DETROIT LAKES CITY COUNCIL REGULAR MEETING …cityofdetroitlakes.com/vertical/Sites/{F991A069-E23D-412C...2018/03/13 · Interceptor Squad Cars for $27,805 each from Nelson Auto Center

March 13, 2018 Page 1

DETROIT LAKES CITY COUNCIL

REGULAR MEETING AGENDA TUESDAY, MARCH 13, 2018

****************************************************************************** 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, March 7, 2018, to be presented for discussion and action at the regular meeting of the City Council on Tuesday, March 13, 2018, 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 February 13, 2018

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. Representatives from Trane would like to appear before the Council to review the PACT Agreement and ProForma for the DLCCC

1) Consideration to a resolution authorizing improvements and ordering thepreparation of plans and specifications for the Energy Savings Improvementsat the DLCCC

B. Northwest Water Carnival Co-Admirals Natalie Bly and Andy Castagneri to appear before the City Council

1) Consideration to the requests of the 83rd Annual Northwest Water CarnivalEvent scheduled for July 6-15, 2018. Attached letter outlines the variouspermits/licenses including: On-sale intoxicating liquor licenses, 3.2 liquorlicenses, dance permits, parade permits, street closings, use of public facilities,extended park curfew and other necessary considerations that are beingrequested


C. Public Hearing to give consideration to the establishment of Redevelopment Project No. 37, the redevelopment plan and establishment of tax increment financing District 37-1

1) Consideration to a resolution approving Redevelopment Project No. 37 and the redevelopment plan therefor and approving a tax increment financing District 37-1 and the tax increment financing plan therefor and authorizing execution of a development agreement

D. Public Hearing to give receive public comments on the proposed vacation of public

road right of way at 132 Shorewood Drive (Curfman Beach)

1) Consideration to a resolution ordering the vacation of public road right of way at 132 Shorewood Drive (Curfman Beach)

5. Community Development Committee (*Zeman, Boeke, Imholte, Marks Erickson / Meets on March 12, 2018 at 5:00 PM)

A. Discussion regarding Vacation Rentals By Owner (VRBO)

B. Consideration to resolution approving a variance to allow the construction of a new

Waste Water Treatment Facility with a 9-foot sideyard setback instead of a 30-foot sideyard setback at 1044 Willow Street West

C. Consideration to resolution denying variance to allow a 15-foot front yard setback instead of the 30-foot front yard setback and to allow 6 parking spaces instead of the 8 spaces at 106 Willow Street West

D. Consideration to resolution approving the Preliminary Plat for the Long Pine Estates Addition at 915 Village Lane

E. Consideration to resolution approving a variance to allow a car wash to be converted into office space with 0 to 2 parking spaces instead of the required 9 parking spaces at 600 Washington Avenue North

F. Consideration to a resolution accepting a land donation from the Detroit Lakes Development Authority

G. Consideration to approving the correction to the Village Estates Plat

H. Consideration to a first reading of Ordinance 424 amending the Zoning Ordinance to replace Section 10 to change the name of the R-LB District and changing the height requirement to match the height limit in the B-1 District

I. Consideration to a first reading of Ordinance 425 amending the Zoning Ordinance relative to Procedure for Planned Unit Development and Lapse of Variance or Conditional Use Permit


J. **Consideration to approving the Summary of Ordinance 418 amending City Code 1007 Relative to Erosion and Sediment Control (Stormwater Regulations/MS4)(for publication purposes only)

K. **Acceptance of the Monthly Nuisance Report

L. **Variance/Conditional Use Permit Status Report

M. **17 Applications for building permits have been received in the estimated construction value of $865,318.00 for February 2018

6. Public Works Committee (*Schurman, Imholte, Sukke, Voss / Meets on Monday, March12, 2018, at 3:00 PM)

A. Update regarding the Architectural RFP for the Public Works Facility

B. Discussion regarding the Annexation of Broadlawn Estates – 1st Addition

C. Consideration to the request from Raymond Reading to amend the assessment terms for Long Pine Estates – Phase I

D. Consideration to a resolution of support for a local Trail Connection Grant for a multi-use trail on West Lake Drive from County Road 6 to the Pelican River

E. Consideration to authorizing improvements and ordering the preparation of plans and specifications for the Randolph Road Improvement Project

F. Consideration to approving the temporary ground lease agreement with the Boys & Girls Club of Detroit Lakes (March 1, 2018 through completion for the site improvements or August 31, 2019, whichever occurs last)

G. Consideration to the request from the Pickleball Fundraising Committee to extend the fundraising deadline for pledges and cash donations to May 1, 2018 (Previous deadline was March 1, 2018)

H. Consideration to the request from the Pickleball Fundraising Committee to allow qualified donors naming rights to a pickleball court

I. **Consideration to accepting a quote for the 2018 concrete and bituminous repair or construction of concrete curb and gutters, approaches and sidewalks

J. **Consideration to approving the purchase of 18 Disc Golf Baskets for $7321.00 Disc Golf Association for the Washington Park Disc Golf Course (Budgeted Item)

K. **City Engineer’s Monthly Project Status Report


L. **Acceptance of the Monthly Animal Control Report

7. Finance Committee (*Wenner, Schurman, Sukke, Zeman / Meets on March 13, 2018, at 3:30 PM)

A. Consideration to approving the City’s Purchasing Policy

B. Consideration to the second reading and adoption of Ordinance 422 amending City

Code 1001A.06 Dock License Application relative to liability insurance requirements C. Consideration to the second reading and adoption of Ordinance 423 amending City

Code 702.12 Temporary Expansion Permit for Sidewalk Cafe relative to liability insurance requirements

D. **Acceptance of the Trial Balance E. **Approval of payment of claims

8. Public Safety Committee (*Boeke, Josephson, Wenner / Meets on March 12, 2018, at 4:30 PM)

A. Consideration to requesting quotes for Air Pacs for the Fire Department

B. Consideration to a resolution approving the Master Subscriber Agreement for

Minnesota Court Data Services for Governmental Agencies C. **Consideration to approving the purchase of two 2018 Ford Police Utility

Interceptor Squad Cars for $27,805 each from Nelson Auto Center in Fergus Falls, MN (Budgeted Item)

D. **Consideration to approving the purchase of six (6) replacement Taser devices for

$7000 from Axon Enterprises, Inc. (This is the second purchase for the planned three year replacement program and the Tasers are budgeted items.)

E. **Authorization to pay the registration fees for up to five (5) firefighters to attend the

MSFDA Annual Conference in Alexandria, MN, April 25-28, 2018. Registration fee is $175 per firefighter (Budgeted Item)

F. **Acceptance of the Police Chief’s Monthly Report G. **Acceptance of the Fire Chief’s Monthly Report H. **Acceptance of parking violations report showing that parking violations amounted

to $160 for February 2018 I. **The City has received $3634.87 that was collected by Becker County Court

Administrator for January 2018 fines


9. Liquor/Gambling Control Committee (*Marks Erickson, Josephson, Voss / Meets on

March 13, 2018, at 4:30 PM) A. Consideration to the request from the Becker County Food Pantry for a cash donation

(No previous donations)

B. **Approval of the gambling application submitted by the FFA Alumni Chapter to hold a raffle at the VFW, 500 Washington Avenue on March 23, 2018

C. **Approval of the gambling application submitted by the Detroit Lakes Jaycees to

hold a raffle at the DLCCC/Holmes Ballroom, 826 Summit Avenue on March 23, 2018

D. **Approval of the gambling application submitted by Turn In Poachers to conduct

gambling (pull-tabs) at the Holiday Inn, 1155 Highway 10 East on March 24, 2018 E. **Approval of the gambling application submitted by the Marshmallow Foundation

to hold a raffle at the Holiday Inn, 1155 Highway 10 East on April 8, 2018

F. **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:

March 16, 2018 – MOTION Annual Fundraiser April 6, 2018 – Vocal Essence River Songs April 21, 2018 – Spring Interlude April 27, 2018 – Artrageous

