Detroit Lakes

Detroit Lakes, Minnesota

October 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, October 13, 2009; 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; City Engineer Gary Nansen; Police Chief Kelvin Keena; Public Works Director Brad Green; Building Official Calvin Mayfield; Liquor Store Manager Bradley MacMaster and Fire Chief Jeffrey Swanson.

Aldermen: Anderson, Aune, Heltemes, Imholte, Marks Erickson,

Sukke, Tollefson, Tucker and Zeman.

Absent: Public Utilities Superintendent Curt Punt.

There being no corrections or additions to the minutes of the regular Council Meeting held September 8, 2009, 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 street and utility improvements on North Washington Avenue (County State Aid Highway No. 22), from Main Street to Trunk Highway No. 34, the Mayor called the hearing to order at 5:03 P.M. City Engineer Nansen reviewed the existing utility conditions; proposed improvements; estimated project costs, including street and sidewalk costs provided by Becker County Highway Department; proposed financing; potential project schedules and estimated assessment amounts. There being no oral or written comments, Mayor Brenk closed the hearing at 5:24 P.M. and reconvened the regular Council Meeting. City Administrator Louiseau advised that the Public Works Committee was concerned about the impacts of the assessments that would affect individual properties and wanted more time to look at options for financing the utility portion of some of the improvements and possibly incorporate them into the City’s Sewer and Water Rates as opposed to being assessed. Becker County Highway Engineer Brad Wentz was asked and confirmed that this delay for a month would not affect the County.

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 vacating of a portion of Park Street, from McKinley Avenue to Lincoln Avenue, Lincoln Avenue, from Frazee Street to Oak Street and the westerly portion of the alley in Block Three of Holmes 4^th Addition and the easterly portion of the alley in Block Three of Holmes 4^th Addition, the Mayor called the hearing to order at 5:26 P.M. Community Development Director Remmen advised that St. Mary’s/Innovis Health is requesting these vacations and St. Mary’s/Innovis Health has agreed to relinquish their interest in the alley to Holiday Stationstores and suggested that this should be a condition on the proposed vacation. Mr. Remmen suggested that the effective date of these vacations should be November 1, 2009. Public Works Director Green indicated that St. Mary’s/ Innovis Health can start working in the intersection before that effective date. There were no questions or comments from the audience. Upon the inquiry of Alderman Imholte, City Administrator Louiseau advised that the utilities in the streets that are being vacated are 60 plus years old and need to be replaced and two options were discussed 1) the City abandon all the utilities and St Mary’s/Innovis Health replace them with the utilities with private service lines they actually need or 2) The City replace all the utilities to full specifications and continue to maintain them. To determine which would be the lowest cost, the City Engineer will be estimating the cost for the City to put in the utilities per City specifications and requirements which would be assessed to the St. Mary’s/Innovis Health and St. Mary’s/Innovis Health will have their engineer estimate the cost for them to put in what utilities they need. City Administrator Louiseau also explained if the lines are abandoned all the utilities on the perimeter of the area are looped and the only right-of-way easement the City would need to keep is for electric. Upon the request of Alderman Marks Erickson, Tom Thompson, CEO St. Mary’s/Innovis, gave an update on their project. Pursuant to the inquiry of Alderman Imholte, Mr. Thompson advised that pursuant to the collaboration with Fire Chief Swanson, the fire lane will be an extension of their driveway off of Frazee Street down to the southern part of their campus and they will be making a combination pedestrian lane/bike trail that will be thirteen feet wide and three and one-half feet on each side. Upon inquiry, Mr. Thompson advised that they will hire as much as they can locally. Mayor Brenk then closed the hearing at 5:36 P.M. and reconvened the regular Council Meeting.

Pursuant to the recommendation of the Community Development Committee, a resolution was introduced by Alderman Aune, who moved its adoption, providing for the vacation of a portion of Park Street, from McKinley Avenue to Lincoln Avenue. The motion for the adoption of the resolution was seconded by Alderman Tucker and carried without a dissenting vote. Mayor Brenk declared the resolution adopted.

Upon the recommendation of the Community Development Committee, a resolution was introduced by Alderman Aune, who moved its adoption, providing for the vacation of a portion of Lincoln Avenue, from Frazee Street to Oak Street. 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.

