detroit lakes city council regular meeting...

December 12, 2017

DETROIT LAKES CITY COUNCIL

REGULAR MEETING AGENDA TUESDAY, DECEMBER 12, 2017

****************************************************************************** MISSION STATEMENT

Provide the citizens of Detroit Lakes with a responsible and responsive local government structure which insures the community’s public safety, health, quality of life, and general welfare

in a manner that is accountable to both current and future generations of citizens. ******************************************************************************

The items on my desk as of Wednesday, December 6, 2017, to be presented for discussion and action at the regular meeting of the City Council on Tuesday, December 12, 2017, at 5:00 PM in the Council Chambers of the City Administration Building, are as follows:

1. Pledge of Allegiance

2. MinutesApproval of the minutes of the Regular City Council Meeting held November 14, 2017

3. Consent AgendaAll items with an asterisk (**) are considered to be routine by the City Council and will beenacted by one motion. There will be no separate discussion of these items unless a CouncilMember or citizen so requests, in which event the item will be removed from the generalorder of business and considered separately in its normal sequence on the agenda

4. Public Hearings/Comments and Information

A. Public Hearing to give consideration to the granting of Off-Sale 3.2 liquor license, Holiday Stationstore, LLC dba Holiday Store #466, at 303 Frazee Street, Detroit Lakes, MN 56501, for the period of December 15, 2017 through December 31, 2017

1) Approval to granting an off-sale 3.2 liquor license to Holiday Stationstore,LLC dba Holiday Store #466

5. Community Development Committee (*Zeman, Boeke, Imholte, Marks Erickson / Meetson December 11, 2017 at 5:00 PM)

A. Consideration to a resolution approving the variance to allow less than the required 6 foot high screening between an “R-M” use and an “R-2” area for an apartment project at 226 Stone Creek Drive (Stonebrook Apartments, LLP)

B. Consideration to a resolution to approving the variance to allow a lot width of 106 feet instead of 135 feet for construction of a twin home at 616 West Lake Drive (Ron Royer)

December 12, 2017

C. Consideration to a resolution approving the conditional use permit for a helipad at

1027 Washington Avenue (Essentia Health/St. Mary’s)

D. Consideration to a resolution approving the variance for the subdivision regulation to allow a lot division by metes and bounds of a tract of less than 5 acres (Highway 10 and McHugh Road – Michael Gunderson)

E. Consideration to a resolution approving the Preliminary and Final Plat of Common Interest Community #86 – The Landing on Little Detroit

F. Consideration to a resolution approving the variance to allow a 37 ½ foot setback for the ordinary high water mark of a 12 foot 6 inch setback for the road right of way and a variance to allow 34% impervious surface coverage for construction of a home at 412 South Shore Drive

G. Consideration to a resolution approving the amended variance for Long Bridge Resort at 2000 Long Bridge Road

H. Consideration to a resolution approving the conditional use permit to allow a guest house at 1941 Long Bridge Road

I. Consideration to a resolution approving the Variance to allow construction of a home at 1941 Long Bridge Road

J. Consideration to a resolution approving the parking variance and a variance to allow a building height of 40 feet to construct a building in an “R-2” District at 150 Richwood Road

K. Consideration to approving the purchase of three parcels of land abutting Detroit

Mountain Recreation Area in the amount of $687,000.00 with funds received from the Legacy Grant (Memo)

L. Consideration to the second reading and adoption of Ordinance 416 amending City

Code 1004 Building Code relative to permits and fees for decks and platforms

M. **Acceptance of the Monthly Nuisance Report

N. **39 Applications for building permits have been received in the estimated construction value of $2,396,643.00 for November 2017

O. **Variance/Conditional Use Permit Status Report

6. Public Works Committee (*Schurman, Imholte, Sukke, Voss / Meets on Monday, December 11, 2017, at 3:00 PM)

December 12, 2017

A. Lee Kessler would like to appear before the Public Works Committee to discuss

removal of stop signs on the former Airport Road and the Longview Drive speed study

B. Consideration to a resolution accepting a preliminary engineering report and setting a public hearing for January 9, 2018 for Lake Forest 7th Addition Street and Utility Improvements

C. Consideration to a resolution authorizing a preliminary engineering report for sanitary sewer and watermain improvements for Broadlawn Estates

D. Consideration to a resolution authorizing a preliminary engineering report for sanitary

sewer and watermain improvements for County Road 131 E. Consideration to approving the 30-year lease agreement with the Boys & Girls Club

of Detroit Lakes (January 1, 2018 through December 31, 2048) F. Consideration to approving the AFSCME Union Contract for 2018 and 2019 G. Consideration to the request submitted by Destiny Loven to hold a wedding ceremony

on the City beach (by the Pavilion) on June 23, 2018 (She has rented the Pavilion for the reception.)

H. ** Consideration to a resolution authorizing execution of the Agency Delegated

Contracting Agreement with MnDOT

I. **Consideration to the request made by Kyle Braaten to have more than two animals at 1313 Lake Avenue (No complaints, requests three dogs)

J. **City Engineer’s Monthly Project Status Report K. **Acceptance of the Monthly Animal Control Report

7. Finance Committee (*Wenner, Schurman, Sukke, Zeman / Meets on December 12, 2017, at 3:30 PM)

A. Public discussion on the 2018 Budget and Tax Levy pursuant to the Truth & Taxation requirements at 6:01 PM

B. Consideration to a resolution adopting the final 2018 Budget and the final 2017 Tax

Levy collectible in 2018

C. Consideration to a resolution amending Section 210 of the City Code relative to adopting a residential plan review fee

D. **Consideration to a resolution to not waive the monetary limits on Municipal Tort

Liability for 2018

December 12, 2017

E. **Consideration to a resolution designating the official newspapers for 2018, and setting a publication date Pursuant to Minnesota Statutes

F. **Consideration to a resolution designating the depositories for City Funds for the Year 2018

G. **The City has received $438.88 from West Central Initiative/Hildred Shelland Long

Trust for beautification purposes

H. **Acceptance of the Trial Balance & Monthly Financial Reports I. **Approval of payment of claims

8. Public Safety Committee (*Boeke, Josephson, Wenner / Meets on December 11, 2017, at 4:30 PM)

A. Consideration to approving the LELS Union Contract for 2018 and 2019

B. **Acceptance of the Police Chief’s Monthly Report C. **Acceptance of the Fire Chief’s Monthly Report

D. **The City has received $4620.49 that was collected by Becker County Court

Administrator for October 2017 fines

9. Liquor/Gambling Control Committee (*Marks Erickson, Josephson, Voss / Meets on December 12, 2017, at 4:30 PM)

A. Consideration to approving the Sponsorship of the 2018 Let’s Go Fishing program

(2017 & 2016 Donations were $500)

B. **Approval of the issuance of a special on-sale intoxicating liquor license for Holiday Inn (Right Choice Lodging LLC) to sell and serve on-sale intoxicating liquor for the following events at the DLCCC/Holmes Theater pursuant to their application and fees:

December 2, 2017 – John Berry Show December 8, 2017 – New Standards December 14, 2017 – RRXS December 19, 2017 – All is Calm January 18, 2018 – Wonder Bread Years C. **Approval of the gambling application submitted by Whitetails Unlimited Detroit

Lakes Chapter to hold a raffle at the Holiday Inn, 1155 Highway 10 East on May 5, 2018

December 12, 2017

D. **Approval to the issuance of a Permit to Consume request made by Destiny Loven

and Wayne Moore for their wedding reception at the Pavilion on Saturday, June 23, 2018

E. **Liquor Store Manager’s Report

10. Public Utilities Commission (*Nansen, Sinclair, Sukke, Tucker, Perkins / Meets on December 5, 2017, at 7:30 AM) (NOTE DATE CHANGE)

11. City Administration Items

A. Consideration to a resolution designating polling locations for the 2018 election

B. Consideration to approving the revisions to the City’s personnel policy

C. **Approval of the following licenses through December 31, 2017 Plumbing Licenses: Reiland Plumbing LLC Wade’s Plumbing, LLC D. **Approval of the following Licenses for the period of January 1, 2018 through

December 31, 2018: Plumbing Licenses: Air Mechanical, Inc. Bjelde Plumbing, LLC Campbell Plumbing, Inc. Elite Plumbing Greens Plumbing/Modern Heating Januszewski Plumbing Plumbers, Inc. Reiland Plumbing LLC Sonnenberg Plumbing & Heating Tobacco License: Casey’s General Store #2219 Casey’s General Store #3656 Food-N-Fuel Holiday Stationstores, Inc. Miller & Holmes, Inc. Walmart Supercenter #2957 Zorbaz of Detroit Lakes Pawn Browker License: Lakes Sports Shop

December 12, 2017

Solid Waste License: Landmark Drainage MinnKota Enviroservices On-Sale Intoxicating & Sunday Liquor License: Brygge Taps & Taste El Loro Holiday Inn Hub 41 Lakeside Tavern Northside Bar & Café Roasted, LLC Shorewood Pub Speak Easy Voyageur Lanes Long Bridge Bar & Grill The Fireside The Lodge on Lake Detroit Zorbaz on the Beach On-Sale Intoxicating Liquor License: Sandbar II On-Sale Wine Licenses/Strong Beer & On-Sale 3.2 Malt Liquor: Chinese Dragon LaBarista Club On-Sale & Sunday Liquor License: American Legion - John Bridges Post 15 VFW - Jess Omundson Post #1676 Club On-Sale Liquor License: Fraternal Order of the Eagles #2342 Off-Sale Brew Pub License: Lakeside Tavern On-Sale 3.2 Malt Liquor License: China Buffet Off-Sale 3.2 Malt Liquor License: Casey’s General Store #2219 Casey’s General Store #3656 Food-N-Fuel Holiday Stationstores, Inc. Northside Bar & Café Walmart Supercenter #2957

12. Mayor’s Agenda Items

A. The term of Lee Kessler on the Planning Commission will expire on December 31,

2017. Mr. Kessler has served three 3-year term and is not eligible to be reappointed

December 12, 2017

B. The term of Robert Louiseau on the Planning Commission will expire on December

31, 2017. Mr. Louiseau has completed the seat vacated by Brenda Weiland and is eligible to be appointed

C. The term of Shawn Nygaard on the Planning Commission will expire on December

31, 2017. Mr. Nygaard has served one 3-year term and is eligible to be reappointed D. The term of Moriya Rufer on the Planning Commission will expire on December 31,

2017. Ms. Rufer has served one 3-year term and is eligible to be reappointed E. The term of Kim Bettcher on the Park Board will expire on February 28, 2018. Ms.

Bettcher has served one 3-year term and is eligible to be reappointed F. The term of Dan Josephson on the Park Board will expire on February 28, 2018. Mr.

Josephson has served three 3-year terms and is not eligible to be reappointed

G. The term of Marcus Lacher on the Park Board will expire on February 28, 2018. Mr. Lacher has served two 3-year terms and is eligible to be reappointed

H. The term of Jeff Perkins on the Public Utilities Commission will expire on February

28, 2018. Mr. Perkins has completed the seat vacated by Larry Bubolz and is eligible to be appointed

I. The term of G.L. Tuckers on the Public Utilities Commission will expire on February

28, 2018. Mr. Tuckers has served one 3-year term and is eligible to be reappointed

13. Items Not on the Agenda

A. City Administrator

B. Citizens C. Council Members

14. Information and Announcements

A. Becker County Highway Committee meeting on Tuesday, December 12, 2017 at 8:30 AM at the Becker County Highway Department (Please note a quorum of the Council may be present)

B. West Lake Drive Open House Encore Event on Monday, December 18, 2017 from 5:00 PM – 6:00 PM in the Council Chambers (1025 Roosevelt Avenue)

C. Public Informational Meeting regarding potential sanitary sewer and watermain improvements for Broadlawn Estates on December 21, 2017 at 5:30 PM in the Council Chambers (1025 Roosevelt Avenue)

December 12, 2017

D. The City of Detroit Lakes will host the next joint governance meeting on January 2, 2018 at 7:00 AM in Council Chambers.

2018 Joint Governance Meeting Dates April 3, 2018 – Chamber July 3, 2018 – DL Schools October 2, 2018 - County

E. 2018 Council Meeting Dates January 2, 2018 – Annual Meeting January 9, 2018 February 13, 2018 March 13, 2018 April 10, 2018 May 8, 2018 June 12, 2018 July 10, 2018 August 14, 2018 September 11, 2018 October 9, 2018 November 13, 2018 December 11, 2018

Sincerely,

/s/ KELCEY KLEMM Kelcey Klemm City Administrator

KK/gaf Enclosures

RESOLUTION NO. 2017-

IN THE MATTER OF ADOPTING FINDINGS OF FACT AND REASONS FOR APPROVAL FOR THE VARIANCE APPLICATION OF

STONEBROOK APARTMENTS, LLP 226 STONE CREEK DRIVE

FACTS

1) Stonebook Apartments, LLP is the owner of a parcel of land located at 226 Stone CreekDrive Detroit Lakes, Minnesota; and

2) The subject property is legally described as found in Exhibit A;

3) The owner has applied to the City for a Variance to allow less than the required 6 foothigh screening at 226 Stone Creek Drive as shown in Exhibit B;

4) The proposal would vary from zoning ordinance requirement by allowing planting ofvarious trees and shrubs instead of a 6 foot high fence or hedge between the “R-4”District and the “R-2” District at 226 Stone Creek Drive;

5) Following a public hearing on the application, the Detroit Lakes Planning Commissionhas recommended approval of the Variance on November 30, 2017;

6) The City Council of the City of Detroit Lakes reviewed the requested Variance at itsmeeting on December 12, 2017;

APPLICABLE LAW

7) Minnesota Statute Section 462.357, Subd. 6 provides;a. Variance shall only be permitted (a) when they are in harmony with the

general purposes and intent of the ordinance and (b) when the Variancesare consistent with the comprehensive plan;

b. Variances may be granted when the applicant for the Variance establishesthat there are practical difficulties in complying with the zoning ordinance.“Practical difficulties,” as used in connection with the granting of aVariance, means that (a) the property owner proposes to use the propertyin a reasonable manner not permitted by the zoning ordinance; (b) theplight of the landowner is due to circumstances unique to the property notcreated by the landowner; and (c) the Variance, if granted, will not alterthe essential character of the locality;

8) The City Zoning Ordinance allows Variances;

Exhibit 5A Return to Agenda

9) The City Ordinance requires a 6 foot high fence or hedge to provide screening between residential uses and other land use types.

CONCLUSION OF LAW

10) The variance is in harmony with the purpose and intent of the ordinance as the proposed vegetative plantings will break up the building massing and the parking lot areas. There are no fences in the front yards in this neighborhood and to require over 1800 feet of 6 foot high fences or vegetative screening would look out of place in the neighborhood.

11) The variance is consistent with the comprehensive plan as it would allow residential

development in a residential district and includes rain gardens, landscaping and walking paths.

12) The proposal will put the property to use in a reasonable manner as it will allow a more

attractive use of plantings and will be better to look at than a 6 foot high fence surrounding the property.

13) The circumstances are unique to the property as a 6 foot high barrier or solid fence of over 1800 feet in length will look out of place in the neighborhood and will not hide a 4 story building. Clusters of planting will do a better job of breaking up the building mass and provide a nicer look to the project.

14) The variances will maintain the essential character of the neighborhood by providing landscaping and screening in clusters. Following the City’s landscape requirements would essentially create a 6 foot high wall at the property lines and be more of a visual intrusion than the buildings and parking areas would be. The proposed landscape plan will soften the building and parking areas and make the project more attractive and more in keeping with the character of the area.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Detroit Lakes, Minnesota, hereby approves a Variance to allow planting of various trees and shrubs instead of a fence or hedge, subject to the following conditions:

1) That the owners install a 6 foot high screening fence along the west property line.

2) That the trees and shrubs be planted and maintained as shown on the approved site plan, dated September 22, 2017, and described as Option “C”;

Passed and adopted by the City Council of Detroit Lakes on the 12th day of December 2017. Approved this 12th day of December 2017.

Matt Brenk, Mayor

Glori French, City Clerk

EXHIBIT A

All of Lots 1, 2 and 3, Block Three of STONEBROOKE VILLAS, said plat is on file and of record in the office of the Registrar of Titles in Becker County, Minnesota.

And

All of Lots 4 and 5, Block Two of STONEBROOKE VILLAS FIRST ADDITION, said plat is on file and of record in the office of the Registrar of Titles in said County.

And

All of Lots 1, 2, 3, 4, 5, and 6, Block One of STONEBROOKE VILLAS SECOND ADDITION, said plat is on file and of record in the office of the Registrar of Titles in said County, and all of Boulder Circle as dedicated in said STONEBROOKE VILLAS SECOND ADDITION, now vacated per Torrens Document No. 010126, on file and of record in the Office of the Registrar of Titles in said County. PID #’s: 49.2523.522; 49.252.520; 49.2523.562; 49.2523.560; 49.2523.574; 49.2523.524; 49.2523.572; 49.2523.576; 49.2523.578; 49.2523.580; 49.2523.582

Exhibit B



RON ROYER 616 WEST LAKE DRIVE

FACTS

1) Ron Royer is the owner of a parcel of land located 616 West Lake Drive, Detroit Lakes,Minnesota; and


3) Ron Royer applied to the City for a Variance to allow a twin home on a lot that is 106feet wide in the front and 133 feet wide in the back at 616 West Lake Drive, as shown inExhibit B;

4) The proposal would vary from zoning ordinance requirement in that it would allowa twin home on a 106 foot wide lot instead of a 135 foot wide lot required by theShoreland Regulations;

5) Following a public hearing on the application, the Detroit Lakes Planning Commissionhas recommended approval of the Variance to allow a twin home on a 106 foot wide lotin the Shoreland District, at its meeting on November 30, 2017;


APPLICABLE LAW

7) Minnesota Statute Section 462.357, Subd. 6 provides;

a. Variance shall only be permitted (a) when they are in harmony with thegeneral purposes and intent of the ordinance and (b) when the Variancesare consistent with the comprehensive plan;


Exhibit 5B Return to Agenda


9) City Ordinance requires twin home lot in the Shoreland District on general development lakes to be 135 feet wide;

CONCLUSION OF LAW

10) The variance is in harmony with the purpose and intent of the ordinance as it will exceed the lot size requirement and only vary from the lot width requirement.

11) The variance is consistent with the comprehensive plan as it will allow a residential use

in a residential district.

12) The property will be put to use in a reasonable manner as it will redevelop a property with a single family home and seven cabins into a twin home. The lot is 22,525 square feet and the required lot size for a twin home is 17,500 square feet. The lot is 106 feet wide in the front and 133 feet wide in the back instead of the required 135 feet.

13) The circumstances are unique to the property as it is somewhat pie shaped with a narrow

width of 106 feet in the front and wider 133 feet of width in the rear.

14) The variance will maintain the essential character of the area as it will allow a property with a single family home and seven cabins to be redeveloped as a twin home which is a permitted use in the “R-2” zoning district were this property is located.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Detroit Lakes, Minnesota, that the variance is hereby approved to allow a twin home on a 106 foot wide lot at 616 West Lake Drive, subject to the following conditions:

1) That the owner construct and maintain a rain garden on the site.

2) That the owner obtain site plan approval from the Planning Commission prior to issuance of a building permit.

Passed and adopted by the City Council of Detroit Lakes on the 12th day of December, 2017. Approved this 12th day of December 2017. Matt Brenk, Mayor Glori French, City Clerk

EXHIBIT A

Tract 1: Lots Seventeen ( 17) and Eighteen ( 18) of E. G. Holmes' Subdivision of a Part of Government Lots 3 and 4 of Section 34, Township 139 North, Range 41 West of the Fifth Principal Meridian; also the Northeasterly part of Lot Nineteen (19) of said Holmes' Subdivision described as follows: Beginning at the southerly comer common to Lots 18 and 19 of said Subdivision, thence running southwesterly along the southeasterly line of said Lot 19 a distance of 8 feet; thence North 43 West to a point on the Northerly line of said Lot 19 which point is 31 feet southwesterly from the northerly corner common to said Lots 18 and 19, thence northeasterly 31 feet to the northerly comer of said Lots 18 sand 19, thence southeasterly along the line common to said Lots 18 and 19, to the point of beginning. Subject to right-of-way of highway passing through said Lots together with riparian rights. Also, including all that portion of the public highway and lake frontage in front of and contiguous to all of the above described when extended to the shore at Detroit Lake; Subject, however, to any right the public may have. LESS that part thereof described as follows: A tract of land located in Lots 17 and 18 of E. G. Holmes' Subdivision of a part of Govt. Lots 3 and 4 of Section 34, Twp. 139N., Rge. 41 W. of the 5th P.M. described as follows: Beginning at the SE'ly comer of Lot 17, the point of beginning; thence along the E'ly lot line of said Lot 17, a distance of 98'; thence SW'ly parallel to the S. lot lines of Lots 17 and 18, a distance of 101'; more or less to the W'ly lot line of Lot 18; thence SE'ly along the W'ly lot line of Lot 18 a distance of 98' more or less to the SW'ly corner of Lot 18; thence NE'ly along the S'ly lot line of Lots 17 and 18 to the SE'ly comer of Lot 17, the point of beginning. Subject to an easement to the adjoining parcel to the N, described as the original parcel above less the new parcel, for egress and ingress. The location of the easement is the current driveway which is located as follows: Commencing at the SE comer of Lot 17; thence along the S'ly lot line of Lot 17 for a distance of 28', the point of beginning; thence NW'ly parallel to the Eastern lot line a distance of 98' to the N'ly lot line of said parcel; thence SW'ly along the N'ly lot line a distance of 12'; thence SE'ly parallel to the Eastern lot line of Lot 17, a distance of 98' to a point on the southern lot line of Lot 17; thence along the S. lot line of Lot 17 a distance of 12' to the point of beginning. LESS that part thereof described as follows: A tract of land located in Lots 17 and 18 of E. G. Holmes' Subdivision of a part of Govt. Lots 3and 4 of Section 34, Twp. 139N., Rge. 41 W. of the 5th P.M. described as follows: Beginning at the SE'ly comer of Lot 17, the point of beginning; thence along the E'ly lot line of said Lot 17, a distance of 98'; thence SW'ly parallel to the S. lot lines of Lots 17 and 18, a distance of 101'; more or less to the W'ly lot line of Lot 18; thence SE'ly along the W'ly lot line of Lot 18 a distance of 98' more or less to the SW'ly comer of Lot 18; thence NE'ly along the S'ly lot line of Lots 17 and 18 to the SE'ly comer of Lot 17, the point of beginning. Subject to an easement to the adjoining parcel to the N, described as the original parcel above less the new parcel, for egress and ingress. The location of the easement is the current driveway which is located as follows: Commencing at the SE corner of Lot 17; thence along the S'ly lot line of Lot 17 for a distance of 28', the point of beginning; thence NW'ly parallel to the Eastern lot line a distance of 98' to the N'ly lot line of said parcel; thence SW'ly along the N'ly lot line a distance of 12'; thence SE'Iy parallel to the Eastern lot line of Lot 17, a distance of 98' to a point on the southern lot line of Lot 17; thence along the S. lot line of Lot 17

a distance of 12' to the point of beginning. Together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: except easements, right of way and other encumbrances of record. Tract 2: A tract of land located in Lots 17 and 18 of E. G. Holmes' Subdivision of a part of Govt. Lots 3 and 4 of Section 34, Twp. 139N., Rge. 41 W. of the 5th P.M. described as follows: Beginning at the SE'ly comer of Lot 17, the point of beginning; thence along the E'ly lot line of said Lot 17. a distance of 34, Twp. 139N., Rge. 41 W. of the 5th P.M. described as follows: Beginning at the SE'ly corner of Lot 17, the point of beginning; thence along the E'ly lot line of said Lot 17, a distance of 98'; thence SW'ly parallel to the S. lot lines of Lots 17 and 18, a distance oflOl'; more or less to the W'ly lot line of Lot 18; thence SE'ly along the W'ly lot line of Lot 18 a distance of 98' more or less to the SW'ly comer of Lot 18; thence NE'ly along the S'ly lot line of Lots 17 and 18 to the SE'ly comer of Lot 17, the point of beginning. Subject to an easement to the adjoining parcel to the N, described as the original parcel above less the new parcel, for egress and ingress. The location of the easement is the current driveway which is located as follows: Commencing at the SE comer of Lot 17; thence along the S'ly lot line of Lot 17 for a distance of 28', the point of beginning; thence NW'ly parallel to the Eastern lot line a distance of 98' to the N'ly lot line of said parcel; thence SW'ly along the N'ly lot line a distance of 12'; thence SE'ly parallel to the Eastern lot line of Lot 17, a distance of 98' to a point on the southern lot line of Lot 17; thence along the S. lot line of Lot 17a distance of 12' to the point of beginning. together with all hereditarnents and appurtenances belonging thereto, subject to the following exceptions: Covenants, Easements and Restrictions of Record, if any. PID # 49.1099.000 and 49.1099.001

Exhibit B


ADOPTING FINDINGS OF FACT AND REASONS FOR AN AMENDED CONDITIONAL USE PERMIT RELATIVE TO ALLOWING A HELIPAD AS PART OF

THE MEDICAL FACILITIES CAMPUS AT 1027 WASHINGTON AVENUE

ESSENTIA HEALTH/ST. MARY’S

FACTS

1) Essentia Health/St. Mary’s is the owner of a parcel of land located at 1027 WashingtonAvenue, Detroit Lakes, Minnesota;


3) The subject property is currently zoned “B-3”;

4) The medical facilities campus is an authorized Conditional Use;

5) The owner has applied to the City for an amended Conditional Use Permit relative toconstructing a helipad as part of the medical facilities campus at 1027 WashingtonAvenue;

6) Following a public hearing on the application, the Detroit Lakes Planning Commissionmade a recommendation regarding the Conditional Use on November 30, 2017;

7) The City Council of the City of Detroit Lakes reviewed the requested Conditional Use atis meeting on December 12, 2017;

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Detroit Lakes that the City Council makes the following findings:

1) A Conditional Use Permit to allow a medical facilities campus is allowed by the City’sZoning Ordinance;

2) The proposed project is in harmony with the use of the property as a medical facilitiescampus;

3) The proposed helipad does not after the essential character of the neighborhood as it willbe used for emergency transportation;

4) After holding the required public hearing the Planning Commission unanimouslyrecommended approval of the Conditional Use Permit to allow a helipad as part of themedical facilities campus at 1027 Washington Avenue;

Exhibit 5C Return to Agenda

5) The proposed helipad has a 45’ x 45’ landing area an 80’ x 80’ primary safety area and a 110’ x 110’ safety zone. The helipad would be raised 1 ½ to 2 feet above ground level;

6) The helipad will meet all FAA safety requirements;

7) The helipad will be setback 32 feet from the right of way of Washington Avenue;

8) The noise levels for the helicopters using this helipad is around 85 dB;

9) Sand, rocks, and other airborne debris are a risk with helipads;

10) The cost to place a helipad on the roof would be an additional $2,500,000.00.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Detroit Lakes based upon the foregoing findings, does hereby approve an amended Conditional Use to allow construction of a helipad as part of the Essentia Health/St. Mary’s medical facilities campus, subject to the following conditions:

1) That all the conditions from the Conditional Use Permit dated December 8, 2009, (Document # 582547) shall remain in full force and effect;

2) That the 15 parking spaces to be eliminated by the helipad shall be constructed as shown on the approved site plan prior to construction of the helipad;

3) The helipad shall meet or exceed all Federal Aviation Administration requirements for a helipad;

4) A 4 foot high fence shall be constructed along Washington Avenue and Rotary park.