G. **Approval of the issuance of a temporary on-sale intoxicating liquor license for the

Detroit Lakes Jaycees to sell and serve on-sale intoxicating liquor at the DLCCC/Holmes Theater, 826 Summit Avenue in conjunction with the Ladies Stagette, March 23, 2018, pursuant to their application and fee

H. **Approval of the issuance of a Permit to Consume to Bryce Venaas for the Venaas/Tyson Wedding Reception at the Pavilion on Saturday, July 21, 2018

I. **Liquor Store Manager’s Report

10. Public Utilities Commission (*Nansen, Sinclair, Sukke, Tucker, Perkins / Meets on March 13, 2018, at 7:30 AM)

11. City Administration Items

12. Mayor’s Agenda Items


A. Jim Hedstrom has resigned from the HRA effective March 1, 2018. The Mayor will need to appoint someone to fill Mr. Hedstrom’s term which expires October 5, 2019

B. The Mayor could appoint an elected official to serve on the Fire Department Relief Association

13. Items Not on the Agenda

A. City Administrator B. Citizens C. Council Members

14. Information and Announcements

A. Minnesota Secretary of State Steve Simon will be at the Detroit Lakes Regional Chamber on Tuesday, March 13, 2018 from 3:15 PM to 4:00 PM to provide information on the services of his office and the “Business Snapshot Tool”

B. 2018 Countywide Noxious Weed Meeting is Thursday, March 22, 2018 from 8:30 AM to 11:30 AM at the Callaway Community Center, 403 Main Avenue, Callaway, MN

C. Detroit Lakes Fire Department Banquet is Saturday, March 24, 2018 at 6:00 PM at

the Holiday Inn, 1155 Highway 10 East

D. Joint Governance Meeting is April 3, 2018 at 7:00 AM at the David Donehower Funeral Home (609 Hwy 10 E)

E. The Board of Equalization (Aldermen Marks Erickson, Josephson and Zeman) will meet at 9:00AM on April 25, 2018 at the Becker County Courthouse for The Board of Review for the 2018 Assessments starting at 9:30 AM

F. The following positions will be up for re-election at the November 2018 election

1) Alderman Ward 1 (Wenner) 2) Alderman Ward 2 (Schurman) 3) Alderman Ward 3 (Boeke) 4) Alderman At Large (Sukke) 5) Alderman At Large (Voss)

Sincerely,

/s/ KELCEY KLEMM Kelcey Klemm City Administrator

KK/slg Enclosures

February 13, 2018 Page 1

Detroit Lakes, Minnesota February 13, 2018

The regular meeting of the City Council was called to order in the Council Chambers of the City Administration Building at 5:00 P., February 13, 2018; all members of the City Council having been notified of the meeting and the business to be transacted.

Present: Vice Mayor Zeman; City Administrator Kelcey Klemm; Account Technician Stacy Gray; Finance Officer Pam Slifka; City Attorney Charlie Ramstad; City Engineer Jon Pratt; Fire Chief Scott Flynn; Police Chief Steven Todd; Liquor Store Manager Randy Buhr; Public Utility General Manager Vernell Roberts; Public Works Director Bradley Green

Aldermen: Boeke, Josephson, Marks Erickson, Schurman, Sukke and Schurman

Absent: Mayor Matt Brenk, Alderman Imholte and Voss

Vice Mayor Zeman invited all present to stand and recite the Pledge of Allegiance.

There being no corrections to the minutes of the Regular City Council Meeting held January 9, 2018 and the Special City Council meeting held January 25, 2018, a motion was made by Alderman Marks Erickson, seconded by Alderman Sukke and carried, without a dissenting vote. Vice Mayor Zeman declared the minutes would stand approved.

On behalf of Mayor Brenk, Vice Mayor Zeman extended a thank you to the Community of Detroit Lakes, the Polar Fest Committee and the numerous volunteers who have helped make the Ice Palace a huge attraction for the City.

Vice Mayor Zeman adjourned the Regular Council meeting and called to order a joint meeting with Lakeview Township. Those in attendance to represent Lakeview Township were Chairman Ken Shroyer and Supervisor Bill Jordan. Pursuant to notice having been published in the official newspaper, Vice Mayor Zeman called a public hearing to order at 5:03 PM to hear public comments on the orderly Annexation between the City of Detroit Lakes and Lakeview Township relative to property on Randolph Road and County Road 54. Lakeview Chairman Ken Shroyer stated the township supports the immediate annexation of Randolph Road and a five year delayed annexation of the property currently owned by Marv Fingalson on Highway 54. City Administrator Klemm indicated the City intends to reconstruct Randolph Road in 2019 and the annexation provides Right-of-Way for the project. There being no further comments, Vice Mayor Zeman closed the public hearing at 5:04 PM.

Exhibit 2

Return to Agenda


A resolution was introduced by Vice Mayor Zeman approving the orderly Annexation between the City of Detroit Lakes and Lakeview Township (Randolph Road – County Highway 54). A motion was made by Alderman Schurman to move its adoption. The motion was seconded by Alderman Sukke and carried without a dissenting vote. Vice Mayor Zeman declare Resolution 2018-0213 adopted. Lakeview Chairman Shroyer stated the same resolution was approved at the township meeting last month and will provide the minutes with the signed resolution for the City’s annexation file. Vice Mayor adjourned the joint meeting and reconvened the Regular Council Meeting.

Pursuant to notice having been published in the official newspaper and mailed to each of the known property owners. Vice Mayor Zeman called the Public Hearing to order at 5:07 PM to hear public comments for the proposed sanitary sewer and watermain improvements for Broadlawn Estates – 1st Addition.

City Engineer Jon Pratt noted the City was petitioned by the property owners in the Broadlawn Estates – 1st Addition to extend City sewer and water service to this area due to poor quality of well water. He stated the subdivision would need to be annexed prior to the proposed improvements. City Engineer Pratt presented the costs of the proposed improvement noting the total estimated costs of the project is $518,000, with a City share of $173,500 and the assessable share of $344,500, which is in accordance with the City’s Special Assessment Policy.

Vice Mayor Zeman opened the hearing for comments. Al Clark, who lives on Northridge Road, had a question related to the assessment process and commented he is eager for this project to be started. There being no further comments, Vice Mayor Zeman closed the hearing at 5:28 PM and reconvened the Regular Council Meeting. City Administrator Klemm stated the annexation agreement would need to be executed before the project could proceed. Upon the recommendations of the Public Works Committee a resolution was introduced by Alderman Schurman who moved its adoption ordering the proposed sanitary sewer and watermain improvements for Broadlawn Estates – 1st Addition contingent upon an executed annexation agreement. After further discussion, the motion was seconded by Alderman Sukke and carried without a dissenting vote. Vice Mayor Zeman declared Resolution 2018-0213A adopted.

Pursuant to notice having been published in the official newspaper and mailed to each of the known property owners. Vice Mayor Zeman called the Public Hearing to order at 5:31 PM to hear public comments for the proposed sanitary sewer and watermain improvements for County Road 131. City Engineer Jon Pratt noted Foltz Trucking petitioned the City to extend City sewer and water service to County Road 131. He stated the City is in the process of annexing the


County Road 131 Right of Way and the Foltz Property. City Engineer Pratt stated this project provides a cost effective opportunity to install sewer and water infrastructure to this area as Becker County would pay for the costs of the street and stormwater improvements. City Engineer Pratt presented the costs of the proposed improvement noting the total estimated costs of the project is $486,000 with a City share of $142,000 and the immediate assessable share of $54,000 and a postponed assessable share of $290,000 which is in accordance with the City’s Special Assessment Policy.

