Government/Council minutes

Detroit Lakes, Minnesota

May 2, 2006

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, May 2, 2006, all members of the 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 Richard Grabow; Assistant City Administrator Lynne Krieger; Finance Officer Louis Guzek; Community Development Director Larry Remmen; Street Commissioner Roy Estes; Public Utilities Superintendent Curt Punt; City Engineer Gary Nansen; Police Chief Kelvin Keena; Building Official Calvin Mayfield and Liquor Store Manager Bradley MacMaster.

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

Absent: Fire Chief Jeffrey Swanson.

There being no corrections or additions to the minutes of the regular Council Meeting held April 4, 2006, and the special meeting of the City Council held April 11, 2006, the Mayor declared that they would stand approved according to copies of same sent to each of the members of the Council.

Pursuant to notice having been published in the official newspapers that the City Council, this date, would hear public comment and give consideration to the proposed sanitary sewer, watermain and street improvements to lots adjacent to Woodcrest Boulevard, Heather Lane and Sunset Park, Mayor Buboltz called the hearing to order at 5:01 P.M.. City Engineer Gary Nansen summarized the proposed project which will consist of construction of a sanitary sewer with a small sanitary sewer pumping station, the extension of a six inch PVC watermain and the restoration of the existing rural street and bituminous surfacing in the estimated amount of $291,200.00. Upon inquiry, City Administrator Richard Grabow advised that assessments would be per lot (with dwelling) and the assessments on lots that are undeveloped would be deferred until they are developed. After questions, David Hennes, 412 Woodcrest Boulevard, spoke against the project and Brian Newberg, 405 Woodcrest Avenue, spoke in favor of the project. There being no further comments, the Mayor declared the hearing closed at 5:20 P.M. and reconvened the regular Council Meeting.

Upon the recommendation of the Street and Park Committee, a resolution was introduced by Alderman Brenk, who moved its adoption, ordering sanitary sewer, watermain and street improvements to lots adjacent to Woodcrest Boulevard, Heather Lane and Sunset Park and ordering preparation of plans and specifications for said project. 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.

The Mayor called to order a hearing at 5:20 P.M. to consider the matter of a reported nuisance at 404 Rossman Avenue. Building Official Calvin Mayfield advised the Council that some progress has been made but there is still a trailer, storage tubs, trash, boards, boxes and unlicensed vehicles remaining. Mrs. Marie Mowers, 404 Rossman Avenue, disagreed with Mr. Mayfield advising that the property has been cleaned up and all the vehicles are licensed now. Discussion was held on the school bus that is parked on Mrs. Mower’s property. Police Chief Kelvin Keena advised that in order to have a school bus parked on your property, it must be licensed and operable. It was brought up that the school bus must be painted. There being no further comments, Mayor Buboltz closed the hearing at 5:30 P.M. and reconvened the regular Council Meeting.

Upon the recommendation of the Community Development Committee, a motion was made by Alderman Anderson, seconded by Alderman Hannon and carried, without a dissenting vote, that the City Council finds that a nuisance exists in violation of City Code Chapter 901 at the property set forth above due to an accumulation of debris and orders the abatement of this nuisance thirty days from this date if the property is not cleaned up.

Sally Hausken appeared before the Council and updated the Council on the progress and status of the Sucker Creek Preserve Project. She also informed the Council that the Grand Opening for the Sucker Creek Preserve is scheduled for September 6-8, 2006.

Upon the recommendation of the Mayor, a motion was made by Alderman Imholte, seconded by Alderman Hannon and carried, without a dissenting vote, appointing Brent Fulton to the position of Police Officer in the City of Detroit Lakes effective May 2, 2006. After the appointment, Brent Fulton was sworn in by the Mayor and his father pinned his badge on him.

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 Tucker, seconded by Alderman Aune to approve the issuance of a variance to Menard, Inc. allowing construction of a warehouse 28 feet 10 inches high, with an open soffit and a rear yard setback of 11 feet 2 inches. In making their decision, the Planning Commission made note that the requested changes were considered reasonable and they would not alter the essential character because the height and setback would be undistinguishable from structures at the required height and setback and the open soffit on the warehouse would not be visible because it would be blocked by the store in front. Mayor Buboltz then called the question and the motion carried unanimously.