Passed and adopted by the City Council of Detroit Lakes on the 12th day of December, 2017. Approved this 12th day of December 2017.

___________________________________ Matt Brenk, Mayor

_______________________________ Glori French, City Clerk

EXHIBIT A The Northerly 12 ½ feet of Lot 4 and the South Half of Lot 5, Block 1 of Holmes' Second Addition to the Townsite of Detroit (now Detroit Lakes), Minnesota according to the certified Plat thereof on file and of record in the office of the County Recorder in and for Becker County, Minnesota . Block No. 1, LOT NUMBERED SIX (6) AND THE NORTH HALF (N½) OF LOT NUMBERED FIVE (5)/, .ALL IN ….. HOLMES' SECOND ADDITION TO DETROIT (NOW DETROIT LAKES), MINNESOTA, according to the Certified Plat thereof on file and of record in the office of the Recorder in and for Becker County, Minnesota. LOT Numbered Seven (7), . . . . . .Block Numbered One (1), …HOLMES' SECOND ADDITION TO DETROIT (NOW DETROIT LAKES), MINNESOTA,…. according to the Certified Plat thereof on file and of record in the office of the Recorder in and for Becker County, Minnesota. Lot sixteen (16) …..LESS Northerly 48 feet thereof AND… LOT SEVENTEEN (17) ….. IN BLOCK ONE (1) OF HELMES SECOND ADDTION TO DETROIT (now Detroit Lakes), MINNESOTA according to the certified Plat thereof on file and of record in the office of the County Recorder in and for Becker County, Minnesota. Lot 8, Lot 9, Lot 10 and the northerly 45.00 feet of Lot 11 (as Measured at right angles to and being parallel with the north line of said Lot 11) all being in Block One of HOLMES SECOND ADDTION TO DETROIT, MINNESOTA, plat of which is on file and of record in the office of the Recorder of Becker County, Minnesota,

AND That part of Block Seven (7) of FRAZEE AND HOLMES ADDITION TO DETROIT, MINNESOTA, plat of which is on file and of record in the office of the Recorder of said County described as follows: Commencing at a found iron monument which designates the northeast corner of said Block Seven; thence South 00 degrees 01 minutes 03 seconds West 160.00 feet on an assumed bearing along the easterly line of said Block Seven to the point of beginning; thence South 89 degrees 12 minutes 23 seconds West 247.66 feet; thence South 00 degrees 11 minutes 08 seconds West 76.00 feet; thence South 89 degrees 12 minutes 23 seconds West 80.00 feet; thence North 00 degrees 11 minutes 08 seconds East 92.00 feet; thence South 89 degrees 12 minutes 23 seconds West 150.00 feet to the westerly line of said Block Seven; thence South 00 degrees 11 minutes 8 seconds West 159.84 feet along the westerly line of said Block Seven to the southwest corner of said Block Seven; thence North 89 degrees 05 minutes 34 seconds East 478.10 feet along the Southerly line of said Block Seven to the southeast corner of said Block 7; thence North 00 degrees 01 minute 03 seconds East 142.87 feet along the easterly line of said Block 7 to the point of beginning.

Lot Eleven (11) less the Northerly 45 feet and Lot Twelve, …. Block One (1),…. HOLMES SECOND ADDITION TO DETROIT, (NOW DETROIT LAKES), MINNESOTA….according to the certified Plat thereof on file and of record in the office of the County Recorder in and for Becker County, Minnesota. Lot Numbered Thirteen (13) of …… BLOCK NO.1,…HOLMES' SECOND ADDITION TO DETROIT (NOW DETROIT LAKES), MINNESOTA….according to the certified Plat thereof on file and of record in the office of the Register of Deeds in and for Becker County, Minnesota. The North Forty-eight (48) feet of Lot Numbered Sixteen (16), of BLOCK NO.1,…. HOLMES' SECOND ADDITION TO DETROIT (NOW DETROIT LAKES), MINNESOTA….according to the certified Plat thereof on file and of record in the office of the Register of Deeds in and for Becker County, Minnesota.

LOT NUMBERED FIFTEEN (15), in BLOCK NUMBERED ONE (1), of HOLMES' SECOND ADDITION to Detroit (Now Known as Detroit Lakes), Minnesota, according to the certified Plat thereof on file and of record in the Office of the Register of Deeds in and for Becker County, Minnesota. Lot Numbered Fourteen (14), ….BLOCK NO. 1, HOLMES SECOND ADDITION TO DETROIT (NOW DETROIT LAKES), MINNESOTA, according to the certified Plat thereof on file and of record in the office of the Register of Deeds in and for Becker County, Minnesota. PID #’s: 49.1354.000; 49.7055.051; 49.1371.000; 49.7059.000; 49.1018.000; 49.1019.000; 49.1023.000; 49.1024.000; 49.1020.000; 49.1190.000; 49.1193.000; 49.1211.000; 49.7059.010; 49.1199.000; 49.7064.900; 49.1384.000; 49.1380.000; 49.1353.000; 49.1351.000; 49.1359.000; 49.1358.000; 49.1355.000; 49.1354.001; 49.1357.000; 49.1356.000

Exhibit B



MICHAEL GUNDERSON HIGHWAY 10 EAST AND MCHUGH ROAD

FACTS

1) Michael Gunderson is the owner of a parcel of land located at Highway 10 East andMcHugh Road;


3) The owner has applied to the City for a Variance to subdivide a lot of less than 5 acres bya metes and bounds description;

4) The proposal would vary from zoning ordinance requirement by allowing a lot of lessthan five acres to be created by a metes and bounds description.



APPLICABLE LAW

7) Minnesota Statute Section 462.357, Subd. 6 provides;a. Variance shall only be permitted (a) when they are in harmony with the

general purposes and intent of the ordinance and (b) when the Variancesare consistent with the comprehensive plan;


8) The City Subdivision Ordinance allows Variances;

9) The City Subdivision Ordinance requires lots created by metes and bounds description tobe 5 acres or greater in size.

Exhibit 5D Return to Agenda

CONCLUSION OF LAW

10) The variance is in harmony with the purpose and intent of the ordinance as it will allow the subdivision of a lot in a way that will not split the lot with a road.

11) The variance is consistent with the comprehensive plan as it will allow a use consistent

with the areas zoning.

12) The variance will put the property to use in a reasonable manner as it will allow a sizable tract with a metes and bounds description and will not require a large lot that will be split by a road passing through it.

13) The circumstances are unique to the property as it is constrained by the Old Highway 10 right of way and by the easement for McHugh road.

14) The variance will maintain the essential character of the area by allowing the lot to be split allowing one lot west of McHugh road and one lot east of McHugh road. The lot east of McHugh road will be 3.96 acres in size.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Detroit Lakes, Minnesota, hereby approves a Variance to allow a lot split by metes and bounds description that creates a lot that is less than 5 acres. Passed and adopted by the City Council of Detroit Lakes on the 12th day of December 2017. Approved this 12th day of December 2017. Matt Brenk, Mayor Glori French, City Clerk

EXHIBIT A

Part of Parcel 3, S.P. 2-35-2

That part of the following described tract: Government Lot 4 of Section 7, Township 138 North, Range 40 West;

which lies within a distance of 50 feet on each side of Line l described below and northeasterly of a line run parallel with and distant 75 feet northeasterly of Line 2 described below;

Line 1. Beginning at a point on the southerly boundary of the Northeast Quarter of Section. 12, Township 138 North, Range 40 West, distant 393 feet; westerly of the southeast corner thereof; thence run southeasterly at an angle of 62 degrees 09 minutes 00 seconds from said southerly boundary for a distance of 1596.2 feet; thence deflect to the left on a l degree 00 minute 00 second curve, radius 5729.65 feet, for a distance of 1500 feet and there terminating;

Line 2. Beginning at a point on the east and west quarter line of Section 12, Township 138 North, Range 41 West, distant 393 feet west of the east quarter corner thereof; thence run southeasterly at an angle of 62 degrees 09 minutes 00 seconds from said east and west quarter line for 2088.6 feet; thence deflect to the left one O degree 30 minute 00 second curve (delta angle 5 degrees 19 minutes 00 seconds) for 1063.3 feet and there terminating;

Part of Parcel 4 S.P. 2-35-2

All that part of the fol1owing described tract:

Southeast Quarter of Southwest Quarter of Section 7, Township 138 North, Range 40 West, except railroad right of way;

which lies within a distance of 50 feet on each side of Line l described below and northeasterly of a line run parallel with and distant 75 feet northeasterly of Line 2 described below;

Line 1. Beginning at a point on the southerly boundary of the Northeast Quarter of Section 12, Township 138 North, Range 40 West, distant 393 feet westerly of the southeast corner thereof; thence run southeasterly at an angle of 62 degrees 09 minutes 00 seconds from said southerly boundary for a distance of 1596.2 feet; thence deflect to the left on a 1 degree 00 minute 00 second curve, radius 5729.65 feet, for a distance of 1900 feet and there terminating;

Line 2. Beginning at a point on the east end west quarter line of Section 12, Township 138 North, Range 41 West, distant 393 feet west of the east quarter corner thereof; thence run southeasterly at an angle of 62 degrees 09 minutes 00 seconds from said east and west quarter line for 2088.6 feet; thence deflect to the left on a 0 degree 30 minute 00 second

curve (delta angle 5 degrees 19 minutes 00 seconds) for 1063.3 feet and there terminating;

together with a strip of land 10 feet in width lying immediately adjacent to and northeasterly of the above described strip, beginning at a distance of 2893.0 feet southeasterly of the southerly boundary of the Northeast Quarter of said Section 12, (when measured along said Line 1) and extending southeasterly to the southerly boundary of said Section 7 and there terminating;

Parcel 5 S.P. 2-35-2

All that part of the two following described tracts:

1. East Half of Northwest Quarter of Section 18, Township 138 North, Range 40 West, except railway right of way;

2. That part of the Northeast Quarter of Section 18, Township 138 North, Range 40 West, south and west of the railway right of way;

which lies within a distance of 50 feet on each side of the following described center line:

Beginning at a point on the southerly boundary of the Northeast Quarter of said Section 18, distant 1142 feet westerly of the southeast comer thereof; thence run northwesterly at an angle of 58 degrees 08 minutes 00 seconds with said southerly boundary for a distance of 1210.7 feet; thence deflect to the left on a 2 degree 00 minute 00 second curve, delta angle 24 degrees 21 minutes 00 seconds, for a distance of 1217.5 feet; thence on tangent to said curve for a distance of 621.6 feet; thence deflect to the right on a 1 degree 00 minute 00 second curve, radius 5729.65 feet, for a distance of 900 feet and there terminating;

together with a strip of land 10 feet in width lying immediately adjacent to and northeasterly of the above described strip; beginning at a distance of 3218 feet northwesterly of the southerly boundary of the northeast quarter of said Section18 (when measured along the above described center line) and extending northwesterly to the northerly boundary of said Section 18 and there terminating; also together with a strip of land 15 feet in width lying immediately adjacent to and southwesterly of the first above described strip; beginning at a distance of 1064.l feet northwesterly of the southerly boundary of the Northeast Quarter of said Section 18 and extending northwesterly 300 feet (both measurements being along the above described center line) and there terminating; also together with a strip of land 65 feet in width lying immediately adjacent to and southwesterly of the first above described strip; beginning at a distance of 1052.l feet northwesterly of the southerly boundary of the said Northeast Quarter of Section 18, and extending northwesterly 360 feet (both measurements being along the center line of Trunk Highway No. 2);

Parcel 5A S.P 2-35-2

All that part of the following described tract:

That part of the Northeast Quarter of Section 18, Township 138 North, Range 40 West, described as follows: Beginning 16 chains west of the quarter post on the east line of said Section 18; thence west 6.31 chains; thence north 38 degrees 30 minutes 00 seconds east 5.86 chains; thence south 30 degrees 31 minutes 00 seconds east 5.28 chains to the place of beginning;

which lies within a distance of 50 feet on each side of the following described line:

Beginning at a point on the southerly boundary of Section 17, Township 138 North, Range 40 West, distance 228.4 feet easterly of the southwest corner thereof; thence run northwesterly at an angle of 49 degrees 51 minutes 00 seconds with said southerly boundary for a distance of 750.9 feet; thence deflect to the right at an angle of 15 degrees 54 minutes 00 seconds for a distance of 1869 feet; thence deflect to the left at an angle of 9 degrees 54 minutes 00 seconds for a distance of 900 feet and there terminating;

Part of Parcel 6 S.P. 2-35-2

All that part of the following described tract:

That part of the Southeast Quarter of Section 18, Township 138 North, Range 40 West, lying southwesterly of the railroad right of way;

which lies northeasterly of a line run parallel with and distant 50 feet southwesterly of Line 1 described below and northwesterly of Line 2 described below; Line 1. Beginning at a point on the southerly boundary of Section 17, Township 138 North,

Range 40 West, distant 228.4 feet easterly of the southwest corner thereof; run northwesterly at an angle of 49 degrees 51 minutes 00 seconds from said southerly boundary for a distance of 217.4 feet; thence deflect to the right on a 1 degree 30 minute 00 second curve (delta angle 15 degrees 54 minutes 00 seconds) for a distance of 1060 feet; thence on tangent to said curve for a distance of 1004.7 feet; thence deflect to the left on a 1 degree 30 minute 00 second curve (delta angle 9 degrees 54 minutes 00 seconds) for a distance of 660 feet; thence on tangent to said curve for a distance of 300 feet and there terminating;

Line 2. From a point on the south line of Section 17, Township 138 North, Range 40 West,

distance 228.4 feet east of the southwest corner thereof; run northwesterly at an angle of 49 degrees 51 minutes 00 seconds from said south section line for 1391.7 feet to the point of beginning of Line 2 to be described; thence deflect to the right at an angle of 90 degrees 00 minutes 00 seconds for 500 feet and there terminating;

Part of Northern Pacific Railway Company’s Agreement No. 3396

That portion of the 400 foot right of way of the Burlington Northern Inc. (formerly Northern Pacific Railway Company) extending across the Northeast Quarter of the Southeast Quarter, the South Half of the Northeast Quarter and the Northwest Quarter of the Northeast Quarter all in Section 18, Township 138 North, Range 40 West, Fifth Principal Meridian which lies southwesterly of a line drawn parallel with and distant 50 feet northeasterly, measured at right angles, from the center line of State Highway No. 2 renumbered 10; The State of Minnesota does also hereby convey its right to erect temporary snow fences upon the lands herein described and upon the lands adjacent thereto. No advertising devices in any form or size shall be constructed, placed or permitted to be constructed or placed upon the lands except: (1) signs, displays and devices advertising the sale or lease of the property and (2) signs, displays and devices advertising activities conducted on the property; the real estate shall not be used as an automobile junk yard or as a repository for rubbish in any form.


IN THE MATTER OF APPROVING THE PRELIMINARY AND FINAL PLAT OF COMMON INTEREST COMMUNITY #86 THE LANDING ON LITTLE DETROIT

WHEREAS, The plat Common Interest Community #86 – The Landing on Little Detroit has been presented for preliminary and final approval; and

WHEREAS, the Planning Commission recommends preliminary and final plat approval of Common Interest Community #86 – The Landing on Little Detroit Lakes subject to the following conditions:

1) That the owners pay the 6% park dedication fee of $10,974 prior to the City signing thefinal plat;

2) That the owners sign the required Stormwater Facilities Maintenance agreement prior tothe City signing the final plat.

3) That the owners are required to keep the interior of the cul-de-sac free of snow.

NOW THEREFORE BE IT RESOLVED By the Council of the City of Detroit Lakes, Minnesota, that the preliminary and final plat of Common Interest Community #86 – The Landing on Little Detroit is hereby approved subject to the above listed conditions.

Passed and adopted by the City Council of Detroit Lakes on the 12th day of December 2017.

Approved this 12th day of December 2017.

Matt Brenk, Mayor


Exhibit 5E Return to Agenda

RESOLUTION NO.


JUSTIN SCALLON 412 SOUTH SHORE DRIVE

FACTS

1) Justin Scallon is the owner of a parcel of land located at 412 South Shore Drive, DetroitLakes, Minnesota; and


3) The owner has applied to the City for a Variance to allow a 37.5 foot setback from theordinary high water mark, a 12 foot 6 inch setback from the road right of way, and 34%impervious surface coverage to allow construction of a 2 story home on a substandard lotas described in Exhibit B.

4) The proposal would vary from zoning ordinance requirement by allowing 37.5 footsetback from the ordinary high water mark, a 12 foot 6 inch front yard setback, and 34%impervious surface coverage;



APPLICABLE LAW




Exhibit 5F Return to Agenda

8) The City Zoning Ordinance allows Variances; 9) The City Ordinance requires principal structure to be setback 75 feet from the Ordinary

High Water Mark and 25% impervious surface coverage and not construction in the Shore Impact Zone for residential use in the Shoreland District. City ordinance also requires a 10 foot side yard setback and a 30 foot front yard setback.

CONCLUSION OF LAW

10) The variance is in harmony with the purpose and intent of the ordinance as it will allow construction of a single family residence on a substandard 5,227 square foot lot. The new home will be located outside of the Shore Impact Zone and will reduce the amount of impervious surface on the lot.

11) The variance is consistent with the comprehensive plan as it will allow a residential use in a residential district.

12) The proposal will put the property to use in a reasonable manner as it would allow construction of a three bedroom, two bathroom, livable home. The current home is not livable.

13) The circumstances are unique to the property as this is an existing substandard lot due to its overall size and depth. The lot is 5,227 square feet with an average depth of 89.75 feet.

14) The variance will maintain the essential character of the neighborhood as it will allow a single family home with setbacks similar to other homes in the area.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Detroit Lakes, Minnesota, hereby approves a Variance to allow a 37.5 foot setback from the Ordinary High Water Mark, a 12 foot 6 inch front yard setback and a 34% impervious surface coverage to allow construction of a two story home at 412 South Shore Drive, subject to the following conditions: Approval of this variance should include the following conditions:

1) That the project be constructed as shown on the approval site plan. 2) That the property not exceed 34% impervious surface coverage.

3) That the homeowner obtain the required Pelican River Watershed District permit prior to

issuance of a building permit.

4) That the owner provide a 12 inch high berm along the entire lot between the home and the lake.

Passed and adopted by the City Council of Detroit Lakes on the 12th day of December 2017.

Approved this 12th day of December 2017. Matt Brenk, Mayor Glori French, City Clerk

Exhibit A The North 4 ½ rods of the South 89 rods of Lot 6, Section 10, Township 138 North, Range 41 West of the 5th P.M., Becker County, Minnesota. PID # 49.0124.644

RESOLUTION NO. 2017


HANSON PROPERTIES OF LONG BRIDGE, LLC 2000 LONG BRIDGE ROAD

FACTS

1) Hanson Properties of Long Bridge, LLC is the owner of a parcel of land located at2000 Long Bridge Road, Detroit Lakes, Minnesota; and

2) The subject property is legally described as found in Exhibit A; and

Hanson Properties of Long Bridge, LLC has applied to the City for a Variance construct a building with a total area of 2,695 square feet on the main floor plus an area for an elevator of 10 x 10 feet plus a mechanical area. The second floor mezzanine shall be limited to the following:

A) A 784 square foot serving area.B) A 10 x 28 square foot area for bathrooms and storage.C) An uncovered 6 x 21 foot catwalk from the elevator to the serving area.D) A 10 x 19 foot walkway/seating area for access to a pervious stairway to

provide a second exit for the second story mezzanine area.

3) The proposal would vary from the ordinance requirement to allow an addition to abuilding with a 41 foot setback from the lake to allow 36% impervious surfacecoverage and a building height of 30 feet to allow a second story addition of 784square feet. The main floor addition will enclose 1276 square feet of existingseasonal space. The construction will not change the current setbacks on theproperty.

4) Following a public hearing on the application, the Detroit Lakes PlanningCommission has recommended approval of the Variance on November 30, 2017;

5) The City Council of the City of Detroit Lakes reviewed the requested Variance at itsMeeting of December 2017;

APPLICABLE LAW


a. Variance shall only be permitted (a) when they are in harmony with the generalpurposes and intent of the ordinance and (b) when the Variances are consistentwith the comprehensive plan;

Exhibit 5G Return to Agenda

b. Variances may be granted when the applicant for the Variance establishes that there are practical difficulties in complying with the zoning ordinance. “Practical difficulties,” as used in connection with the granting of a Variance, means that (a) the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; (b) the plight of the landowner is due to circumstances unique to the property not created by the landowner; and (c) the Variance, if granted, will not alter the essential character of the locality;


8) The City Ordinance requires a building setback of 75 feet from the Ordinary High

Water Mark 35% impervious surface coverage and a 25 foot building height;

CONCLUSIONS OF LAW

9) The requested Variance is in harmony with the purpose and intent of the ordinance as it will allow the continued use and development of a resort in an area zoned for such use; The project will result in a total building area of 2,695 square feet on the main floor plus an area for an elevator of 10 x 10 feet plus a mechanical area. The second floor mezzanine shall be limited to the following:

A) A 784 square foot serving area. B) A 10 x 28 square foot area for bathrooms and storage. C) An uncovered 6 x 21 foot catwalk from the elevator to the serving area. D) A 10 x 19 foot walkway/seating area for access to a pervious stairway to


The parking areas will be paved instead of gravel which will reduce silt that can run off into the lake during rain events. The project will also include stormwater treatments to reduce silt and phosphorus levels that run off into the lake;

10) The Variance is consistent with the Comprehensive Plan as it will allow a resort use

in an area that is zoned for such use. Also, the Comprehensive Plan states that “stormwater management issues are becoming increasingly more important.” This project will improve the stormwater situation on this site by including Stormwater Management facilities to reduce and treat stormwater runoff. People will be able to experience the beauty and uniqueness of Detroit Lakes at Long Bridge Resort.

11) The property will continue to be used as a restaurant which is a permitted us in this

district. The project will improve the property with more aesthetic building appearance, paved parking areas, and the additional stormwater treatment for the site;

12) There are very few commercially zoned properties of this size in the community. The proposed addition will be to an existing structure and the additions will be located outside of the required setback area.

13) Long Bridge Resort has been operating as a restaurant in this location of many years.

The proposed project will be an aesthetic improvement to the area and will not negatively impact the essential character of the neighborhood.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Detroit Lakes, Minnesota, hereby approves an amended Variance to allow an addition to a building with a 41 foot setback from the Ordinary High Water Mark and 36% impervious surface coverage to allow a 30 foot building height to construct a main floor, mezzanine addition, and a paved parking lot subject to the following conditions:

1) That the building not exceed 2695 square feet on the main level plus an area for an elevator 10 x 10 feet plus a mechanical area. The second floor mezzanine shall be limited to the following:

A) A 784 square foot serving area. B) A 10 x 28 square foot area for bathrooms and storage. C) An uncovered 6 x 21 foot catwalk from the elevator to the serving area. D) A 10 x 19 foot walkway/seating area for access to a pervious stairway to


2) That the project be constructed as shown on the approved site plan. 3) That the owner obtain a Pelican River Watershed District Permit prior to issuance of a

building permit.

4) That the impervious surface coverage not exceed 36%.

5) That the owner construct 70 paved parking spaces for the restaurant portion of the development.

6) That the building height not exceed 30 feet; except for the cupola which is 36 feet 8 inches.

7) That the owner obtain a land disturbance permit from the City and sign a Stormwater Facilities Maintenance Agreement prior to issuance of a building permit.

8) That the owner install a 12 inch high berm along the shoreline between the lake and the restaurant.

Passed and adopted by the City Council of Detroit Lakes on the 12th day of December 2017. Approved this 12th day of December 2017.

