Detroit Lakes

Detroit Lakes, Minnesota

November 12, 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 November 12, 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; City Attorney William Briggs; City Administrator Robert Louiseau; Secretary/Account Technician Glori French; Finance Officer

Louis Guzek; Community Development Director Larry Remmen; City Engineer Gary Nansen; Police Chief Kelvin Keena; Public Works Director Brad

Green; Police Sergeant Tim Eggebraaten; Building Official Calvin Mayfield; Liquor Store Manager Bradley MacMaster and Fire Chief Jeffrey Swanson.

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

Absent: Assistant City Administrator Lynne Krieger.

There being no corrections or additions to the minutes of the regular Council Meeting held October 14, 2008, and a special City Council Meeting held

November 6, 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

comment on the proposed assessments for the 2008 Street and Utility Improvement Project (Minnesota Avenue, Langford Street, Lincoln Avenue, Lyndale Avenue

and Parkview Street)., Mayor Buboltz called to order the hearing at 5:10 P.M. There being no written or oral comments, the Mayor closed the hearing at 5:10 P.M. and reconvened the regular Council Meeting.

Upon the recommendation of Finance Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, providing for acceptance of the

assessment roll to the 2008 Street and Utility Improvement Project (Minnesota Avenue, Langford Street Lincoln Avenue, Lyndale Avenue and Parkview Street), showing an assessable cost of $746,458.34, to be assessed in equal annual installments extending over a period fifteen years at an interest rate to six (6%) percent per annum. 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 notice having been published in the official newspaper and mailed to each of the known property owners that were benefited by the 2008 Dutch Elm Disease Control Project, Mayor Buboltz called to order the hearing at 5:14 P.M. There being no oral or written comments, the Mayor closed the hearing at 5:14 P.M. and reconvened the regular Council Meeting.

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, as presented, for the 2008 Dutch Elm Disease Control Project, showing an assessable cost of $1,021.93, 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 Aune and carried without a dissenting vote. Alderman Hannon expressed his concern about the number of trees replaced were less than the number of trees taken out. The Mayor 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 2008 Weed Cutting Project, Mayor Buboltz called to order the hearing at 5:16 P.M. There being no written or oral comments, the Mayor closed the hearing at 5:16 P.M. and reconvened the regular Council Meeting.

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, as presented, the 2008 Weed Cutting Project. The motion for the adoption of the resolution was seconded by Alderman Imholte and carried without a dissenting vote. The Mayor declared the resolution adopted

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 comment on granting of club on-sale intoxicating liquor licenses and Sunday club on-sale intoxicating liquor licenses to the American Legion-John Bridges Post 15; Jess-Omundson Post #1676 VFW and Fraternal Order of Eagles #2342, Mayor Buboltz called to order the hearing at 5:18 P.M., There being no comments, the Mayor closed the hearing at 5:18 P.M. and reconvened the regular Council Meeting.

Upon the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Heltemes, seconded by Alderman Hannon and carried, without a dissenting vote, authorizing the issuance of club on-sale intoxicating liquor licenses and Sunday club on-sale intoxicating liquor licenses to the American Legion-John Bridges Post 15; Jess-Omundson Post #1676 VFW and Fraternal Order of Eagles #2342 for the period January 1, 2009 through December 31, 2009.

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 comment on granting of an on-sale wine license to the Chinese Dragon, Mayor Buboltz called to order the hearing at 5:20 P.M., There being no comments, the Mayor closed the hearing at 5:20 P.M. and reconvened the regular Council Meeting.

Upon the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Heltemes, seconded by Alderman Zeman carried, without a dissenting vote, authorizing the issuance of an on-sale wine license to the Chinese Dragon for the period January 1, 2009 through December 31, 2009.

Pursuant to the recommendations of the Planning Commission which were submitted to the City Council and the recommendation of the Community Development Committee, a motion was made by Alderman Tucker, seconded by Alderman Zeman and carried, with one abstention (Brenk), to deny the issuance of a conditional use permit to allow a guest house at 1310 South Shore Drive because the lot does not conform to the minimum size requirements of 135 feet wide and 26,000 square feet (The lot is 70 feet wide and 19,180 square feet), and the property exceeds the 25% impervious requirement.