City Administrator Klemm indicated the annexation of Foltz Trucking property has been submitted to the Municipal Board of Boundary Adjustments. Ken Foltz, with Foltz Trucking stated it would be beneficial to their business to connect to City water and sewer. There being no further comments, Vice Mayor Zeman closed the hearing at 5:47 PM and reconvened the Regular Council Meeting. Upon the recommendations of the Public Works Committee a resolution was introduced by Alderman Schurman who moved its adoption ordering the ordering the proposed sanitary sewer and watermain improvements for County Road 131. After further discussion, the motion was seconded by Alderman Sukke and carried without a dissenting vote. Vice Mayor Zeman declared Resolution 2018-0213B adopted. Vice Mayor Zeman announced there would not be a public hearing for 708 Richwood Road as the situation was resolved.

Upon the recommendation of the Planning Commission that was submitted to the City Council and recommendation of the Community Development Committee, a resolution was introduced by Alderman Boeke, who moved its adoption, approving an amended Variance to allow 242 parking spaces at 1245 Washington Avenue. The motion for the adoption of the resolution was seconded by Alderman Marks Erickson and carried without a dissenting vote. Vice Mayor Zeman declared Resolution 2018-0213C adopted.

Alderman Boeke informed the Council the Community Development Committee

recommends to defer action for the consideration to the first reading of Ordinance 421 for rezoning 1113 Lincoln Avenue from “R-2” One and Two Family Residential to “B-3” Auto-Oriented Business District.

Alderman Boeke informed the Council the Community Development Committee

recommends to defer action for consideration to a resolution approving an amended Conditional Use Permit to add a seven space parking lot at 1113 Lincoln Avenue and to allow an addition of treatment rooms and expansion of gym, a 2 foot setback instead of a 30 foot front yard setback as part of the medical campus at 1112 and 1113 Lincoln Avenue.


Upon the recommendation of the Planning Commission that was submitted to the City Council and recommendation of the Community Development Committee, a resolution was introduced by Alderman Boeke, who moved its adoption, setting a public hearing for the proposed vacation of public road right of way at 132 Shorewood Drive (Curfman Beach). The motion for the adoption of the resolution was seconded by Alderman Marks Erickson and carried without a dissenting vote. Vice Mayor Zeman declared Resolution 2018-0213D adopted.

Pursuant to the recommendation of the Planning Commission that was submitted to the City Council and recommendation of the Community Development Committee, a motion was made by Alderman Boeke introducing for its second reading and adoption of Ordinance 417 authorizing the Rezoning of 839 South Shore Drive from “R-A” Residential Agriculture to “R-2” One and Two Family Residence District. The motion was seconded by Alderman Marks Erickson and carried without a dissenting vote.

Pursuant to the recommendation of the Community Development Committee, a motion was made by Alderman Boeke introducing for its second reading and adoption of Ordinance 418 amending City Code 1007 relative to Erosion and Sediment Control (Stormwater Regulations/MS4). The motion was seconded by Alderman Marks Erickson and carried without a dissenting vote.

Pursuant to the recommendation of the Planning Commission that was submitted to the City Council and recommendation of the Community Development Committee, a motion was made by Alderman Boeke introducing for its second reading and adoption of Ordinance 419 for the annexation of a 9.06 acre tract of land at 19085 County Road 131 and 18955 Highway 59 Frontage Road in Detroit Township and Zoning the Tract “I-1” Light Industrial (Foltz Trucking and part of County Highway 131) 19085 County Road 131 and 18955 Highway 59 Frontage Road. The motion was seconded by Alderman Marks Erickson and carried without a dissenting vote.

Pursuant to the recommendation of the Community Development Committee, a motion was made by Alderman Boeke introducing for its second reading and adoption of Ordinance 420 establishing Administrative Penalties. The motion was seconded by Alderman Sukke and carried without a dissenting vote.

Upon the recommendation of the Community Development Committee, a motion

was made by Alderman Marks Erickson, seconded by Alderman Schurman and carried, without a dissenting vote, that the building permits for the month of February, 2018 in the estimated construction value of $651,476.38 to be issued pursuant to their applications accompanied by the required City fees and State surcharges, the issuance of such permits having been recommended by the Building Official and approved by the Community Development Committee.

City Engineer Jon Pratt appeared before the Council on behalf of the Building

Committee for the Boys & Girls Club Project. He indicated that roughly 200 trees will need to be removed to allow for the footprint of the new building. The Boys & Girls


Club is working with a third party to have the trees harvested. City Administrator Klemm indicated there is a landscaping plan including tree planting as part of the new building project. A motion was made by Alderman Schurman to allow the removal of the necessary trees and excavation for the Boys & Girls Club Building Project. The motion was seconded by Alderman Marks Erickson and carried without a dissenting vote.

Alderman Schurman commented the Public Works Committee discussed the

assessment and deferment policies for undeveloped properties and annexation areas, as well the proposed sanitary sewer re-alignment on West Randolph Road. No action at this time.

Upon the recommendations of the Public Works Committee, a motion was made

by Alderman Schurman, seconded by Alderman Sukke and carried without a dissenting vote denying the request from the Detroit Lakes Shrine Color Guard to waive the arena rental fee for set-up on April 4, 2018.


by Alderman Schurman, seconded by Alderman Sukke and carried without a dissenting vote denying the request from the Lake Builders Association to waive the arena rental fee for set-up on March 22, 2018.


by Alderman Schurman, seconded by Alderman Sukke and carried without a dissenting vote approving the request from the DLCCC to pay a rate of $215 for the Pavilion for the 6th Annual Tough Laker event on Sunday, June 24, 2018. Alderman Sukke commented this request was approved as this event does not require any staff time from City employees and the event does not actually use the Pavilion, only the area around it.

Upon the recommendation of the Public Works Committee, a resolution was

introduced by Alderman Schurman, who moved its adoption, approving up to $18,825 of City participation for Trail Link Project connecting the Highway 10 Underpass to the County 54/Hwy10 intersection. Alderman Josephson questioned the need for the trail connection. After further discussion, the motion for the adoption of the resolution was seconded by Alderman Sukke and carried without a dissenting vote. Vice Mayor Zeman declared Resolution 2018-0213E adopted.

Upon the recommendation of the Public Works Committee, a resolution was

introduced by Alderman Schurman, who moved its adoption, approving the plans and specifications and ordering advertisement for bids for the Long Lake Annexation – Phase 4 Sanitary Sewer and Watermain Improvements. The motion for the adoption of the resolution was seconded by Alderman Sukke and carried without a dissenting vote. Vice Mayor Zeman declared Resolution 2018-0213F adopted.

Upon the recommendation of the Public Works Committee, a resolution was introduced by Alderman Schurman, who moved its adoption, approving the plans and specifications and ordering advertisement for bids for the Lake Forest – 7th Addition


Street and Utility Improvement Project. The motion for the adoption of the resolution was seconded by Alderman Sukke and carried without a dissenting vote. Vice Mayor Zeman declared Resolution 2018-0213G adopted.

Upon the recommendation of the Public Works Committee, a resolution was introduced by Alderman Schurman, who moved its adoption, accepting a preliminary engineering report and setting a public hearing for March 13, 2018 for Highland Estates Street and Utility Improvements (Lemmon Road). The motion for the adoption of the resolution was seconded by Alderman Sukke and carried without a dissenting vote. Vice Mayor Zeman declared Resolution 2018-0213H adopted.


by Alderman Marks Erickson, seconded by Alderman Schurman and carried without a dissenting vote approving the request for quotes for the 2018 bituminous repair or construction to streets, alleys and parking areas according to specifications laid out by the City.


by Alderman Marks Erickson, seconded by Alderman Schurman and carried without a dissenting vote approving the request for quotes for the 2018 concrete repair or construction of concrete curb and gutters, approaches and sidewalks according to specifications laid out by the City.