Pursuant to the recommendation of the Community Development Committee, a resolution was introduced by Alderman Aune, who moved its adoption, providing for the vacation of the alley in Block Three of Holmes 4^thAddition, subject to St. Mary’s/Innovis Health transferring their interest in the easterly one-half of the alley which abuts Holiday Station to Holiday Companies, Inc. The motion for the adoption of the resolution was seconded by Alderman Tucker and carried, without a dissenting vote. Mayor Brenk declared the resolution adopted.

Pursuant to notice having been published in the official newspaper and mailed to each of the known property owners that were benefited by the 2009 Sidewalk Repair/Replacement Project, Mayor Brenk called the special assessment hearing to order at 5:36 P.M. There being no oral or written comments, Mayor Brenk closed the hearing at 5:37 P.M. and reconvened the regular Council Meeting.

Upon the recommendation of the Finance Committee, a resolution was introduced by Alderman Zeman, who moved its adoption, providing for the acceptance of the assessment roll, as presented, for sidewalk repair/replacement for the Year 2009, showing an assessable cost of $23,146.99 to be assessed in equal annual installments extending over a period of five years at an interest rate of six percent per annum, except that assessments of $250.00 or less shall be payable in one year. The motion for the adoption of the resolution was seconded by Alderman Heltemes and carried without a dissenting vote. Mayor Brenk declared the resolution adopted.

The Mayor called to order a hearing at 5:39 P.M. to consider the matter of a reported nuisance at 315 Bowling Avenue created by the home not being hooked up to the City’s sewer and water system since February 14, 2007, pursuant to Section 901.07 and 501.06 of the City Code. After Building Official Mayfield updated the Council, Paul Tadlock, owner of the property, appeared before the Council. He informed the Council that Laney’s estimated the cost to fix the line because of tree roots to be about $10,000.00. The house is now condemned and he is not able to rent it out or get a loan on the house. City Administrator Louiseau advised the Council that the City obtain an estimate from Feldt Plumbing for $6,000.00 which would fix Mr. Tadlock’s sewer line which also includes repair of the street. Mr. Louiseau further advised that the property was not maintained for an extended period of time and on the north side of the house, there is some deteriorated siding. He reinterated that it is Mr. Tadlock’s private sewer line that extends into the street and connects to the main. The City wants to resolve this problem by getting the property back up to code so it doesn’t become an eye sore. Upon Mayor Brenk’s inquiry, Mr. Tadlock stressed that he wants to continue to own the house and use it as a rental property. He asked if the City would fix the sewer line and assessed it to his taxes. After Mr. Tadlock said that his house is 70% remodeled and pursuant to the inquiry of Alderman Zeman, Building Official Mayfield advised that there were some holes in the wall, doors missing and writing on the wall. Alderman Zeman expressed that the expenses to fix up the house may be greater than what the house is worth. Mr. Tadlock commented that on his tax statement each year the valuation of his house keeps going up and is now at $38,000.00. City Administrator Louiseau suggested that one option would be for the City to cause the sewer line to be repaired which would allow Mr. Tadlock to make the balance of the repairs and the cost could be paid back to the City by Mr. Tadlock or assessed to his property of which there are back taxes of $500.00 owed or the other option would be to continue to have the house placarded. Upon the inquiry of Mayor Brenk, Mr. Tadlock suggested he could fix the house in a short period of time for approximately $2,000.00. Mayor Brenk suggested that Building Official Mayfield meet with Mr. Tadlock to determine what exactly needs to be done to the house to bring it up to City Code and make it rentable. Aldermen Zeman and Heltemes stressed that the house should be brought up to Code before the City repairs Mr. Tadlock’s sewer line. Alderman Anderson stressed that regardless whether the house is brought up to code, the sewer line will need to be fixed to make the house rentable. Building Official Mayfield advised the Council that Mr. Tadlock’s neighbor was interested in buying the property without the house. Alderman Tucker pointed out that if Mr. Tadlock brings the house up to code, the City needs to agree that they will fix the sewer line and assessed it to his taxes. Mayor Buboltz then closed the hearing at 5:55 P.M. and reconvened the regular Council Meeting

A motion was made by Alderman Imholte, seconded by Alderman Sukke and carried, without a dissenting vote, authorizing the City to replace the sewer line, repair the street and assessed it to the 315 Bowling Avenue Property if the house at that address is brought up to City Code pursuant to Mr. Tadlock’s meeting with Building Official Mayfield on what needs to be done and after it is rented, the City be allowed at least one inspection per year for three years.