Matt Brenk, Mayor Glori French, City Clerk

Exhibit A Beginning at the northwest corner of said Government Lot 7; thence East on and along the North line of said Lot 7 a distance of 900 feet; thence South at right angles on and along a line perpendicular to the North line of said Lot 7, to the water's edge of Detroit Lake; thence in a westerly and northwesterly direction on and along the water's edge of Detroit Lake to the West line of said Lot 7, thence North on and along the West line of said Lot 7 to the point of beginning, subject to roads, highways and easements now located over and upon the tract herein described or of record. PID # 49.0124.640

Mech.Equip. PV

VARIANCERoof Level Plan

A-2.2Roof Level PlanScale: 1" = 4'-0"

Existing Building Verify

42"x42"Flue Extension for ExistingKitchen Roof Vent

Review Stair ConfigurationPrior To Release of Structural SteelShop Drawings And Stair Shop Drawings

Built In Table Under Landing

5' wide Steel Frame StairFabricated to StairInstitute Standards With 3" Rough Sawn TimberTreads & Open Risers

Flat Membrane Roof

Open Railing Covered Roof Top Patio

1'-6"

Existing Fence To Remain

Existing Structure To Remain

New Standing Seam Metal Roof System

New Standing Seam Metal Roof System

FINAL HELLICAL PEIR PLACEMENT SHALL BE COORDIANTED WITH EXISTING STRUCTURE PRIOR TO PLACEMENT

REFER TO STRUCTURAL DRAWINGS FOR DIMENSIONING AND STRUCTURAL GRID RELATIONSHIP TO EXISTING BUILDING FEATURES

29'-0"

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29'-0"

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81 SF ForUnisex Restroom-1Variance Request

81 SF ForUnisex Restroom-2Variance Request

97 SF ForStorage/MechanicalVariance Request

261 SF Added Covered Area Requestedby Variance ApplicationVariance Request

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ADA Lift Relocation and Walkway ExtensionRequestedby Variance Application

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Maximum Posted Seating 49

VARIANCE APPROVED & PERMITTED OCCUPPIED ROOF DECK AREA : 784 SF Net FLOOR AREAFor Upper RoofPatio Seating

Optional Uncovered Seating of 190 SF Requestedby Variance Request

72 SF ForLiftMechanicalVariance Request

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CIVIL ENGINEER:

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(701) *-*TBD

ELECTRICAL ENGINEER:

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CONSULTANT:

(xxx) xxx-xxxx

Consultant

REVISIONS:

Date: Reg. No.

Craig D. Helenske

Copyright 2017 Helenske Design Group LTD

HDG Job#: 16-1180Issue Date: Oct.25.2017Drawn By: CDHChecked By: CDH

#1656

VARIANCESubmittalRevised

30OCT17

June 1, 2017

(701) *-*TBD

(701) *-*TBD

architecture environments construction

304 10th Street NorthFargo, ND 58102t: 701.232.3271f: 701.232.3272

PO Box 547 Moorhead, MN 56560 t: 218.236.8593 f: 701.232.3272

helenskedesigngroup

www.helenske.com

architects of mind and matter

Arc h i t e ct

D.HelenskeCrai g

MinnesotaNo. 16656


IN THE MATTER OF ADOPTING FINDINGS OF FACT AND REASONS FOR APPROVAL OF A CONDITIONAL USE PERMIT APPLICATION OF

LINDA WIEDMANN 1941 LONG BRIDGE ROAD

FACTS

1) Linda Wiedmann is the owner of a parcel of land located at 1941 Long Bridge Road,Detroit Lakes, Minnesota; and


3) The owner has applied to the City for a Conditional Use Permit to build a home on a lotwith an existing guest cottage as shown in Exhibit B.

4) The proposed construction of a home on a lot with an existing guest cottage;

5) Following a public hearing on the application by the Detroit Lakes Planning Commissionon November 30, 2017, a motion was made to deny the request which failed to pass. Therequest is forwarded to the Council without a recommendation;


NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Detroit Lakes that the City Council makes the following findings:

1) A Conditional Use Permit to allow a home and guest cottage on a single lot is allowed bythe Zoning Ordinance.

2) The proposed project is in harmony with the surrounding neighborhood.3) The development does not aloter the essential character of the neighborhood as it is a

residential use in a residential neighborhood.4) The development will not exceed the 25% impervious surface requirement.5) The proposed project is a reasonable use of the property as it will allow a home and a

guest cottage on a 27,214 square foot lot with 320 feet of frontage.

NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Detroit Lakes, Minnesota, hereby approves a Conditional Use Permit to allow a guest cottage at 1941 Long Bridge Road subject to the following conditions:

1. The total impervious surface coverage on the site shall not exceed 25 percent.2. A 6 inch high berm shall be constructed along the entire shoreline between the home and

the ordinary high water mark.3. There shall be no additional structures, patios, or decks in the Shore Impact Zone.

Exhibit 5H Return to Agenda

4. That the project be constructed generally as shown on the approved site plan. Passed and adopted by the City Council of Detroit Lakes on the 12th day of December 2017. Approved this 12th day of December 2017. Matt Brenk, Mayor Glori French, City Clerk

EXHIBIT A That part of Gov't Lot 3 and that part of the SEl/4 NW l/4 of Sec. 10, Twp. 138N., Rge. 41 W of the 5th P.M., in Becker County, Minnesota, described as follows: Commencing at a found iron monument at the most westerly comer of Common Interest Community No. 24, DEADSHOT ESTATES CONDOMINIUM, said plan is on file and of record in the office of the Recorder of said County, said found iron monument formerly known as the southwesterly comer of Lot I , Block One of DEADSHOT ESTATES, said plat is on file and of record in the office of the Recorder of said County; thence South 23 degrees 58 minutes 59 seconds West 38.21 feet on an assumed bearing along the westerly line of said DEADSHOT ESTATES to a found iron monument at the most westerly corner of said DEADSHOT ESTATES; thence easterly along the southerly line of said DEADSHOT ESTATES on a curve concave to the north, having a central angle of 05 degrees 41 minutes 12 seconds and a radius of 440.00 feet, for a distance of 43.67 feet (chord bearing North 82 degrees 08 minutes 39 seconds East); thence easterly continuing along the southerly line of said DEADSHOT ESTATES on a curve concave to the north, having a central angle of 05 degrees 05 minutes 11 seconds and a radius of 440.00 feet, for a distance of 39.06 feet (chord bearing North 76 degrees 45 minutes 28 seconds East) to a found iron monument; thence North 74 degrees 12 minutes 53 seconds East 125.00 feet continuing along the southerly line of said DEADSHOT ESTATES to the point of beginning; thence continuing North 74 degrees 12 minutes 53 seconds East 17.42 feet along the southerly line of said DEADSHOT ESTATES to a found iron monument; thence northeasterly continuing along the southerly line of said DEADSHOT ESTATES on a curve concave to the northwest, having a central angle of 07 degrees 09 minutes 41.5 seconds and a radius of 2530.00 feet, for a distance of 316.23 feet (chord bearing North 70 degrees 38 minutes 02 seconds East) to a found iron monument; thence North 67 degrees 03 minutes 11 seconds East 5.19 feet continuing along the southerly line of said DEADSHOT ESTATES to a found iron monument; thence South 33 degrees 19 minutes 24 seconds East 33.55 feet along the southwesterly line of said DEADSHOT ESTATES to a found iron monument; thence continuing South 33 degrees 19 minutes 24 seconds East 25.05 feet along the southerly line of said Common Interest Community Number 24 DEADSHOT ESTATES CONDOMINIUM to a found iron monument; thence continuing South 33 degrees 19 minutes 24 seconds East 15 feet, more or less, along the southwesterly line of said Common Interest Community Number 24 DEADSHOT ESTATES CONDOMINIUM to the water's edge of Curfman Lake (Deadshot Bay); thence southwesterly along the water's edge of said Curfman Lake (Deadshot Bay) to the intersection with a line which bears South 36 degrees 10 minutes 20 seconds East from the point of beginning; thence North 36 degrees 10 minutes 20 seconds West 5 feet, more or less, to an iron monument; thence continuing North 36 degrees IO minutes 20 seconds West 129.14 feet to an iron monument; thence continuing North 36 degrees 10 minutes 20 seconds West 0.46 feet to a found iron monument; thence continuing North 36 degrees 10 minutes 20 seconds West 34.75 feet to the point of beginning. SUBJECT TO Longbridge Road (County State Aid Highway No. 24) right of way easement over, under and across that part of the above tract which lies within 33.00 feet of the southerly line of said DEADSHOT ESTATES. PID # 490124628


IN THE MATTER OF ADOPTING FINDINGS OF FACT AND REASONS FOR APPROVAL OF THE VARIANCE APPLICATION OF

LINDA WIEDMANN 1941 LONG BRIDGE ROAD

FACTS

1) Linda Wiedmann is the owner of a parcel of land located at 1941 Long Bridge Road,Detroit Lakes, Minnesota; and


3) The owner has applied to the City for a Variance to build a home on a lot as shown inExhibit B.

4) The proposal would vary from zoning ordinance requirement by allowing 40 foot setbackfrom the ordinary high water mark and a 17 foot front yard setback;



APPLICABLE LAW





Exhibit 5I Return to Agenda

9) The City Ordinance requires principal structure to be setback 75 feet from the Ordinary High Water Mark and a 30 foot front yard setback.

CONCLUSION OF LAW

10) The variance is in harmony with the purpose and intent of the ordinance as it will allow construction of a home with setbacks that are reasonable due to the narrowness of the lot.

11) The variance is consistent with the comprehensive plan as it will allow residential construction on an existing residential lot.

12) The proposal will put the property to use in a reasonable manner as it will allow construction of a home that will meet the impervious surface requirements and side yard setback. The project will require a variance from the setback from the ordinary high water mark and the road right of way due to the narrowness of the lot.

13) The circumstance are unique to the property as the lot is a lot of record with 25 feet of depth on one end and 129.4 feet of depth on the other. The lot has 320 feet of shoreline and an area of 27,214 square feet.

14) The variance will maintain the essential character of the neighborhood as it will allow construction of a home suitable to the location.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Detroit Lakes, Minnesota, hereby approves a Variance to allow a 40 foot setback from the Ordinary High Water Mark and a 17 foot front yard setback at 1941 Long Bridge Road subject to the following conditions:

1. The total impervious surface coverage on the site shall not exceed 25 percent. 2. A 6 inch high berm shall be constructed along the entire shoreline between the home and

the ordinary high water mark. 3. There shall be no additional structures, patios, or decks in the Shore Impact Zone. 4. That the project be constructed generally as shown on the approved site plan.

Passed and adopted by the City Council of Detroit Lakes on the 12th day of December 2017. Approved this 12th day of December 2017. Matt Brenk, Mayor Glori French, City Clerk

EXHIBIT A That part of Gov't Lot 3 and that part of the SEl/4 NW l/4 of Sec. 10, Twp. 138N., Rge. 41 W of the 5th P.M., in Becker County, Minnesota, described as follows: Commencing at a found iron monument at the most westerly comer of Common Interest Community No. 24, DEADSHOT ESTATES CONDOMINIUM, said plan is on file and of record in the office of the Recorder of said County, said found iron monument formerly known as the southwesterly comer of Lot I , Block One of DEADSHOT ESTATES, said plat is on file and of record in the office of the Recorder of said County; thence South 23 degrees 58 minutes 59 seconds West 38.21 feet on an assumed bearing along the westerly line of said DEADSHOT ESTATES to a found iron monument at the most westerly corner of said DEADSHOT ESTATES; thence easterly along the southerly line of said DEADSHOT ESTATES on a curve concave to the north, having a central angle of 05 degrees 41 minutes 12 seconds and a radius of 440.00 feet, for a distance of 43.67 feet (chord bearing North 82 degrees 08 minutes 39 seconds East); thence easterly continuing along the southerly line of said DEADSHOT ESTATES on a curve concave to the north, having a central angle of 05 degrees 05 minutes 11 seconds and a radius of 440.00 feet, for a distance of 39.06 feet (chord bearing North 76 degrees 45 minutes 28 seconds East) to a found iron monument; thence North 74 degrees 12 minutes 53 seconds East 125.00 feet continuing along the southerly line of said DEADSHOT ESTATES to the point of beginning; thence continuing North 74 degrees 12 minutes 53 seconds East 17.42 feet along the southerly line of said DEADSHOT ESTATES to a found iron monument; thence northeasterly continuing along the southerly line of said DEADSHOT ESTATES on a curve concave to the northwest, having a central angle of 07 degrees 09 minutes 41.5 seconds and a radius of 2530.00 feet, for a distance of 316.23 feet (chord bearing North 70 degrees 38 minutes 02 seconds East) to a found iron monument; thence North 67 degrees 03 minutes 11 seconds East 5.19 feet continuing along the southerly line of said DEADSHOT ESTATES to a found iron monument; thence South 33 degrees 19 minutes 24 seconds East 33.55 feet along the southwesterly line of said DEADSHOT ESTATES to a found iron monument; thence continuing South 33 degrees 19 minutes 24 seconds East 25.05 feet along the southerly line of said Common Interest Community Number 24 DEADSHOT ESTATES CONDOMINIUM to a found iron monument; thence continuing South 33 degrees 19 minutes 24 seconds East 15 feet, more or less, along the southwesterly line of said Common Interest Community Number 24 DEADSHOT ESTATES CONDOMINIUM to the water's edge of Curfman Lake (Deadshot Bay); thence southwesterly along the water's edge of said Curfman Lake (Deadshot Bay) to the intersection with a line which bears South 36 degrees 10 minutes 20 seconds East from the point of beginning; thence North 36 degrees 10 minutes 20 seconds West 5 feet, more or less, to an iron monument; thence continuing North 36 degrees IO minutes 20 seconds West 129.14 feet to an iron monument; thence continuing North 36 degrees 10 minutes 20 seconds West 0.46 feet to a found iron monument; thence continuing North 36 degrees 10 minutes 20 seconds West 34.75 feet to the point of beginning. SUBJECT TO Longbridge Road (County State Aid Highway No. 24) right of way easement over, under and across that part of the above tract which lies within 33.00 feet of the southerly line of said DEADSHOT ESTATES. PID # 490124628



BOYS AND GIRLS CLUB OF DETROIT LAKES 150 RICHWOOD ROAD

FACTS

1) The City of Detroit Lakes owns a parcel of land located at 150 Richwood Road, DetroitLakes, Minnesota; and


3) The owner has applied to the City for a Variance to build a 40 foot high building and aparking variance to allow 53 parking spaces to meet the parking requirement as describedin Exhibit B.

4) The proposal would vary from zoning ordinance requirement by allowing a 40 foot highbuilding in an “R-2” district which has a building height limit of 30 feet and 53 parkingspaces to meet the off-street parking requirements;



APPLICABLE LAW





Exhibit 5JReturn to Agenda

9) The City Ordinance limits building height to 30 feet in an “R-2” District and requires varying amounts of parking for the type of use proposed.

CONCLUSION OF LAW

10) The variance is in harmony with the purpose and intent of the Ordinance. The intent of the height restriction for the one and two family residence district is to ensure that residential properties are developed in a consistent height and scale; and that individual structures are not unusually tall, blocking light and/or views from neighboring lots. Only the gymnasium portion of the building will be 40 feet high.

The proposed Boys & Girls Club building is located on a site much larger than typical residential lots in the R2 district. The proposed building follows required setbacks, and should not create a negative impact on neighboring properties.

The intent of parking requirements prescribed in the ordinance is to ensure that ample parking is provided for a given use, and that auto parking does not overflow onto streets or become a nuisance to adjacent properties. The proposed parking lot is sized to accommodate anticipated demand for typical use of the facility; both for Club use and for community use. The proposed building/site are located in a unique location on Richwood Road and Highway 34, with no direct access from residential streets. We do not anticipate auto parking affecting nearby residential streets, or residential properties in the district.

11) The variance is consistent with the Comprehensive Plan as it will allow the expansion

of the Boys and Girls Club in Lyle Crovisier Memorial Park which is a permitted use in an “R-2” district.

The Comprehensive Plan states that non-residential uses permitted in the R2 District shall provide auxiliary services which contribute to the stability and long term value of the area for residential purposes.

The Comprehensive Plan also states that residents of Detroit Lakes desire more park and recreational facilities on the north side of the City.

Specifically, the Comprehensive Plan states that improvements should be made to the park, playground and recreational opportunities at the Boys & Girls Club and Lyle Crovisier Memorial Park – to better serve residents of the surrounding neighborhoods.

12) The proposal puts the property to use in a reasonable manner.

The property was given to the City of Detroit Lakes by the Crovisier family, with the intention that it be used for a public recreational ground, park, and parking space. The Crovisier family and the City of Detroit Lakes later agreed that a portion of the property should be used by the Boys & Girls Club to support and assist the youth of Detroit Lakes; and that such use was consistent with the public recreational use

described in the original deed.

The Boys & Girls Club has operated a facility in this location since 1964, sharing the site with Lyle Crovisier Memorial Park. The Club has expanded its facilities several times over the years, as the number of youth coming to the facility has increased, and as the need for youth support programs has grown.

The proposed project will substantially increase and improve the Boys & Girls Club operations on the site. It will also improve the recreational park and playground areas available to the public. These uses are a continuation of the community and recreational activities that have been in place on the site since 1955.

13) The circumstances are unique to the property.

While the total area of the site is 12.84 acres, the majority of the property is low ground or wet areas that aren’t suitable for building or public recreation uses. The currently developed area occupies less than 3 acres of space on elevated ground at the east side of the site. This developed area is on a hill, with grades that vary by over 20 feet in elevation from the high to low points.

As part of the proposed project, a substantial amount of earthwork will be performed to reduce the overall site grade; and to move excess fill material to the west, elevating some of the usable low ground. Doing so will increase the buildable area of the site, and create larger green/playground spaces that are easily accessible from the Club building & parking areas. The ‘usable’ area of the site will grow to approximately 4.5 acres. The proposed development will create fairly level ground for a larger building, suitable for the number of youth served by the Club. There will also be increased space for automobile parking and for auto/bus drop-off areas. The completed site will have larger playground areas, space for an outdoor sports court, and for open green/play areas. The result will be a balance between building area, parking spaces, and green space/parkland - that will maintain the site’s natural character - and improve the recreational and public use potential on the property.

14) The Variance will maintain the essential character of the locality. The site has been used since 1955 as a public park and recreation area; and since 1964 as a home for the Boys & Girls Club. The site provides much needed park and play areas for residents in north-side neighborhoods. The Club provides after school and summer programs for youth from the entire community. The proposed expansion and improvements are consistent with the current use and character of the site – and will benefit the entire City of Detroit Lakes. The new Club House will be constructed in the Lyle Crovisier Memorial Park and will meet the required setbacks. The building will be an asset to the community and will not alter the essential character of the neighborhood.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Detroit Lakes, Minnesota, hereby approves a Variance to allow a 40 foot high building and a parking variance to allow 53 parking spaces to meet the parking requirements, for the Boys and Girls Club of Detroit Lakes, at 150 Richwood Road, subject to the following conditions:

1) That the facility be constructed as shown on the approved site plan.

2) That the building be setback 30 feet from all lot lines.

3) That a landscape buffer at least 6 feet high be provided between the North and East lot lines and the building.

4) That the developer obtain a Land Disturbance Permit from the City prior issuance of a building permit.

Passed and adopted by the City Council of Detroit Lakes on the 12th day of December 2017. Approved this 12th day of December 2017. Matt Brenk, Mayor Glori French, City Clerk

EXHIBIT A

A ten and eight tenths (10.8) acre tract of land in the Southeast Quarter of the Northeast Quarter (SE¼NE¼) of Section Twenty-seven (27), Township One Hundred Thirty-nine (139) North, Range Forty-one (41) West of the Fifth (5th) Principal Meridian, more particularly described as follows, to-wit:

Beginning at a point which bears Southerly three hundred ninety-two (392.0) feet on and along the Easterly line of said SE¼NE¼ and Westerly thirty- two (32.0) rods parallel to the North line of said SE¼NE¼ from the Northeast Corner thereof; thence running Southerly five hundred (500.0) feet parallel to the Easterly line of said SE¼NE¼; thence Easterly three hundred forty-five (345.0) feet parallel to the North line of said SE¼NE¼; thence Southerly one hundred fifty (150.0) feet parallel to the East line of said SE¼NE¼; thence Westerly seventeen (17) feet parallel to the Northerly line of said SE¼NE¼; thence Southerly fifty (50.0) feet parallel to the Easterly line of said SE¼NE¼; thence Easterly one hundred fifty (150.) feet parallel to the Northerly line of the said SE¼NE¼ to a point fifty (50.0) feet distant Westerly from the Easterly line of the said SE¼NE¼; thence Southerly fifty (50.0) feet parallel to the Easterly line of said SE¼NE¼; thence Westerly three hundred (300.0) feet parallel to the Northerly line of said SE¼NE¼; thence Southerly one hundred seventy-one (171.0) feet, more or less, parallel to the East line of said SE¼NE¼ to the Southerly line of the said SE¼NE¼; thence running Westerly five hundred fifty-three (553.0) feet, more or less, on and along the Southerly line of the said SE¼NE¼ to a point which is four hundred seventeen and four tenths (417.4) feet Easterly from the Southwest Corner of the said SE¼NE¼; thence Northerly parallel to the Westerly line of the said SE¼NE¼ to a point which is thee hundred ninety-two (392.0) feet South of the Northerly line of said SE¼NE¼ thence running Easterly three hundred seventy four (374.0) feet, more or less, parallel to the Northerly line of said SE¼NE¼ to the point of beginning and there terminating; all according to Government Survey thereof;

Also all that part of the East seven hundred twenty (720.0) feet of Lot number Seventy-six (76) of Auditor 's Plat of Sections 27 and 34, in T 139 N, R 41 W of the 5th R.M. described as follows:

Beginning at a point on the Northerly line of the NE¼SE¼ of aforementioned Section 27 which bears Westerly three hundred fifty (350.0) feet from the Northeast Corner of said NE¼SE¼ thence running Westerly three hundred seventy (370.0) feet on and along the' Northerly line of said NE¼SE¼; thence South parallel to the Easterly line of the NE¼SE¼ of aforementioned Section 27 to the Southerly line of said Auditor's Lot 76; thence Easterly parallel to the Northerly line of the aforementioned NE¼SE¼ to an intersection with the North- westerly line of State Highway #34 as the same is now located and established; thence running Northeasterly by a curve on the Northwesterly line of the said State Highway #34 to a point which is three hundred fifty (350.0) feet West of the Easterly line of said NE¼SE¼; thence Northerly parallel to the Easterly line of said NE¼SE¼ to the point of beginning and there terminating.

The above described tracts are subject to the reservation of mineral rights by the United States of America; and is also subject to an easement to the Otter Tail Power Company of Fergus

Falls, Minnesota, permitting the said company to maintain electrical transmission lines over and on the above described tracts.

The above described premises to be held and used by the party of the second party for a public recreational ground, park and parking space and for public street purposes, and if not so used, the title to said premises shall revert to the party of the first part, her heirs and assigns. It is further understood and agreed that said premises shall be named and referred to as “The Lyle Crovisier Memorial Park”

30' setback

Entry Drive

Monument

Drop-off Lane

Flagpole

Main

Entry

30' setback

9 9

54 Auto Parking Spots

(10' x 20' typ.)

Playground

Kid's Club

Playground

Trash

Entry

Drive

Hard Court

Play Area

(basketball,

4-square, etc.)

9 99 9

Storm-water

Treatment

Storm-water Treatment

Open Play Area /

Green-space

HC HC

HC HC

T.

Club Building

29,650 sf

S H E E T N U M B E R :

architects

7914 stafford trail

savage, mn 55378

ph. 612.220.3435

S H E E T T I T L E :

C E R T I F I C A T I O N :

D A T E :R E V I S I O N :

I S S U E / T I T L E :

11.06.17

D A T E :

CITY SUBMITTAL

P R O J E C T N O :

D R A W N B Y :

C H E C K E D B Y : DTF

150 Richwood RoadDetroit Lakes, MN

P R E L I M I N A R YNot For ConstructionNovember 6, 2017

Site Plan - Proposed

A-3

scale: 1" = 60'

Memo

Re: Property Acquisition of Land Abutting DMRA

The City has obtained a Legacy Grant for land acquisition and trail development at the Detroit Mountain Recreation Area. The council is considering approval of expending $687,000 specified in the grant for land acquisition.

The City will be acquiring the following parcels at or below the appraised value.

Parcel ID # Size Purchase Price 10.0505.001 50 Acres $287,500 10.0506.000 57.48 Acres $237,500 10.0507.000 40 Acres $162,000

The summary page for the appraisals is attached as Exhibit A.

Exhibit 5KReturn to Agenda

ORDINANCE NO. 416

AN ORDINANCE AMENDING CITY CODE 1004 – BUILDING CODE RELATIVE TO PERMITS AND FEES FOR DECKS AND PLATFORMS

The City Council of the City of Detroit Lakes does hereby ordain:

Section 1: Amendment

Section 1004:03 of the City Code is amended as follows:

The following sentence is deleted in its entirety:

The permit exemption specified in Minnesota Rule 1300.0120 Subpart 4. A. (7) is not applicable to the Building Code of the City of Detroit Lakes and the building permits are required for all decks and platforms as defined in the Building Code and as defined in the Zoning Ordinance of the City of Detroit Lakes.

Section 2. Effective Date

This Ordinance shall take effect upon passage and publication as provided by Law.

Passed and adopted this 12th day of December, 2017.

Approved this 12th day of December, 2017.

__________________________________ Matt Brenk, Mayor

___________________________________ Glori French, City Clerk

First Reading: November 14, 2017 Second Reading: December 12, 2017

Exhibit 5LReturn to Agenda

of 4

MONTHLY NUISANCE REPORTS --------------------------------

Monthly Activity: 11/01/17-11/30/17 -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Color Legend: Ongoing or extended deadline set for public hearing set for inspection next month set for abatement

------------------------------------------------------------------------------------------------------------------------------- INCIDENT #: 13687 ORIG. DATE: 4/10/2017 INCIDENT CODE: BLD-BLD MAINTENANCE PROPERTY: 327 ELIZABETH ST

Incident Notes: Neighbor would like to stay anonymous, wanted to know if 327 Elizabeth was an approved rental. Caller doesn't like the bags set around the foundation of the building (garage) as it poses a fire hazard to other garages. Steve says it's been a unit for a very long time so it may possibly not have approval as a rental unit. Will set as priority rental inspection.