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 Anderson, seconded by Alderman Brenk approving the preliminary planned unit development of River Hills allowing a 130 unit RV park at 14799 Highway 59 South. In making their decision, the following findings were noted:

1) Vegetation & Topography

The proposed development meets the density requirements of the “R-2” Zoning District and the applicable Shoreland Districts. The Developer has agreed to provide a permanent protective easement along the Pelican River which will preserve open space and protect the natural vegetation (Note: The Pelican River Watershed District Board has accepted the protective easement as shown on the plan) over 60% of the proposed development is open space and the buildings and residential/RV sites are not located in wetland areas as on steep slopes. The development preserves natural vegetation and respects topographic and geologic conditions.

2) Functionally Efficient Land Use

The Development has a functionally efficient design that utilizes less than 10% of the land area for roadways. A typical development may use 20% or more of its area for roadways.

3) Public Open & Recreational Space

The development retains 60% open space and 36.7 as useable open space. There is abundant open and recreational space in the development.

4) Streets & Utilities

The street and utilities are laid out in an efficient and effective manner which utilizes a small percentage of the total project area.

5) Compatibility With Adjacent Developments

The development is adjacent to a river on the north, a golf course on the south, Highway 59 to the west and the CP Railroad to the east. All of these features serve to buffer the development from the adjacent residential land uses. The residential/RV park fits in well and is compatible with the adjacent land uses.

6) Location & Land Suitability

The adjacent physical features buffer the development from the residential uses in the area. The area is served by Highway 59 which can adequately handle the traffic generated by the proposed project. The development will take place on sandy well-drained soils which are suitable for development.

· The plan meets 10 conditions required by Section 20 of the Zoning Ordinance for PUDs:

1. Site & Ownership

The proposed site is 42.5 acres and control of the property will be unified under a cooperative known as River

Hills Park Association

2. Compatibility

The proposed development is a 5 month per year seasonal residential use of the property (May 1^st to October

1^st). The project is adjacent to a golf course. The development is also buffered from existing residential

developments by a highway, railroad right-of-way and the Pelican River. The development is compatible with

the adjacent residential and recreational uses.

3. Density

The project will have 130 sites for RV park models, cabins and modular units. The A typical unit is 12 feet by 40 feet. The placement of 130 units on a 42.5 acre site equals 3.06 units per acre which is considered a low density development. The net density corresponds to the density allowed in an “R-2” District and the density allowed by the various Shoreland districts affecting this site.

4. Space Between Buildings

The space between buildings meets or exceeds the Zoning Ordinance Requirements.

5. Yards

The buildings and residential/RV sites are all spaced 30 feet or more from the periphery of the project site.

6. Open Space

The project will be developed and retain 60% as open space and 36.7% as useable open space.

7. Homeowner’s Association

According to the Common Interest Community Declaration, membership in the property owner’s association is mandatory. Mandatory membership in a homeowner’s association is a requirement of the Zoning Ordinance.

8. Parking

The development is proposing to provide two parking spaces at each residential/RV site and about 100 additional parking spaces. This exceeds the parking requirement stated in the Zoning Ordinance.

9. Traffic & Access

The project will have access via Highway 59 South. This highway will be able to serve the access needs of the development without putting undue stress on local roadways. Highway 59 is capable of accommodating the traffic generated by the development. Internal roads provide access to all areas of the development.

10. Sewer & Water

Municipal Sewer and Water will be provided to each residential/RV site in the proposed development. Based on the application and the findings stated above, the Planning Commission unanimously recommends preliminary planned unit development approval for the 130 unit River Hills RV Park (to include recreational vehicles, cabins, park model homes & modular homes) with the following conditions:

1) The Developer must complete preliminary and final plat approval and final PUD approval;

2) That all drives and parking lots be hard surfaced; Note, the two spaces for each RV site are allowed to

be grassed or pervious surfaced;

3) That no more than 5% of the land area be covered by buildings, not including RV’s;

4) All signage be in compliance with City Sign Regulations;

5) The Developer shall dedicate any required utility easements on the plat;

6) Setbacks: No buildings or RV shall be placed closer than 30 feet to the periphery of the site;

7) The Property Owner’s Association must have mandatory membership. Also, the association must

maintain common open spaces. Note: 50% of area must be preserved as open space including Shore

Impact Zone, 20% of total space must be useable open space. Property owner’s association documents

must be submitted to and approved by the City’s Community Development Director and the City

Attorney.