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 a conditional use permit to Seventh Day Adventist Church allowing a 4,640 square foot addition to the church at 404 Richwood Road, subject to the following conditions:

1) That the side yard setback be 50 feet or greater;

2) That the addition be adequately screened from abutting residential uses;

3) That adequate off street parking be provided and that such parking is screened and landscaped from surrounding residential uses and further that such parking lot meets the requirement of 8% interior landscaping;

4) That the landscaping and screening plan is presented to the City and approved by the Community Development Director prior to the issuance of a building permit; and

5) That the addition be built substantially in accordance with the approved site plan.

Alderman Heltemes advised that letters were sent out to downtown businesses on Washington Avenue inviting them to the Public Works Committee Meeting to hear their comments relative to timed parking on Washington Avenue and some letters were received opposing picking and choosing ½-hour parking spaces per request of a business. 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, denying the request of Lakes Brewed Awakening for two ½-hour parking spaces in front of their store at 901 Washington Avenue.

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 Aune, seconded by Alderman Tucker and carried, without a dissenting vote, approving the issuance of a variance to Madison Properties allowing a 6’ high fence in the front yard at 1141 North Shore Drive, subject to the following conditions:

1) That the fence be located on the east side of the lot as shown on the site plan; and

2) The fence be setback 40 feet from the ordinary high water mark and also 40 feet from the northerly lot line.

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 Aune, seconded by Alderman Tucker and carried, without a dissenting vote, denying the request of North Star Nursing to amend their conditional use permit for an assisted living facility at 333 Canyon Boulevard eliminating a 50-feet fence along the west side of the property because the fence was included in the original CUP and nothing had changed to justify altering the requirement for a fence.

Upon the recommendation of the Community Development Committee, a motion was made by Alderman Zeman, seconded by Alderman Aune and carried, without a dissenting vote, that building permits for the month of September, 2009, in the estimated construction value of $2,041,269.00, 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 Marks Erickson and carried, without a dissenting vote, to deny the request of Roger Anderson for the City to do snow removal at Twin Oaks’ private roadway.

Upon the recommendation of the Public Works Committee, a motion was made by Alderman Heltemes, seconded by Alderman Sukke and carried, without a dissenting vote, approving the 5-Year Capital Improvement Plan for 2010-2014.

Pursuant to the recommendation of the Public Works Committee, a resolution was introduced by Alderman Heltemes, who moved its adoption, approving the preliminary report and setting a hearing for November 10, 2009, to replace the current individual sump pump sewer system with a more convenient alternative on West Lake Drive from 1135-1252 West Lake Drive. The motion for the adoption of the resolution was seconded by Alderman Marks Erickson and carried without a dissenting vote. The Mayor declared the resolution adopted.

Pursuant to the request of Guy Fisher, 1418 Lori Avenue, and the recommend-ation of Police Chief Keena and the Public Works Committee, a motion was made by Alderman Heltemes, seconded by Alderman Aune and carried, without a dissenting vote, to replace the two yield signs with stop signs at the intersection of Pembina and Lori Avenue.

Pursuant to the request of Don Bristlin, 1610 Legion Road, and upon the recommendation of the Police Department and Public Works Committee, a motion was made by Alderman Heltemes, seconded by Alderman Marks Erickson and carried, without a dissenting vote, to place a street light on the south side of Legion Road where the road ends.

Upon the recommendation of the Public Works Committee, a motion was made by Alderman Heltemes, seconded by Alderman Zeman, authorizing the Mayor and City Administrator to enter into a Sports Arena Lease Agreement with the Detroit Lakes Youth Hockey Association, contingent upon City Administrator Louiseau negotiating with the School District the amount of ice time. City Administrator Louiseau advised the Council that the agreement is for the period October 12, 2009 - March 1, 2010, and October 11, 2010 – March 1, 2011, but if the School District wanted to reduce the cost of the Arena Lease, they might want to cut back their amount of ice time needed. The Mayor then called the question and the motion carried unanimously.