4/10/2017 Drove by, obvious garage to dwelling unit conversion. Will discuss with Larry upon inspection and whether this was a legal rental unit. 5/2/17 Inspection found non-compliant rental. 5/3/17 Kelcey and Larry want all rentals to follow code and zoning ordinance. Letter sent - Renters have until June 30th to find new living quarters and landlord is no longer able to rent garage as a dwelling at 327 Elizabeth St. 5/22/17 Joel Carlson (son of Laurel) met with Kelcey, Larry, and Priscilla to talk about options to rent property. Still have deadline of June 30th to move renters out of garage. 6/3/17: Letter from landlord stating they would like to appeal the revocation 6/22/17: Hearing notice for July 11, 2017 sent if renters still residing in garage after June 30, 2017. 6/30/17 Status: Renters still @ 327 Elizabeth St and 325 ½ Elizabeth St. 7/12/17 Status: Laurel Carlson appealed the rental revocation but was unable to provide evidence the unit was rented prior to the adoption of the Zoning Ordinance. City Council voted not to reverse rental revocation and gave tenant four months to find new lodging. Deadline is December 31, 2017. 7/28/17 Status: Met with Laurel Carlson regarding 327 rental. She found evidence the garage ‘cottage’ was used as a dwelling prior to 1967. She has requested to be heard by the council to have a new rental license granted for the unit as a legal non-conforming use. 8/8/17: Council granted New Rental License based on the evidence this property qualifies as a legal non-conforming use for the City Zoning Ordinance. The license is contingent the property is up to code by December 31, 2017. Will set up a time to re-inspect within the next two weeks to provide a complete list for Laurel Carlson to have brought up to code. ------------------------------------------------------------------------------------------------------------------------------- INCIDENT #: 13874 ORIG. DATE: 5/22/2017 INCIDENT CODE: BLD- GARBAGE/JUNK PROPERTY: 1036 WEST AVE

Incident Notes: Report of junk piles in yard, inspected and will send letter with hearing notice 6/30/17 Status: In Progress 8/11/17: Letter sent with Sept Hearing notice if not cleaned up by August 31 08/31/17: not cleaned up, set for Sept 12 public hearing 9/15/17: City Council voted to immediately abate property at Sept 12 hearing, hand delivered abatement notification and gave deadline of Oct 31st to have property cleaned up. Will schedule abatement for first week in November if not cleaned up by Oct 31. 10/16/17 Homeowner called for an extension of November 30th. Will allow to November 20th and schedule the abatement. ------------------------------------------------------------------------------------------------------------------------------- INCIDENT #: 13875 ORIG. DATE: 5/22/2017 INCIDENT CODE: BLD- GARBAGE/JUNK PROPERTY: 1125 WEST AVE

Incident Notes: Report of junk and cars piled on property. Will send letter with hearing notice 7/31/17 Status: in progress 8/11/17: Letter sent with Sept Hearing notice if not cleaned up by August 31 08/31/17: not cleaned up, set for Sept 12 public hearing 9/7/17: Spoke with homeowner, he will have it cleaned up today. Removed from agenda. 9/11/17: property not cleaned up. Hearing notice sent if not cleaned up by September 30, 2017

Exhibit 5M Return to Agenda

of 4

10/31/17 Council voted to abate – will send notification of abatement if not cleaned up by Nov 20th Status: Cleaned up ------------------------------------------------------------------------------------------------------------------------------- INCIDENT #: 13861 ORIG. DATE: 5/24/2017 INCIDENT CODE: BLD- GARBAGE/JUNK PROPERTY: 513 BOWLING AVE Incident Notes: CALLED LIVES AT 522 MAIN ST E AND FILED A COMPLAINT ABOUT 513 BOWLING AVE DOING REMODELING AND LEAVING A COUHC, CHAIR AND MATRESS ON YARD WHICH THE GARBAGE WILL NOT PICK UP. SHE WOULD LIKE THIS CHECKED OUT. THANKS LINDA 6/30/17 Status: in progress 7/28/17 Status: August 8th hearing notice sent if not cleaned up by July 31, 2017 8/11/17: was pulled off August agenda, will send hearing notice for September. Chief stopped and talked with the kids, suburban with mattresses moved but scaffolding and junk still sitting on the side of the house. 08/31/17: not cleaned up. Talked with homeowner who said he would clean up the bags and garbage but he was still using the scaffolding. No work seems to be happening in regards to the scaffolding. Will set for the Sept 12 public hearing. 9/15/17: City Council voted to immediately abate property at Sept 12 hearing, tried on multiple occasions to hand deliver abatement notification so it was then mailed with abatement date set for Oct 9th. Will schedule abatement for end of October if not cleaned up. ------------------------------------------------------------------------------------------------------------------------------- INCIDENT #: 13995 ORIG. DATE: 6/19/2017 INCIDENT CODE: BLD- NUISANCE COMPL PROPERTY: 912 ROSSMAN AVE Incident Notes: NEIGHBOR FILED A COMPLAINT ABOUT THE PICKUP IN BACKYARD NOT MOVED, CARS IN THE DRIVEWAY NEVER BEEN MOVED. ALSO THERE IS JUNK BEHIND THE HOUSE, BEHIND THE LILAC BUSHES WEST SIDE FRONT YARD. THANKS LINDA. 8/21/17: Letter sent with Sept hearing notice if not cleaned up by August 31 8/31/17: not cleaned up, set for Sept 12 public hearing 9/15/17: City Council voted to abate, hand delivered letter and spoke with homeowner who stated her son will help her clean it up. Will need until October 31, 2017 to get garbage cleaned up. Status: Deadline extended to mid-November to clean up all but the temporary structures. Those must come down by July 31, 2018 or the City will abate. Will keep on the list until property is in full compliance

------------------------------------------------------------------------------------------------------------------------------- INCIDENT #: 14190 ORIG. DATE: 07/18/17 PROPERTY: 400 WOODCREST BLVD Incident Notes: COMPLAINT REGARDING WORK BEING DONE WITH NO BUILDING PERMIT. RENTAL UNIT WILL REQUIRE INSPECTION - WILL SET AS PRIORITY 7/28/17 Status: In Progress 8/31/17 Status: Set for Rental Inspection Status: property is not registered. Sent letter to landlord in Tucson, AZ to register property as a rental by December 31, 2017 12/5/17 After playing phone tag for two weeks, finally spoke with property owner. She will have the property in compliance (removal of insulation and plastic) as well as registered as a rental by December 31, 2017. ------------------------------------------------------------------------------------------------------------------------------- INCIDENT #: 14395 ORIG. DATE: 9/06/2017 INCIDENT CODE: BLD-RENTAL PROPERTY: 1148 JACKSON AVE Incident Notes: Report of issues with water- plumbing backs up, roof is leaking, and a puddle appeared at the bottom of the stairs. Will require Rental Inspection with Dave. Status: Talked with HRA who took care of the issues. Property will go back into scheduled inspection schedule. ------------------------------------------------------------------------------------------------------------------------------- INCIDENT #: 14429 ORIG. DATE: 9/20/2017 INCIDENT CODE: BLD-BLD MAINTENANCE PROPERTY: CP RAILWAY @ WEST AND HOLMES Incident Notes: Complaint of abandoned building behind 1011 West Ave along RR tracks. 9/20/17 Inspected and there is a small white building engulfed in trees and brush. Sent an email via their website asking for a contact person. CPR Mailing address from Amy: 900-120 South 6th St Minneapolis, MN 55402. 9/26/17: in contact with Scott Kujawa 612-904-6143U.S Real Estate Rep ROW Suite 700, 120 South 6th St Minneapolis 55402

of 4

10/02/17: Spoke with Scott who noted he was in contact with the individual in charge of this region. He will pass on updates regarding a timeline as he receives them. 11/22/17 Emailed Scott for an update, said he was following up with CP Engineering for a timeline on the removal of the trash. -------------------------------------------------------------------------------------------------------------------------------INCIDENT #: 14430 ORIG. DATE: 9/20/2017 INCIDENT CODE: BLD- NUISANCE COMPL PROPERTY: 312 MAIN ST E

Incident Notes: Report of an abandoned building that is infested with rats. Neighbor has a daycare and is concerned about the health and safety impact this infestation on her property and the children in her care. Status: Inspected from the street and the exterior of home is in poor condition. Will send a Property Maintenance Regulations letter and inquire about building on the back of property. -------------------------------------------------------------------------------------------------------------------------------INCIDENT #: 14532 ORIG. DATE: 10/25/2017 INCIDENT CODE: BLD- NUISANCE COMPL PROPERTY: 1531 EAST SHORE DR

Incident Notes: THE NEIGHBOR CALLED WITH A COMPLAINT ABOUT THE DIVINE HOUSE PUTTING UP A METAL RAMPIN FRONT OF THE HOUSE THAT DOES NOT LOOK STURDY TO HER OR SAFE. SHE ASKED IF THERE WAS A BUILDING PERMIT FOR THIS. SHE SAID IT LOOKS LIKE ABOUT 20 FEET OUT IN FRONT. THANKS LINDA Status: Will inspect with Dave-------------------------------------------------------------------------------------------------------------------------------INCIDENT #: 14467 ORIG. DATE: 10/02/2017 INCIDENT CODE: BLD- GARBAGE/JUNK PROPERTY: 224 NORTH ST W Incident Notes: SHARON BECK (841-27160) FROM 220 NORTH ST W (YOU MAY USE HER DRIVEWAY TO SEE GARBAGE)IS FILING A OMPLAINT ABOUT THE GARBAGE AT 224 NORTH ST W THAT IS PILED UP BEHIND THIS GARAGE NEXT TO SHARONS FENCE. IT IS STARTING TO COME ON HER YARD AND THE NEIGHBOR NEXT TO HER IS COMPLAINING ALSO. THIS IS AN ON GOING THING. PLEASE CHECKK OUT THANKS LINDA Status: Inspected on a number of occasions. No garbage stacked for more than seven days. Seems the neighbor is adhering to the trash removal timeline set forth by the City. -------------------------------------------------------------------------------------------------------------------------------INCIDENT #: 14532 ORIG. DATE: 10/25/2017 INCIDENT CODE: BLD- NUISANCE COMPL PROPERTY: 1531 EAST SHORE DR Incident Notes: THE NEIGHBOR CALLED WITH A COMPLAINT ABOUT THE DIVINE HOUSE PUTTING UP A METAL RAMPIN FRONT OF THE HOUSE THAT DOES NOT LOOK STURDY TO HER OR SAFE. SHE ASKED IF THERE WAS A BUILDING PERMIT FOR THIS. SHE SAID IT LOOKS LIKE ABOUT 20 FEET OUT IN FRONT. THANKS LINDA Status:

-------------------------------------------------------------------------------------------------------------------------------INCIDENT #: 14563 ORIG. DATE: 11/08/2017 INCIDENT CODE: BLD- NUISANCE COMPL PROPERTY: 1756 EAST SHORE DR Incident Notes: Report of boat and dock storage being very messy. Status: -------------------------------------------------------------------------------------------------------------------------------INCIDENT #: 14574 ORIG. DATE: 11/15/2017 INCIDENT CODE: BLD- GARBAGE/JUNK PROPERTY: 708 RICHWOOD RD Incident Notes: THERE IS A COMPLAINT ABOUT THE TRAILER FULL OF GARBAGE (ABOUT 50 BAGS) AND SOME ON THE GROUND.NOTHING BEING PICKED UP. ALSO THE NEIGHBOR SAID THAT SOMEONE IS LIVING OR STAYING IN THE GARAGE. THE PERSON IN THE GARAGE WAS LIVING IN HIS VAN UNTIL IT GOT COLD. THE OWNER DUSTIN WANG 841-1894 DOES NOT LIVE HERE HIS GIRLFRIEND FELICIA JOHNSON IS HERE. PLEASE CHECK THANKS LINDA (THE PERSON DID NOT WANT HER NAME ON COMPLAINT.) Status: On 12/1/17, I spoke with a gentleman fixing the front door who told me the garbage would be removed the next day (12/2). -------------------------------------------------------------------------------------------------------------------------------INCIDENT #: 14588 ORIG. DATE: 11/22/2017 INCIDENT CODE: BLD- NUISANCE COMPL

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PROPERTY: 400 SOUTH SHORE DR Incident Notes: Report that the property owner lives in camper on the weekends and has a permanent porta potty onsite (currently winterized by wrapping a tarp around it). Status: Property owner has a shed on a property without a primary structure. Building permit issued in 2008 to replace an existing shed which allows this as a non-conforming use. Letter sent with hearing notice the temporary toilet needs to be removed by December 31 or property will be on the January agenda. ------------------------------------------------------------------------------------------------------------------------------- INCIDENT #: 14582 ORIG. DATE: 11/20/2017 INCIDENT CODE: BLD- NUISANCE COMPL PROPERTY: 1476, 1486, AND 1496 LONG LAKE DR Incident Notes: Neighbor called in a complaint regarding lots 1476, 86, and 96 on Long Lake Dr that they are not well maintained and storing items such as bricks and trash. ------------------------------------------------------------------------------------------------------------------------------- INCIDENT #: 14595 ORIG. DATE: 11/29/2017 INCIDENT CODE: BLD- NUISANCE COMPL PROPERTY: 300 SUMMIT AVE Incident Notes: NINA SMITH CALLED IN REGARDS TO 300 SUMMIT AVE. THEY ARE CONCERNED ABOUT THE CHIMNEY BEING SAFE, IT HAS BEEN WIRED UP AND NO STACK TO FLUTE OUT. THEY BURN WOODEN PALLETS FOR HEAT. ALLAN HONER OWNS HOUSE (HIS SISTER AND FAMILY LIVE HERE) THANKS LINDA ------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------------------------------------

Type of Permit Quantity Value Quantity Value Quantity Value Quantity Value

Single Family (New) 4 $1,360,000 35 9,248,012 35 8,236,250 45 11,441,744

Multi-Family Residential (New) 0 $0 1 4,500,000 0 0 1 1,850,000

Commercial Buildings (New) 0 $0 9 5,456,894 8 4,960,000 2 13,300,000

Residential Remodel & Repair 5 $33,300 152 1,815,766 175 2,943,593 211 3,139,323

Commercial Remodel & Repair 2 $862,500 57 5,615,449 44 4,228,323 46 3,435,270

Residential Garages (New) 3 $100,662 21 522,864 8 279,600 10 684,333

Shed 1 $1,000 14 43,490 12 33,500 15 21,568

Other Permits - Fence, Sign, 6 $39,181 148 1,234,285 115 1,803,206 67 511,506

TOTAL BUILDING PERMITS 21 $2,396,643 437 28,436,760 397 22,484,472 397 34,383,744

Nov-17 Jan- Nov 2017 Jan - Nov 2016 Jan - Nov 2015

BUILDING REPORT

December 12, 2017

Council Report

Exhibit 5NReturn to Agenda

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VARIANCE/CONDITIONAL USE PERMIT STATUS REPORT December 12, 2017

Sanford Health - 1219 Washington Avenue Amended 08-2015Request: To amend a Variance to allow 22 additional parking spaces to be provided on or

before November 1, 2017 Status: Applicant will complete parking spaces by November 1, 2018

Menards – 1465 Menard Drive 01-2016Request: Variance to allow an11 foot setback instead of 15 feet for construction of a 29

foot high accessory structure Status: The Variance was granted on January 12, 2016.

Robert Hanna- 1646 East Shore Drive 07-2016

Request: Variance to allow up to an 11 foot height for a water oriented accessory structure to remove the roof and replace it with a deck

Status: Variance was granted on July 11th 2016, to allow an existing water oriented accessory structure to be altered by removing the existing roof, adding 1 foot to the height of the side wall and constructing a flat roof and a roof top deck subject to the following condition:

1. That the owner will direct stormwater from the roof to a low spot on the lot to preventrun-off from going directly into the lake

Greg Mastrud – 408 Shorewood Drive 10-2016Request: Variance to allow the replacement of a 14 x 16 foot patio with a 14 x 16 foot

pervious deck with a 50 foot setback from the Ordinary High Water Mark and a Variance to allow a 12 x 30 foot 2 story addition to a home that is setback 57 feet from the Ordinary High Water Mark, 3.8 foot side yard and a 31.8% impervious surface coverage at 408 Shorewood Drive

Status: Approved a Variance to allow the replacement of a 14 x 16 foot patio with a 14 x 16 pervious deck with a 50 foot setback from the Ordinary High Water Mark and a Variance to allow a 12 x 30 foot two story addition to the road side of a home that is set back 57 feet from the Ordinary High Water Mark, a 3.8 foot side yard and a 31.8% impervious surface coverage at 408 Shorewood Drive, subject to the following conditions:

1. That the improvements be constructed according to the approved site plan;2. That the owner reduce the amount of impervious coverage from 31.9% to 31.8%;3. That the owner obtain the required PRWD Permit prior to issuance of a building permit;4. That the owner install and maintain a 12 inch high berm from lot line to lot line between

the home and the lake

Brian & Cindy Swanson – 1832 East Shore Drive 11-07-16Request: Variance to allow a 22’ front yard setback to construct an attached garage

addition at 1832 East Shore Drive

Exhibit 5OReturn to Agenda

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Status: Variance granted to allow a 22’ front yard setback to construct an attached garage addition subject to the following conditions:

1. That the improvements be constructed according to the approved site plan; 2. That the project not exceed 25% impervious surface coverage

Hanson Properties of Long Bridge – 2000 Long Bridge Rd 4-9-17

Request: Variance to allow 36% impervious surface coverage instead of 35%, a building height of 30’ instead of the required 25’ and a 41-foot setback for conversion for a screened in porch are to a four-season permanent structure and to build a second story addition to a restaurant

Status: Variance request granted with the following conditions: 1. That the building not exceed 2695 square feet on the main level and not more than 3479

square feet in total; 2. That the project be constructed as shown on the approved site plan; 3. That the owner obtain a Pelican River Watershed District Permit prior to issuance of a

building permit; 4. That the impervious surface coverage not exceed 36%; 5. That the owner construct 70 paved parking spaces for the restaurant portion of the

development; 6. That the building height not exceed 30 feet; 7. That the owner obtain a land disturbance permit from the City and sign a Stormwater

Facilities Maintenance Agreement prior to issuance of a building permit; 8. That the owner install a 12 inch high berm along the shoreline between the lake and the

restaurant

Swanson Repair – 1200 Randolph Rd 4-9-17 Request: Variance to allow a 30-foot front yard setback and a 2-foot side yard setback to

move an existing building and construct a 48’ x 40’ addition Status: Variance request granted with the following conditions:

1. That the building have a 30 foot front yard setback and a 2 foot side yard setback; 2. That the building be constructed as shown on the approved site plan; 3. That the owner construct the required 15 parking spaces on the site and that per the

Zoning Ordinance, the cars cannot back out directly onto the public street; 4. That the building be connected to City sewer and water

B & W Properties of DL, LLC – 1048 West Lake Drive 6-13-17

Request: Conditional Use Permit to allow a planned unit development with six single family homes at 1048 West Lake Drive

Status: Conditional Use Permit granted with the following conditions: 1. That the project not exceed 6 single family homes; 2. That the property be platted to show the proposed lot layout and provide for dedication of

utility easements and the West Lake Drive road right of way; 3. That the owner pay for a preliminary engineering report for water sewer and petition the

City of installation of this infrastructure; 4. That the Developer apply for a Land Disturbance Permit from the City and sign a

Stormwater Facilities Maintenance Agreement prior to issuance of a building permit;

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5. That the Developer obtain any permits required from the Pelican River Watershed District or the Minnesota Pollution Control Agency;

6. That the owner provide a development schedule for the project; 7. That the property owner association documents or deed restrictions provide that 50% of

the land area be preserved as open space and 20% of the land area be preserved as useable open space;

8. That 2 parking spaces be provided per unit and ½ space per unit be provided for guest parking;

9. That a Property Owner’s Association documents requiring mandatory membership be approved by the City prior to issuance of a building permit;

10. That all buildings be setback at least 25 feet from the private drive; 11. That the distance between buildings be a minimum of 10 feet; 12. That one centrally located dock with 6 slips be allowed; 13. That the drives shall be approved by the City Engineer and the Fire Chief prior to

issuance of a building permit; 14. That the impervious surface coverage not exceed 25%

Bob Spilman – 1502 Randolph Road 6-13-17

Request: Conditional Use Permit to allow a 22 unit condominium in the Shoreland District at 1502 Randolph Road

Status: Conditional Use Permit granted with the following conditions: 1. That development in the Shoreland District be limited to 22 units and a height of 39 feet; 2. That the property be platted to show the proposed lots and provide for dedication of the

new road alignment and utility easements; 3. That a portion of Lemmon Road be vacated; 4. That the Developer needs to obtain clear title to a 16.5 foot strip of land that is currently

of unknown ownership; 5. That the owner pay for a preliminary engineering report for water sewer and streets and

petition the City of the installation of this infrastructure; 6. That the new Lemmon Road be constructed to City standards prior to issuance of a

building permit or vacation of the old road right of way. 7. That the Developer apply for a Land Disturbance Permit from the City prior to issuance

of a building permit; 8. That the Developer obtain any permits required from the Pelican River Watershed

District; 9. That the project be constructed as shown on the approved site plan; 10. That property owner’s association documents or deed restrictions provide that 50% of

the land area preserved as open space and 20% of the land area be preserved as useable open space;

11. That 2 parking spaces be provided per unit and ½ space per unit be provided for guest parking;

12. That a property owner’s association documents requiring mandatory membership be approved by the City prior to issuance of a building permit;

13. That connection to City sewer and water is required; 14. That the Owner will preserve a significant portion of the vegetation for screening and add

plants for screening east of the realigned Lemmon Road;

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15. Any change in impervious surface over 20% requires Planning Commission approval;

Lester Brasch – 610 Roosevelt Ave 6-13-17 Request: Variance to allow a 22 foot front yard setback to construct a garage at 610

Roosevelt Avenue Status: Variance granted to allow a 22 foot front yard setback for construction of a garage

at 610 Roosevelt Avenue, subject to the following conditions: 1. That the building have a 22 foot front yard setback; 2. That the building be constructed as shown on the approved site plan;

James Wood – 2131 Memory Lane 6-13-17

Request: Variance to allow an accessory structure in the front yard on a double frontage lot at 2131 Memory

Status: Variance granted with the following conditions: 1. That the accessory structure be constructed as shown on the approved site plan; 2. That the lot not exceed 25% impervious surface coverage;

Justin Skarie – 303 Holmes Street West 6-13-17 Request: Variance to allow a 23 foot setback from the intersection for a curb cut entrance at

303 Holmes Street West Status: Variance granted to allow 10 parking spaces instead of the required 13 parking

spaces and a Variance to allow a 23 foot setback from the intersection for a curb cut entrance at 303 Holmes Street West, subject to the following conditions:

1. That the project be constructed as shown on the approved site plan; 2. That the owners obtain the required Pelican River Watershed District Permit if one is

required; 3. That the owner provide a 6 foot high hedge on the west side of his parking lot starting 20

feet south of the west lot line; 4. That the project allow a curb cut access 23 feet from the intersection instead of 40 feet;

Brian Clark and Barb Molberg – 1624 Long Bridge Rd 7-11-17

Request: Request for a Variance to build a 14 x 34.5 foot deck with a 60 foot setback from the Ordinary High Water Mark at 1624 Long Bridge Road

Status: The City Council hereby approves the requested variance, subject to the following conditions:

1) That the walkway attached to the deck be removed and replaced with a deck or pervious surface;

2) That the property owner provide on-site stormwater treatment for the impervious surface coverage on the lot that is in excess of 25 percent;

Hanzon Properties, Fireside LLC - 1462 East Shore Drive 08-08-17

Request: Request for a Variance to exceed the impervious surface requirement and to allow less than a 75 foot setback from the Ordinary High Water Mark to allow construction of an addition to a building, a deck and a greenhouse at 1462 East Shore Drive

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1) That the project be constructed as shown on the approved site plan; 2) That the impervious surface coverage on the site not exceed 41%; 3) That a total of 48 parking spaces be provided on site with the reduction of the serving

space; 4) That the owner provide the City with a survey showing that they comply with setbacks,

impervious surface coverage and parking space requirements; 5) That the owner provide vegetative screening (large trees and shrubs) of the deck, parking

areas, garbage dumpsters, propane tanks and other outdoor accessories abutting residential properties;

6) That the owner maintain the landscape areas in the Shore Impact Zone; 7) That the owner obtain a Pelican River Watershed District Permit prior to issuance of a

building permit; 8) That the owner provide the City with a landscape plan that is approved by City staff; 9) That the owner sign a Stormwater Facilities Maintenance Agreement prior to issuance of

a building permit; 10) That the owner provide for the capture of rain water from the roof;

Ben Osowski – 217 Union St E 10-10-17

Request: Request for a Variance to allow a 10 foot front yard setback for construction of a 24 x 32 foot garage at 217 Union Street East.


1) That the building have an 18 foot front yard setback; 2) That the building be constructed as shown on an approved site plan; 3) That the building not exceed 24 x 32 feet;

LAND DISTURBANCE PERMITS

Land Disturbance Permit 2014-02 Golden Bay Shores

Land Disturbance Permit 2015-01 Fairfield Marriott = Completed Land Disturbance Permit 2015-04 Long Bridge Heights = Completed

Land Disturbance Permit 2016-01 Antler Ridge: County Highway 22 Solmon Tract Land Disturbance Permit 2016-06 Absolute Ice = Completed Land Disturbance Permit 2016-07 R & G Subaru = Completed Land Disturbance Permit 2016-08 Clark Gables Cluster Association = Completed

Land Disturbance Permit 2017-01 Long Lake Business Center Land Disturbance Permit 2017-02 Becker County Jail Land Disturbance Permit 2017-03 Riverhills RV Park = Completed Land Disturbance Permit 2017-04 Mid-Minnesota Federal Credit Union: 1405 Hwy 10 West Land Disturbance Permit 2017-05 Airport

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Land Disturbance Permit 2017-06 Hanson Properties of Long Bridge: 2000 Long Bridge Rd Land Disturbance Permit 2017-07 Stonebrook Apartments: 226 Stone Creek Drive Land Disturbance Permit 2017-08 B&W Properties of DL, LLC: 1048 West Lake Drive


IN THE MATTER OF ACCEPTING A PRELIMINARY ENGINEERING REPORT AND SETTING A HEARING FOR

THE LAKE FOREST 7TH ADDITION STREET AND UTILITY IMPROVEMENTS

WHEREAS, Apex Engineering, submitted the Preliminary Engineering Report regarding the Lake Forest 7th Addition – Street and Utility Improvements. The Preliminary Engineering Report was received by the Council on December 12, 2017; and

NOW, THEREFORE, BE IT RESOLVED By the Council of the City of Detroit Lakes, Minnesota:

1. The Council will consider project in accordance with the report; and theassessment of abutting or benefitting property for all or a portion of the cost ofthe improvement pursuant to Minnesota Statutes, Chapter 429, at an estimatedtotal cost of the improvement of estimated cost of $1,806,877.