Upon the recommendation from the Public Works Committee, a motion was made by Alderman Marks Erickson, seconded by Alderman Schurman and carried without a dissenting vote approving the issuance of a transient merchant’s license for Rick Green dba Jonny’s / Stir Fry on a Stick, to operate a food trailer for the ULTRA Snowmobile Swap Meet & Rally on February 17, 2018 pursuant to their application, surety bond and fees.

Upon the recommendation from the Public Works Committee, a motion was made

by Alderman Marks Erickson, seconded by Alderman Schurman and carried without a dissenting vote approving the request submitted by Chamber of Commerce for a Special Event Permit to hold the 40th Annual Arts & Crafts in the Park on Sunday July 22, 2018, 9:00 AM to 9:00 PM.

Upon the recommendation from the Public Works Committee, a motion was made

by Alderman Marks Erickson, seconded by Alderman Schurman and carried without a dissenting vote approving the application submitted by Marie Bergmann to have two cats and one dog at 561 Pelican River Road.

Upon the recommendation of the Public Works Committee, a motion was made by Alderman Marks Erickson, seconded by Alderman Schurman and carried without a dissenting vote approving the final payment to Feldt Plumbing in the amount of $7,017.23 for Long Pine Estates Street & Utility Improvement Project.


City Administrator Klemm informed the Council that representative from Trane appeared before the Finance Committee and presented the Investment Grade Audit on energy performance for the DLCCC. Klemm commented this will be on the March council agenda for authorization to proceed on the capital improvement project.

Upon the recommendation of the Finance Committee a motion was made by

Alderman Wenner to donate $100,000 to the Detroit Country Club from the Liquor Fund. $70,000 in 2018 to cover the cost of the cart path repairs at the Pine to Palm course and a $30,000 in 2019 for improvements to the Lakeview Course, the motion was seconded by Alderman Sukke and carried without a dissenting vote.

Upon the recommendation of the Finance Committee a motion was made by

Alderman Wenner to donate the following to the Boys and Girls Club of Detroit Lakes: $175,000 for parking lot improvements from the Food & Beverage Tax Fund; $50,000 for playgrounds/basketball courts from the Park Dedication Fund; in-kind contribution for the parking lot lighting of approximately $25,000 and a cash donation for $50,000 ($10,000 for five years) from the Public Utilities Commission, for a total City donation package of $300,000. The motion was seconded by Alderman Sukke and carried without a dissenting vote.

Alderman Wenner stated there is the potential for a donation package from the

City made to the Becker County Historical Museum once some land issues are addressed.

Upon the recommendation of the Finance Committee a motion was made by Alderman Wenner, seconded by Alderman Sukke and carried without a dissenting vote approving the 2018 fee schedule for the Detroit Country Club. Upon the recommendations of the Finance Committee, a motion was made by Alderman Wenner, seconded by Alderman Sukke and carried without a dissenting vote to approve the 2018 Concession Lease with the Detroit Country Club to operate a bar/restaurant at the Detroit Country Club. Pursuant to the recommendation of the Finance Committee, a motion was made by Alderman Wenner introducing for its first reading, Ordinance 422 City Code 1001A.06 Dock License Application relative to liability insurance requirements pursuant to Minnesota Statutes 466.04, Subd. 1. The motion was seconded by Alderman Sukke and carried without a dissenting vote. Pursuant to the recommendation of the Finance Committee, a motion was made by Alderman Wenner introducing for its first reading, Ordinance 423 amending City Code 702.12 Temporary Expansion Permit for Sidewalk Cafe relative to liability insurance requirements pursuant to Minnesota Statutes 466.04, Subd. 1. The motion was seconded by Alderman Sukke and carried without a dissenting vote.

Upon the recommendations of the Finance Committee a resolution was introduced by Alderman Marks Erickson, who moved its adoption approving the miscellaneous


purchases from Swanson Repair Incorporated for 2018. The motion for the adoption of the resolution was seconded by Alderman Schurman and carried without a dissenting vote. The Vice Mayor declared Resolution 2018-0213I adopted. Upon to the recommendations of the Finance Committee, a motion was made by Alderman Marks Erickson, seconded by Alderman Schurman and carried without a dissenting vote authorizing City Administrator Kelcey Klemm and Alderman Ron Zeman to attend the 2018 CGMC Legislative Action Conference March 14, 2018 in St. Paul, MN. Upon to the recommendations of the Finance Committee, a motion was made by Alderman Marks Erickson, seconded by Alderman Schurman and carried without a dissenting vote authorizing Glori French to attend the 2018 MCFOA Annual Conference, March 20-23, 2018 in Bloomington, MN. Upon to the recommendations of the Finance Committee, a motion was made by Alderman Marks Erickson, seconded by Alderman Schurman and carried without a dissenting vote authorizing City Administrator Kelcey Klemm to attend the 2018 MCMA Spring Leadership Institute May 2-4, 2018 in Nisswa, MN. A motion was made by Alderman Marks Erickson, seconded by Alderman Schurman and carried without a dissenting vote that the trial balance, submitted by Finance Officer Pamela Slifka, showing a balance in the City treasury to be in the amount of $12,732,076.53 as of January 31, 2018, be accepted, approved and placed on file. Upon the recommendation of the Finance Committee, a resolution was introduced by Alderman Marks Erickson, who moved its adoption, approving the payment of claims paid by proper authorization covering the period of January 10, 2018 through February 13, 2018, in the amount of $10,411,999.31. The motion for the adoption of the resolution was seconded by Alderman Schurman and carried without a dissenting vote. The Vice Mayor declared Resolution 2018-0214J adopted. Upon to the recommendations of the Public Safety Committee, a motion was made by Alderman Boeke, seconded by Alderman Josephson and carried without a dissenting vote approving the request for quotes for the Forfeiture Vehicle Towing Services for 2018 – 2019.

Upon to the recommendations of the Public Safety Committee, a motion was made by Alderman Marks Erickson, seconded by Alderman Schurman and carried without a dissenting vote authorizing three firefighters to attend Officers School in Alexandria, MN February 9-11, 2018. Upon to the recommendations of the Public Safety Committee a motion was made by Alderman Marks Erickson, seconded by Alderman Schurman and carried without a dissenting vote to approve the request submitted by Phantom Fireworks Store Sales, LLC to sell fireworks inside Menards, 1456 Menard Drive.


Upon the recommendation of the Liquor/Gambling Control Committee a motion

was made by Alderman Marks Erickson, seconded by Alderman Josephson and carried without a dissenting vote, approving a donation of $400 to Polar Fest for the Fireworks Display on February 17, 2018. (Funds to be used from the Liquor Fund.)

Upon the recommendation of the Liquor/Gambling Control Committee a motion

was made by Alderman Marks Erickson, seconded by Alderman Schurman and carried without a dissenting vote, approving 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:

February 10, 2018 – Tommy Ryman February 17, 2018 – Gear Daddies

Upon the recommendation of the Liquor/Gambling Control Committee a motion was made by Alderman Marks Erickson, seconded by Alderman Schurman and carried without a dissenting vote, approving the issuance of a Permit to Consume request made by Rhinos Old Time Hockey Group for the Old Timers Hockey Tournament at the Kent Freeman Arena February 23-25. 2018. Upon the recommendation of the Liquor/Gambling Control Committee a motion was made by Alderman Marks Erickson, seconded by Alderman Schurman and carried without a dissenting vote, approving the issuance of a Permit to Consume request made by Lake Region Builders Association for the Builders Show at the Kent Freeman Arena March 24, 2018. Upon the recommendation of the Liquor/Gambling Control Committee a motion was made by Alderman Marks Erickson, seconded by Alderman Schurman and carried without a dissenting vote, approving the issuance the issuance of a temporary on-sale intoxicating liquor license for the Fraternal Order of Eagles Aerie #2342 to sell and serve on-sale intoxicating liquor outside of 113 Holmes Street in conjunction with the Street Faire, June 1-2, 2018, pursuant to their application and fee. Upon the recommendation of the Liquor/Gambling Control Committee a motion was made by Alderman Marks Erickson, seconded by Alderman Schurman and carried without a dissenting vote, approving the gambling application submitted by Boys and Girls Club of Detroit Lakes to hold a raffle at the Lakeside Tavern, 200 West Lake Drive on February 17, 2018. Upon the recommendation of the Liquor/Gambling Control Committee a motion was made by Alderman Marks Erickson, seconded by Alderman Schurman and carried without a dissenting vote, approving the gambling application submitted by Detroit Lakes Fire Department Relief Association to hold a raffle at the Holiday Inn, 1155 Highway 10 on March 24, 2018.