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 Brenk, seconded by Alderman Tucker and carried, without a dissenting vote, to introduce, for its first reading, an ordinance amending the Zoning Ordinance to reflect the provisions of State Statute 462.357, Subd. 13, which allows the reconstruction of non-conforming uses and structures.

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 resolution was introduced by Alderman Brenk, who moved its adoption, approving the final plat of DOW Storage Park. 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 motion was made by Alderman Brenk, seconded by Alderman Hannon and carried, without a dissenting vote, introducing, for its second reading and adoption, Ordinance No. 326, annexing 8.4 acres in Detroit Township (19068 Highway 21).

Upon the recommendation of the Community Development Committee, a resolution was introduced by Alderman Brenk, who moved its adoption, authorizing the City of Detroit Lakes to act as the legal sponsor for the projects contained in the Greater Minnesota Business Development Public Infrastructure Grant Program Application to help finance the expansion of the North Industrial Park. 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 request of the Lakes Crisis and Resource Center for a waiver of special assessments at 1339 Pelican Lane in the amount of $61,000.00, but upon the recommend- ation of the Community Development Committee, a motion was made by Alderman Tucker, seconded by Alderman Anderson, and carried, with one abstention (Brenk), to donate $30,000.00 of the special assessments with the funds being paid out of the Liquor Fund. Jan Logan, Director of Lakes Crisis and Resource Center thanked the Mayor and City Council for the extremely generous donation. Mayor Buboltz, Aldermen Imholte and Zeman spoke in favor of the motion.

Pursuant to the recommendation of the Community Development Committee, a motion was made by Alderman Aune, seconded by Alderman Heltemes and carried, without a dissenting vote, that building permits for the month of October, 2008, in the estimated construction value of $1,578,154.50, be issued pursuant to their applications accompanied by the required City fees and state surcharges, the issuance of such permits.

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, to defer action on accepting the updated feasibility report for the street and utility improvements to State Street, from Summit Avenue to Oak Grove Avenue.

Pursuant to the recommendation of the Public Works Committee, a motion was made by Alderman Hannon, seconded by Alderman Zeman and carried, without a dissenting vote, to accept the request of the International Hockey School to use the arena for three weeks for the Summer of 2009 in accordance with the terms of the contract.

Pursuant to the recommendation of the Public Works Committee, a motion was made by Alderman Heltemes, seconded by Alderman Hannon and carried, with two dissenting votes (Heltemes, Hannon), to approve the issuance of a six month special license to allow four dogs at 1510 Lynn Avenue. Alderman Heltemes expressed concern about allowing more than three dogs

Pursuant to the recommendation of the Public Works Committee, a motion was made by Alderman Hannon, seconded by Alderman Zeman and carried, without a dissenting vote, to approve issuance of a six month special license to allow three dogs at 1505 Gary Avenue.

Pursuant to the recommendation of the Public Works Committee, a motion was made by Alderman Hannon, seconded by Alderman Zeman and carried, without a dissenting vote to table action on a street light placement at the corner of Long View Drive and Airport Road. The Mayor declared this motion tabled till the December meeting.

Pursuant to the recommendation of the Public Works Committee, a motion was made by Alderman Aune, seconded by Alderman Heltemes and carried, without a dissenting vote, approving the application for a parade permit submitted by the Chamber of Commerce to conduct a “Santa’s Grand Parade” on December 1, 2008.

Pursuant to 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 for street, water and sewer improvements to Timber Creek Third Addition, Phase II, showing an assessable cost of $219,125.93, to be assessed in equal annual installments extending over a period of twenty (20) years at an interest rate of seven (7%) percent per annum. The motion for the adoption of the resolution was seconded by Alderman Imholte and carried, without a dissenting vote. The Mayor declared the resolution adopted.