2. A public hearing shall be held on such street and utility improvements forLake Forest 7th Addition on the 9th day of January, 2018, in the CouncilChambers of the City Administration Building at 5:00 PM and the CityAdministrator shall give mailed and published notice of such hearing asrequired by law.



____________________ Matt Brenk, Mayor

_____________________________ Glori French, City Clerk


Preliminary Engineering Report Lake Forest – 7th Addition | Street & Utility Improvements City of Detroit Lakes, MN

Certification I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota.

______________________________ Jon A. Pratt Signature Typed or Printed Name

December , 2017 46267 Date License Number

December 2017

Apex Engineering Group, Inc. 920 McKinley Avenue

Detroit Lakes, MN 56501

CertificationLake Forest – 7th Addition | Street & Utility Improvements City of Detroit Lakes, Minnesota Apex Project Number 17.178.0159

__________________________________________________________________________________________________________________________ _____ _______reeeeeeeeeee

Peliminary Engineering Report: Lake Forest – 7th Addition | Street and Utility Improvements

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Table of Contents

1.0 INTRODUCTION AND BACKGROUND .......................................................................................... 1

1.1 Purpose and Scope of Report ................................................................................... 1

1.2 Project Location and Description of Existing Conditions ............................................ 1

1.3 Schedule .................................................................................................................. 3

1.4 Related Reports and Plans ....................................................................................... 3

2.0 EXISTING CONDITIONS AND PROJECT NEED ................................................................................ 3

2.1 Sanitary Sewer ......................................................................................................... 3

2.1.1 Lift Station ...............................................................................................................4

2.2 Water Distribution ................................................................................................... 4

2.3 Stormwater Collection and Treatment ..................................................................... 5

2.4 Street ...................................................................................................................... 5

3.0 PROPOSED IMPROVEMENTS ................................................................................................... 5

3.1 Design Standards ..................................................................................................... 5

3.2 Sanitary Sewer ......................................................................................................... 6

3.3 Water Distribution ................................................................................................... 6

3.3.1 Residual Pressure with Fire Flow Demands................................................................6

3.3.2 Typical (Domestic Demand) Pressures .......................................................................7

3.4 Service Laterals to Potential Twin Home Lots & Undeveloped Property .................... 7

3.5 Stormwater Collection and Treatment ..................................................................... 7

3.6 Site Grading ............................................................................................................. 9

3.7 Street ...................................................................................................................... 9

3.8 Lighting .................................................................................................................. 10

4.0 OTHER DESIGN AND CONSTRUCTION CONSIDERATIONS ............................................................... 10

4.1 Permits .................................................................................................................. 10

4.2 Easements and Plat Considerations ........................................................................ 10

5.0 OPINION OF COST SUMMARY ............................................................................................... 11

6.0 FINANCING ...................................................................................................................... 11

6.1 Assessable Costs .................................................................................................... 12

6.2 Allocation of Assessable Costs ................................................................................ 13


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List of Figures

Figure 1: Project Location Map .................................................................................................................... 2

List of Tables Table 1: Preliminary Project Schedule ......................................................................................................... 3 Table 2: Opinion of Cost – Proposed Improvements ................................................................................. 11 Table 3: Distribution of Project Costs ........................................................................................................ 13 Table 4: Estimated Special Assessments .................................................................................................... 14

Appendix

Appendix A – Exhibit Drawings


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1.0 Introduction and Background

Lake Forest is an 88-acre residential subdivision that is located in the southern portion of the corporate limits of the City, south of South Shore Drive and east of 270th Avenue. The subdivision is owned and being developed by Marty Solmon (Developer). The first phases of the development were initiated in 2002 with construction of streets and underground infrastructure to the initial phases of the subdivision. Additional phases of the subdivision have been developed and constructed over the last 15 years as lots have sold and developed with residential housing. Currently, 59 acres of the subdivision, containing approximately 110 lots, have been developed with municipal infrastructure. The Developer is currently planning to develop the remaining and final 29 acres (7th addition) of the subdivision. The preliminary plat of the final (7th) addition would provide another 39 residential lots within the subdivision. The developer intends to construct both single family and twin homes within the 7th addition area. The Developer has petitioned the City to prepare a Preliminary Engineering Report (PER) to provide further information and detail related to the necessary infrastructure improvements such as streets, stormwater, sanitary sewer, and watermain. The City of Detroit Lakes would design, construct (by contracting), and own the required infrastructure.

1.1 Purpose and Scope of Report The City of Detroit Lakes has authorized Apex Engineering Group to develop a Preliminary Engineering Report (PER) and preliminary design recommendations for infrastructure improvements for the Lake Forest – 7th addition subdivision. The scope of this PER (study) will be generally limited to the area within the 7th addition.

The scope of this study will include sanitary sewer, water distribution, stormwater collection and treatment, streets, grading, and lighting. This study will review the existing conditions and project needs, examine improvement options along with recommended improvements, easement needs, project costs, and funding/financing options. The purpose of this study will be to evaluate the improvement needs/options, cost effectiveness, feasibility, and make preliminary design recommendations that can be utilized as a basis and guideline for the final design process.

1.2 Project Location and Description of Existing Conditions The scope of this report primarily includes the undeveloped portion of the Lake Forest subdivision, noted as the 7th addition in the preliminary plat. This addition lays west of the existing developed portion of the subdivision, east of 270th Avenue, and south of South Shore Drive. The project location is illustrated in Figure No. 1 below.


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Figure 1: Project Location Map

The project area has very little topography, very mild grades, and less than five feet of elevation change throughout the site. The site generally drains towards to the center of the subdivision, near the existing stormwater treatment basin and park, and to the southwest corner of the site. The majority of the site runoff is contained and infiltrated onsite. A small portion of the site does discharge to the residential housing north of the 7th Addition. The area within this addition is predominately undeveloped. Most of the site is currently utilized as agricultural field.

Soils are anticipated to be predominantly granular, within hydrologic soil group B. Based on past infrastructure projects and general observations, groundwater is generally anticipated to be 10 to 15 feet below ground surface. At this depth, groundwater may be encountered during portions of the sanitary sewer installation. Soil borings will be required during the design process to further confirm soil types, topsoil depths, and groundwater elevations.

The surrounding area to the north and east include previous phases of the subdivision comprised predominantly of single-family residential housing and +/- 15 twin homes. Undeveloped agricultural property borders the western and southern border of the project area.

The proposed plat includes lot sizes of about ½ acre or slightly smaller. The area is currently zoned R-2, which allows for both single-family and twin home development. A portion of the proposed subdivision lies within the Shoreland Impact District (SID) (i.e. within 1,000 feet) of Big Detroit Lake. Lots within the SID can have impervious surface coverage of up to 25% and lots outside of the SID can have impervious coverage up to 50%.


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1.3 Schedule The Developer has indicated that he would like to proceed with the project in an expeditious manner and start construction of infrastructure, within the 7th addition, in the spring of 2018. Table No. 1 outlines the tentative project schedule for the project development construction.

Table 1: Preliminary Project Schedule

Activity Date(s) Complete/Adopt Preliminary Engineering Report December 2017 Public Hearing January 2018 Design January – March 2018 Approve Plans and Specifications/Authorize Bidding March 2018 Open Bids and Award Construction Contract April 2018 Construction Summer 2018 Assessment Hearing Fall 2018 Final Construction Spring 2019

1.4 Related Reports and Plans Several sources of information were utilized in the development of this report. These include:

Historical records, as-built drawings, and drawings provided by the City of Detroit Lakes Visual field investigation and observations Discussion with City staff and the Developer City GIS database Preliminary plat by Meadowland Surveying Past stormwater permitting documentation from the Pelican River Watershed District (PRWD)

2.0 Existing Conditions and Project Need

The following sections outline the need and purpose of the project along with the conditions of existing infrastructure within or adjacent to the project area. The information contained in the subsequent sections was derived from review of existing record drawings, as-built plans, City utility maps, field investigation, and discussion with City staff. Existing infrastructure is depicted in Exhibit Nos. 2 and 3, located in the Appendix of this report.

2.1 Sanitary Sewer There is no existing sanitary sewer collection system within the 7th addition project area. There is sanitary sewer located in several locations adjacent to the project area and within previous phases of the subdivision. Existing eight (8)-inch PVC sanitary sewer is located in adjacent areas of the subdivision (Lake Forest Circle and Balsam Boulevard), South Shore Drive, and stubs to the north end of 270th Avenue as depicted in Exhibit No. 2. These sewers are relatively new and constructed of materials used in current construction practices. The sewer on South Shore Drive


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and 270th Avenue were installed in the mid 1990’s. Sewers within the subdivision were constructed at various times over the last 15 years.

2.1.1 Lift Station The above described sanitary sewers all discharge to Lift Station No. 34, located at the intersection of South Shore Drive and 270th Avenue. The existing lift station contains two submersible pumps with a firm capacity of about 100 gpm at 28 feet of Total Dynamic Head (TDH). It is anticipated that this facility has adequate capacity to handle the effluent generated by the full development of the Lake Forest subdivision. However, the facility will be nearing its capacity as the development reaches capacity. Additional development is also likely in this area over the next 20 years. Accordingly, pumps with increased capacity should be considered when replacement becomes necessary. Additional analysis of the facility will be completed during the final design to verify that the development of the 7th addition does not create adverse effects on the lift station, such as excessive run times, cycling, or capacity concerns.

Lift Station No. 34 pumps effluent via a six (6)-inch PVC forcemain to a downstream portion of the collection system further east on South Shore Drive. Ultimately, sewage from this area is conveyed through several additional sewersheds before reaching the City’s Wastewater Treatment Facility (WWTF). Both the immediate receiving collection system and lift station have the capacity to handle the additional volume that would be generated by the proposed expansion of the Lake Forest Subdivision.

2.2 Water Distribution There is no existing water distribution system within the 7th addition project area. There is watermain located in several locations adjacent to the project area and within previous phases of the subdivision. Existing eight (8)-inch PVC watermain (and stubs) are located in adjacent areas of the subdivision (Lake Forest Circle and Balsam Boulevard). There is also an eight (8) -inch stub on 270th Avenue from the 12-inch watermain on South Shore Drive as depicted in Exhibit No. 2. These watermains are relatively new and constructed of materials used in current construction practices. The watermain on South Shore Drive and 270th Avenue were installed in the mid 1990’s. Watermain within the subdivision were constructed at various times over the last 15 years. There are no known deficiencies with the adjacent distribution system and extensions from these systems.

The existing water distribution system surrounding this area generally is capable of providing fire flows of approximately 1,500 gpm, based on a review of the City’s water distribution modeling software. The actual flow rate will be impacted by the size of watermain extended into this phase of the subdivision. A fire flow of 1,500 gpm is generally considered acceptable for residential development and is comparable to other areas with similar use within the City. Given the elevation and topography of the project site, the existing water system can generally provide water pressure of about 40 to 45 psi to this area. This value of static water pressure is considered to be on the lower end of the typically accepted range.


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2.3 Stormwater Collection and Treatment There is no current storm sewer system within the project area. There is a storm sewer collection system constructed in adjacent/previous phases of the subdivision. Stubs from this system area are available on Lake Forest Circle and could potentially allow extension into this phase of the subdivision.

The adjacent collection system discharges stormwater to a treatment basin located within the park area along Balsam Boulevard. This treatment basin provides stormwater treatment to the existing/developed portions of the subdivision. The existing treatment basin does not have any outlet or overflow system. Based on a review of documents provided by the PRWD, the existing treatment basin appears to meet treatment requirements for the existing portions of the subdivision, but was not designed to accept additional stormwater volume from the area within the 7th addition of the subdivision.

2.4 Street There are currently no streets within the 7th addition area of the subdivision. Stubs from existing streets, in adjacent areas of the subdivision, were installed with previous phases of the development with the intension of extension into this area. These streets are comprised of a 36-foot wide urban section (curb and gutter), with bituminous surfacing, which is in compliance with the City’s subdivision ordinance.

270th Avenue directly abuts the western edge of 7th addition. The existing street consists of a short 40-foot wide urban section stub that quickly transitions to a 26-foot wide rural section street. It is believed that 270th Avenue is under the jurisdiction of Lakeview Township.

3.0 Proposed Improvements

In order to develop the 7th addition of the Lake Forest subdivision with residential housing, it will be necessary to make various infrastructure improvements. The following sections outline the proposed and necessary improvements. The proposed water, sanitary sewer, stormwater, and street improvements are outlined in Exhibit Nos. 2, 3, and 4 located in the Appendix.

3.1 Design Standards Various design standards, practices, and regulatory guidelines will be utilized for preliminary recommendations. These should be applied to the subsequent design of the proposed improvements to the 7th addition of Lake Forest subdivision. The following summarizes the most applicable regulatory design standards.

Sanitary Sewer: Design will be in accordance with the Minnesota Pollution Control Agency (MPCA) and the Ten States Standards for Wastewater Facilities.

Watermain: Design will be in accordance with the Minnesota Department of Health (MDH), Ten States Standards for Water Works, and general City design practices.


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Street: Streets will be designed and constructed in accordance with City standards, subdivision ordinance, and typical practices.

Stormwater Treatment: All stormwater treatment will be designed in accordance with the Pelican River Watershed District (PRWD), the City’s stormwater ordinance (MS4 requirements), and Minnesota Pollution Control (MPCA) requirements.

Storm Sewer: Design will be in accordance with MNDOT State Aid Drainage Design Manual, for a three-year, 24-hour storm event.

3.2 Sanitary Sewer Sanitary sewer will be extended throughout the proposed development, as illustrated in Exhibit No. 2, by extension from existing sewer mains on Lake Forest Circle and 270th Avenue. The sewer will be constructed beneath the Right-of-Way (ROW)/streets contained within the project area. The proposed sanitary sewer extensions will be of sufficient depth to provide gravity service to typical residential structures with typical eight (8)-foot basement depths, provided there are not significant changes to the topography during construction of the homes.

The proposed sanitary sewer will consist of eight (8)-inch PVC mains, four (4)-inch PVC service laterals, and precast concrete manholes. Clean-out assemblies will be installed on each service lateral at or near the edge of the ROW.

3.3 Water Distribution Watermains and service laterals will be installed throughout the proposed subdivision, in a fashion similar to the sanitary sewer, as illustrated in Exhibit No. 2. Watermains will be extended from existing mains and looped back to one another, creating a continuous network, with exception to a dead-end main on the proposed cul-de-sac. Watermains will be located beneath the existing and proposed streets/ROW. Service laterals will be extended from these mains to the edge of each proposed lot. The water distribution improvements will generally consist of six (6)-inch, eight (8)-inch, and 12-inch PVC mains, one (1)-inch High Density Polyethylene (HDPE) or copper service laterals, isolation gate valves, and hydrants. Hydrants will be spaced approximately every 400 feet throughout the subdivision for purposes of fire protection and watermain flushing.

Eight (8)-inch diameter watermains will be installed throughout most of subdivision improvements. It is recommended that a 12-inch watermain be installed on 270th Avenue for future development considerations. There is a substantial amount of developable property south of this area. The watermain on 270th Avenue would likely serve as a transmission line to this area in the future.

3.3.1 Residual Pressure with Fire Flow Demands Existing fire flows in this area are approximately 1,500 gpm, which is considered acceptable for this type of development and comparable to other areas of the City. Fire flow demands on the system in the area of the Lake Forest subdivision are anticipated


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to result in residual pressures above 25 psi within the subdivision, which is above the recommended minimal residual system pressure of 20 psi. Further verification and review of fire flows and residual pressure will be completed in the final design process.

3.3.2 Typical (Domestic Demand) Pressures Existing pressures within the subdivision are between 40 and 45 psi, and the area within the 7th addition is anticipated to have similar static pressures. There is no defined standard for acceptable domestic demand pressure, but typically pressures between 40 psi and 80 psi are considered acceptable for municipal water distribution systems. The anticipated pressures are within, but on the lower end, of the acceptable range.

In certain situations, low distribution system pressures can be corrected by installation of a booster pumping station on an isolated portion of the distribution system. This is not a cost effective option in this situation. In this case, it is more cost effective to install a small booster pump and pressure tank within the individual homes. Larger water service laterals may also help to reduce the low-pressure impacts. Further consideration to this option will be given during the final design process.

3.4 Service Laterals to Potential Twin Home Lots & Undeveloped Property The Developer has indicated that he may construct twin homes on the 14 lots located in the southern portion of the development. Per City ordinance, a twin home must have separate sewer and water services to each dwelling unit. Accordingly, the City requires that the Developer identify any lots that might be developed with twin homes on the preliminary plat. Lots identified by the Developer for possible twin homes are identified on Exhibit No. 2. Lots proposed for twin home development will have two sets of water and sewer service laterals installed to each of these lots.

There is undeveloped property, currently agricultural field, abutting the western side of 270th Avenue. Currently the property is outside the cooperate limits of the City and there are no known plans for any development in this area. However, it is recommended that sewer and water service laterals are extended to this area with the installation of sewer and water along 270th Avenue. Service laterals will be placed/spaced on the basis of what a typical lot/development layout might be. There is a risk that the service laterals are placed in a configuration that will not conform to some future development layouts. However, there is a reasonable chance that the service laterals could be utilized by future development and it is far more cost effective to install these laterals now than in the future. Installation with this project reduces the likelihood of having to remove portions of 270th Avenue in the future to facilitate the installation.

3.5 Stormwater Collection and Treatment Stormwater runoff from the site will need to be collected and treated in accordance with PRWD regulations (the PRWD requirements are more stringent that the City’s MS4 and MPCA requirements). There is no storm sewer or stormwater treatment within any of the proposed


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project site (7th addition of Lake Forest subdivision). The stormwater treatment basin along Balsam Boulevard was sized and permitted only for the previous phases of the subdivision. A stormwater collection and treatment system will need to be designed and constructed for this site.

The ultimate extent, type, and details of the stormwater treatment and collection cannot be accurately determined within the scope of this preliminary study. These elements require significant calculation, survey, modeling, and consultation with regulatory agencies which is generally completed as part of the final design process. The preliminary recommendations are based on several assumptions, engineering judgement, preliminary discussions with the PRWD staff, and past experience with similar situations. Accordingly, the recommendations contained in the following paragraphs are considered preliminary and are developed to provide a general concept, options, and assist with preparing a preliminary budget for storm water costs. The conceptual ideas and layout of the stormwater collection and treatment are illustrated in Exhibit No. 3.

The preliminary recommendations in this study are based on full build-out of the 7th addition of the subdivision, including streets and building lots. The ultimate impervious surface coverage assumed for these recommendations is 25% lot coverage within the 1,000-foot Shoreland Impact District (SID) and for single-family lots (outside the SID), and 50% coverage for twin home lots outside the SID. These are the maximum impervious surface coverages allowed by City ordinances. These coverages, particularly impervious coverage on single family lots outside the SID, could possibly be reduced during the final design, with consultation from the Developer. This could reduce the size of stormwater collection and treatment infrastructure required for the subdivision.

There are stubs from the storm sewer on Lake Forest Circle that could possibly be extended to provide some storm water collection within the 7th addition. This storm sewer discharges to the existing treatment basin. The basin would need to be expanded to account for the additional stormwater runoff being handled by the basin. There is some space available to accommodate a modest expansion within the out lot that the basin is located on, but it is somewhat limited. This limitation will limit the expansion of the existing storm sewer into the 7th addition. However, this will be a consideration for part of the stormwater treatment and collection.

It also should be noted that the existing treatment basin does not have an overflow or outlet. It appears to be sized to accommodate the 100-year storm event. Any event larger than that could potentially cause some level of localized flooding. This is a factor that will also be considered during final design and evaluation of stormwater treatment options. During preliminary discussions with the PRWD, the concept of an overflow to the South Shore Drive storm sewer, via storm sewer on Balsam Boulevard, was discussed. The PRWD indicated that this may be a possibility.

In general, the runoff from the proposed streets within the 7th addition will be collected by a new storm sewer system. The storm sewer will consist of 12-inch to possible 30-inch Reinforced


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Concrete Pipe (RCP). This storm sewer will likely discharge to a pretreatment basin and then to infiltration basin, both located between the proposed cul-de-sac and park area. The park will likely be utilized as a surcharge area (overflow) to help satisfy rate control requirements associated with very infrequent heavy storm events.

There will also be several other smaller infiltration areas incorporated throughout the project area to provide storm water treatment of rear yard areas and other runoff from the lots. Again, rate control from these areas will be challenging and may require the construction of either surface or underground overflow/outlets. This may require the need for permanent or temporary easements.

3.6 Site Grading The proposed streets will be graded such that they follow the general topography of the area. This will limit the amount of site grading that will be required beyond the ROW or infrastructure improvements. Some grading of the proposed lots will be required as part of the residential home construction. Substantial mass grading of the site is not anticipated with the infrastructure improvements. However, grading will be required in some localized areas to facilitate drainage and stormwater treatment requirements. These stormwater treatment features may require certain areas to be graded, to help ensure that they function as intended and without impact to adjacent future homes. Also, there will be a substantial amount of excavated soil from basins and other features that will need to be handled. Rather that disposing of the material off-site, it would be more cost effective to find areas within the this phase of the development to utilize the material.

3.7 Street Streets will be constructed throughout the 7th addition area of the subdivision to provide access to the lots and connection to the local street system. Streets will generally consist of a 36-foot wide (face-to-face) urban section (curb and gutter) with an aggregate base and bituminous surface. They will be designed to a 5-ton residential standard, typically utilized by the City in residential subdivisions. A typical section of the proposed street is illustrated in Exhibit No. 4.

A portion of 270th Avenue will need to be removed and reconstructed to facilitate the proposed sanitary sewer and watermain improvements. This street will likely function as a local collector or arterial street as development continues in this area. Accordingly, it is recommended that it be reconstructed as a 40-foot (face-to-face) wide urban section. This will provide 12-foot wide driving lanes and 8-foot shoulders. The shoulders could be utilized for infrequent on-street parking under low traffic volumes. However, this is likely not adequate width for on-street parking if traffic volumes on the street increase substantially. Further consideration should be given to the amount of on-street parking that may or may not occur on this street with future development. If on-street parking is expected to be prevalent, then the width should like be increased to 44’.


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Based on anticipated subgrade soils, subgrade corrections are generally not anticipated to be necessary. Soil borings and geotechnical recommendations will need to be completed during the design process to further confirm subgrade conditions as well as groundwater elevations.

3.8 Lighting The City electric utility will install street lighting to City standards throughout the subdivision. Lights are typically spaced at 300-foot to 400-foot intervals and at intersections. This work will likely be constructed by the electric utility along with the installation of electrical distribution systems. This work is outside the scope of the study. However, lighting installed by the electric utility is paid for by the City and is included in the project costs for budgetary purposes.

4.0 Other Design and Construction Considerations

4.1 Permits Various permits from regulatory agencies will be required for the proposed improvements.

City of Detroit Lakes Land Disturbance: A permit will be required from the City of Detroit Lakes for Land Disturbance Activities.

MPCA (Stormwater and Erosion Control): The MPCA is responsible for administering the National Pollution Discharge Elimination System (NPDES) permits for stormwater construction. This covers both stormwater treatment and erosion/sediment control. A permit application will need to be submitted for the project since it is disturbing more than one acre of land.

MPCA (Sanitary Sewer Extension Permit): A permit from the MPCA will be required for the extension of the sanitary sewer.

MDH: A permit from the Minnesota Department of Health (MDH) will be required for the water distribution system improvements.

PRWD: A permit and plan review/approval by the PRWD is required for construction erosion and sediment control, and for stormwater treatment.

Lakeview Township Right-of-Way Permit: A permit from Lakeview Township will be required for the underground utility installation and street reconstruction on 270th Avenue.

4.2 Easements and Plat Considerations Temporary or permanent easements may not be needed for the construction of the proposed infrastructure, provided that the final plat contains the proper provisions and adjustments. There is a possibility that some temporary/permanent easements will be needed for stormwater treatment and/or overflow requirements. This could include easements beyond the 7th addition area.


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This study is based on the preliminary plat provided by the Developer. The Developer will need to finalize the plat in a manner that accommodates for the proposed infrastructure and ROW needs. The following should be considered:

Out lots and/or drainage easements will need to be established and dedicated to the City for the proposed stormwater treatment basins/features identified in Exhibit No. 3.

Many of the proposed improvements recommended in this study are preliminary in nature, based on limited information, and will be refined during the final design process. This is particularly true of the stormwater related improvements. Accordingly, the plat should NOT be finalized until such time that the design process has advanced to the point that the proposed improvements are more definitively known.

5.0 Opinion of Cost Summary

The following table outlines the cost opinion associated with the recommended improvements contained in this report. There are a number of unknown factors that will continue to be developed in the final design phase of this project. Accordingly, the costs will continue to be adjusted as the project develops. The below costs account for Engineering fees, undeveloped design details, construction contingency, permits, minor administrative costs and fees, and geotechnical investigation and testing. These costs are prorated into the various improvement line items.

Table 2: Opinion of Cost – Proposed Improvements

Item TotalStreet 705,000Stormwater 350,000Sanitary Sewer 207,000Sewer Services 106,000Watermain 186,000Water Services 132,000Hydrants 60,000Lighting 10,000

Total: $1,756,000

The above table does not include costs associated with permanent land or easement acquisition, financing, or stormwater treatment measures beyond those identified in the recommendations.

6.0 Financing

The project costs will be financed by a combination of City funds and special assessments to the adjacent and benefitting properties.


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6.1 Assessable Costs The assessable share will be determined in accordance with the City Special Assessment Policy (Amended October 2016). The following summarizes how the project costs will be allocated, based on the special assessment policy, between City funds and assessed properties. It is important to note that the City Special Assessment Policy requires interpretation and its application can be somewhat subjective. The policy is used as a guide in addition to standard practices on past similar projects.

The assessment policy for new developments, such as this project, requires the Developer to prepay 25% of the assessable costs for projects containing 20 lots or less per project or prepay 50% of the assessable costs for projects containing more than 20 lots. In either case, the balance of the assessable costs becomes due upon substantial completion of the project.