Public Works Director Green advised that October 28, 2009, at the Technical College, the State Bonding Committee will be meeting and the Bike Trail Committee will be making a presentation at 7:30 P.M. for the bike trail extension.

A motion was made by Alderman Heltemes, seconded by Alderman Zeman to invite residents on Oak Street to the November 9, 2009, Public Works Committee to discuss parking on the south side of the 200 block of Oak Street by permit only.

Pursuant to the Finance Officer obtaining quotes for the auditing of the City records, the following quotes were received:

BIDDER QUOTE AMOUNT

Brady Martz & Associates, Inc. $14,500.00 Year 2009

P.O. Box 790 15,500.00 Year 2010

Thief River Falls, MN 56701-0790 15,500.00 Year 2011

Eide Bailly $15,900.00 Year 2009

P.O. Box 2545 16,600.00 Year 2010

Fargo, ND 58108-2545 17,400.00 Year 2011

LarsonAllen LLP $16,750.00 Year 2009

510 22^nd Avenue East 17,150.00 Year 2010

Suite 501 17,600.00 Year 2011

Alexandria, MN 56308

Upon the recommendation of the Finance Committee, a motion was made by Alderman Imholte, seconded by Alderman Tucker and carried, without a dissenting vote, to accept the bid and appoint Brady Martz & Associates, Inc., Thief River Falls, Minnesota, for Years 2009-2011.

Pursuant to the advertisement for bids for replacement of windows at the Public Library, the following bids were received and opened on October 9, 2009, at 11:00 A.M.:

BIDDER BID AMOUNT

Bob Bristlin & Son Construction Co. $ 84,542.00 Uni-Frame

P.O. Box 148 104,904.00 Infinity

Detroit Lakes, MN 56502

Windows Plus, Inc. $110,941.00 With Oil Rubbed Bronze

500 2^nd Avenue NW, Suite A Hardware

West Fargo, ND 58078 $108,845.00 With Satin Taupe Hardware

Upon the recommendation of the Finance Committee, a motion was made by Alderman Imholte, seconded by Alderman Heltemes and carried, without a dissenting vote, accepting the bid of Bob Bristlin & Son Construction Company, Detroit Lakes, Minnesota, in the amount of $84,542.00, for replacement of windows at the Detroit Lakes Library.

Pursuant to the recommendation of the Finance Committee, a resolution was introduced by Alderman Imholte, who moved its adoption, declaring the total costs of the street and utility improvements for the Long Lake Annexation Phase III Area to be $1,569,000.00 of which the City will pay $602,500.00 and $966,500.00 to be assessed against the benefited property and ordering the preparation of proposed assessments. The motion for the adoption of the resolution was seconded by Alderman Heltemes 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, setting a hearing for November 10, 2009, at 5:00 P.M. on proposed assessments for street and utility improvements to the Long Lake Annexation Phase III Area. The motion for the adoption of the resolution was seconded by Alderman Sukke 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 Imholte, seconded by Alderman Sukke and carried, without a dissenting vote, authorizing the Mayor to enter into a lease agreement with the Federal Aviation Administration for the Remote Communication Outlet at the northwest corner of Hangar #1 at the Detroit Lakes Airport for the period October 1, 2009, through September 30, 2019.

Pursuant to the request of Lucky Dog Boarding and Training Center and 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 their request to charge $2.00 more per dog/cat tabs to cover their administration costs.

Upon the recommendation of the Finance Committee, a resolution was introduced by Alderman Imholte, who moved its adoption, to change the rental registration fee from $10.00/building to $25.00/building effective January 1, 2010. The motion for the adoption of the resolution was seconded by Alderman Sukke 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 Zeman, who moved its adoption, declaring the total cost of the Dutch Elm Control for the Summer of 2009 to be $210.23, to be assessed against benefited property owners, and ordering the preparation of proposed assessments. 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.

Pursuant to the recommendation of the Finance Committee, a resolution was introduced by Alderman Zeman, who moved its adoption, setting a special assessment hearing for 5:00 P.M., November 10, 2009, to give consideration to the special assessment roll for Dutch Elm Control for the Summer of 2009. The motion for the adoption of the resolution was seconded by Alderman Aune 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, declaring the total cost of weed cutting for the Summer of 2009 to be assessed against the benefited property owner is $1,190.74 and ordering the preparation of 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.