Upon the recommendation of the Liquor/Gambling Control Committee a motion was made by Alderman Marks Erickson, seconded by Alderman Schurman and carried without a dissenting vote, approving the gambling application submitted by United Lakes and Trail Riders Association to hold a raffle at the Holiday Inn, 1155 Highway 10 on April 7, 2018.

Upon the recommendations of the Public Utilities Commission, a resolution was introduced by Alderman Sukke, who moved its adoption, accepting the offer of the Minnesota Public Facilities Authority to Purchase a General Obligation Sewer Revenue Note, Series 2018A, in the original aggregate principal amount of $16,336,065; providing for its issuance and authorizing the execution of a project loan agreement. Public Utilities General Manager Vernell Roberts appeared before the Council and explained the loan amount for the waste water treatment facility. Finance Officer Pam Slifka noted the interest rate on this loan is 1.099% for 20 years. The motion for the adoption of the resolution was seconded by Alderman Marks Erickson and carried without a dissenting vote. Vice Mayor Zeman declared the Resolution 2018-0213K adopted.

Upon the recommendations of the Public Utilities Commission, a motion was made by Alderman Marks Erickson, seconded by Alderman Schurman and carried, without a dissenting vote approving the purchase of a 2018 Truck Chassis, Utility Body and Crane unit for the Wastewater Department for $105,281.00 from Nelson Ford in Fergus Falls, MN. This purchase is a budgeted item.

A motion was made by Alderman Marks Erickson, seconded by Alderman Schurman and carried, without a dissenting vote, that the January Nuisance Monthly Report, the January Variance/Conditional Use Permit Status Report January, the January City Engineer’s Report, the January Animal Control Report, the January Police Chief’s Report, the 2017 Police Chief’s Annual Report, the January Fire Chief’s Report, the January Parking Violations Monthly Report $200, the December0 2017 Becker County Court Report of $4264.42, and the January Liquor Store Manager’s Monthly Report be approved and placed on file. A motion was made by Alderman Marks Erickson, seconded by Alderman Schurman and carried, without a dissenting vote, approving the following licenses through December 31, 2018:

Plumbing Licenses: Best Plumbing & Heating Kahle Plumbing & Heating Lunseth Plumbing & Heating Maloney’s Plumbing Northern Plains Mechanical Ripplinger Plumbing Vesey Plumbing Wokasch Plumbing


Taxi License: Becker County Transit

Upon the recommendation of Mayor Brenk, a motion was made by Alderman Schurman, seconded by Alderman Josephson and carried, without a dissenting vote, appointing Karen Skoyles to the Park Board. This will be Ms. Skoyles’ first 3-year term. Upon the recommendation of Mayor Brenk, a motion was made by Alderman Boeke, seconded by Alderman Sukke and carried, without a dissenting vote, appointing Chad Carlblom to the Sports Arena Commission. This will be Mr. Carlblom’s first 3-year term. Upon the recommendation of Mayor Brenk, a motion was made by Alderman Boeke, seconded by Alderman Sukke and carried, without a dissenting vote, appointing Shawn Eckert to serve as the Becker County Fair Board’s representative on the Sports Arena Commission. This will be Mr. Eckert’s first 3-year term.

Upon the recommendation of Mayor Brenk, a motion was made by Alderman

Sukke, seconded by Alderman Boeke and carried, without a dissenting vote, appointing Susan Bjorkland to the Planning Commission effective immediately. Ms. Bjorkland will be completing the term of Tom Trowbridge which expires on December 31, 2018.


Schurman, seconded by Alderman Boeke and carried, without a dissenting vote, appointing Eric Lundmark to the Planning Commission effective immediately. This will be Mr. Lundmark’s first 3-year term, and he is replacing Lee Kessler.

Vice Mayor Zeman announced the Board of Review for the 2018 Assessments

Meeting will be held on April 25, 2018, at the Becker County Courthouse starting at 9:30 A.M. At the recommendation of the Mayor a motion was made by Alderman Sukke, seconded by Alderman Schurman and carried without a dissenting vote appointing Aldermen Mark Erickson, Josephson and Zeman to the Board of Equalization and attend the Board of Review Meeting.


Schurman, seconded by Alderman Sukke and carried, without a dissenting vote, re-appointing Jeff Stowman to the DL Community Foundation. This will be Mr. Stowman’s second 3-year term.


Schurman, seconded by Alderman Sukke and carried, without a dissenting vote, re-appointing Dave Langworthy to the Tourism Bureau (Chamber). This will be Mr. Langworthy’s second 3-year term.


Upon the recommendation of Mayor Brenk, a motion was made by Alderman Schurman, seconded by Alderman Sukke and carried, without a dissenting vote, re-appointing Doug Anselmin to the Tourism Bureau (Lodging). This will be Mr. Anselmin’s second 3-year term.

Vice Mayor Zeman announced the Sports Arena Commission will meet on Tuesday, February 27, 2018 at 7:30 AM in the Conference Room of the City Administration Building

Vice Mayor Zeman announced the following positions will be up for election at

the November 2018 election:

1) Alderman Ward 1 (Wenner) 2) Alderman Ward 2 (Schurman) 3) Alderman Ward 3 (Boeke) 4) Alderman At Large (Sukke) 5) Alderman At Large (Voss)

Vice Mayor Zeman announced the 2018 Council Meeting Dates: March 13, 2018 April 10, 2018 May 8, 2018 June 12, 2018 July 10, 2018 August 13, 2018 (*Note date change due to Primary Election) September 11, 2018 October 9, 2018 November 13, 2018 December 11, 2018 Vice Mayor Zeman announced the 2018 Joint Governance Meeting Dates are: April 3, 2018 – Chamber July 3, 2018 – DL Schools October 2, 2018 - County

There being no further business to conduct, by general consent, Vice Mayor Zeman adjourned the meeting at 6:40 PM.

Respectfully submitted, Stacy Gray, Account Technician

Exhibit 4A Return to Agenda

Estimated Project

Schedule

Utility

Savings

Operating

Savings

Capital Cost

Avoidance

Existing

Service

Agreement

New

Service

Agreement

M&V

Cost

Net

Savings**

Outstanding

Principal

Finance Cost

(principal)

Finance Cost

(interest)

Finance

Cost

Net

Annual

Savings

Cumulative

Annual

Savings

Installation Year TBD TBD $0 $0 $0 $0 $62,461 $1,711,778 $0 ($62,461) ($62,461) $0 $0

Year 1 88,697 38,200 10,000 13,500 (12,500) (5,000) 132,897 1,643,487 (68,291) (60,709) (129,000) 3,897 3,897

Year 2 91,358 39,346 10,300 13,905 (12,875) (5,150) 136,884 1,568,650 (74,837) (58,163) (133,000) 3,884 7,781Year 3 94,099 40,526 10,609 14,322 (13,261) (5,305) 140,990 1,487,027 (81,622) (55,378) (137,000) 3,990 11,771Year 4 96,922 41,742 10,927 7,252 (13,659) 143,183 1,399,386 (87,641) (52,359) (140,000) 3,183 14,955Year 5 99,829 42,994 11,255 7,469 (14,069) 147,479 1,304,493 (94,894) (49,106) (144,000) 3,479 18,434Year 6 102,824 44,284 7,693 (14,491) 140,311 1,213,231 (91,261) (45,739) (137,000) 3,311 21,744Year 7 105,909 45,613 7,924 (14,926) 144,520 1,114,586 (98,645) (42,355) (141,000) 3,520 25,264Year 8 109,086 46,981 8,162 (15,373) 148,856 1,008,287 (106,299) (38,701) (145,000) 3,856 29,120Year 9 112,359 48,391 8,406 (15,835) 153,321 893,041 (115,246) (34,754) (150,000) 3,321 32,441