Watermain: One-hundred (100) percent of the standard watermain costs are assessed against the benefitted properties for new construction. Standard watermain is defined as a six (6)-inch diameter watermain. Oversizing and looping costs for general distribution purposes are assumed by the City.

Hydrants: One-hundred (100) percent of the costs associated with hydrant improvements are assumed by the City.

Sanitary Sewer: One-hundred (100) percent of the standard sanitary sewer costs are assessed against the benefitted properties for new construction. Standard sanitary sewer is defined as an eight (8)-inch diameter sewer main. Oversizing costs for general collection purposes are assumed by the City.

Sewer and Water Service Laterals: One-hundred (100) percent of the costs for sanitary sewer or water service laterals will be assessed to the benefitted properties.

Street: One-hundred (100) percent of the basic street costs are assessed against the benefitted properties in accordance with the assessment policy. A basic street is considered a 38-foot wide (back-to-back of curb), five (5)-ton, urban section, bituminous street based on the need of adjacent properties of this area.

Stormwater: One-hundred (100) percent of the costs associated with stormwater collection and treatment are assumed by the City and paid by the stormwater utility fund.

Lighting: One-hundred (100) percent of the costs associated with lighting are assumed by the City.

Table 3 indicates the distribution of project costs between the City and assessable properties based on the above allocation of costs.


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Table 3: Distribution of Total Project Costs – By Phase

Item City Share Assessable Total Street 10,000 695,000 705,000 Stormwater 350,000 350,000 Sanitary Sewer 207,000 207,000 Sewer Services 106,000 106,000 Watermain 15,000 171,000 186,000 Water Services 132,000 132,000 Hydrants 60,000 60,000 Lighting 10,000 10,000

Total: $445,000 $1,311,000 $1,756,000

6.2 Allocation of Assessable Costs The assessable costs, presented in Table 3, will be distributed against the benefitted properties in accordance with the City Special Assessment Policy. The policy does permit allocation of the assessable costs by an each or per-lot basis if equitable. A per-lot allocation of assessable costs seems equitable given the nature of these improvements and layout of the adjacent properties. Accordingly, the assessable costs will be divided by the number of adjacent and benefitted lots in each phase to determine a per-lot assessment rate.

In addition to the lots within the 7th addition of Lake Forest Subdivision, there is undeveloped area along the west side of 270th Avenue that could be developed in the future. The installation of sewer and water service laterals to this area has been recommended as part of the improvements under this project. Accordingly, this undeveloped area will benefit under this improvement project and should be assessed a portion of the project costs. This area is currently outside the corporate limits, which prevents the City from imposing any special assessments on this property. However, the City can postpone the assessments to this property and certify the assessments once the property has been annexed and assessment proceedings completed following the annexation. This undeveloped area will be included in the calculation and allocation of the assessable costs associated with this project.

There are currently 39 lots contained on the preliminary plat of the 7th addition to Lake Forest. For purposes of cost allocation, it is assumed that the adjacent undeveloped area could be subdivided into six typical/standard lots. This allows the project costs to be allocated against a total of 45 lots.


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Table 4 contains the estimated assessment rates and is based on the cost distribution and allocation of assessable costs described in the preceding sections.

Table 4: Estimated Special Assessments/Lot

ItemAssessable

CostNo. of

Lots/UnitsAssessment Per

Lot Street 695,000 45 $15,444

Sanitary Sewer 207,000 45 $4,600 Sewer Services1 106,000 59 $1,797 Watermain 171,000 45 $3,800 Water Services1 132,000 59 $2,237

$27,878$31,912.24

Total Assessment - Single Family Lot:Total Assessment - Twin Home Lot:

Typical/Estimated Assessments Per Lot:

Notes: 1 Assumes two services installed to all lots designated by Developer as twin home lots.


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Appendix – Index Appendix A – Exhibit Drawings

• Project Location Plan .................................................................................................................. Exhibit 1 • Existing/Proposed Sanitary Sewer and Watermain ................................................................... Exhibit 2 • Proposed Street and Stormwater ............................................................................................... Exhibit 3 • Proposed Typical Street Sections .............................................................................................. Exhibit 4

PROJECT LOCATION

SOUTH SHORE DR

BA

LS

AM

BL

VD

LONG BRIDGE RD

L:\Projects\2017\17.178.0xxx - DTL - Lake Forest\Preliminary\Drawings & Exhibits\17.178.0027 - PER_Exhibits.dwg

NOV. 29 2017Date: MAWDrawn By: 17.178.XXXXApex Project #:

270T

H A

VE

WE

ST

LA

KE

DR

200010000

SCALE: 1 INCH = 2000 FEET

COUNTY

RD 22

CO

UN

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RD

22

NO

DA

WA

Y D

R260T

H A

VE

130TH ST

28

0T

H A

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U.S. HIGHWAY 10

BIG DETROIT LAKE

LITTLE DETROIT LAKE

ABBEY LAKE

8" PVC

8" PVC

8" PVC

8" PVC

6" PVC

8" PVC

8" PVC

8" PVC

8" PVC

8" PVC

8" P

VC

8" P

VC

8" P

VC

8" P

VC

12" P

VC

8" P

VC

12" P

VC

8" P

VC

8" PVC

8" PVC

2001000


EXISTING LIFT STATION



SOUTH SHORE DR

270T

H A

VE

BA

LS

AM

BLV

DB

ALS

AM

BLV

D

LAKE FOREST CIR.

PROPOSED HYDRANT PROPOSED HYDRANT

PROPOSED HYDRANT

PROPOSED HYDRANTPROPOSED HYDRANT

PROPOSED HYDRANT

PROPOSED HYDRANT

LAKE

FOREST

CIR.

41' BACK TO BACK

38' BACK TO BACK

STORM PIPE

STORM PIPE

STORM PIPE STORM PIPE

ST

OR

M P

IPE

ST

OR

M P

IPE

INFILTRATION OVERFLOW

(POTENTIALLY BY PIPE)

CULVERT

50' RADIUS

INFILTRATION OVERFLOW

DIRECTIONAL DRILL

EMERGENCY OVERFLOW

EMERGENCY OVERFLOW

WEIR STRUCTUREINFILTRATION OVERFLOW

(POTENTIALLY BY PIPE)

STORMWATER

SURGE AREA

2001000




SOUTH SHORE DR

270T

H A

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BA

LS

AM

BLV

DB

ALS

AM

BLV

D

LAKE FOREST CIR.

LAKE

FOREST

CIR.

38'14'

66'

14'

R/W

VARIESVARIES

R/W

2% 2%

NOT TO SCALE

1'

1'

41'12.5'

66'

12.5'

R/W

R/W

2% 2%

NOT TO SCALE

1'

1'

4:14:1 4:1 4:1




IN THE MATTER OF AUTHORIZING A PRELIMINARY ENGINEERING REPORT FOR BROADLAWN ESTATES

SANITARY SEWER AND WATERMAIN IMPROVEMENTS

WHEREAS, it is proposed to develop Broadlawn Estates with required sanitary sewer and watermain improvements and to assess the benefited properties for all or a portion of the cost of the improvements, pursuant to Minnesota Statutes, Chapter 429.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Detroit Lakes, Minnesota:

1. That the proposed improvement be referred to the City Engineer for study and that theCity Engineer is instructed to report to the Council with all convenient speed advisingthe Council in a preliminary way as to whether the proposed improvement isnecessary, cost-effective, and feasible; whether it should best be made as proposed orin connection with some other improvement; the estimated cost of the improvementas recommended; and a description of the methodology used to calculate individualassessments for affected parcels.



Matt Brenk, Mayor




IN THE MATTER OF AUTHORIZING A PRELIMINARY ENGINEERING REPORT FOR COUNTY RAOD 131

SANITARY SEWER AND WATERMAIN IMPROVEMENTS

WHEREAS, it is proposed to develop County Road 131 with required sanitary sewer and watermain improvements and to assess the benefited properties for all or a portion of the cost of the improvements, pursuant to Minnesota Statutes, Chapter 429.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Detroit Lakes, Minnesota:

1. That the proposed improvement be referred to the City Engineer for study and that theCity Engineer is instructed to report to the Council with all convenient speed advisingthe Council in a preliminary way as to whether the proposed improvement isnecessary, cost-effective, and feasible; whether it should best be made as proposed orin connection with some other improvement; the estimated cost of the improvementas recommended; and a description of the methodology used to calculate individualassessments for affected parcels.



Matt Brenk, Mayor


Exhibit 6D Return to Agenda

1

GROUND LEASE

This Lease Agreement (hereafter "Lease") is made effective as of January 1, 2018 between CITY OF DETROIT LAKES, a municipal corporation, of P.O. Box 647, 1025 Roosevelt Avenue, Detroit Lakes, MN 56502, (hereafter "Landlord"), and BOYS AND GIRLS CLUB OF DETROIT LAKES, INC., a Minnesota Non-Profit Corporation, of P.O. Box 83, Lyle Crovisier Park, Detroit Lakes, MN 56502(hereafter "Tenant").

RECITALS

1. Tenant is a Minnesota non-profit corporation exempt from taxes under Minnesota Law andunder Chapter 501 (c)(3) of the Federal Internal Revenue Code being, a qualifying non-profitorganization under Minn. Stat. Chapter 317A and an "Institution of Purely Public Charity"exempt from property taxation pursuant to Minn. Stat. 272.02 Subdivision 7.

2. Landlord is a Minnesota Home Rule Charter City which owns and operates parks and otherpublic recreation facilities pursuant to Minnesota Statutes Chapter 471.

3. Landlord is the owner of real property including land and a building in the City of DetroitLakes known as Lyle Crovisier Park and legally described on Exhibit A attached hereto(hereinafter called the "Real Property" or the “Park”).

4. Tenant desires to make leasehold improvements to the Real Property in the nature of a newstructure to be utilized by Tenant as described herein and recreational improvements to thePark to be utilized by Tenant and the public in order to fulfill its charitable purposes.

IN CONSIDERATION of the agreements herein and other good and valuable consideration Landlord does hereby lease to Tenant, and Tenant does lease from Landlord the portion of the Real Property described below upon the rentals and subject to the conditions set forth in this agreement.

1. DESCRIPTION OF PREMISES. The following described portion of the Real Propertydescribed on Exhibit A attached hereto, hereinafter called the “Premises,” is subject to this lease:

See attached Exhibit B


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2. TERM The lease shall be for thirty (30) years, commencing on January 1, 2018 and continuing until December 31, 2048. 3. RENT. Tenant agrees to pay Landlord for the Term hereof the total sum of $1.00 and other good and valuable consideration as described in this lease, the receipt and sufficiency of which is acknowledged by Landlord, and specifically agrees that Tenant shall abide by all other terms and conditions of this lease, which the parties agree are essential to this agreement. 4. UTILITIES AND TAXES. Tenant shall forthwith, and when due, pay for all services, utilities, property and other taxes and special assessments upon the Real property, the Premises or personal property charged, or chargeable to the Premises or the personal property of Tenant in or upon it incurred during the term of this lease. 5. USE OF PREMISES. The Premises are leased to Tenant for operation of a youth club affiliated with the Boys and Girls Clubs of America (the National Organization) pursuant to a charter issued to Tenant by the National Organization which must in all respects comply with the requirements of an institution of purely public charity as defined by Minn. Stat. 272.02 Subdivision 7. No contrary use of the Premises is allowed. In the event that Tenant forfeits, gives up, or otherwise loses that charter, or fails to conduct youth activities pursuant to that charter, or otherwise, during a period of six (6) consecutive months, or fails to hold meetings of its board of directors during a period of six (6) consecutive months, or no longer qualifies as an institution of purely public charity as defined by Minn. Stat. 272.02 Subdivision 7, or breaches any of the other covenants contained in this agreement, then this Lease shall immediately terminate and it shall be lawful for the Landlord to enter and take possession of the Premises, ownership of the Premises and to remove all property from it and recover at once full and exclusive possession of all of the Real Property, including but not limited to the Premises. 6. CONDITION OF PREMISES. The Tenant has inspected the Premises and accepts them AS IS, WITH ALL DEFECTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. 7. CONSTRUCTION OF A NEW BUILDING, ALTERATIONS AND IMPROVEMENTS.

A. Plans and specification. Tenant shall, at Tenant’s sole expense, prepare plans and specifications for the new building to be erected by Tenant on the portion of the Real Property described as the Premises. The plans and specifications shall be submitted to Landlord for Landlord’s written approval or any revisions required by Landlord. Landlord shall not unreasonably withhold approval.

B. Demolition. Upon approval by Landlord of the final plans and specifications for construction of the new building to be erected on the Premises by Tenant, Tenant shall, at Tenant’s sole expense, commence, diligently prosecute and complete the demolition of the existing structures located on the Real Property. All demolition material shall be properly disposed of according to all applicable laws and rules at the sole expense of Tenant. Prior to

3

the commencement of any work Tenant shall furnish Landlord with good and sufficient payment and performance bonds guaranteeing the completion of the work and the payment of all expenses in connection with the work. Tenant shall provide lien waivers to Landlord from any contractors or sub-contractors furnishing material, services or labor. Tenant shall hold Landlord harmless from any liens, encumbrances or other obligations whatsoever arising from demolition of the existing improvements.

C. Construction. Upon completion of the demolition Tenant shall, at Tenant’s sole expense forthwith, but in any case no longer than six (6) months after completion of the demolition commence construction of the new building to be located upon the Premises according to the final plans and specifications. Tenant shall diligently prosecute construction and shall complete construction within twelve (12) months of commencement. Prior to the commencement of any work Tenant shall furnish Landlord with good and sufficient payment and performance bonds guaranteeing the completion of the work and the payment of all expenses in connection with the work. Tenant shall provide lien waivers to Landlord from any contractors or sub-contractors furnishing material, services or labor to any improvement. Tenant shall hold Landlord harmless from any liens, encumbrances or other obligations whatsoever arising from construction of these new improvements.

D. Alterations and Improvements. Tenant shall not make alterations, additions or improvements, nor make changes to the new building constructed on the Premises pursuant to the approved final plans and specifications without further prior written approval from Landlord. Tenant shall provide lien waivers to Landlord from any contractors or sub-contractors furnishing material, services or labor to any approved alteration or improvement, which Landlord may, in its discretion, require in advance of providing Landlord's written approval. Tenant shall hold Landlord harmless from any liens, encumbrances or other obligations whatsoever arising from any such alterations or improvements.

E. Restoration not required. Tenant shall have no obligation at the surrender or termination of this lease to restore the building located on the Premises at the commencement of the term of this lease, except that prior to the demolition of the existing building Tenant shall keep and maintain the building in a condition comparable to the condition of the building at the commencement of the term of this lease.

F. Ownership of new improvements. The Real Property and the portion of the Real Property located within the Premises upon which the new building will be located shall at all times be the property of the landlord. Any new structure and any new building constructed by Tenant on the Premises, and all alterations, improvements, changes or additions made in or to the building located on the Premises shall be the property of the Tenant until termination of this lease, and shall only become the property of Landlord, without further consideration paid by Landlord, at and upon termination of this lease. All other improvements made by Tenant to the Real Property or the Premises shall be the property of Landlord at the inception of the construction or installation of the improvement. However, furniture, trade fixtures and other personal property installed by Tenant shall remain the Tenant's property and may be removed at any time, provided Tenant promptly repairs any

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damage caused by removal. 8. SURRENDER OF PREMISES. At surrender or termination of this lease and or the expiration of Tenant's occupancy under this lease, or otherwise, Tenant shall deliver ownership and possession of the Premises and the new building constructed by Tenant on the Premises and all other improvements located on the Premises or the Real Property to Landlord free and clear of all liens and encumbrances and in as good condition as when constructed, ordinary wear and tear excepted. 9. SUBLETTING OR ASSIGNMENT. Tenant SHALL NOT sublet any portion of the Premises or assign any interest in this Lease or the Premises without prior written consent of the Landlord. Tenant may permit other persons and organizations to utilize the Premises under written use agreements, but may not allow other persons or organizations to have exclusive possession of the Premises or any portion thereof. 10. ENCUMBRANCE OF NEW BUILDING AND LEASEHOLD IMPROVEMENTS.

A. Tenant may encumber the new structure and any new building constructed by Tenant on the Premises as security for any indebtedness of Tenant incurred in the demolition of the structures located on the Real Property at the inception of this lease and the construction, improvement or alteration of the new building and other new improvements located upon the Premises. The execution of any such encumbrance or any sale, either by judicial proceedings or by virtue of any power of sale contained in such encumbrance shall not be held as a violation of any of the terms or conditions of this lease, or as an assignment to or assumption by the holder of the indebtedness of the obligations of this lease agreement. Any such encumbrance shall be subject to the prior rights of the Landlord in the Real Property and the real property located within the Premises. No encumbrance, foreclosure or exercise of right shall relieve Tenant from its liability under this lease.

B. If Tenant encumbers its leasehold interest and estate in the Premises and if Tenant, or the holder of the indebtedness secured by the encumbrance gives notice to Landlord of the existence of the encumbrance and the address of the holder, then Landlord will deliver a duplicate copy of all notices in writing that Landlord may, from time to time, give to tenant under and pursuant to the terms of this lease.

C. Except for voluntary encumbrances granted by Tenant pursuant to the terms of this lease, Tenant shall keep the Premise free and clear of all mechanics liens, material suppliers and other liens and shall at all times promptly and fully pay and discharge any and all claims on which any such lien may or could be based, and shall indemnify Landlord and defend Landlord and the Premises from any and all liens and claims.

11. COVENANTS OF TENANT.

11.1. Tenant shall not do or allow anything on the Premises which will permit the accumulation of waste or refuse matter.

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11.2. Tenant shall commit no act of waste and shall take good care of the Premises and the fixtures therein.

11.3. Not later than the last day of the Term, Tenant shall remove all of the Tenant's personal property, repair all damage done in connection with the installation or removal of said property and improvements, and surrender the Premises to the Landlord. All property of Tenant remaining in or on the Premises after the last day of the Term shall be deemed abandoned.

11.4 Tenant shall at Tenant's own expense maintain and repair, the Premises and all improvements and fixtures there in and thereon in good condition for occupancy. All expenses associated with the Premises shall be the obligation of the Tenant. Those expenses include, without limitation, all costs associated with construction, maintenance, decorating, painting, plumbing, electrical systems, roofing, doors and windows, foundations, structure, parking areas, driveways and fixtures. Tenant shall keep and maintain the property in a neat, clean and respectable condition and that it will perform such maintenance and repairs as the Landlord may reasonably determine to be necessary.

12. INSPECTION. Landlord may, at reasonable times, enter the Premises to inspect same or to make repairs or replacements as may be required or permitted by this Lease. 13. CASUALTY DAMAGE. If the Premises are substantially damaged by fire or other cause then Landlord may elect to terminate this Lease by notice to Tenant unless Tenant, within sixty (60) days after the occurrence of such substantial damage makes a permitted election as described herein. In the event Landlord elects to terminate this Lease, the portion of all insurance proceeds necessary remove all debris and structure remnants from the Premises and restore the Real Property to a condition usable by the public as a Park shall be paid to Landlord. The balance of insurance proceeds, if any, shall be the property of Tenant or the holder of any indebtedness secured by an encumbrance upon the damaged structure. If Tenant is not in default under this Lease, or after curing any such default, and if the holder of any indebtedness secured by an encumbrance upon the damaged structure does not require otherwise, Tenant may elect to have that portion of such insurance proceeds necessary to repair, replace and restore the damaged Premises and structure located thereon (the "Repairs") deposited in escrow with a bank or title insurance company qualified to do business in the State of Minnesota, or such other party as may be mutually agreeable to Landlord and Tenant. The election may only be made by written notice to Landlord within sixty (60) days after the damage occurs. Also, the election will only be permitted if the plans and specifications for the Repairs are approved by Landlord, which approval Landlord shall not unreasonably withhold or delay. If such a permitted election is made by Tenant, Landlord and Tenant shall jointly deposit, when paid, such insurance proceeds into such escrow. If such insurance proceeds are insufficient for the Repairs, Tenant shall, before the commencement of the Repairs, deposit into such escrow sufficient additional money to insure the full payment for the Repairs or provide such other security for the Repairs as is acceptable to Landlord. Upon such permitted election, even if the insurance proceeds are unavailable or are insufficient to pay the cost of the Repairs, Tenant shall at all times be responsible to pay the full cost

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of the Repairs. All escrowed funds shall be disbursed by the escrowee in accordance with generally accepted sound construction disbursement procedures. The costs incurred or to be incurred on account of such escrow shall be deposited by Tenant into such escrow before the commencement of the Repairs. Tenant shall complete the Repairs as soon as reasonably possible and in a good and workmanlike manner, and in any event the Repairs shall be completed by Tenant within one (1) year after the damage occurs. If, following the completion of and payment for the Repairs, there remain any undisbursed escrow funds, such funds shall be the property of Tenant 14. INDEMNIFICATION. Landlord shall not be liable for any loss, injury, death or damage to persons or property that at any time may be suffered or sustained by Tenant or by any persons who may be at any time using or occupying or visiting the Premises or be in, on or about the Premises. Tenant covenants and agrees to indemnify, defend and hold Landlord harmless from all injury, loss, claims, actions, damages, liability, costs and expense, including defense costs, in connection with loss of life, personal or bodily injury, damage to property, claims, or litigation arising from or out of any occurrence in, upon or at the leased Premises or the occupancy or use by the Tenant of the leased Premises, or occasioned anywhere wholly or in part by any act, neglect, or omission of Tenant, its agents, members, customers, contractors, employees, servants, concessionaires or invitees. 15. LIABILITY, HAZARD, AND WORKERS COMPENSATION INSURANCE. Tenant shall during the entire term of this Agreement and any renewal of this Agreement, keep in full force and effect at the sole cost of Tenant, policies of public liability and workers compensation insurance with respect to the premises, and the operations of Tenant and all of its sub-contractors and lessees. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Section, or required by law. The general liability policy shall provide that the coverage provided by Tenant pursuant to this Agreement shall be primary and noncontributory in the event of a loss. Tenant shall procure and maintain the following minimum insurance coverages and limits of liability: Worker’s Compensation:

Statutory Limits Employer’s Liability:

$500,000 each accident $500,000 disease policy limit

$500,000 disease each employee Comprehensive General Liability

$1,000,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense

Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.

Umbrella or Excess Liability $1,000,000

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The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CG 0001, and shall include the following:

Premises and Operations coverage with no damage exclusion. Personal injury with Employment Exclusion (if any) deleted. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent.

Broad Form Property Damage coverage, including completed operations, or its equivalent. Additional Insured Endorsement(s), naming the “City of Detroit Lakes” as an Additional Insured, on ISO form CG 20 10 07 04 or such other endorsement form as is approved by Landlord.

Tenant shall keep all buildings, improvements and fixtures now or later located on or a part of the real property insured against loss by fire, lightning and such other perils as are included in a standard "all risk" endorsement, and against loss or damage by all other risks and hazards covered by a standard extended coverage insurance policy, including, without limitation, vandalism, malicious mischief, burglary and theft. Such insurance shall be in an amount equal to the then full replacement cost of the buildings, improvements and fixtures, without deduction for physical depreciation, located at the real property. The insurance shall contain an endorsement providing that it will be primary as to any other insurance the Landlord may have for the real property or premises. Tenant shall maintain in effect the insurance coverages required of it under this Section at the sole expense of Tenant and with insurance companies licensed to do business in the State of Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by Landlord in writing, and approved by the Landlord in advance. In addition to the requirements stated above, the following applies to the insurance policies required under this Paragraph:

All policies shall be written on an “occurrence” form (“claims made” and “modified occurrence” forms are not acceptable);

All policies except the Worker’s Compensation Policy shall contain a waiver of subrogation naming “the City of Detroit Lakes”;

All policies except the Worker’s Compensation Policies, shall name “the City of Detroit Lakes” as an additional insured;

All policies except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by tenant under this Agreement; and

The worker’s compensation insurance shall cover paid employees and insurance similar to worker's compensation insurance shall cover volunteer workers.

Coverages afforded by all policies shall not be canceled or non-renewed, nor shall coverage limits be reduced by endorsement, without thirty (30) days prior written notice to the

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Landlord. Copies of all Certificates of Insurance which evidence current compliance with this Section must be filed with Landlord. Upon request of the Landlord, a copy of each insurance Policy, Declaration Page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to Landlord and shall provide satisfactory evidence that Tenant has complied with all insurance requirements. Renewal certificates shall be provided to Landlord prior to the expiration date of any of the required policies. the Landlord will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Tenant of any deficiencies in such documents and receipt thereof shall not relieve Tenant from, nor be deemed a waiver of, Landlord’s right to enforce the terms of Tenant’s obligations hereunder. the Landlord reserves the right to examine any policy provided for under this Section, a copy of which will be provided by Tenant to the Landlord upon request of the Landlord.