Pursuant to the recommendation of the Finance Committee, a resolution was introduced by Alderman Zeman, who moved its adoption, setting a special assessment hearing for 5:00 P.M., November 10, 2009, to give consideration to the special assessment roll for weed cutting for the Summer of 2009. The motion for the adoption of the resolution was seconded by Alderman Aune and carried without a dissenting vote. Mayor Brenk declared the resolution adopted.

Alderman Imholte informed the Council that changes to the City’s Fee Schedule will be reviewed by the Council at the November Finance Committee and discussion will be held as to recommendations for changes to the fees.

After Alderman Zeman reviewed the outcome of the bids on the Library Windows, he made a motion and it was seconded by Alderman Heltemes that the City advertise and bid out all purchases valued at $5,000.00 or more. Upon the inquiry Mayor Brenk, Fire Chief Swanson and City Administrator Louiseau expressed their concerns. Aldermen Imholte and Anderson advised the Council that they do agree with the concept but requested that further study be done before a vote is taken on the motion. Alderman Heltemes advised that the State has bid levels that require the bidding process and all the motion is doing is lowering those levels so there is more participation in the bidding process. A motion was made by Alderman Anderson, seconded by Alderman Tucker to table the motion specifying that City purchases of $5,000.00 or over go through the bid process. Mayor Brenk called the question and the motion carried with one dissenting vote (Zeman).

Upon the recommendation of the Public Safety Committee, a resolution was introduced by Alderman Tollefson, who moved its adoption, accepting a grant from the Bureau of Justice Assistance under the FY09 Recovery Act, in the amount of $13,029.00, for audio, visual, surveillance. The motion for the adoption of the resolution was seconded by Alderman Sukke and carried without a dissenting vote. The Mayor declared the resolution adopted.

Pursuant to the recommendation of the Public Safety Committee, a motion was made by Alderman Zeman, seconded by Alderman Aune and carried, without a dissenting vote, approving a parade permit application from the Detroit Lakes High School allowing them to conduct a “Homecoming Parade” on October 2, 2009.

Upon the recommendation of the Public Safety Committee, a motion was made by Alderman Zeman, seconded by Alderman Aune and carried, without a dissenting vote, authorizing Fire Chief Jeff Swanson and Assistant Fire Chief Dave Baer to attend the State Fire Chiefs’ Conference in Duluth on October 15-18, 2009.

Pursuant to receiving a request from the Becker County Historical Society and upon the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Tucker, seconded by Alderman Marks Erickson to not participate as a member of the Becker County Historical Society. Alderman Marks Erickson commented that the reason the City is not becoming a member is that the Detroit Lakes Public Utilities is a member already. Mayor Brenk called the question and the motion carried without a dissenting vote.

Upon 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, authorizing a $400.00 contribution from the Liquor Fund to the United Way of Detroit Lakes.

Pursuant to the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Zeman, seconded by Alderman Aune and carried, without a dissenting vote, setting a hearing for November 10, 2009, at 5:00 P.M. to give consideration to the issuance of an on-sale wine license to the Chinese Dragon for one year beginning January 1, 2010.

Upon the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Zeman, seconded by Alderman Aune and carried, without a dissenting vote, setting a hearing for November 10, 2009, at 5:00 P.M. to give consideration to the issuance of club and Sunday liquor licenses to the VFW, American Legion and Eagles for one year beginning January 1, 2010.

Upon the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Zeman, seconded by Alderman Aune and carried, without a dissenting vote, approving the issuance of temporary intoxicating liquor licenses for the Sandbar II and The Clubhouse Hotel of Detroit Lakes allowing them to sell and serve liquor for weddings at the Detroit Lakes Armory, October 3, 2009, and at the Pavilion, September 19, 2009, respectively.

Pursuant to the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Zeman, seconded by Alderman Aune and carried, without a dissenting vote, approving a gambling application submitted by St. Mary’s Regional Health Center for a raffle on October 24, 2009, at The Fireside.