Year 10 115,729 49,842 8,659 (16,310) 157,921 769,535 (123,505) (30,495) (154,000) 3,921 36,362Year 11 119,201 51,338 8,918 (16,799) 162,658 636,456 (133,080) (25,920) (159,000) 3,658 40,020Year 12 122,777 52,878 9,186 (17,303) 167,538 493,452 (143,004) (20,996) (164,000) 3,538 43,558Year 13 126,461 54,464 9,462 (17,822) 172,564 339,149 (154,303) (15,697) (170,000) 2,564 46,123Year 14 130,255 56,098 9,745 (18,357) 177,741 175,161 (163,988) (10,012) (174,000) 3,741 49,864Year 15 134,162 57,781 10,038 (18,907) 183,073 0 (175,161) (3,959) (179,119) 3,954 53,818Totals $1,649,668 $710,479 $53,091 $144,641 ($232,486) ($15,455) $2,372,398 ($1,711,778) ($606,802) ($2,318,580) $53,818 $53,818

Project Size: $1,810,678

Capitalized Legal Costs: 10,000

Capital Allocation - Down Payment - ADP: (59,900)

Utility Incentive: (49,000)

Net Financing Amount: $1,711,778

Term (Post-Installation): 15 Years

Payments: Quarterly

Interest Rate: 3.600%

= 12-month Installation Period.

*Subject to further project diligence and underwriting; actual savings and incentives will vary based on final installed products and costs, operating hours, energy rates and building usage.

**Indicative Economic Profile reflects Trane's savings estimates. Assumes installation period interest costs are offset by installation period utility and operating savings.

Indicative Economic Profile*

March 8, 2018

Trane Powered by BluePath Finance LLC

City of Detroit Lakes, Minnesota

Exhibit 4A Return to Agenda

518481v2 MNI DE135-71

RESOLUTION NO. 2018-

IN THE MATTER OF AUTHORIZING ENERGY SAVINGS IMPROVEMENTS AT THE DETROIT LAKES COMMUNITY & CULTURAL CENTER

AND ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENTS

WHEREAS, City Council (“Council”) of the City of Detroit Lakes, Minnesota (the “City”), in collaboration with the Detroit Lakes Community & Cultural Center (“DLCCC”), conducted an Investment Grade Audit on the Energy Efficiency of the DLCCC; and

WHEREAS, the Council has received the results of such Audit and has reviewed certain proposed improvements (the “Improvements”) proposed to be constructed in connection with a Guaranteed Energy Savings Program to achieve increased energy efficiency at the DLCCC.

NOW, THEREFORE, BE IT RESOLVED BY THE Council of the City of Detroit Lakes, Minnesota, that:

1. The Improvements are necessary, cost effective and feasible for increasedenergy efficiency at the DLCCC; and

2. Such Improvements are hereby authorized as proposed in the InvestmentGrade Audit, as amended, dated March 6, 2018; and

3. The City hereby ratifies its designation of Trane as the Energy ServicesCompany (ESCO) for the Improvements. The ECSO shall prepare plans andspecifications for the making of such Improvements.

BE IT FURTHER RESOLVED That pursuant to Treas. Reg. § 1.150-2 (the “Reimbursement Regulations”), the Council hereby declares its official intent to reimburse itself for certain costs of the Improvements from the proceeds of tax-exempt bonds in a maximum principal amount of $1,900,000.00. All reimbursed expenditures will be capital expenditures, costs of issuance of the bonds, or other expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the Reimbursement Regulations.

Passed and adopted this 13th day of March, 2018.

Approved this 13th day of March, 2018.

____________________ Matt Brenk, Mayor

___________________________ Glori French, City Clerk

Exhibit 4A1 Return to Agenda

February 26, 2018

Mayor Brenk City of Detroit Lakes PO Box 647 Detroit Lakes, MN 56501

Dear Mayor Brenk and Detroit Lakes City Council,

It is with great enthusiasm and excitement that we present to you a tentative schedule for the 83rd

Northwest Water Carnival. The dates for this year's events are planned for July 6th through July 15'\

2018. We ask that you read through this list of events and consider this letter a request for the

appropriate licensures and permits needed to facilitate this week long community celebration:

1. Liquor licenses for the following locations, dates, and events:

A. On Sale Intoxicating Liquor License

o Friday, 07 /06/2018 - Kick Off Party (West Lake Drive)

o Friday, 07 /13/2018 - Pre Bash on the Beach

o Saturday, 07 /14/2018 - Big Saturday, including the Bash on the Beach

B. 3.2 On Sale Liquor License

Becker County Fairgrounds

o Saturday, 07 /07 /2018 - Demolition Derby

Note: Per distributors, we need license on Thursday, 07 /05/2018, to

accept delivery.

City Park Parking Lot (North of the Pavilion)

o Wednesday, 07 /11/2018 - Water Fights

o Friday, 07 /13/2018 - Bed Races

The Pavilion

o Friday, 07 /06/2018 - Kegs & Eggs

o Monday, 07 /09/2018 - Beach, Brushes and Beverages

o Tuesday, 07 /10/2018 - Dance on Detroit & Tug-0-War

o Thursday, 07 /12/2018 - Bingo

2. Permits for the following events, dates and locations:

• Pet and Doll Parade - Saturday, 07 /14/2018 - route from the Holy Rosary Catholic

Church Parking Lot to the City Park Parking Lot

• Parade of the Northwest - Sunday, 07 /15/2018

• Temporary sign permit during the duration of Water Carnival

Exhibit 4B1Return to Agenda

3. Facilities and Grounds Usage

PO BOX456 DETROIT LAKES, MN 56502

• Fire Department as the dressing area for the bands in the Parade of the Northwest

• City Beach, City Park, and Pavilion from July 6th - July 16th, 2018

4. Street Closings for the following events, dates and locations

• Kick Off Party- Friday, 07 /06/18

o Request - Closure of West Lake Drive from Minnesota Avenue to Lake Avenue

from 6:00 PM - 12:00AM.

• Water Fights - Wednesday, 07 /11/2018

o Request - Closure of a portion of the City Park Parking Lot (west half of loop)

from 3:00PM - ll:OOPM. Posting of temporary restricted parking will be posted

at least 12 hours in advance.

• Bed Races - Friday, 07 /13/2018

o Request - Closure of portion of the City Park Parking Lot (west half of loop) from

3:00PM - 12:00AM. Posting of temporary restricted parking will be posted at

least 12 hours in advance.

• Bash on the Beach - Friday, 07 /13/2018 through Saturday, 07 /14/2018

o Request - Post "no swimming" signs along the beach and remove buoys (city

staff) for both beach concerts. Sheriff Glander and the Boat & Water Deputy

pre-approved this request. Public notification will also be posted in the DL

Newspaper.

• SK Fun Run/Walk- Saturday, 07 /14/2018

o Request - Closure of North Shore Drive and the City Park Parking Lot from

6:00AM-10:00AM.

• Pet and Doll Parade - Saturday, 07 /14/2018

o Request - Closure of Washington Ave from the Holy Rosary Catholic Church

parking lot to North Shore Drive into the City Park from 8:30AM - 9:45AM.

• Classic Car Show - Saturday, 07 /14/2018

o Request - Closure of portion of the City Park Parking Lot (west half of loop) from

6:00AM - 4:00PM. Posting of temporary restricted parking will be posted at

least 12 hours in advance.

