview Lane. He further noted that the estimated project cost was $2,127,000.00 and pointed out that the estimated assessment for a 100’ lot would be $17,770.00. Questions were asked by Dave Brainard and City Engineer Nansen suggested that they meet in his office to discuss his questions. Mayor Buboltz then called the question and the motion carried unanimously and the resolution was adopted.

Upon the recommendation of the Public Works Committee, a motion was made by Alderman Imholte, seconded by Alderman Brenk and carried, without dissenting vote, to approve the Five-Year Capital Improvement Plan.

Pursuant to the recommendation of the Public Works Committee, a motion was made by Alderman Zeman, seconded by Alderman Hannon and carried, without a dissenting vote, authorizing the City Engineer to prepare plans and specifications for expansion of the Holmes Street Storm Water Basin for use by the City and future street projects.

Pursuant to the recommendation of the Public Works Committee, a motion was made by Alderman Imholte, seconded by Alderman Hannon and carried, without a dissenting vote, authorizing the City Administrator to enter into an agreement with Becker County relative to stormwater runoff in the parking lot on Lake Avenue and Frazee Street whereby Becker County will provide $60,482.00 toward the Holmes Street Storm Water Basin Project and the remainder ($90,000.00) would be the City’s Share which would be taken from the Storm Water Fund.

Pursuant to Public Works Director Brad Green obtaining quotes for a 2008 ¾ ton 4-wheel drive truck, the following quotes were considered:

Nereson Chevrolet $24,490.25

Detroit Lakes, MN

Norseman Motors $26,002.78

Detroit Lakes, MN

Upon the recommendation of the Public Works Committee, a motion was made by Alderman Hannon, seconded by Alderman Aune and carried, without a dissenting vote, accepting the quote of Nereson Chevrolet, in the amount of $24,490.25 for a 2008 ¾ ton 4-wheeel drive Chevy Silverado pickup for the Public Works Department.

Pursuant to the recommendation of the Public Works Committee, a motion was made by Alderman Hannon, seconded by Alderman Imholte and carried, without a dissenting vote, approving the purchase of a TORO Workman 2110 and a Rahn Groomer from MTI Distributing, per the State contract price of $10,250.00, for the Park Department.

Upon the recommendation of the Public Works Committee, a motion was made by Alderman Hannon, seconded by Alderman Zeman and carried, without a dissenting vote, approving the purchase of a 10.5 HP power edger from R & R Specialties of Wisconsin, Inc., at the State contract price of $4,654.05, for the Sports Arena.

Pursuant to the request of the Humane Society, a motion was made by Alderman Aune, seconded by Alderman Tucker and carried, without a dissenting vote, approving their request to use the City Park and a portion of North Shore Drive to the corner of Speak Easy, for the 2^nd Annual Mutt Strutt on September 21, 2008.

Mayor Buboltz set a special City Council Meeting for September 15, 2008, at 5:00 P.M. to consider the adoption of the preliminary levy and budget for 2009.

Pursuant to the request of the Detroit Lakes Volunteer Fire Department and the recommendation of the Finance Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, amending the By-Laws of the Detroit Lakes Fire Department Relief Association to provide for a lump sum pension of $4,700.00 for each year a firefighter serves as an active member of the Fire Department effective April 1, 2009. The motion for the adoption of the resolution was seconded by Alderman Zeman and carried without a dissenting vote. Mayor Buboltz declared the resolution adopted.

Upon the recommendation of the Finance Committee, a motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting vote, approving the Purchase of Services Contract with the Detroit Lakes Regional Chamber of Commerce for Tourism Bureau Director services for the period July 1, 2008, through June 30, 2009.

Pursuant to the recommendation of the Finance Committee, a motion was made by Alderman Anderson, seconded by Alderman Hannon and carried, without a dissenting vote, authorizing the City to participate in the Blood Screening Program sponsored by the Noon Rotary Club and area health care providers the week of September 22, 2008.

Upon the recommendation of the Finance Committee, a resolution was

introduced by Alderman Anderson, who moved its adoption, declaring the total cost of street and utility improvements for Richwood Road, from Terry Street to Tower Road to be $723,054.40 of which the City will pay $396,664.73 and $326,389.67 to be assessed against the benefited property owners and ordering preparation of proposed assessments. 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 Finance Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, setting a hearing for October 14, 2008, at 5:00 P.M. on proposed assessments for street and utility improvements for Richwood Road, from Terry Street to Tower Road. The motion for the adoption of the resolution was seconded by Alderman Zeman 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 Aune, who moved its adoption, declaring the cost of the 2008 Sidewalk Repair/Replacement Project at various locations throughout the City to be $52,044.15, the City’s portion to be $12,542.09 and $39,502.06 to be assessed against benefited property owners, and ordering the preparation or proposed assessments. 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.