8) The Developer must obtain PRWD Permit and provide required stormwater easements;

9) Drives shall be constructed at 32 feet wide and a maintained road surface at least 24 feet wide;

10) Provide two parking spaces for each site plus at least one space for each 2 units for guest parking;

11) Connection to City sewer and water is required;

12) The Developer must obtain any required approval from the DNR for the tram from the inland marina to

the Pelican River;

13) No more than one dock is allowed. Only two temporary slips are allowed initially and in no case shall

there be more than 4 slips. The dock and slips are subject to any required DNR approval.

14) The Developer will provide a special protection easement a long the river that is acceptable to the City;

15) The Developer must obtain any required health department approval for the RV Park;

16) Each residential structure together with any permitted deck and accessory structure associated with it,

cannot exceed a total of 800 square feet. The accessory structure must be located in the area delineated

for residential sites on the approved plan.

17) No more than 25% of the development can be impervious surfaces.

Alderman Imholte complimented the Planning Commission, Developer, DNR and Watershed District for working out a compromise on this project but expressed his concerns on the handling of the project and suggested: 1) increased training for staff and Council on development issues; 2) no time frame on developments; and 3) more concern about the future of Detroit Lakes. Alderman Zeman informed the Council that Dick Pettit, developer, would be willing to pay the required financial fee to the Park Dedication Fund. Mayor Buboltz then called the question and the motion carried unanimously.

Pursuant to the recommendations of the Planning Commission that were submitted to the City Council and upon the recommendation of the Community Development Committee, a motion was made by Alderman Anderson, seconded by Alderman Brenk to approve the preliminary plat of River Hills RV Park at 14799 Highway 59 South subject to the following conditions:

1) That the Developer provide the required utility easements as shown on the preliminary plat;

2) That the Developer agrees to sign an assessment agreement for water and sewer utilities; and

3) That the Developer obtain the required Pelican River Watershed District permit prior to the City signing the final plat.

A motion was made by Alderman Imholte, seconded by Alderman Hannon to amend the motion adding a fourth condition that the Park Board and Planning Commission provide a recommendation on any park dedication requirement for this development by June 6, 2006. Alderman Imholte suggested that the conservation easement that is a condition may be considered as part of the requirement for park dedication. Alderman Tucker expressed his concern about requiring the Developer to give an conservation easement along the river. Mayor Buboltz then called the question on the amendment and the motion carried unanimously.

Upon the recommendation of the Community Development Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, ordering the improvements and preparation of plans and specifications for water and sewer to 130 permanent RV sites to be located on the Pelican River/River Hills Park contingent upon the Developer signing a Developer’s Agreement with the City. The motion for the adoption of the resolution was seconded by Alderman Brenk and carried without a dissenting vote. The Mayor declared the resolution adopted.

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 Anderson, seconded by Alderman Aune and carried, without a dissenting vote, approving the issuance of a variance to Paul Renner allowing a 14-unit apartment on a 38,175 square foot lot at 1107 West River Road.

Upon the recommendation of the Street and Park Committee, a motion was made by Alderman Imholte, seconded by Alderman Hannon, amending the agreement with the Minnesota Department of Transportation, Highway 10 Project, by reducing the amount of railroad ballast currently approved and approving ballast from Washington Avenue to approximately 400 feet East of Kris Street and request the Minnesota Department of Transportation to provide an alternative landscaping design that Burlington Northern Santa Fe Railroad has verbally approved. Scott Mehlhaff, 935 North Shore Drive, spoke in favor of the amendment. Mayor Buboltz then called the question and the motion carried unanimously.

Pursuant to the recommendation of the Community Development Committee, a motion was made by Alderman Tucker, seconded by Alderman Aune and carried, without a dissenting vote, introducing for its second reading and adoption Ordinance No. 289, an ordinance annexing 35.73 acres in the plat next to the plat known as Willow Springs.