• Parade of the Northwest, Sunday, 07 /15/2018

o Staging Area

Summit Avenue {Hwy 10 to Front Street)

Main Street (railroad tracks to Oak Grove)

Holmes Avenue (railroad tracks to Summit)

Rossman Ave (Main to Holmes)

Oak Grove Ave {Main to Holmes)

o Parade Route

DE T RO I T LAK ES JAYCEES

NORTHWEST 83JtCL N~ '1AC.4.-L c--· -----~ __ A PO BOX456 • ~ , J~ Q.l1JllU{lL DETROIT LAKES, MN 56502

• l!l!EEl!l!EEE~~~~ Washington Ave - from Hwy 10 to Zorbaz on both sides of the street

and all intersections

All intersections of Front Street from Summit Ave to Washington Ave

All intersections of West Lake Drive from Washington Ave to Summit

Ave

o Requests

Posting of temporary restricted parking "No Parking from 12:00 pm to

4:00 pm due to Parade Route", to be posted at least 12 hours in

advance of parade

Removal of the crosswalk center postings from the noted parade route

prior to July 15th, 2018.

o Miscellaneous

Various parade units will either go to the fairgrounds, Peoples Park, or

back to the staging area.

The Parade of the Northwest will begin at l:OOPM with the Parade of

Classic Cars to begin at 12:45

5. Extended Park Curfew

• Request - Midnight curfew on Wednesday, 07 /11/2018 for Water Fights and on Friday,

07 /13/2018 for Bed Races.

• 1:00 AM curfew for Friday, 07 /13/2018 for Pre Bash on the Beach.

• 1:00 AM curfew for Saturday, 07 /14/2018 for Bash on the Beach.

6. We would appreciate the City's approval for the following

• Use of the paved loop access to the west of the Pavilion to allow for patron safety and

ease of access for set-up/tear down of events throughout Water Carnival.

Please consider our requests as listed above. We would also ask that any fees associated with the

approval of these requests be waived in support of the 83'd Annual Northwest Water Carnival.

As stated previously, the calendar of events is subject to change, and we will provide the City of Detroit

Lakes notification of any applicable changes.

We would also like to take this opportunity to thank the City of Detroit Lakes for the continued support

of the Northwest Water Carnival. This festival would not be what it is today without the commitment of

the City Council members.

Andy Castagneri & Natalie Bly Admirals of the 83'd Northwest Water Carnival

ffi"'^"'iE 3,aNORT' HWESTLffi- c PO BOX 456

\^,ATER CARNIVAL DETROIT MN 5502

City of Detroit Lakes Public WorksWater Carniva! Prep

July 5-15, 2018

Terry

1. Barricadesa. 10 barricades at Lakeside on Friday, July 6th.

b. 8 barricades at the fairgrounds for the demo derby on Saturday, July 7th.

c. 4 barricades at the Pavilion on Saturday, July 7th.

d. 12 barricades at the entrance to the City Park for the Water Fights on Wednesday, July Llthe. Jersey barriers on the corner of the Pavilion where concert stage will meet the building,

Wednesday, July 12th.

t. 23 barricades for the Fun Run at 5:00am on Saturday, July 14th - see attached.g. 50 barricades and 30 traffic cones prior to the parade on Sunday, July 15th - see attached.

2. PARADE ROUTE--Front from Summit to Washington, and then Washington to W Lake Drive toSummit. Please sweep prior to Sunday July 15th for Parade Lineup.

Tom

1. Provide Keys to Pavilion to Jaycees.

2. Mow Derby Ring on Tuesday, July 3'd, for the Demo Derby on Saturday.3. Place 10 picnic tables on the south side of the Pavilion and 10 on the north side prior to the first day.

These will stay for the duration of the Carnival.4. Electrical power turned on to the Picnic shelters and bandshell for duration of carnival.5. Bleachers from the Rec Center to City Beach on Sunday, July 8th for Pup Plunge.

5. Place 2 cemented volleyball standards for the start/finish line and Jr. water fights at the bandshell byWednesday, July 11th.

7. Provide access to the irrigation pit west of bandshell to connect garden hoses for Jr. water fights,Wednesday, July 11th.

8. Bleachers from the Rec Center to bandshell area on Wednesday July 11th for Water Fights.9. Key to warming house during Volleyball tourney on Saturday, July 14th.

10. Remove crosswalk signs that are in the street along parade route for Sunday's parade.11. Skid Steer forks-throughout the week of Water Carnival.12. Haul in sand and level stage area on beach Wednesday, July 11th (day earlier).13. Remove swimming area buoys directly South of pavilion by 5PM Friday, Juty 13th.

Please respond to: Andy Castagneri 21 8.234.6836Natalie Bly 701 .799.1336d lwatercarnival@g mai L com

c PO BOX 456ER CA.RNIV DETROIT MN

February 26,20L8

Todd GlanderBecker County Sheriff925 Lake AvenueDetroit Lakes, MN 56501

Dear Sheriff Glander,

It is with great enthusiasm and excitement that we present to you a tentative schedule for the 83'dNorthwest Water Carnival. The dates for this year's events are planned for July 6th through July 15th,

2018. We ask that you read through this calendar of events and consider this letter a request for theBecker County Sheriff Auxiliary:

83'd Water Carnival

e West Lake Drive

o Friday, 07 /06l2OLg - Kick Off Party - 7:00PM to 12:00PM. We request two officers.

o Becker County Fairgrounds

o Saturday ,7 /O7 /2078 - Demolition Derby - 5:30PM to 10:30PM

' We request four officers total - Two in the pit/ring area and two around

the grand stand area.

o Pre Bash on the Beach

o Friday, 07/t3/zCLg - 7:30PM to L2:30AM. We request three officers total - Two reserve and one designated

boat/water.o Bash on the Beach

o Saturday, 7h4/20L8 - 7:30PM to 12:30AM. We request three officers total - Two reserve and one designated

boat/water.Please consider our requests as listed above. We agree to pay any fees associated with our requests.

As stated, the calendar of events is subject to change, and we will provide you with ample time to plan.We would also like to take this opportunity to thank the Becker County Sheriff for the continued supportof the Northwest Water Carnival. This festival would not be what it is today without the commitment ofthe Becker County Sheriff's Department.

Sincerely,

Andy Castagneri & Natalie BlyAdmirals of the 83'd Northwest Water Carnival

10527829v1

____________________________________________________________________________________________________________________________________________________________

Redevelopment Plan for Redevelopment Project No. 37

and

Tax Increment Financing Plan for Tax Increment Financing

District No. 37-1 therein

Detroit Lakes Development Authority, Minnesota

March 6, 2018

____________________________________________________________________________________________________________________________________________________________

This document was drafted by: Briggs and Morgan (MLI) 2200 IDS Center 80 South 8th Street Minneapolis, Minnesota 55402 Tel: (612) 977-8122 Fax: (612) 977-8650

Exhibit 4C Return to Agenda

10527829v1

Section I.

Definitions and Exhibits

Section 1.1. Definitions. The terms defined below, for purposes of the Redevelopment Project and Redevelopment Plan, and for purposes of the Tax Increment District and Tax Increment Financing Plan within the Redevelopment Project, shall have the following respective meanings, unless the context specifically requires otherwise. As in Minnesota Statutes, Section 469.058, the term "development" includes redevelopment, and the term "developing" includes redeveloping.

"Authority" means the Detroit Lakes Development Authority, established pursuant to the Enabling Act and City Ordinance No. 5, as amended.

"City" means the City of Detroit Lakes, Minnesota.

"Council" means the City Council of the City, its governing body.

"County" means Becker County, Minnesota.

"Enabling Act" means (1) the Minnesota Municipal Housing and Redevelopment Act, as previously codified in Minnesota Statutes, Section 462.411 et seq., and as now codified in Minnesota Statutes, Sections 469.001 through 469.047, and (2) Laws of Minnesota 1985, Chapter 173, as now codified, insofar as it relates to the City, in Minnesota Statutes, Section 469.073, including all powers provided or referenced therein, and as the same may be amended or supplemented.