Pursuant to the recommendation of the Public Utilities Commission, a resolution was introduced by Alderman Tollefson, who moved its adoption, establishing new electric rates for 2010. The motion for the adoption of the resolution was seconded by Alderman Sukke. City Administrator Louiseau advised that the rates are designed to help the Public Utilities recover current costs and make certain improvements related to energy efficiency, the Load Management System and other items which were considered in the rate recommendations that were made. He also advised that a very thorough rate study was done with the assistance of the Missouri River Energy Services. Alderman Heltemes inquired and City Administrator Louiseau verified that the average rate increase is approximately 5.5% for 2010 Mayor Brenk called the question on the motion and it carried without a dissenting vote. Mayor Brenk declared the resolution adopted.

A motion was made by Alderman Aune, seconded by Alderman Zeman and carried, without a dissenting vote, introducing for its second reading and adoption Ordinance No. 338, an ordinance amending Section 605.03, Subdivision 2, relative to changing the requirement of having a $2,000.00 surety bond to requiring a $25,000.00 State Compliance Bond for a person to acquire a plumbing license which will bring the requirement in compliance with State Law.

A motion was made by Alderman Zeman, seconded by Alderman Aune and carried, without a dissenting vote, approving the issuance of a plumbing license to David M. Gundersen dba Plumbers, Inc., Fergus Falls, for the period October 13, 2009, through December 31, 2009, pursuant to their application, compliance bond and fee.

Upon the recommendation of the Mayor, a motion was made by Alderman Anderson, seconded by Alderman Aune and carried, with one abstention (Tollefson), appointing Walt Tollefson, for the period December 1, 2009, through December 31, 2010 (expiration of his term on the City Council) on the Public Utilities Commission.

Upon the recommendation of the Mayor, a motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting vote, appointing Mitch Wimmer to the Public Utilities Commission effective December 1, 2009, through February 28, 2012.

The Mayor directed City staff to send a letter of appreciation to Steve Przybilla for his service on the Planning Commission.

Pursuant to the recommendation of Mayor Brenk, a motion was made by Alderman Aune, seconded by Alderman Zeman and carried, without a dissenting vote, appointing Andrew Gag to fill the vacancy left open by Steve Przybilla who resigned from the Planning Commission, such term will expire December 31, 2010.

Upon the recommendation of the Mayor, a motion was made by Alderman Zeman, seconded by Alderman Aune and carried, with one abstention (Tucker) appointing Harry Johnston and G. L. Tucker to a three-year term on the Planning Commission effective January 1, 2010.

A motion was made by Alderman Zeman, seconded by Alderman Heltemes and carried, without a dissenting vote, to send a congratulation letter to Andy Lia for being inducted into the Museum of Broadcasters Hall of Fame.

A motion was made by Alderman Zeman, seconded by Alderman Tucker and carried, without a dissenting vote, authorizing the attendance of up to three Council members or staff to the Coalition of Greater Minnesota Cities Fall Conference in Alexandria, Minnesota, on November 18-20, 2009.

A resolution was introduced by Alderman Tucker, who moved its adoption, authorizing the Mayor and City Administrator to enter into a Minnesota Department of Transportation Grant Agreement for Airport Maintenance and Operation. The motion for the adoption of the resolution was seconded by Alderman Sukke and carried without a dissenting vote. Mayor Brenk declared the resolution adopted.

A motion was made by Alderman Tollefson, seconded by Alderman Anderson and carried, without a dissenting vote, approving the issuance of a temporary on-sale intoxicating liquor license for The Bleachers allowing them to sell and serve liquor at the Detroit Lakes Community and Cultural Center on November 7, 2009.

A motion was made by Alderman Zeman, seconded by Alderman Aune and carried, without a dissenting vote, accepting the work and authorizing final payment of $32,378.79, to C & L Excavating, St. Joseph, Minnesota, for the 2008 Utility Improve-ments on Richwood Road, Dan Street and Pelican Lane.

Upon the recommendation of the Finance Committee, a motion was made by Alderman Zeman, 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 $4,029,813.56 as of September 30, 2009, be accepted, approved and placed on file.

Pursuant to the recommendation of the Finance Committee; a resolution was introduced by Alderman Zeman, who moved its adoption, approving the payment of claims paid by proper authorization covering the period September 9, 2009, through October 13, 2009, in the amount of $3,482,913.13. 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 Zeman, seconded by Alderman Aune and carried, without a dissenting vote, that the Animal Control Report, County Court Report for August, 2009, 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 (6:43 P.M.)

Respectfully submitted,

Lynne Krieger

Asst. City Administrator