Government

Detroit Lakes, Minnesota

June 6, 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, June 6, 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, Fire Chief Jeffrey Swanson and Liquor Store Manager Bradley MacMaster.

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

Absent: Alderman Anderson.

There being no correction or additions to the minutes of the regular Council Meeting held May 2, 2006, and the special meeting of the City Council held May 9, 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 twice in the official newspapers that the City Council, this date, would hear public comment and give consideration to the proposed vacation of a portion of the public park in Lake Breeze Estates Addition, Mayor Buboltz called the hearing to order at 5:03 P.M.. Community Development Director Larry Remmen advised that the .051 of an acre of dedicated park land to be vacated will be replaced in a different location that is acceptable to the City in the plat of Lake Breeze Estates First Addition. There being no further comments, the Mayor closed the hearing at 5:03 P.M. and reconvened the regular Council Meeting.

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, providing for the vacation of the .051 acres of public park that was dedicated in Lake Breeze Estates Addition. The motion for the adoption of the resolution was seconded by Alderman Aune and carried without a dissenting vote. Mayor Buboltz 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 in the matter of construction of curb, gutter, driveway and sidewalk repair/replacement at various locations throughout the City, Mayor Buboltz called the hearing to order at 5:04 P.M. There being no oral or written comments or questions, Mayor Buboltz closed the hearing at 5:04 P.M. and reconvened the regular Council Meeting.

Upon the recommendation of the Street and Park Committee, a resolution was introduced, by Alderman Imholte, who moved its adoption, ordering the improvement of curb, gutter, concrete driveway and concrete walk for 2006. 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.

1) That the sidewalk extending onto the neighbor’s property be removed; and

2) That the 8’6” wide concrete pad located on the west side of the property be removed and replaced with a pervious surface.

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 Hannon and carried, without a dissenting vote, introducing, for its first reading, an ordinance rezoning 1554 and 1558 Randolph Road from an “R-2” One and Two Family Residential District to “R-3” Multi-Family Residential District and approving the issuance of a conditional use permit to Five Star Living of DL LLC allowing a 20-unit assisted living facility subject to the following conditions:

1) The facility shall have no more than 20 units;

2) The facility shall have all required Federal, State and local licenses;

3) The Developer shall obtain the required Pelican River Watershed Permit;

4) That the facilities be a single story and constructed as shown on the approved site plan.

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 Tucker, who moved its adoption, approving the final plat of Hill Top View subject to the developer paying the park dedication fee. 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 recommendations of the Planning Commission which were submitted to the City Council and upon the recommendation of the Park Board and the Community Development Committee, a motion was made by Alderman Tucker, seconded by Alderman Brenk that the protective easement meets the park dedication requirements for the River Hills Park Plat. Upon inquiry of Alderman Zeman, Community Development Director Larry Remmen advised that the protective easement that will be given to the City involves 4.6 acres or 10% of the development site. Alderman Zeman expressed his concern about being consistent with the developers relative to requirements of park dedication. 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 resolution was introduced by Alderman Tucker, who moved its adoption, approving the final plat of River Hills Park. The motion for the adoption of the resolution was seconded by Alderman Tollefson and carried without a dissenting vote. Mayor Buboltz 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 Tucker, seconded by Alderman Aune and carried, without a dissenting vote, giving final approval of River Hills Park Planned Unit Development to include recreational vehicles, cabins, park model homes and modular homes with occupancy from May 1 to October 1 in accordance with the approved site plans and subject to 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 along 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.

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 Brenk and carried, without a dissenting vote, approving the Long Lake Land Use Plan subject to adding to Page 17, Environmental Goals and Policies, Item I. Special consideration should be given to retain the integrity of Long Lake Park as a natural amenity and recreation area. Aldermen Imholte and Hannon thanked Community Development Director Larry Remmen and the Planning Commission for the work they did on the plan. Alderman Hannon also noted that if the Airport expands and Airport Road is closed, another access will be necessary.

Upon the recommendation of the Community Development Committee and pursuant to the request of Paul Renner, Developer, a motion was made by Alderman Aune, seconded by Alderman Brenk to reject the bids that were received May 9, 2006, for street and utility improvements to Timber Creek Third Addition Phase 2. Paul Renner, Lakes Country Developers, appeared before the Council objecting to paying for the required sewer depth. Paul Bender, 1842 Meadow Drive, objected to any changes to Muir Lane because of privacy issues. Mayor Buboltz then called the question and the motion carried unanimously.