Pursuant to the advertisement of bids for construction of street and utility improvements for Wenner Road and Airport Road – Phase 2, the following bids were received and opened on April 11, 2006, at 2:00 P.M.:

BIDDER BID AMOUNT

Lakes Paving dba Sherbrooke Asphalt $572,557.61

P.O. Box 515

Detroit Lakes, MN 56502

Central Specialties, Inc. 578,832.36

6325 County Road #87 SW

Alexandria, MN 56308

Gladen Construction, Inc. 598,797.82

40739 US Highway #71

Laporte, MN 56461

Sellin Bros., Inc. 649,573.05

P.O. Box 159

Hawley, MN 56549

Upon the recommendation of the Community Development Committee, a resolution was introduced by Alderman Tucker, who moved its adoption, accepting the bid of Lakes Paving, Inc., Detroit Lakes, Minnesota, in the amount of $572,557.61, for street and utility improvements on Wenner Road and Airport Road – Phase 2. The motion for the adoption of the resolution was seconded by Alderman Tollefson and carried without a dissenting vote. The Mayor declared the resolution adopted.

Pursuant to the request of the Becker County Board of Commissioners and the recommendation of the Community Development Committee, a motion was made by Alderman Tucker, seconded by Alderman Brenk and carried, without a dissenting vote, approving the construction of a parking facility on City property west of Washington Square Mall, subject to the plans being reviewed by the City Engineer. Mayor Buboltz encouraged the Becker County Board of Commissioners to make sure the parking ramp is aesthetically pleasing.

Pursuant to the request of Habitat for Humanity and upon the recommendation of the Community Development Committee, a motion was made by Alderman Tucker, seconded by Alderman Aune and carried, with one dissenting vote (Hannon) to waive the City’s share of the building permit fee for the construction of a new home.

Upon 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 Tucker, seconded by Alderman Tollefson and carried, without a dissenting vote, approving the issuance of a variance to Minnesota Warehouse Furniture allowing outside sales and display at 415 Washington Avenue with the following conditions:

1) That the display area not exceed 15,000 square feet and the westerly fence be a minimum of 63 feet from the westerly lot line; and

2) That the storage area be kept neat and orderly and well maintained.

Upon 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 Anderson, seconded by Alderman Brenk and carried, without a dissenting vote, denying the request of Lee Kvam to allow reconstruction of an existing cabin 28 feet from the ordinary high water mark at 858 South Shore Drive because there was no hardship demonstrated.

Upon the recommendations of the Planning Commission and upon the recommendation of the Community Development Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, approving the final plat of Ridgewood Estates. A motion for the adoption of the resolution was seconded by Alderman Aune. Community Development Director Larry Remmen noted that the roadway on the south end of the plat was changed so all of the utilities could be located outside of the gas line easement, that the Developer met preliminary plat requirements and has agreed to sign an assessment agreement and an agreement relative to paying the park dedication fee. Mayor Buboltz then called the question and motion adopting the resolution carried unanimously.

Upon the recommendation of the Community Development Committee, a resolution was introduced by Alderman Anderson, who moved its adoption, setting a hearing on June 6, 2006, at 5:00 P.M. to hear public comment on the proposed vacation of a portion of the public park in Lake Breeze Estates. The motion for the adoption of the resolution was seconded by Alderman Brenk and carried without a dissenting vote. Mayor Buboltz declared the resolution adopted.

Pursuant to the recommendation of the Street and Park Committee, a motion was made by Alderman Imholte, seconded by Alderman Tollefson and carried, without a dissenting vote, approving the Snow and Ice Control Policy for the City of Detroit Lakes. Alderman Imholte made note that there will be changes made to this policy from time to time.

Upon the recommendation of the Street and Park Committee, a motion was made by Alderman Tollefson, seconded by Alderman Heltemes and carried, without a dissenting vote, approving the street improvements to be made by the Minnesota Department of Transportation for the Highway 10 Project, from North Shore Drive to the Holiday Inn, to remain in place as permanent improvements.

Pursuant to the recommendation of the Street and Park Committee, a resolution was introduced by Alderman Tollefson, who moved its adoption, accepting the sidewalk repair/replacement survey, as presented, and setting a hearing for June 6, 2006, at 5:00 P.M. on the proposed curb, gutter, driveway and sidewalk improvements at various locations throughout the City of Detroit Lakes. 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 Street and Park Committee, a motion was made by Alderman Tollefson, seconded by Alderman Heltemes and carried, without a dissenting vote, denying the request of Hospice of the Red River Valley of Detroit Lakes to waive the Pavilion Rental Fee for July 23, 2006.

Pursuant to an agreement with Minnesota Flyers Gymnastics which requires City permission for alterations to the MFG Building and upon the recommendation of the Street and Park Committee, a motion was made by Alderman Hannon, seconded by Alderman Imholte, and carried, without a dissenting vote, to approve the Minnesota Flyers Gymnastics request to place air conditioning in the MFG Building.