Upon the recommendation of the Finance Committee, a resolution was introduced by Alderman Aune, who moved its adoption, setting a special assessment hearing for October 14, 2008, at 5:00 P.M. to give consideration to the assessment roll for the 2008 Sidewalk Repair/Replacement Project. The motion for the adoption of the resolution was seconded by Alderman Tucker and carried without a dissenting vote. Mayor Buboltz declared the resolution adopted.

Upon the recommendation of the Finance Committee, a motion was made by Alderman Aune, seconded by Alderman Tucker and carried, without a dissenting vote, authorizing the attendance of Finance Officer Lou Guzek at the Minnesota Government Finance Officers Association Annual Conference in Alexandria, Minnesota on September 24-26, 2008.

Pursuant to the recommendation of the Finance Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, declaring costs to be assessed and ordering the preparation of proposed assessments for nuisance abatement charges at 1941 Long Bridge Road. The motion for the adoption of the resolution was seconded by Alderman Hannon and carried without a dissenting vote. The Mayor declared the resolution adopted.

Upon the recommendation of the Finance Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, setting a hearing for October 14, 2008, at 5:00 P.M. on proposed assessments for nuisance abatement charges at 1941 Long Bridge Road. 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.

Barb Fischburg, 1940 Long Bridge Road, commented that the workmanship that was done at 1941 Long Bridge Road was very good and has improved the area and made it safer than before. She reiterated that she looks forward to working with the Community Development Committee on an ordinance relative to unfinished construction sites.

In conjunction with the Personnel Committee and upon the recommendation of the Finance Committee, a motion was made by Alderman Anderson, seconded by Alderman Zeman and carried, without a dissenting vote, to increase City Administrator Bob Louiseau’s wages by four percent (4%) and adjust his vacation to five weeks retroactive to April 1, 2008.

Discussion was held on the presentation made by the Honeywell Corporation relative to a Emergency Warning System. City Administrator Louiseau advised that the Committee suggested he follow-up with the County and adjoining townships to see if they have some interest.

Upon the recommendation of the Public Safety Committee, a resolution was introduced by Alderman Aune, who moved its adoption, authorizing the Detroit Lakes Police Department to enter into a grant agreement with the Minnesota Department of Public Safety, Office of Traffic Safety, for the project Safe and Sober Communities. 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.

Alderman Aune reviewed the follow-up report on the City auction held August 21, 2008, informing that Council that sales totaled $18,000.00.

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 parade permit for Holy Rosary School relative to their Holy Rosary School Marathon on October 5, 2008.

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) Holy Rosary Catholic Church for raffles conducted at the Church on August 24, 2008;

2) Holy Rosary Catholic Church for raffles conducted at the Church on September 15, 2008;

3) Zion Lutheran Church for raffles conducted at the Church on November 2, 2008; and

4) Fraternal Order of Eagles for raffles conducted at their Club, 112 Holmes Street West.

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 a temporary on-sale intoxicating liquor license for the Jaycees for a wedding dance at the Pavilion on September 13, 2008.

Upon the recommendation of the Mayor, a motion was made by Alderman Brenk, seconded by Alderman Aune and carried, without a dissenting vote, authorizing Councilmembers to attend the Local Board of Appeal and Equalization Training in Detroit Lakes on October 10, 2008.

Pursuant to the recommendation of the Mayor, a motion was made by Alderman Brenk, seconded by Alderman Tollefson and carried, without a dissenting vote, authorizing Council and staff to attend the League of Minnesota Cities Regional Meeting in Wadena on October 8, 2008.

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 $2,412,172.67 as of August 31, 2008, 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 August 13, 2008, through September 10, 2008, in the amount of $2,551,104.10. 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 July, 2008, 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 request of Mayor Buboltz, by general consent, the Council authorized the Mayor to send a letter of City support to the University of Minnesota relative to a carbon footprint study of Detroit Lakes.

There being no further business to conduct, by general consent, Mayor Buboltz adjourned the meeting (6:30 P.M.)

Respectfully submitted,

Lynne Krieger

Asst. City Administrator