Pursuant to the advertisement for bids for sanitary sewer and watermain improvements to Long Lake Road Phase 2 and Ridgewood Estates, the following bids were received and opened on May 30, 2006:

BIDDER BID AMOUNT

The Spruce Valley Corporation $3,147,754.70

39469 130^th Avenue NE

Middle River, Minnesota 56737

Sellin Bros., Inc. 3,162,604.20

P.O. Box 159

Hawley, Minnesota 56549

Quam Construction Co., Inc. 3,416,111.10

P.O. Box 48

Willmar, Minnesota 56201

S.J. Louis Construction, Inc. 3,467,817.34

P.O. Box 339

Waite Park, Minnesota 56387

Upon the recommendation of the Community Development Committee, a resolution was introduced by Alderman Aune, who moved its adoption, accepting the bid of The Spruce Valley Corporation, Middle River, Minnesota, in the amount of $3,147,754.70, for sanitary sewer and watermain improvements to Long Lake Road Phase 2 and Ridgewood Estates. 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.

Upon the recommendation of the Community Development Committee, a motion was made by Alderman Aune, seconded by Alderman Heltemes and carried, without a dissenting vote, approving Amendment No. 1 to MnDOT Agreement No. 88056, relative to State Project 0301-47, Trunk Highway 10, increasing the land acquisition of the Kentucky Fried Chicken Property from $1,000,000.00 to $1,100,000.00.

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 Heltemes and carried, without a dissenting vote, approving the issuance of a variance to Suzanne Rehr allowing a 50-foot setback from the ordinary high water mark and a variance to exceed the 25% impervious surface coverage allowing construction of a deck at 1085 North Shore Drive with the following conditions:

1) That the owner obtain the required Pelican River Watershed

District permit;

2) That the impervious surface coverage not exceed 30%; and

3) That the owners have a stormwater management plan in place prior to constructing the proposed deck.

Pursuant to Paul Renner’s comments, Aldermen Imholte, Brenk and Tucker stressed that the City of Detroit Lakes is not discouraging development. Alderman Zeman expressed his concerns relative to losing Mr. Renner’s business.

A motion was made by Alderman Imholte, seconded by Alderman Aune and carried, without a dissenting vote, that building permits for the month of May, 2006, in the estimated construction value of $2,715,199.56, 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.

Steve Lund and Pat Peterman appeared before the Council to report on activities of the Boys and Girls Club of Detroit Lakes. They informed the Council that the Boys and Girls Club Board of Directors would like to request that the reimbursement of $125.00 per month they receive from the Public Utilities be increased to help with their rising utility expenses. Mayor Buboltz referred their request to the Finance Committee for their recommendation.

Upon the recommendation of the Park Board and Street and Park Committee, a motion was made by Alderman Imholte, seconded by Alderman Hannon and carried, without a dissenting vote, approving plans and specifications and authorizing calling for bids to construction of the bandshell at the City Park, such bids to be received and opened on June 29, 2006, at 2:00 P.M..

Pursuant to the recommendation of the Street and Park Committee, a motion was made by Alderman Imholte, seconded by Alderman Aune and carried, without a dissenting vote, authorizing the advertisement for bids for construction of a storm water treatment pond for the Sports Arena pumping station outlet, such bids to be received and opened July 6, 2006, at 10:00 A.M.

Upon the recommendation of the Street and Park Committee, a motion was made by Alderman Imholte, seconded by Alderman Hannon and carried, without a dissenting vote, approving the 2006 Seal Coat Plan with Becker County. Alderman Imholte advised that $75,000.00 has been budgeted for such project.

Pursuant to the advertisement for proposals for the purchase of a new ice resurfacer for the Sports Arena, the following proposals were received and opened May 25, 2006, at 9:00 A.M.:

BIDDER BID AMOUNT

Doug Peters $75,761.83

Frank J. Zamboni & Co.

15714 Colorado Avenue

Paramount, CA 90723

Charles R. Mueller, Jr. 81,008.00

Charles R. Mueller & Sons, Inc.

75 Lafayette Street

Mount Clemens, MI 48043

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 proposal of Frank J. Zamboni & Co., Paramount CA, in the amount of $75,761.83, for a new ice resurfacer.

Upon the recommendation of the Street and Park Committee, a motion was made by Alderman Hannon, seconded by Alderman Heltemes and carried, without a dissenting vote, authorizing the City to enter into a Maintenance Agreement for Soccer Fields with the Detroit Lakes Youth Soccer Association for 2005 through 2007.