If Tenant fails to provide the specified insurance, then Tenant will defend, indemnify and hold harmless the Landlord, the Landlord's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Tenant agrees that this indemnity shall be construed and applied in favor of indemnification. Tenant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the Landlord may require Tenant to furnish and pay for a surety bond, satisfactory to the Landlord, guaranteeing performance of the indemnity obligation. Acceptance of the insurance by the Landlord shall not relieve, limit or decrease the liability of Tenant. Payment of any policy deductibles or retention shall be the responsibility of Tenant. Tenant shall control any special or unusual hazards and be responsible for any damages that result from those hazards. The City does not represent that the insurance requirements are sufficient to protect Tenant's interest or provide adequate coverage. 16. GOVERNMENTAL REGULATIONS. Tenant shall, at Tenant's sole cost and expense, comply with and faithfully observe all of the rules, regulations, ordinances, laws and requirements of county, municipal, state, federal and other applicable governmental authorities, present or future, which affect the occupancy or use of the leased Premises. Tenant shall defend and hold Landlord financially harmless from consequences of any violation of such laws, ordinances, or regulations. 17. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Tenant and any subcontractor and lessee must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the Landlord pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by Tenant or any subcontractor or lessee pursuant to this Agreement. Tenant and any subcontractor and lessee are subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Tenant or any subcontractor or lessee receives a request to release data, Tenant must immediately notify the Landlord. The Landlord will give Tenant instructions concerning the release

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of the data to the requesting party before the data is released. Tenant agrees to defend, indemnify, and hold the Landlord, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Tenant's officers, agents, partners, employees, volunteers, assignees, subcontractors or lessees unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 18. SUCCESSORS. This Lease shall extend to and bind the respective successors, and assigns of the parties. 19. DEFAULT. If Tenant defaults in the performance of any provision of this Lease, Landlord may give Tenant notice of such default. If Tenant does not cure any default within thirty (30) days after notice, then Landlord may terminate Tenant's occupancy under this Lease by notice to Tenant and on the date specified in said notice the Tenant's right of possession shall terminate, but Tenant shall remain liable for its obligations under this Lease. Landlord may, upon such failure to cure, terminate this lease at which time all real property, buildings and improvements and all personal property located on the premises shall be the sole property of Landlord, free and clear of any claim of Tenant and free and clear of any claim of any encumbrances granted by Tenant. Tenant must reimburse Landlord for any expenses, including attorney fees, incurred by Landlord by reason of any default of Tenant, including collection of amounts due under this lease and removal of Tenant from the Premises, whether by Court action or otherwise. Said expenses shall be due and payable upon demand therefore as provided by notice from Landlord to Tenant. 20. WAIVER OF DEFAULT. The failure of either party to insist on strict performance of any provision of this Lease shall not be construed as a waiver of such provision. 21. NOTICE. Any notice by either party to the other shall be in writing and shall be deemed to be duly given if delivered personally or mailed by certified mail in a postpaid envelope addressed as set forth at the beginning of this Lease. Notice shall be deemed duly given, if delivered personally, upon the delivery thereof, and if mailed, upon the day following the mailing thereof. 22. ENTIRE AGREEMENT. This Lease sets forth all agreements between Landlord and Tenant concerning the leased Premises. No amendment this Lease shall be binding upon Landlord or Tenant unless made in writing and signed by them. 23. HOLDING OVER. In the event Tenant remains in possession of the premises after the Term without the execution of a new Lease, it shall be deemed to be occupying said Premises as a Tenant in Sufferance, or at Landlord's option, as a Tenant from month-to-month only, subject to all terms of this Lease insofar as the same can be applicable to such a Tenancy. 24. NO BUSINESS RELATIONSHIP. Nothing in this Agreement shall be interpreted as creating a partnership or joint venture between the parties relative to the Optioned property or any business thereon. 25. NON DISCRIMINATION. During the performance of this Agreement Tenant, its subcontractors and lessees shall not discriminate against any employee or applicants for employment

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because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. Tenant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. Tenant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. Tenant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990 and its subsequent amendments. Activities and programming at the premises shall not be denied to any person because of race, creed, gender or national origin. 26. NO OTHER WARRANTIES. Other than those expressly stated, herein, Landlord makes no warranties or representations and Tenant has not relied on any such warranties or representations, express or implied, relative to the condition of the real property or any other matter relative to this Agreement. Tenant acknowledges that Tenant has thoroughly inspected the real property and will, if at all, lease the same in an "as is" condition. 27. CAPTIONS. All captions, headings or titles in this Agreement are for convenience and do not limit the scope of the paragraphs or sections to which they apply. 28. CONDEMNATION. If all or any part of the Premises is taken in condemnation proceedings instituted under power of eminent domain or is conveyed in lieu thereof under threat of condemnation, the money paid pursuant to such condemnation or shall be paid to Landlord. 29. INTERRUPTION OF SERVICES OR USE. Landlord is not required to pay for any or services connected with Tenant's occupancy of the Premises. Interruption of any services necessary to occupancy, including utilities shall not entitle Tenant to any claim against Landlord, nor shall the same be constructive or partial eviction. 30. PLATE GLASS INSURANCE. Tenant agrees to replace all plate glass and all other glass, if and when broken on said leased Premises. Tenant shall have the right to insure the plate glass if Tenant so desires. IN WITNESS OF THEIR AGREEMENT, the parties have executed this Agreement to be effective January 1, 2018. LANDLORD TENANT ____________________________ ____________________________ By: Matthew Brenk By: Its: MAYOR Its:

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____________________________ ____________________________ By: Kelcey Klemm By: Its: CITY ADMINISTRATOR Its: STATE OF MINNESOTA ) ):ss COUNTY OF BECKER ) The foregoing was acknowledged before me this ____ day of __________, 2017 by Matthew Brenk and by Kelcey Klemm respectively the Mayor and City Administrator of City of Detroit Lakes, a Minnesota municipal corporation on behalf of the corporation. NOTARY STAMP _______________________________ Notary Public My commission expires: STATE OF MINNESOTA ) ):ss COUNTY OF BECKER ) The foregoing was acknowledged before me this ____ day of __________, 2017 by ________________________ and by _______________________, respectively the ___________________ and _______________________ of Boys and Girls Club of Detroit Lakes, Inc., a Minnesota Non-Profit corporation, on behalf of the corporation. NOTARY STAMP _______________________________ Notary Public My commission expires: THIS INSTRUMENT WAS DRAFTED BY: RAMSTAD, SKOYLES & WINTERS, P.A. Charles J. Ramstad City Attorney 114 Holmes Street West Detroit Lakes, MN 56501 (218) 847-5653

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EXHIBIT A

Lyle Crovisier Park That part of the Southeast Quarter of the Northeast Quarter (SE¼ NE¼) of Section Twenty-seven (27), Township One Hundred Thirty-nine (139) North, Range Forty-one (41) West of the Fifth (5th) Principal Meridian, more particularly described as follows, to-wit:

Beginning at a point which bears Southerly three hundred ninety-two (392.0) feet on and along the Easterly line of said SE¼ NE¼ and Westerly thirty-two (32.0) rods parallel to the North line of said SE¼ NE¼ from the Northeast Corner thereof; thence running Southerly five hundred (500.0) feet parallel to the Easterly line of said SE¼ NE¼; thence Easterly three hundred forty-five (345.0) feet parallel to the North line of said SE¼ NE¼; thence Southerly one hundred fifty (150.0) feet parallel to the East line of said SE¼ NE¼; thence Westerly seventeen (17.0) feet parallel to the Northerly line of said SE¼ NE¼; thence Southerly fifty (50.0) feet parallel to the Easterly line of said SE¼ NE¼; thence Easterly one hundred fifty (150.0) feet parallel to the Northerly line of the said SE¼ NE¼ to a point fifty (50.0) feet distant Westerly from the Easterly line of the said SE¼ NE¼; thence Southerly fifty (50.0) feet parallel to the Easterly line of said SE¼ NE¼; thence Westerly three hundred (300.0) feet parallel to the Northerly line of said SE¼ NE¼; thence Southerly one hundred seventy-one (171.0) feet, more or less, parallel to the East line of said SE¼ NE¼ to the Southerly line of the said SE¼ NE¼; thence running Westerly five hundred fifty-three (553.0) feet, more or less, on and along the Southerly line of the said SE¼ NE¼ to a point which is four hundred seventeen and four tenths (417.4) feet Easterly from the Southwest Corner of the said SE¼ NE¼; thence Northerly parallel to the Westerly line of the said SE¼ NE¼ to a point which is three hundred ninety-two (392.0) feet South of the Northerly line of said SE¼ NE¼; thence running Easterly three hundred seventy-four (374.0) feet, more or less, parallel to the Northerly line of said SE¼ NE¼ to the point of beginning and there terminating; all according to Government Survey thereof;

Also all that part of the East seven hundred twenty (720.0) feet of Lot Number Seventy-six (76) of Auditor’s Plat of Sections 27 and 34, in T 139 N, R 41 W of the 5th P.M. described as follows:

Beginning at a point on the Northerly line of the NE¼ SE¼ of aforementioned Section 27 which bears Westerly three hundred fifty (350.0) feet from the Northeast Corner of said NE¼ SE¼; thence running Westerly three hundred seventy (370.0) feet on and along the Northerly line of said NE¼ SE¼; thence South parallel to the Easterly line of the NE¼ SE¼ of aforementioned Section 27 to the Southerly line of said Auditor’s Lot 76; thence Easterly parallel to the Northerly line of the aforementioned NE¼ SE¼ to an intersection with the Northwesterly line of State Highway #34 as the same is now located and established; thence running Northeasterly by a curve on the Northwesterly line of the said State Highway #34 to a point which is three hundred fifty (350.0) feet West of the Easterly line of said NE¼ SE¼; thence Northerly parallel to the Easterly line of said NE¼ SE¼ to the point of beginning and there terminating.

Exhibit 6G Return to Agenda

S:\Administration\2016\City Council\Resolutions\6 - MNDOT Agent for Federal Aid.docx

RESOLUTION NO. 2017

IN THE MATTER OF AUTHORIZING EXECUTION OF THE AGENGY DELEGATED CONTRACTING PROCESS AGREEMENT WITH MNDOT

BE IT RESOLVED, that pursuant to Minnesota Statutes Section 161.36, the Commissioner of Transportation be appointed as Agent of the City of Detroit Lakes to accept as its agent, federal aid funds which may be made available for eligible transportation related projects.

BE IT FURTHER RESOLVED, that the Mayor and the City Administrator are hereby authorized and directed for and on behalf of the City to execute and enter into an agreement with the Commissioner of Transportation prescribing the terms and conditions of said federal aid participation as set forth and contained in “Minnesota Department of Transportation Agency Agreement No. 1029939”, a copy of which said agreement was before the City Council and which is made a part hereof by reference.



______________________________ Matt Brenk, Mayor

_____________________ Glori French, City Clerk

Exhibit 6H Return to Agenda

By: Jon Pratt

Date: December 2017

No. Project Status Remarks/Comments1 TH 10/59 Frontage Road Improvements Project is substantially complete. Some of the pavement on City

frontage roads will be replaced. Schedule has not been

determined.

2 North TH 59 - Sanitary Sewer and Watermain

Improvements (Jail Project)

Project is substantially complete. Minor cleanup work will be

completed in the spring.

3 Long Pine Estates - Street and Utility Improvements Project is complete. Working on processing final payment.

4 The Landing on Little Detroit - Sanitary Sewer and

Watermain Improvements

Project is complete. Working on processing final payment.

5 Long Bridge Heights - Phase 3 Project complete. Working on processing final payment.

6 West Lake Drive Reconstruction and Multi-Use Trail:

Legion Rd to CSAH 6

Working on a City/County cooperative agreement. Topo/design

survey has been complete and preliminary design is underway.

County will begin easement R/W acquisition as soon as preliminary

design is more complete.

Project construction is tentatively set for 2020. Awarded $325,000 of

grant funding through MnDOT TA Funding. Awaiting results of BWSR

grant application.

7 Long Lake Annexation - Phase 4A Final design is in progress. Plan to bid the project in March. Construction for area 4A (north side) tentatively set for 2018.

Ultimate project will include extension of sewer and water utilities to

north and west sides of Long Lake.

8 Randolph Road - Street Improvements City received $1.5 million grant from Minnesota Highway Freight

Program. Recently met with MnDOT to talk about further

advancing the project. Suggest authorizing the survey and

preliminary design (Discuss at November PWC/CCM). Would like to

construct project in spring 2019. This may allow signal

improvements later in 2019.

Cooperative project with MnDOT. Improvements to Randolph Road

are needed to facilitate a new signal at East Shore/TH 10 and signal

modifications at Kris Street/TH 10 (completed by MnDOT). City

received $1.5 million grant from Minnesota Highway Freight Program

for Randolph Road. MnDOT secured grant funds for East Shore/TH

10 signal. Project is tentatively scheduled for 2019 (pending ROW

issues with BNSF). .

9 Highland Estates - Street and Utility Improvements PER has been authorized. Waiting for approval of site layout prior

to initiating PER. Developer has indicated that he would like to

begin the project in the spring of 2018.

Developer initiated project located near the intersection of Highland

Drive and Lemmon Road. Project includes a PUD with multi-family

condo unit.

City Engineer - Project Status Report

City of Detroit Lakes

Page 1 of 2

Exhibit 6J Return to Agenda

By: Jon Pratt

Date: December 2017

No. Project Status Remarks/Comments

City Engineer - Project Status Report

City of Detroit Lakes

10 West Lake Drive (CSAH 6 to Pelican River) - Sanitary

Sewer Improvements

Have started development of PER. Held public input meeting on

11/1/17. Public consensus was to proceed with improvements in

2018 that will include the construction of a lift station and sanitary

sewer system. Meeting with County on 12/12 to discuss possibility

of a more comprehensive improvement (street reconstruction,

drainage, multi-use trail).

Includes the area from CSAH 6 to Pelican River. Existing sanitary

sewer is pressure collection system that is routinely problematic.

PER will evaluate possible solutions. Some property owners also

expressed an interest in construction of curb/gutter and multi-use

trail.

11 Lake Forest 7th Addition - Street & Utility

Improvements

PER is complete and will be presented at December CCM. Developer initiated project for the final phase of the subdivision.

Would like to construct improvements in the summer of 2018.

12 Co. Road 131 - Sanitary Sewer and Watermain

Extension.

Meeting with County on 12/12 to discuss details. Consider

authorizing development of PER.

Property owner (Foltz Trucking) has requested annexation and

extension of sewer/water. County would also like to reconstruct

roadway (along with paving of Hillcrest/Stony Roads). Tentative

construction in summer 2018.

13 Broadlawn Estates - Street & Utility Improvements Consider authorizing development of PER. Holding an

informational meeting with property owners on 12/21.

Majority of property owners have petitioned for annexation and

sewer/water service. Would potentially combine project with Co.

Rd. 131 improvements.

14 Randolph Road - Sanitary Sewer & Lift Station

Abandonment

Design/Topo survey has been complete. Design is in progress. Project will involve installation/reconfiguration of sanitary sewer on

western end of Randolph Road. New sewer will allow for

abandonment of a problematic lift station. Project will be paid by

sewer utility fund and was a budgeted expense.

15 Twin home Development (Tomlinson/Schultz) -

Sanitary Sewer and Watermain improvements

Design will begin upon preliminary plat and PUD approval. Developer initiated project for the development of a PUD that will

contain twin homes. Project is being financed privately. Sewer and

water will be owned/operated by City. Streets will be private.

Construction tentatively scheduled for summer 2018.

Page 2 of 2

Number of Dogs taken to Marshmallow Foundation 3

Number of Cats taken to Marshmallow Foundation 9

Total Number of Animals 12

Number of Boarding Nights 58

0

9

City Fines Collected 3 120.00$

1 17.00$

City of Detroit Lakes Public Works

Animal Control Report - November 2017

Number of Dogs Boarded (0 Euthanized)

Number of Cats Boarded (0 Euthanized)

City Licenses Purchased ($17 ea)

Exhibit 6KReturn to Agenda


IN THE MATTER OF APPROVING THE CITY OF DETROIT LAKES FINAL BUDGET FOR THE CALENDAR YEAR 2018 AND

APPROVING THE FINAL 2017 TAX LEVY COLLECTIBLE IN 2018

BE IT RESOLVED By the Council of the City of Detroit Lakes, County of Becker, State of Minnesota, that the annual budget of the City of Detroit Lakes for the calendar year 2018, which has been submitted by the City Administrator and modified and approved by the Board of Tax Levy and the City Council, is hereby adopted as follows:

General Fund $ 6,306,006 Special Revenue Funds $13,156,809 Debt Service Funds 652,183 Special Assessment Funds 4,477,825 Sub Total $24,592,823 Liquor Store 6,070,215 Total Budget $ 30,663,038

BE IT FURTHER RESOLVED that, in addition to the sources of income available to the City, the following sums of money are to be levied for the current year, collectible in 2018 upon the taxable property in said City of Detroit Lakes, for the following purpose:

General Fund $3,062,264 Library Fund 295,000 Airport Fund 125,000 Development Authority Fund 69,100 Equipment Fund 557,645 Permanent Improvement Fund 970,000 1999 Fire Hall Bonds 35,000 Total $5,114,009

BE IT FURTHER RESOLVED The City Administrator is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Becker County, Minnesota.



____________________ Matt Brenk, Mayor

____________________ Glori French, City Clerk



IN THE MATTER OF AMENDING SECTION 210 OF THE CITY CODE RELATIVE TO RESEDENTIAL PLAN REVIEW FEES

BE IT RESOLVED BY the Council of the City of Detroit Lakes, Minnesota, that Section 210 of the Detroit Lakes City Code be amended effective January 1, 2018, as follows:

Section 1004, Building Permits

Residential Plan Review Fee is 10% of the Total Building Permit Fee



Matt Brenk, Mayor



7- Tort Liability Not Waiving Monetary


IN THE MATTER OF NOT WAIVING THE MONETARY LIMITS ON MUNICIPAL TORT LIABILITY

WHEREAS, The League of Minnesota Cities Insurance Trust has requested that Cities obtaining liability coverage from the LMCIT must decide whether or not to waive the statutory liability limits to the extent of the coverage purchased; and

WHEREAS, the City Administrator and Finance Officer have recommended to not waive the statutory tort limits as an individual claimant would be able to recover no more than $500,000.00 per claimant and $1.5 million per occurrence to which the statutory tort limits apply and the limits would apply regardless of whether or not the City of Detroit Lakes purchases the optional excess liability coverage.

NOW, THEREFORE, BE IT RESOLVED By the Council of the City of Detroit Lakes, Minnesota, that effective January 1, 2018 the City of Detroit Lakes does not waive the monetary limits on municipal tort liability established by Minnesota Statutes 466.04.



____________________________ Matt Brenk, Mayor

_________________________ Glori French, City Clerk

Exhibit 7DReturn to Agenda

RESOLUTION NO. 2017

IN THE MATTER OF DESIGNATING THE DETROIT LAKES TRIBUNE AS THE OFFICIAL NEWSPAPER FOR 2018

BE IT RESOLVED By the Council of the City of Detroit Lakes, Minnesota, that The Detroit Lakes Tribune, with publishing days of Wednesday and Sunday each week, be hereby designated as the official newspaper for the Year 2018.



____________________________Matt Brenk, Mayor

___________________________ Glori French, City Clerk

Exhibit 7EReturn to Agenda

RESOLUTION NO. 2017

IN THE MATTER OF DESIGNATING DEPOSITORIES FOR CITY FUNDS FOR THE YEAR 2018

BE IT RESOLVED By the Council of the City of Detroit Lakes, Minnesota, that

Bremer Bank & Trust Bell Bank & Trust First Security Bank American National Bank of Minnesota Gardner Financial Services Edward Jones Wells Fargo Bank MN Wells Fargo Advisors Midwest Bank Raymond James Financial Services Mid Minnesota Federal Credit Union

are hereby designated to act as a depository for City funds for the Year 2018.



Matt Brenk, Mayor

______________________ Glori French, City Clerk

Exhibit 7FReturn to Agenda

L2-O4-2O11 09:52 Ali!

. FUND ACCOT'![T# ACCOI'NT IiIA!,tE

CITY OF DRTROIT I.AKES

POOTJED CASH REPORT (FTJND 999)

AS OF: NOVEMBER 30TIt, 201?

PAGE: 1

BEGINNING

BAIJAIICE

CURRENT

ACTIvITT

CT'RREIIT

BAI,AI{CE

CI,AIM ON EASH

102-10100

104-10100

204-10100

205-10100

206 -10100

20?-10100

208 -10100

209-10100

210 -10100

211 -10100

212 -10100

213-10100

215-10100

304 -10100

305-10100

306 -10100

307-10100

415-10100

416 -10100

41?-10100

418 -10100

419-10100

420-t 0100

421-10100

422 -10100

423 -10100

424-10100

425-10100

426 -10100

{2?-10100

428-10100

429- 10100

430 -10100

431-10100

432-10100

433 - 10100

434-10100

435 -10100

436-10100

43?-10100

438 - 10 100

439 -10100

440 - 10100

441-10100

442 -10100

443 -10100

501-10100

502 -10100

503 -10100

CASH-GENER,BIJ FUIID

CASH.SCH@L T.LAISON OFFICM,

CASH - FIRE DEPT

CESH-IJIBRARY FI'ND

CASH-AIRPORT FUND

CASH-DEVEI,OPMENT ATM{ORITT

CASH-IJODGING TAX

CASH-STORM WATER,

CASH-EQUIPIGSIT FT'![D

CASH.PARK DEDXCATION FU![D

CASH.PERMA}IENT IMPROVEMENT FT'N

CASH.FOOD & BEVER,AGE TAX

CASH-BOIID EMERGENCI PUND

EASH.2O16 CAPITAL PROiIECTS

CASH-2015 CAPITAIJ PROI'ECTS

CESH -MISCELT.ANEOUS CINTRTBTIIO

CASH.2O1? CAPITAL PROiIECIS

CASH.QZAB/HOTJMBS DEBT SERVICE

CASH.TIF *28-1 (I'NION CENIT.AII)

CASH.TIF S1?-1 (MMCDC)

EASH-FIRE HAIJJ DEBT SERVICE

CESH-TIF *34-1 (DIJ HOTEIJ PART)

cAsH-TrF #33-1 (CiI, INC)

CASH-TIB *8-2 (grs1y1't51

eesH-TrF *20-1 (rJNrON SQIrARE)

CASH-TIF $23-1 (ACS/IIARnTANS)

CASH-TIF *18 -1 (CINSOIJIDATED)

CASII.TIF *24.1 (IODGE LK DEf,)

CASH-TIF *8-15 (PETJICAN RvR)

CAsH. TIF *35-1 (MCKINLRT PIJZ)

CASH-TrF #25-1 (ClIA!{Bm,)

CASH-TIF *8-3 (GRATSTOIIB)

CISH-TIF *16-1 (litODERN BUS)

CASH.TIF *8-8 (IONG BRIDGE)

cAsH-TrF S8-9 (RrCHtf@D)

CASH-TIP *8-10 (I'IARINA CONDO)

CASH-TIF *36-1 (ABSOII'TE ICE)

CASH.TIF *21.1 (GRO\IER LI!!D)

cAaH-TrF *2?-1(PLSNT ACRES II)CASH-TIF *8-4 (ST. lreRYrS)

easH-TrF *8-s (WOYTASSEK)

CASH-TIF S32-1 (N.PORT WEIJD)

cAsH-TrF *30-t (DOWNTO!{N XINC)

CASH-TIF *8-13 (INH MEADOWS}

CESH.TIF *8-14 (INH PLSNT AC)

CASH-TIF *26-1 (I..BRIDGE HGTS)

CASH - 2 0 10 / 1 1 ASSESSI,TEI{T8

CASH-DRTROIT I.AKE DR

caaH-2008/0 9 ASSBSSMEI|TS

35,192.261 1,294.?35.51

6,005.25) {0.312.840 .00 0 .00

33,?40.93) ( 6,902.44)259,868.61 ( s62,s09.50)

20,032.90) 458,801.492.004.79 96,945.21

33,235.82 468,543.90L27.942.6L1 1.096,923.31

201.02 415,304.s0

193,315.64) L,642,84L.23

255,89s.87) 255,55?.0s

16.7L 158,485.99

s,?3?.05) ( 23,660.09)

20,361.06 ( 33,27L.461

12s.00) 99,2s0.s050,s37.s9) ( 2,53?,832.83)

0.00 0.000.00 0.000.00 0.00

0.00 2s,6L4.24

0 .00 0 .00

0.00 0.000.00 0.00

0.00 0.000.00 0.000.00 0.000 .00 836 .37

0.00 0.000.00 0.00

0.00 0.000.00 45,821.91

0 .00 0 .00

0.00 68,320.020 .00 0 .00

0 .00 0 .00

0.00 0.000.00 322.78

0.00 0.000 .00 0 .00

0.00 0.000 .00 2 ,2.1L.700.00 LL,294.540.00 0.000.00 65rr.83

0 .00 ( 2, 082 .39)L6.32 33,706.0424.98 51,601.3054.42 LL2,437.2O

L,330 .527 .77

46, 318 .09

0 .00

26 , 838 .49

( 822.378.L71

4?8, 834 . 39

94,94L .48

43s, 308 . 08

1,224,A65.92

41s, 103 .48

1, 835, 156 .8?

sLL,452.92

158 , 410 .28( 17,923.04)( s3,632. s2)

99, 37s . 50

( 2,s87,295.241

0 .00

0 .00

0 .00

2s,6L4.24

0 .00

0 .00

0 .00

0 .00

0 .00

0 .00

836 .3?

0 .00

0 .00

0 .00

45,821 . 91

0 .00

68, 320 .02

0 .00

0 .00

0 .00

322.78

0 .00

0 .00

o .00

2,2'1L.70LL,294.54

0 .00

654 .83( 2,O82.391

33,689.12

51. 576 . 32

Lr2 ,382 .7e

Exhibit 7H

Return to Agenda

L2-04-20L7 09:52 A!{

FgllD ACCOUIIT* ACCOUTtT llAl'lE

CITT OF DEIROIT TJAKES

POOIJED CASH REPORT (FUND 999)

AS OF: NOVEMBER 30TlI, 2017

PAGEI 2

BECiINNING

BAI,AIICE

CT'RREIIT

ACIIVITT

CT'RRENT

BAI,ANCE

s04-10100

s0s-10100

505-10100

50?-10100

508 -10100

509 -10100

510 -10100

511-10100

512 -10100

s13 -10100

514-10100

519-10100

600 -10100

599-10100

?00- 10100

?01-10100

?02 -10100

703-10100

?04-10100

TOTAL CI.AIM ON

cAsH- 1996/9? ASSESSMENTS

CASH.2O15 DEBT SERVICE FIJND

CASH.2O16 AASESSMENTS

cAsH-2o 13 ASSESSUEIITS

cAsH-2002 ASSESSI{EIITA

cAsH-2003 ASSESSMEIITS

CASH.2OOs ASSESSMENTS

CASH.2OO6 ASSESSMENTS

cAsH-2o 12 ASSESSUEIITS

CASH.2OO? ASSESSMENTS

cAsH - 2017 AssEssttlENTs

CASH-1989 DEBT REDEMFTION

CASII-TRUST FUND/REf, IREES

CASH.IRP

CASH-LATESNET

CASH.ET,EqIRIC

CASH.WATER

CASH.SEWER OPERATION

CASIT-LIOUOR

CASH

25, 815 .62

49s, 986 . 11

502,2L3.62

L26,tLB.2tL25,9L8.42

110, 694 .82

5?0 , 135 .4?