Upon recommendation of the Finance Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, providing for the acceptance of the assessment roll for Park Dedication Fees for the Ridgewood North Addition and Ridgewood Estates Addition, showing an assessable cost of $191,352.00, to be assessed in equal annual installments extending over a period of ten (10) years at an interest rate of seven (7%) percent per annum. 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, providing for the acceptance of the assessment roll for Park Dedication Fees for the Clear Creek Addition (Pinacle Land Development), showing an assessable cost of $40,000.00, to be assessed in equal annual installments extending over a period of five (5) years at an interest rate of seven (7%) per annum. The motion for the adoption of the resolution was seconded by Alderman Imholte 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 Anderson, who moved its adoption, declaring the total costs of the street and utility improvements on Tower Road, from Richwood Road West to the electric utility center, to be $1,029,349.06 of which the City will pay $550,121.77 and $479,227.29 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 Imholte 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 Anderson, who moved its adoption, setting a hearing for December 9, 2008, at 5:00 P.M. on proposed assessments for street and utility improvements to Tower Road, from Richwood Road West to the electric utility center. The motion for the adoption of the resolution was seconded by Alderman Imholte and carried without a dissenting vote. The Mayor declared the resolution adopted.

Pursuant to Finance Officer Guzek obtaining quotes for an insurance agent for the purpose of the City’s participation in the League of Minnesota Cities Insurance Trust (Property, Casualty and Worker’s Compensation), the following quotes were received:

BIDDER BID AMOUNT

Schiller Insurance $8,500.00/year

Bremer Insurance $9,000.00/year

Markurson Baer Insurance $5% of the Premium

Upon the recommendation of the Finance Committee, , a motion was made by Alderman Anderson, seconded by Alderman Aune and carried, without a dissenting vote to accept a quote for an insurance agent for the purpose of the City’s participation in the League of Minnesota Cities Insurance Trust (Property, Casualty and Worker’s Compensation) from Schiller Insurance Agency in the amount of $8,500.00 per year for three years 2009-2013.

Pursuant to the recommendation of the Finance Committee, a motion was made by Alderman Anderson, seconded by Alderman Imholte and carried, without a dissenting vote, to authorize the City to enter into a Membership Agreement with Lake Country Service Cooperative for 2009.

Pursuant to Finance Officer Guzek obtaining quotes for a post meter, the following quotes were received:

BIDDER BID AMOUNT

Dakota Mailing $4,770.67

4141 38^th Street SW

Fargo, North Dakota 58104

Deaton’s Mailing Systems, Inc. $4,391.00 (Model IM 460)

1206 Center Avenue

Moorhead, Minnesota 56560

Deaton’s Mailing Systems, Inc. $7,406.00 (Model IM460 w/scale)

1206 Center Avenue

Moorhead, Minnesota 56560

Pitney Bowes $10,823.10

3509 Interstate Blvd.

Fargo, ND 58103

Upon the recommendation of the Finance Committee, a motion was made to by Alderman Anderson, seconded by Alderman Anue and carried, without a dissenting vote to accept the bid for a new postage meter from Deaton’s Mailing Systems, Inc. for the Hasler Model IM460 with Dynamic Scale, in the amount of $7,406.00.

Pursuant to the recommendation of the Finance Committee, a resolution was introduced by Alderman Heltemes, who moved its adoption, declaring the total costs of the nuisance abatement charges at 113 West Union (Parcel No. 49-2049-000) to be $577.00 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 Zeman 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 Anderson, who moved its adoption, setting a hearing for December 9, 2008, at 5:00 P.M on proposed assessments for nuisance abatement charges at 113 West Union (Parcel No. 49-2049-000). The motion for the adoption of the resolution was seconded by Alderman Imholte and carried without a dissenting vote.

Pursuant to the recommendation of the Finance Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, setting a special assessment hearing for December 9, 2008, at 5:00 P.M., for unpaid water, sewer and storm water charges for 2008. The motion for the adoption was seconded by Alderman Imholte and carried without a dissenting vote. Mayor Buboltz declared the resolution adopted.