Pursuant to the recommendation of the Street and Park Committee, a motion was made by Alderman Hannon, seconded by Alderman Heltemes and carried, without a dissenting vote, to waive the Pavilion Rental Fee for “Tuesday’s in the Park” concerts in the event of bad weather.

Upon the recommendation of the Street and Park Committee, a motion was made by Alderman Imholte, seconded by Alderman Aune and carried, without a dissenting vote, approving the issuance of a semi-commercial dock license to Helen Trisko/Viking Motel Resort, 612 West Lake Drive.

Pursuant to the recommendation of the Street and Park Committee, a motion was made by Alderman Imholte, seconded by Alderman Aune and carried, without a dissenting vote, approving the Detroit Lakes Regional Chamber of Commerce’s request to block off Washington Avenue from Highway 10 to Frazee Street, with the exception of the Holmes Street intersection, for Crazy Days August 1, 2006, from 6:00 A.M. to 7:00 P.M.

Alderman Imholte read a letter from the Pavilion Preservation Committee to the Mayor acknowledging Street Commissioner Roy Estes’ efforts, dedication, commitment and advice on the Pavilion Restoration Project and also acknowledged the work of the Street and Park Department employees.

Upon the recommendation of the Finance Committee, a motion was made by Alderman Brenk, seconded by Alderman Imholte and carried, without a dissenting vote, accepting and approving the audited 2005 Financial Statement.

Pursuant to the recommendation of the Finance Committee, a resolution was introduced by Alderman Brenk, who moved its adoption, appropriating funding for the County State Aid Highway No. 22 and 24 street and storm sewer construction. 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 Finance Committee, a motion was made by Alderman Brenk, seconded by Alderman Tollefson and carried, without a dissenting vote,

to convey and quitclaim to the State of Minnesota real property in Becker County, Minnesota, described as follows:

That part of Lot 50, Auditor’s Plat, shown as Parcel 340P on Minnesota Department of Transportation right-of-way Plat Numbered 03-30 as the same is on file and of record in the Office of the County Recorder in and for Becker County, Minnesota.

Upon the recommendation of the Finance Committee, a motion was made by Alderman Brenk, seconded by Alderman Hannon and carried, without a dissenting vote, introducing for its first reading, an ordinance amending Section 404 of the Detroit Lakes City Code, Storm Water Utility, adding the following Vacant Unimproved Parcels (-0-), Combined Parcels (-0) and Rail Road Parcels (1.30).

Pursuant to the recommendation of the Tourism Bureau and the Finance Committee, a motion was made by Alderman Brenk, seconded by Alderman Imholte and carried, without a dissenting vote, authorizing the City to enter into a Purchase of Services Contract with the Detroit Lakes Regional Chamber of Commerce for Tourism Bureau Director services for the period July 1, 2006, through June 30, 2007.

Pursuant to the request of Police Chief Kelvin Keena and upon the recommendation of the Public Safety Committee, a motion was made by Alderman Heltemes, seconded by Alderman Tollefson and carried, without a dissenting vote, authorizing the Police Chief to proceed with hiring another police officer in anticipation of an upcoming resignation.

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 Police Department to sell the following forfeiture vehicles:

1) 1990 Toyota Celica

2) 1990 Ford Pickup Truck

3) 1995 Honda Civic

Pursuant to the recommendation of the Public Safety Committee, a motion was made by Alderman Heltemes, seconded by Alderman Tollefson and carried, without a dissenting vote, authorizing the Detroit Lakes Fire Department to loan their backup Hurst Tool to the Elbow Lake/Tulaby Fire Department.

Upon the recommendation of the Public Safety Committee, a motion was made by Alderman Imholte, seconded by Alderman Aune and carried, without a dissenting vote, authorizing the Chamber of Commerce to conduct a fireworks display on July 4, 2006 at the City Beach, pursuant to their application and fee.

Pursuant to the recommendation of the Public Safety Committee, a motion was made by Alderman Imholte, seconded by Alderman Aune and carried, without a dissenting vote, approving the issuance of permits to Dick Dunkirk for dances at the Pavilion on July 7 and 8, 2006, such dance permits having been recommended for approval by the Police Chief.

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, to contribute $200.00 from the Liquor Fund for the DL Baseball Association for the D.L. Baseball Program.

Upon the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Aune, seconded by Alderman Hannon and carried, without a dissenting vote, approving a $250.00 donation from the Liquor Fund to the Chamber of Commerce for the July 4^th fireworks display.

Upon the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Imholte, seconded by Alderman Aune and carried, without a dissenting vote, approving the issuance of permits to consume alcoholic beverages at the Pavilion for the Martin Escobar Party on August 5, 2006 and the Colleen Schaak Party on August 12, 2006.