38, ?89 .88 )

14, 495 . 39

34, 808 .55)

0 .00

482 .80

304, 109 . 03

408,848.15

0 .00

s, 576 , 1?6 . s6

1 , 069, 151 . ?5

L,465.273.16

L2.99

L,L2O.22

5,257 .O2

61 .08

60-98

10, 1?4.74

6 , 109 .43

s, 332 .50

3,100.00)

0 .00

0 .00

0 .00

20,187 .9L

3, 732 . s3

0 .00

28, 990 .21)

43, 813 .69

926 .89)

19{, 387 . 54

26,828.6L

497, 105 . 33

507 .410.64L26,L79.29

L25,979.40

120, 869. s6

576,245.90

33,457.38)

11, 395.39

34,808.65)

0 .00

482 .80

324 ,896 .94

412, 580 .68

0 .00

5, 54?, 186 .35

L,LL2,965.44

1, 465, 346 . 87

868 243.31 L,062, 630 - 85

CESH IN BA}IK . POOIJED CASH

999-10110 POOLAD CASH

SI'BTO|rAI. CESH IN BENK . POOI.ED CASH

WEGES PATAALE

999-20999 rmGES PAYABT.E

ST,BTOTAIJ WAGES PAYABI'E

TOTAI, CASH IN BANK . POOIJED CASH

DI'E TO qNIER EUIIDS - POOI.ED CAAH

999-20111 DI'E TO qNIER FUNDS

TOTAL I'I'E TO OTTIER FUNDS

1s,119,6?2.61 ( 1s5,44?.?8) L4,964,224.83

15, 119,6?2 .51 ( 155,447.?8) L4,964,224.93

L4,964,224.43t5.LL9,612.6L ( 155.447.?8)

o-00 0 .00 0 .00

0 .00 0 .00

15,119,6?2.61 ( 155,447.78) L4,964,224.81

L5 ,LL9 ,672 .5L ( 155,447.78) 14,964,224.43

15,119,6?2.61 ( 155,447.?8) L4.964,224.53

000

12-05-201? 10r5? AM

IO2.GENERAL FI'ND

FIIIAIICIA! SUMMART

CITT OF DETROI'| LAKES

REVENT'E & EXPENSE REPORT (UNAUDI'T'EI))

AS OF: NOVEMBEII 301'tt, 201"?

PAGE: 1

9T.6?& OF YE,AR COMP.

CUIIRENT

BIJDCE'1'

CURREMT

PERIOT)

YEAR TO DATE

ACTUAL

toFBUDGET

BT'DGET

BALANCE

REVENT'B STJMMARY

TN(ES

I]ICENSES & PERMTTS

INTERGOVERNUENTAI

CHARGES FOR SERVICES

FINES & FORFEIIURES

MISCELI,ANEOUS

2,915,16r..00

233,568 .00

1,184.355.00

38?.025 .00

?2,000.00

1.510. 37s.00

0.00

30, 335. ?9

15,200.'r5

4L,267.84

6, 955.49

252,490 .85

L , 565 ,522 . L2

L57,869.42

833, 368 . ?8

676,694.6'7't't ,3'10 .34

53.68

6?.56

?0.36

L?4.85

10? .46

84 .93

r, 350 . 638 .88

?5, 798 .58

350,986.22

289 ,669 .671

5, 3?0 .3{)227 ,675.78L.242 ,699 .22

TOTAL REVENT'ES

EXPENDITURE sT'M!,IARY

Reimburaement.

CouncilMayor

ElecCiona

CiCy Adnlnl8cracionLegaI

Clt'y Aa6esaor

PlamingCtty Adoinl6t,ration BIdg.

Holme6 Comnraicy CenEer

PoIiceFireBuildtng In6peclorAnimal controlAdmiaiaE,rat,ion

l,laLncenance Shop

St.reecB & A11ey6

Snow Remaal

Signals & Sigm8

Weed ConCroL

Yard ltaste/RecyllngDuEch Elm/PorescryFood Panery

Holmes Center ConEracc

Parka

Snappy Park

PavllionSoccer Field6Summer Recreac.lon

skaeing RinkB

Sport.a Areftr *1sporcs Arena *2Bad Debt, E:q)en8e

UnaLLocated/Mlsc.Tran6fer Eo Bond Emergenc

0.00

96,590.00

1"5,473 .00

r,800.00275, ?38 . 00

r"46, 829.00

7L,'t1...00

214.605.00

22,4L6.OO

0.00

L,'164,',t52.00

30r,545.00198,22r.0025,995.00

226,'tls.0030?, 402 . 00

1. 003 , 4i.3 . 00

356, 992.00

51.264.00

3?,865.00

48,762.0a

2r.359.002,650.0C

50, 000.00

350, 488 . 00

24,333.00

38,566 .00

24,002 .00

55, ??5 . 00

24, ?05.00

326.703.00

0.00100 .00

L66,650.00

50, 000 .00

6,303,584 .00 345 ,250 .72 4, 593.524 .55 72.8't 1., ?10,059.45

2,320.45) (

Lt,2'.t4 .72

2,808 ..,4

0.00

19, 521.8?

11,336.??

0.00

22,'t95 .23

r,050.200.00

r28 , 602 .68

9 ,828 .25

5.24?.11

2, 59r..03

L5,930.52

24 , 9L0 .04

54 , 433 ,9't't,597 .2L

3, 6?8 .58

3 , L29 .37

0.00

2,47.,.78'lt,.B8

c.00

22 ,84C . 99

l, 183 .00

t ,652.3435.44

35.81

441.39

38,,i89.95

2,086 .54

0.84

2t,049 .'t555,000 .00

12,000.0r)89,4r.9.48

13,555.3?

0.00

224,323 .L0

r.36, 591.05

82,189.10

L97 ,50't .'t6

18, 935,68

0.00

r., 535. 33?.28

255,208.51

L1'.t ,425.1628,390.65

L86 ,954 .69

274,56't.03

807 ,238.29242,'.t36 .63

43 ,999 .34

29, 643 .83

34, 967 .03

35,860 .36

t,2'16.L4

s0, 000 .00

3?2,598 .08

L3 , O42 .63

28 , 437 .4rL6, 328 . 32

56 , 0't2 ,17

13, 325.88

2r5,357.541?,309 .28

r64.11

151,5?6.88

0 .00

92 .5L

8?.6L

0.00

81.35

93 .03

L14.5L

92.03

84.4'l0 .00

8? .00

84.63

89.51

r.09.21

82 .46

89.32

80 .45

67 .99

85.83'18.29

'tL.'tLr5?.8948.16

100.00

106.3rs3 .60

73.'t4

68.03100.53

53.94

65.92

0 .00

164 . Lt90.95

110. O0

r.2, 000 . 01

7 ,240.521, 9i.? .63

r., 800 .00

5 1,414 .90

r0,23? . 95

10, 415 . ?0 )

L7 ,097 .24

3, 480 . 32

0.00

229 ,4L4 ,'t246,33'7 .49

20,795.64

2.394.66)

39,?50.31

32,834.9'l196,L't4.1L

114, 255 . 37

7,264.66

I ,22L.L7L3,'194.97

14, 501 .36 )

1, 373 . 86

0.00

22.110.08)

11,290.3?

10, 128 . 59

7 ,6't1 .68

29?.37'l

11,379.12

rrr., 345 .45

17, 309 .28 )

64.11)15, 0?3 . X2

5.000.00),000.00

5,303,584.00 480.?81.25 5,393,369.?8 85.55 9t0,2t4.22TOTAL EXPENDITURES

Exhibit 7F Return to Agenda

To: Mayor Matt Brenk

From: Chief Steve Todd

RE: Monthly Report

Date: December 4, 2017

We installed a television/monitor in the records area to play slide shows.

Zuercher Field Ops testing begins on December 20th.

I am closely following our budget as we near the end of the year. I have a few different

potential purchases that I am looking at if it appears we’ll have some funding left. Those items

include ballistic helmets, a long gun locker for the end of the hallway by the evidence room, and

some type of ballistic shield for high risk incidents. One other item I’d be interested in

purchasing is a different style of evidence locker with sections of small lockers instead of all

large ones.

City administration presented the Police Officer’s Union contract proposals to the finance

committee last week. I believe it will be presented to city council next Tuesday if the union has

been notified of the officer’s ratification vote. It appears that both sides are happy with the

outcome as am I.

The closing date for new hire applications was Friday, December 1st. We had 33 applicants for

the police officer position. The previous hiring process brought 25 applicants, the one before

that brought 14 to 18 I believe. We are moving in a good direction and the increase in

applicants indicates that candidates are hearing good things about the PD.

Our Parking Tickets are getting close to finalized for the update. I have the latest draft from the

printer on my desk if anyone wants to look at it. They will include about 20 violations to choose

from and the ticket itself will be an envelope that can be mailed. We are working with local

business Precision Printing on the update.

Our department budget is in good shape. As of today we have completed 91.67% of the

calendar year and we have spent 87% of the annual budget.

The Women of the DLPD Family are scheduled to have a Christmas get together at the Todd

home tonight. We’ll let everyone know if weather forces a rescheduling.


A local missing teenager was located in California. This case demanded hundreds of hours of

investigation and is still not complete. Several questions are still unanswered and we will

continue to follow leads on the case.

The police and fire departments worked closely together last weekend on a large fatal fire at

Edgewater Condominiums. The fire department was very professional and did an excellent job.

Chief Steve Todd

Made by Page 1 of 2

Detoit Lakes Police Monthly CFS Report Printed on December 4, 2017

ZoneCode

City of Detroit Lakes Totals

911H 27 27

ALARM 24 24

ANIMAL 26 26

ASSAULT 5 5

ASSIST 32 32

ATL 2 2

BURG 5 5

CAF 30 30

City Ord 1 1

CIVIL 15 15

COV 4 4

DEATHNTF 1 1

DISORD 3 3

DIST 21 21

DOM 3 3

DRUG 10 10

EXTRA 5 5

FIRE 5 5

FRAUD 3 3

FUNERAL 3 3

HARR 12 12

INFO 59 59

JUV 7 7

MED 101 101

MISS 2 2

MVC 33 33

MVTHEFT 3 3

NOISE 3 3

OFF 16 16

PARKING 19 19

POR 4 4

PROP 8 8

PROPDAM 3 3

ROBBERY 1 1

SEXCON 1 1

SHLIFTING 9 9

SUICIDE 7 7

SUSPACT 41 41

THEFT 41 41

Made by Page 2 of 2

ZoneCode

City of Detroit Lakes Totals

THEFT - NSF CHECK 2 2

THREATS 6 6

TRANS 5 5

TRANSCIV 1 1

TRESPASS 4 4

TRFCOMP 30 30

TSTOP 144 144

VANDAL 2 2

VEHASST 2 2

VEHSTLN 2 2

WARRANT 15 15

WARRANTNEW 1 1

WARRANTS 2 2

WELFARE 39 39

18 18

Totals 868 868

Month

Total

Calls City Calls Cancelled

Detroit

Township

Lake View

Township

Erie

Township Rescue Other Mutual Aid

January 23 8 8 1 4

MA Given-Callaway (2)

MA Rec'd - Audubon & Frazee

February 17 8 6 1 1 1-White Earth

March 17 6 4 2 1 1

1-Burlington Twp,

1-Richwood Twp,

1-Height of Land MA Given - Audubon

April 16 8 3 2 2 1-Richwood TwpMA Rec'd - Audubon & Frazee

MA Rec'd - DNR

May 18 8 3 3 1 11-Burlington Twp, 1-

Audubon, MA Given - Audubon

June 22 12 3 2 3 1 1 - CallawayMA Given - Callaway

MA Rec'd Audubon (2) & Frazee (1)

July 31 10 7 5 7 1 1 - Richwood MA Rec'd - Audubon, Callaway & Frazee

August 19 10 6 0 1 0 1 - Richwood, 1 - Frazee MA Given - Callaway & Frazee

September 18 8 5 2 2 0 1-Lake Park MA Given - Lake Park

October 25 7 8 4 4

1 - Richwood Twp;

1 - Vergas MA Given - Vergas

November 21 10 6 2 0 01-White Earth

1-Rochert, 1-Frazee

MA Given - Frazee & Becker Co

MA Rec'd Audubon (3) 7 Callaway

December

Totals 227 95 59 22 24 7 1

2017 FIRE REPORT SUMMARY

For December 12, 2017 Council

Detroit Lakes Fire Department

November 2017

Exhibit 8CReturn to Agenda

Exhibit 9AReturn to Agenda

MUNICIPAL LIQUOR STORE2OO HOLMES STREET EAST

DETROIT LAKES, MN

SALES REPORTFOR THE MONTH OF November, 2017

Sales;Cunent

Year to Date

Customer Count:Cunent

Year to Date

2017

223,920

2016$$ lncrease(Decrease)

7o lncrease(Decrease)

81 0.Mo/o

6,615 3.04o/o

$477,461.69 $q1t,794.45 $5,667.24 1.20%

$5,901 ,798.14 $5,6g9,401.50 $212,396.64 3.73o/o

18,486 18,405

217,305


RESOLUTION 2017-

IN THE MATTER OF DESIGNATION POLLING LOCATIONS IN THE CITY OF DETROIT LAKES, MINNESOTA

WHEREAS, the City of Detroit Lakes has been instructed to name the polling locations for the 2018 Election year; and

WHEREAS, First Lutheran Church, Grace Lutheran Church and Trinity Lutheran Church hav given the City approval to use their facilities; and

WHEREAS, First Lutheran Church, Grace Lutheran Church and Trinity Lutheran Church have been used in prior elections and have been adequate for local, State and Federal elections.

NOW, THEREFORE, BE IT RESOLVED By the Council of the City of Detroit Lakes, Minnesota, that the polling place in the City of Detroit Lakes for the 2018 Election year:

First Ward – Precinct I Grace Lutheran Church 213 Roosevelt Avenue

Second Ward – Precinct I Trinity Lutheran Church 1401 Madison Avenue

Third Ward – Precinct I First Lutheran Church 912 Lake Avenue



_____________________ Matt Brenk, Mayor

__________________________ Glori French, City Clerk

Exhibit 11A Return to Agenda

Delete Section 3. Equal Employment Opportunity

The policy and intent of the City of Detroit Lakes is to provide equal employment opportunity for all persons regardless of race, color, religion, national origin, marital status, political affiliation, status with regard to public assistance, disability, sex, or age. This policy applies to all aspects of full, part-time and seasonal employment practices including selection, promotion, transfer, compensation, benefits, layoffs and termination.

Replace Section 3. Equal Employment Opportunity

The policy and intent of the City of Detroit Lakes is to provide equal employment opportunity for all persons regardless of race, color, religion, national origin, parental status, political affiliation, military service, disability, family medical history or genetic information, sex, (including pregnancy, gender identity and sexual orientation), age or other non-merit based factors. This policy applies to all aspects of full, part-time and seasonal employment practices including selection, promotion, transfer, compensation, benefits, layoffs and termination.

Delete Section 11. Subd.15

Subd. 15. Health Insurance

The City of Detroit Lakes provides health insurance coverage for all eligible employees, health insurance benefits begin effective on the first date of employment.

The City of Detroit Lakes $3250 BC/BS of Minnesota Health Plan is a grandfather health plan under the Patient Protection and Affordable Care Act (the Affordable Care Act). As permitted by the Affordable Care Act, a grandfathered health plan can preserve certain basic health coverage that was already in effect when that law was enacted. Being a grandfathered health plan means that your plan may not include certain consumer protections of the affordable Care Act that apply to other plans, for example, the requirement for the provision of preventive health services without any cost sharing. However, grandfathered health plans must comply with certain other consumer protections in the Affordable Care Act for example, the elimination of lifetime limits on benefits. The City of Detroit Lakes $5000 BC/BS of Minnesota Health Plan is a non-grandfathered plan. ADDED: 01/01/2011; AMENDED: 1/1/2015

Contributions and health insurance plan options for eligible Union employees are covered under the approved Union Agreements according to each Union. (See each Union Agreement for details) ADDED 1/1/2015

The City will make the following contributions to the health insurance plan for eligible non-union employees.

A) $5950/$11900 High Deductible/Co-payInsurance Health Savings Account (HSA) ADDED1/1/2015

1) In 2015, 2016 and 2017 the employer will pay 100% of the premium for single coverage.

2) In 2015, 2016 and 2017 the employer will pay the 2014 premium plus 75% of thepremium increase and employee will pay 25% of the premium increase for family coverage.

Exhibit 11BReturn to Agenda

(Example in 2015 employer pays $994.12 per month and employee pays $30.88 per month for family coverage) 3) Employees share of deductible/out of pocket maximum: Single coverage $3250 and family coverage of $6,500. (Note IRS deductible amount noted below) 4) The employee shall be responsible for paying deductible amounts up to the minimum amount required for a plan to qualify as a High Deductible Heath Savings Account Plan under Internal Revenue Service regulations for High Deductible Health Savings Plans having fourth quarter carryover and imbedded deductibles. 5) City share of deductible/out of pocket maximum: Single coverage $2,700 and family coverage $5,400. The City share of the deductible/out of pocket maximum will be reimbursed to the employee. (Note IRS deductible amount noted above) Replace Section 11. Subd.15

Subd. 15. Health Insurance

The City of Detroit Lakes provides health insurance coverage for all eligible employees, such health insurance benefits begin effective on the first date of employment. The City Council, during the annual budget process, will determine the Employer’s share of single and family coverage. Each Employee’s portion of the dependent coverage premium shall be deducted from his or her paycheck. Delete Section 11. Subd.16

Subd. 16. Life Insurance The Detroit Lakes Public Utilities Commission shall provide a $20,000 life insurance policy for each Public Utility employee. Replace Section 11. Subd.16

Subd. 16. Life Insurance

The City will provide full-time Employees a Group Life Insurance Plan in the amount of $20,000.

Delete Section 11. Subd. 19 Team Legal Defense Fund

The City agrees to pay 50% of the premium for Team Legal Defense Fund for the Police Chief, Police Captain and Police Sergeant. ADDED: 5/2/00

Delete Section 16. Death or Illness. Excused absence without payroll deduction will be allowed by the employer in the event of maternity cases and when a death occurs in the employee's immediate family, namely: spouse, son, daughter, father, mother, sister, brother, sister-in-law, brother in law, father-in-law, mother-in-law, grandparents and grandchildren. Absence will be allowed for the time necessary for such occasions, not exceeding three (3) work days. In the event that such maternity case or death requires a longer time of absence on the part of the employee, payroll deductions may be made for a period exceeding three (3) days.

Replace Section 16. FUNERAL LEAVE

Excused absence without payroll deduction will be allowed by the Employer in the event of a death that occurs in the Employee’s immediate family, namely: spouse, children, step-children, parent, step-parent, brother/sister, step-brother/sister, mother/father-in-law, brother/sister-in-law, grandparents, and grandchildren. Absence will be allowed for the time necessary for the funeral not exceeding three (3) working days. In the event that a death requires a longer time of absence on the part of the employee, payroll deductions may be made for a period exceeding three (3) days. Add to Section 19. PARENTAL LEAVE Excused absence without payroll deduction will be allowed by the Employer in the event of a birth/adoption of child/children of the employee. Absence will be allowed for the time necessary for such maternity case, not exceeding three (3) working days. In the event that such maternity case requires a longer time of absence on the part of the employee, payroll deductions may be made for a period exceeding three (3) days. Delete Section 34. Safety Glasses

Eye protection shall be provided by the City of Detroit Lakes and will be used whenever employees are doing work where flying objects or substances are likely to be hazardous; or when there is a possibility of receiving injury or a foreign body in the eye. Employees will arrange for and pay for an eye examination at the doctor of their choice and the City of Detroit Lakes will pay for filling the prescription including fitting and all dispensing fees. Employees operating VDT's are authorized data specs to protect the operator from eye fatigue and strain. Eye examinations and prescriptions will be at the City of Detroit Lakes expense. The City of Detroit Lakes will pay for the following items as indicated. Employees will be required to pay for any items not listed or any costs in excess of those shown. Safety glasses to be filled by the vendor include safety lenses (must meet OSHA standards), frames, case and all dispensing fees. Lens and Frame Glass Plastic Polycarbonate Single Vision $19.00 $19.00 $33.00 Bifocals 32.00 36.00 Trifocals 42.00 42.00 Double Segments 55.00 65.00

Additionally the City of Detroit Lakes will pay for the following: Over Power (lens power in excess of +4.00 ply to -2.00) $ 6.00 Tints (Glass) 6.00 Photogray Single Vision 12.00 Multi-focal 15.00 Plastic Solid Tints 6.00 Gradiants 10.00 UV Coat 12.00 Anti-Scratch Coat 12.00 Additional Frame Allocation 15.00 Permanent or Clip-on Side Shields 8.00 Wire Mesh Clip or Side Shields 8.00 Anti-Reflective Coating 30.00 Replace Section 34. Safety Glasses.

Safety eye protection shall be provided by the City of Detroit Lakes and will be used whenever employees are doing work where flying objects or substances are likely to be hazardous; or when there is a possibility of receiving injury or a foreign body in the eye. Employees will arrange for and pay for an eye examination at the doctor of their choice and the employer will pay for filling the prescription including fitting and all dispensing fees. Delete Section 38. Post-Retirement Health Care Savings Plan Section 38. Post-Retirement Health Care Savings Plan Establishment: The City of Detroit Lakes shall establish a plan or plans, known as post-retirement health care savings plans, through which the City of Detroit Lakes and its employees may save to cover post-retirement health care costs in accordance with Minnesota Statutes 352.98. The City Council shall make available one or, more trusts, authorized under the Internal Revenue Code to be eligible for tax-preferred or tax-free treatment through which the City of Detroit Lakes and its employees can save to cover post-retirement health care costs. Authorization: The City Administrator’s Office is hereby authorized and directed to administer the plan and provide investment services, record keeping, benefit payments, and other functions necessary for the administration of the plan. Investments: Investment of plan assets will be in accordance with State of Minnesota guidelines for investment of City funds and interest income from the plan will be allocated on a monthly basis to each participant. Contributions: Contributions to the plan shall be determined through the City’s Personnel Policy or in a collective bargaining agreement with the appropriate bargaining unit. The City may offer different types of trusts permitted under the Internal Revenue Code to best meet the needs of different employee units. Contributions to the plan by or on behalf of the employee shall be held in trust for reimbursement of employee and dependent health-related expenses following termination of

public service. The City shall maintain a separate account of the contributions made by or on behalf of each participant and the earnings thereon. Accumulations in the employees account will be invested in a guaranteed interest-bearing instrument. The City shall determine how the assets of the affected employee should be invested. Reimbursement For Health Related Expenses: Following termination of public service, the City shall reimburse employees for out of pocket medical expenses on a monthly basis upon submission of proper claim forms. Payments to employees will be made until the employee exhausts the accumulation in the employee’s account. If an employee dies prior to exhausting the employee’s account balance, the employee’s spouse or dependents shall be eligible to be reimbursed for health care expenses from the account until the account balance is exhausted. If an account balance remains after the death of a participant and all of the participant’s legal dependents, the remainder of the account shall be paid to the employee’s beneficiaries or if none to the employee’s estate. Fees: There will be no administrative fees charged to administer the health care savings plan at this time, however the City of Detroit Lakes reserves the right to charge an administrative fee in the event it is determined that the costs to administer the plan are excessive or if the City plan were transferred to a third party provider. In the event an administrative fee is charged, it will be to recover the cost of operating the plan. Any fees not needed shall revert to participant accounts or be used to reduce plan fees the following year. If it is determined that a fee is required it shall not exceed .6% of contributions annually. Advisory Committee: The City shall establish a participant advisory committee for the plan, made up of one representative from each employee unit participating in the plan, the City Administrator and the City Finance Officer. Each employee unit shall be responsible for the expenses of its own representative. The advisory committee shall meet at least once a year and shall review investments and the status of the plan. Employees Covered: All non-union and Administrative employees and any City bargaining units that chooses to participate through a collective bargaining agreement. Mandatory Employee Contribution: Non-union and administrative employees shall contribute 100% of any severance pay and accumulated vacation pay accrued at the time of termination of service. IRS Regulation /Exemptions (IRS Publication 557): Excluded employees include “non resident aliens and who receive no earned income from the employer that is United States source income. This also applies to Native Americans. (Foreign Nationals) Employees who are entitled to employer-paid health care coverage for life are also exempt. This also applies if the employee has lifetime coverage through a spouse’s employer. Employees receiving health care coverage through the military also known at the TriCare exemption. Statements: Account statements will be mailed to the employee or beneficiary once a year. Account information can be obtained at any time by calling the City Administrative offices at (218) 847-5658 or in person at the City Administration Building, 1025 Roosevelt Avenue, Detroit Lakes, Minnesota. Eligibility: You are eligible to draw from your account under the following circumstance: Termination of employment

Eligible Expenses: Eligible medical expenses are those expenses, which are deductible for federal income tax purposes. These include expenses related to the diagnosis, care, treatment or prevention of disease, including the cost of health and dental insurance, long-term care insurance and monthly Medicare B premiums. See IRS publication 502. Added: 4/2/02

Replace Section 38. Post-Retirement Health Care Savings Plan

Section 38. Post-Retirement Health Care Savings Plan

Policy: Employees will be eligible to participate in the Minnesota Post Employment Health Care Savings Plan (HCSP) established under Minnesota Statutes, section 352.98 Minn. Supp.2001) and as outlined in the Minnesota State Retirement System’s Trust and Plan Documents. All funds collected by the employer on the behalf of the employee will be deposited into the employee’s post-employment health care savings plan account.

Employees Covered: Non-union and any City bargaining units that chooses to participate through a collective bargaining agreement.

Mandatory Employee Contribution: Non-union employees are mandated to contribute 100% of any severance pay and accumulated vacation at the time of termination of service.

IRS Regulation /Exemptions (IRS Publication 557): Excluded employees include “non resident aliens and who receive no earned income from the employer that is United States source income. This also applies to Native Americans. (Foreign Nationals)

Employees who are entitled to employer-paid health care coverage for life are also exempt. This also applies if the employee has lifetime coverage through a spouse’s employer.

Employees receiving health care coverage through the military also known at the TriCare exemption.

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