Pursuant to the Street Commissioner obtaining quotes for a wheelchair lift at the Pavilion, the following quotes were received on April 24, 2006:

BIDDER BID AMOUNT

Otis Elevator Co. $12,200.00

112 North University Drive

Suite 130

Fargo, North Dakota 58102

Arrow Lift Accessibility 16,535.00

P.O. Box 34

Duluth, Minnesota 55801

Upon the recommendation of the Street and Park Committee, a motion was made by Alderman Hannon, seconded by Alderman Imholte and carried, without a dissenting vote, accepting the quote of Otis Elevator Co., Fargo, North Dakota, in the amount of $12,200.00, for a wheelchair lift at the Pavilion.

Upon the recommendation of the Street and Park Committee, a motion was made by Alderman Hannon, seconded by Alderman Imholte and carried, without a dissenting vote, approving the specifications and authorization to call for bids for a new ice re-surfacer for the Sports Arena.

Pursuant to the request of the Lakes Area Farmers Market and upon the recommendation of the Street and Park Committee, a motion was made by Alderman Hannon, seconded by Alderman Imholte and carried, without a dissenting vote, approving their request for use of the City Park for the 2006 Lakes Area Farmers’ Market from May to October, 2006.

Upon the recommendation of the Street and Park Committee, a motion was made by Alderman Aune, seconded by Alderman Anderson and carried, without a dissenting vote, approving the issuance of fertilizer licenses for Corey Saunders dba Midwest Green, Inc., Fergus Falls, Rob D. Ullyott dba R.U. Ready Lawn Care and Ritchie Just dba Valley Green of Detroit Lakes.

Pursuant to the recommendation of the Street and Park Committee, a motion was made by Alderman Aune, seconded by Alderman Anderson and carried, without a dissenting vote, approving the issuance of a private dock and boat lift license to Brian Korbel, 714 West Lake Drive, a semi-commercial dock license to D & J Investments of D.L./Pine to Palm Motel, 702 West Lake Drive and a commercial dock license to Boats, Inc./J & K Marine, 121 West Lake Drive, pursuant to their applications and fee.

Upon the recommendation of the Finance Committee, a motion was made by Alderman Brenk, seconded by Alderman Hannon and carried, without a dissenting vote, authorizing the sale of a 51’ x 150’ lot on the Highway 34 East Frontage Road (1110 Highway 34 East).

Pursuant to the recommendation of the Finance Committee and Public Utilities Commission, a motion was made by Alderman Brenk, seconded by Alderman Heltemes and carried, without a dissenting vote, authorizing the execution of Amendment No. 1 to the Cooperative Construction Agreement No. 89090R, City Cost and Maintenance of Railroad Grading, Drainage, Utility Pump Stations, Retaining Walls and Bridge No. 03510 Construction, with the Minnesota Department of Transportation, for Highway 10 improvements.

Upon the recommendation of the Finance Committee, a resolution was introduced by Alderman Brenk, who moved its adoption, authorizing the Detroit lakes Development Authority to make a levy, in the amount of $50,000.00 annually, for the purpose of repaying the principal on the Public Utility Fund advance to the Development Authority in the amount of $1,410,000.00 for the Detroit Lakes Community and Cultural Center. The motion for the adoption of the resolution was seconded by Alderman Anderson. Aldermen Heltemes, Hannon and Zeman spoke in opposition of the financing. Alderman Brenk spoke in favor of the financing. After discussion, Mayor Buboltz called the question and the motion for the adoption of the resolution carried with three dissenting votes (Hannon, Heltemes and Zeman).

Pursuant to the recommendation of the Finance Committee, a motion was made by Alderman Brenk, seconded by Alderman Anderson to approve the Management and Program Services Contract for the Detroit Lakes Community and Cultural Center. Upon the request of Alderman Brenk, City Administrator Richard Grabow briefly reviewed the changes to the Contract. Alderman Hannon recommended that when renewing the next contract, the Council needs more time to review it and make changes. Alderman Tucker spoke in favor of the contract with Holmes Center, Inc. Alderman Imholte advised that he was assured that the name of the corporation, Holmes Center, Inc., will be changed to Detroit Lakes Community and Cultural Center, Inc. Mayor Buboltz then called the question and the motion carried unanimously.