Pursuant to the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Imholte, seconded by Alderman Aune and carried, without a dissenting vote, approving the following gambling applications submitted by the following:

1) Detroit Lakes Jaycees for bingo on July 13, 2006, at the Pavilion; and

2) T.I.P., Inc., for gambling at the Lakeside Tavern, 200 West Lake Drive.

Pursuant to the recommendation of the Liquor/Gambling Control Committee, a motion was made by Alderman Aune, seconded by Alderman Brenk and carried, without a dissenting vote, approving a temporary on-sale intoxicating liquor license to TFG, Inc., dba Lakeside Tavern allowing them to sell on-sale intoxicating liquor at the Pavilion on July 8, 2006, relative to the Dick Dunkirk Dance.

Upon the recommendation of the Public Utilities Committee, a resolution was introduced by Alderman Tollefson, who moved its adoption, establishing an Electric Utility Distributed Generation Tariff. 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 Mayor, a motion was made by Alderman Brenk, seconded by Alderman Aune and carried, without a dissenting vote, approving the appointment of Mara Bergen to a three-year term on the Detroit Lakes Community Foundation Board of Directors effective August 1, 2006.

Pursuant to the request of Becker County and upon the recommendation of the Mayor, a motion was made by Alderman Brenk, seconded by Alderman Hannon and carried, without a dissenting vote, appointing Alderman Zeman to the Becker County Canvassing Board for the 2006 Primary and General Elections

Upon the recommendation of the Mayor, a motion was made by Alderman Brenk, seconded by Alderman Aune and carried, without a dissenting vote, authorizing the attendance of Council and staff to the League of Minnesota Cities Annual Conference June 28-30, 2006, in St. Cloud.

Pursuant to the recommendation of the Mayor, a motion was made by Alderman Imholte, seconded by Alderman Brenk and carried, without a dissenting vote, authorizing the attendance of Council and staff to the Coalition of Greater Minnesota Cities Summer Conference in Red Wing, Minnesota, on August 2-4, 2006.

A motion was made by Alderman Imholte, seconded by Alderman Aune and carried, without a dissenting vote, approving the issuance of plumbing licenses to Feldt Plumbing LP and John G. Spalla dba Lakes Area Plumbing and Heating, Ogema, pursuant to their applications, compliance bonds and $25.00 fee.

A motion was made by Alderman Imholte, seconded by Alderman Aune and carried, without a dissenting vote, approving the issuance of a cigarette license, for one year, for Dipakkumar Josh dba Food-N-Fuel, 106 Barbara Avenue, pursuant to their application and $100.00 fee.

A motion was made by Alderman Imholte, 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

$, 2,229,701.97 as of May 31, 2006, be accepted, approved and placed on file.

Pursuant to the recommendation of the Finance Committee, a resolution was introduced by Alderman Imholte, who moved its adoption, approving the payment of claims paid by proper authorization covering the period May 3, 2006, through June 6, 2006, in the amount of $1,870,245.47. 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 Imholte, seconded by Alderman Aune and carried, without a dissenting vote, that the Animal Control Report, County Court Report for April, 2006, Chief of Police Reports, Fire Chief’s Report, Liquor Store Manager’s Report and parking violations report be approved and placed on file.

A motion was made by Alderman Brenk, seconded by Alderman Aune and carried, without a dissenting vote, approving a permit for Becker County Historical Society allowing them to conduct a dance at the Pavilion on September 9, 2006, such permit having been recommended for approval by Police Chief Kelvin Keena.

A motion was made by Alderman Brenk, seconded by Alderman Aune and carried, without a dissenting vote, approving a permit for the Detroit Lakes Community and Cultural Center allowing them to conduct a dance at the Pavilion on June 30, 2006, such permit having been recommended for approval by the Police Chief.

A motion was made by Alderman Aune, seconded by Alderman Hannon and carried, without a dissenting vote, approving a plumbing permit for Harold Askelson dba Askelson Heating and Plumbing, for seven months, pursuant to his application, compliance bond and $25.00 fee.

A motion was made by Alderman Aune, seconded by Alderman Hannon and carried, without a dissenting vote, approving the issuance of a fireworks permit for Lakeside Vending allowing them to sell fireworks in the K-Mart parking lot.

There being no further business to conduct, by general consent, the Mayor adjourned the meeting (6:03 P.M.)

Respectfully submitted,

Lynne Krieger

Asst. City Administrator