Pursuant to the recommendation of the Finance Committee, a motion was made by Alderman Heltemes, seconded by Zeman and carried, without a dissenting vote, accepting the work and authorizing final payment to Feldt Plumbing LP, in the amount of $74,193.20, for the street reconstruction and storm sewer improvements on Curry Avenue, Lori Avenue, Pembina Trail, North Washington Avenue and Cormorant Avenue.

Pursuant to calling for bids for a pumper trunk for the Fire Department, the following bids were opened and received at 4:30 P.M., November 10, 2008, only one bid was received. Upon the recommendation of the Public Safety Committee, a motion was made by Alderman Aune, seconded by Alderman Zeman and carried, without a dissenting vote, accepting the bid of General Safety Equipment, Wyoming, Minnesota, in the amount of $393,678.00, for a pumper truck for the Fire Department.

Upon the recommendation of the Public Safety Committee, a motion was made by Alderman Aune, seconded by Alderman Hannon and carried, without a dissenting vote, introducing, for its first reading an ordinance amending Section 306.05 of the Detroit Lakes City Code relative to adopting a local fire service fee collection process.

Upon the recommendation from the Liquor/Gambling Control Committee a request was made by Alderman Heltemes, to defer discussion on the new liquor store sign.

Pursuant to the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Heltemes, seconded by Alderman Aune and carried, without a dissenting vote, to set a hearing for December 9, 2008, at 5:00 P.M. to give consideration to the issuance of on-sale intoxicating liquor licenses, on and off-sale 3.2 malt liquor licenses and Sunday liquor licenses for one year effective January 1, 2009.

Upon the recommendation of the Public Utilities Commission Committee, a resolution was introduced by Alderman Tollefson, who moved its adoption, establishing a new 2009 Electric Rate. The motion for the adoption of the resolution was seconded by Alderman Anderson and carried without a dissenting vote. Mayor declared the resolution approved.

Mayor Buboltz instructed City Administrator Louiseau to send a letter of appreciation to Ginny Imholte for serving on the Detroit Lakes Planning Commission for the past nine years.

Upon the recommendation of Mayor Buboltz, a motion was made by Alderman Tollefson, seconded by Alderman Brenk, and carried without a dissenting vote to a appoint Lee Kessler to serve on the Detroit Lakes Planning Commission Committee for a three-year term effective January 1, 2009.

Mayor Buboltz received a letter of resignation from Alderman Brenk. Alderman Brenk will be resigning as Alderman at Large on January 6, 2009, because he was elected as Mayor for a four-year term. A motion was made by Alderman Anderson, seconded by Alderman Hannon, and carried without a dissenting vote, to accept Alderman Brenk’s resignation effective January 6, 2009, and open the position of Alderman at Large.

Upon recommendation of Mayor Buboltz, a motion was made by Alderman Heltemes, seconded by Alderman Aune, and carried without a dissenting vote, to open up the position of Alderman at Large within the City of Detroit Lakes to all residents in the City of Detroit Lakes. Mayor declared the motion carried.

A motion was made by Alderman Aune, seconded by Alderman Heltemes 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 $1,526,709.44 as of October 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 October 15, 2008, through November 12, 2008, in the amount of $1,336,798.96. 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.

The motion was made by Alderman Aune, seconded by Alderman Heltemes and carried, without a dissenting vote, that the November Project Status Report, Animal Control Report, County Court Report for September, 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 Elect Matt Brenk thanked the City Council and the Community for electing him as Mayor of the City of Detroit Lakes. Brenk is looking forward to working with current Council Members and newly elected Council Members. Council Members should let Mayor Elect Brenk know what committees they would like to work on going forward.

Mayor Buboltz and City Council members closed the Council Meeting to go into closed session to discuss labor negotiations.

There being no further business to conduct, by general consent, Mayor Buboltz adjourned the meeting (6:29 P.M.)

Respectfully submitted,

Lynne Krieger

Asst. City Administrator