Pursuant to the recommendation of the Finance Committee, a resolution was introduced by Alderman Brenk, who moved its adoption, to not purchase excess liability “Umbrella” insurance coverage for 2006. 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 motion was made by Alderman Brenk, seconded by Alderman Imholte and carried, without a dissenting vote, to authorize the City Administrator to obtain an appraisal on Mark Olsen’s property by St. Clair Office Park where City utilities were incorrectly placed.

Pursuant to the recommendation of the Finance Committee, a motion was made by Alderman Aune, seconded by Alderman Anderson and carried, without a dissenting vote, accepting the work and authorizing final payment, in the amount of $47,809.07, to Feldt Plumbing and Heating, for street and utility improvements to Lake Avenue and bituminous overlay of Holmes and Summit Avenue.

Upon the recommendation of the Public Safety Committee, a resolution was introduced by Alderman Heltemes, who moved its adoption, designating the National Incident Management System (NIMS) as the basis for all incident management in the City of Detroit Lakes, Minnesota. 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.

Pursuant to the recommendation of the Public Safety Committee, a resolution was introduced by Alderman Heltemes, who moved its adoption, promoting the use of Intrastate Mutual Aid Agreements relative to the possibility of natural and other disasters of major size and destructiveness. The motion for the adoption of the resolution was seconded by Alderman Tollefson and carried without a dissenting vote. The Mayor declared the resolution adopted.

Upon the recommendation of the Public Safety Committee, a motion was made by Alderman Heltemes, seconded by Alderman Hannon and carried, without a dissenting vote, authorizing the sale of two used squad cars to the Elk River Ford Company.

Pursuant to the recommendation of the Public Safety Committee, a motion was made by Alderman Heltemes, seconded by Alderman Hannon and carried, without a dissenting vote, authorizing the attendance of Police Sergeant Tim Eggebraaten to the Minnesota State Patrol Sponsored School of Police Staff and Command January 8, 2007, through March 16, 2007, in Shoreview, Minnesota. Alderman Heltemes advised that this expense will be put into the 2007 Budget.

Upon the recommendation of the Public Safety Committee, a motion was made by Alderman Aune, seconded by Alderman Anderson and carried, without a dissenting vote, approving the issuance of a firework permit to Randall Herrman allowing him to sell fireworks in the WalMart parking lot for one year.

Pursuant to the recommendation of the Public Safety Committee, a motion was made by Alderman Aune, seconded by Alderman Anderson and carried, without a dissenting vote, approving the issuance of a parade permit to the VFW allowing them to conduct the Memorial Day Parade on May 29, 2006.

Upon the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Aune, seconded by Alderman Tucker and carried, with one dissenting vote (Hannon), to approve the issuance of special permits to Detroit Bowling, Inc. and SODL, Inc., dba Speedway to exceed the noise ordinance requirements pursuant to Section 505.031 for the period May 26, 2006, through September 4, 2006.

Pursuant to the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Aune, seconded by Alderman Tollefson and carried, without a dissenting vote, approving the issuance of a temporary on-sale 3.2 malt liquor license to the DL Softball Association for the 2006 Softball Season, pursuant to their application and $25.00 fee.

Upon the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Aune, seconded by Alderman Tollefson and carried, without a dissenting vote, approving the issuance of on-sale 3.2 malt liquor licenses for the Detroit Lakes Jaycees allowing them to sell and serve 3.2 malt liquor at the Pavilion relative to the Pavilion fund raising dance sponsored by the Detroit Lakes Community and Cultural Center June 2, 2006, and the Livingood/Bristlin Wedding on June 17, 2006.

Pursuant to the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Aune, seconded by Alderman Anderson and carried, without a dissenting vote, approving the issuance of a permit to consume alcoholic beverages at the Pavilion for the Vranicar/Ballard Wedding Reception on July 22, 2006, pursuant to their application and $25.00 fee.

Upon the recommendation of the Public Utilities Committee, a motion was made by Alderman Tollefson, seconded by Alderman Aune and carried, without a dissenting vote, approving the purchase of Ottertail Power service territory consisting of the annexed properties of Dean Chadbourne and Helen Taylor which adjoin Randolph Road in the amount of $469.00 for existing facilities, with the exception of transformers, and 11 mils per kwh for all kwh’s consumed by customers with in the territory for a period of ten years.

Pursuant to the recommendation of the Public Utilities Committee, a resolution was introduced by Alderman Tollefson, who moved its adoption, supporting the Big Stone II Power Project. 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.

Upon the recommendation of the Public Utilities Committee, a resolution was introduced by Alderman Tollefson, who moved its adoption, authorizing the execution of MnDOT Agreement No. 89091 with the State of Minnesota, Department of Transport-ation providing for payment to the City by the State the City’s reimbursable costs for relocating its electric and fiber optic utility facilities to be performed upon, along and adjacent to Trunk Highway No. 10 and under State Project No. 0302-64. 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.

A motion was made by Alderman Hannon, seconded by Alderman Aune and carried, without a dissenting vote, introducing for its second reading and adoption Ordinance No. 290, an ordinance amending Article III, Section 3.01 of the Administrative Code setting regular Council Meetings on the second Tuesday of each month.

A motion was made by Alderman Aune, seconded by Alderman Hannon and carried, without a dissenting vote, approving the issuance of plumbing licenses to Stanley Nelson dba Nelson Plumbing, Inc., Fergus Falls, Daniel K. Maloney dba Maloney’s Plumbing, Inc. and Troy Van Watermulen dba Watermulen Plumbing, New York Mills, pursuant to their applications, compliance bonds and $25.00 fee.

A motion was made by Alderman Aune, seconded by Alderman Anderson and carried, without a dissenting vote, approving the issuance of a cigarette license, for one year for Holiday Inn, 1155 Highway 10 East, pursuant to their application and $100.00 fee.

A motion was made by Alderman Aune, seconded by Alderman Anderson and carried, without a dissenting vote, that building permits for the month of April, 2006, in the estimated construction value of $6,834.341.29, be issued pursuant to their application 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.

A motion was made by Alderman Aune, seconded by Alderman Anderson 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 $2,012,743.80 as of April 30, 2006, 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 April 5, 2005, through May 2, 2006, in the amount of $2,313,687.30. 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.

The motion was made by Alderman Aune, seconded by Alderman Anderson and carried, without a dissenting vote, that the Chief of Police Reports, County Court Report for March, 2006, Fire Chief’s Reports, Liquor Store Manager’s Report and parking violations report be approved and placed on file.

The motion was made by Alderman Hannon, seconded by Alderman Brenk and carried, without a dissenting vote, approving the issuance of a cigarette license for one year to Detroit Lakes Tobacco, 601 Washington Avenue, pursuant to their application and $100.00 fee.

The motion was made by Alderman Brenk, seconded by Alderman Aune and carried, without a dissenting vote, approving the issuance of a fireworks permit to Pamida #122, 605 Highway 10 East allowing them to sell fireworks inside the Pamida Store for one year.

A motion was made by Alderman Brenk, seconded by Alderman Hannon and carried, without a dissenting vote, authorizing the attendance of the City Attorney at the Minnesota Association of City Attorney’s Legislative Update on June 22, 2006, in Brooklyn Center.

A motion was made by Alderman Brenk, seconded by Alderman Hannon and carried, without a dissenting vote, approving the renewal of the Turn in Poachers, Detroit Lakes, Minnesota, gambling licenses at Speak Easy, 1100 North Shore Drive and Sand Bar II, 880 Randolph Road.

A motion was made by Alderman Brenk, seconded by Alderman Aune and carried, without a dissenting vote, approving the issuance of a temporary on-sale intoxicating liquor license to the Eagles Club in conjunction with the Street Faire on June 2-3, 2006, pursuant to their application and $50.00 fee.

A motion was made by Alderman Hannon, seconded b Alderman Heltemes and carried, without a dissenting vote, approving the issuance of a permit to the Eagles Club allowing them to conduct a street dance in front of their Club on Holmes Street June 3, 2006, in conjunction with the Street Faire, such application having been recommended for approval by the Police Chief.

A motion was made by Alderman Brenk, seconded by Alderman Aune and carried, without a dissenting vote, approving a gambling application for Holmes Center, Inc., for a raffle on August 5, 2006, at the Detroit Lakes Community and Cultural Center.

There being no further business to conduct, by general consent, the Mayor adjourned the meeting. (6:55 P.M.)

Respectfully submitted,

Lynne Krieger

Asst. City Administrator