"Project Area" means the real property within the City constituting the Redevelopment Project as currently described in the attached Exhibit A and depicted in the map attached as Exhibit B.

"Redevelopment Plan" means the Redevelopment Plan adopted herein for the Redevelopment Project, as the same may be amended or supplemented.

"Redevelopment Project" means Redevelopment Project No. 37 of the Authority, established hereby, as the same may be amended or supplemented.

"State" means the State of Minnesota.

"Tax Increment or Tax Increments" means increments, as defined in Minnesota Statutes, Section 469.174 subdivision 25, clause (1), as the same may be amended, from the Tax Increment District.

"Tax Increment Act" means Minnesota Statutes, Sections 469.174 through 469.1794, as amended.

10527829v1

2

"Tax Increment District" or "TIF District" means Tax Increment Financing District No. 37-1 and any other tax increment financing district established pursuant to the Tax Increment Act now or in the future within the Redevelopment Project, and as the same may be amended.

"Tax Increment Plans" means the TIF Plan and any other tax increment financing plans adopted pursuant to the Tax Increment Act for the Tax Increment Districts, respectively, as the same may be amended.

"TIF District No. 37-1" means Tax Increment Financing District No. 37-1 established within the Redevelopment Project.

"TIF Plan" means this Tax Increment Financing Plan for Tax Increment Financing District No. 37-1, as the same may, from time to time, be amended or supplemented.

Section 1.2. Exhibits. The following exhibits are attached to and by reference made a part of this Redevelopment Plan and Tax Increment Financing Plan:

Exhibit A: Parcel Forming Redevelopment Project No. 37 and Tax Increment Financing District No. 37-1.

Exhibit B: Map Showing Redevelopment Project No. 37 and Tax Increment Financing District No. 37-1.

Exhibit C: Estimated Project Costs. Exhibit D: Summary of Estimated Fiscal and Economic Implications. Exhibit E: Cash Flow Projections and Other Financial Data.

10527829v1

3

Section II.

Statement of Public Purpose and Authority

Section 2.1. Enabling Act; Statutory Authority. Pursuant to the Enabling Act, the City is authorized to establish a port authority that has the same powers as a port authority established under Minnesota Statutes, Section 469.049, or other law, as well as the powers of a municipal housing and redevelopment authority established under Minnesota Statutes, Sections 469.001 to 469.047, or other law. In addition, the Enabling Act authorized the City, upon the establishment of such a port authority, to exercise all the powers relating to a port authority granted by Minnesota Statutes, Sections 469.048 to 469.068, or other law, and all the powers of a municipal housing and redevelopment authority established under Minnesota Statutes, Sections 469.001 to 469.047, or other law.

Pursuant in part to a resolution adopted by the Council on September 12, 1985, the City adopted its Ordinance No. 5 and thereby established the Authority as the entity authorized by the Enabling Act.

It is the intention of the Authority, notwithstanding the enumeration of specific goals and objectives in the Redevelopment Plan, that the Authority shall have and enjoy with respect to the Redevelopment Project the full range of powers and duties conferred upon the Authority pursuant to the Enabling Act, the Tax Increment Act, port authority laws, municipal housing and redevelopment authority laws, and such other legal authority as the Authority may have or enjoy from time to time.

Section 2.2. Statement and Finding of Public Purpose. The Authority finds that there is a need for development within the City and the Redevelopment Project to take actions designed to encourage, ensure and facilitate development and redevelopment by the private sector of underutilized and unused land located within the corporate limits of the City in order to provide additional employment opportunities for residents of the City and surrounding area, to improve the local tax base, to provide employment opportunities, and to improve the general economy of the City and the State. The sound development of the economic security of the people in the City depends upon proper development of marginal and other property, as defined in Minnesota Statutes, Section 469.048, Subdivision 5, which includes property that meets any one of a number of conditions, including lands within an industrial area not used for industry but needed for industrial development of the area, properties whose values are too low to pay for the public services required or rendered, and properties whose lack of use or improper use has resulted in stagnant or unproductive land that could otherwise contribute to the public health, safety, and welfare.

The Authority finds that in many cases such marginal property cannot be developed without public participation and assistance in forms including property acquisition and/or write-down, proper planning, the financing of land assembly in the work of clearance or development, and the making and/or financing of various other public and private improvements necessary for development. In cases where the development of marginal and other property cannot be done by private enterprise alone, the Authority believes it to be in the public interest to consider the

10527829v1

4

exercise of its powers, to advance and spend public money, and to provide the means and impetus for such development.

The Authority finds that in certain cases property within the Project Area would not or may not be available for development without the specific financial aid to be sought, that the Redevelopment Plan will afford maximum opportunity, consistent with the needs of the City as a whole, for the development of the Project Area by private enterprise, and that the Redevelopment Plan conforms to the general plan for the development of the City as a whole.

The Authority also finds that the welfare of the City and the State requires the active promotion, retention, attraction, encouragement, and development of economically sound industry and commerce through governmental action for the purpose of preventing the emergence of blighted and marginal lands and areas of chronic unemployment. It shall also be the policy of the Authority to facilitate and encourage such action as may be necessary to prevent the economic deterioration of such areas to the point where the process can be reversed only by total redevelopment. Through the use of the powers conferred on the Authority pursuant to the Enabling Act, promoting economic development may prevent the occurrence of conditions requiring redevelopment and prevent the emergence of blight, marginal land, and substantial and persistent unemployment.

The Redevelopment Plan shall also include the goals (1) of providing an impetus for residential development desirable or necessary to accommodate increased population within the City and (2) of helping to achieve affordable housing goals, including through payment or reimbursement of certain infrastructure or other costs of the housing developments.

10527829v1

5

Section III.

The Redevelopment Plan

Section 3.1. Statement of Objectives. The establishment of the Project Area in the City pursuant to the Enabling Act is necessary and in the best interests of the City and its residents and is necessary to give the Authority the ability to meet certain public purpose objectives that would not be obtainable in the foreseeable future without intervention by the Authority in the normal development process.

The Authority intends, to the extent permitted by law, to accomplish the following objectives through the implementation of the Redevelopment Plan:

(a) Provide for the acquisition of land and construction and financing of site improvements in the Project Area which are necessary for the orderly and beneficial development of the Project Area and adjacent areas of the City.

(b) Promote and secure the prompt and cohesive development of certain property within the Project Area, which property is not now in productive use or in its highest and best use, with a minimum adverse impact on the environment, and thereby promote and secure the desirable development of other land in the City.

(c) Promote and secure additional employment opportunities within the Project Area and the City for residents of the City and the surrounding area, thereby improving living standards and reducing unemployment and the loss of skilled and unskilled labor and other human resources in the City.

(d) Secure the increase of assessed values of property subject to taxation by the City, Independent School District No. 22, the County, and other taxing jurisdictions in order to better enable such entities to pay for governmental services and programs that they are required to provide.

(e) Promote the concentration of new unified development consisting of desirable industrial, housing and other appropriate development in the Project Area so as to maintain the area in a manner compatible with its accessibility and prominence in the City.

(f) Encourage the expansion and improvement of local business, economic activity and development and housing development, whenever possible.

(g) Create a desirable and unique character within the Project Area through quality land use alternatives and design quality in new buildings.

Section 3.2. Boundaries of Project Area. The area within the Project Area is the property as currently described in the attached Exhibit A and depicted in the map attached as Exhibit B. The Project Area shall also include all adjacent roadways, rights-of-way and other areas wherein will be installed or upgraded the various public improvements necessary for and part of the overall project. The Authority finds that the Project Area, together with the objectives which the Authority seeks to accomplish or encourage with respect to such property, constitutes

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a "redevelopment project" and a "redevelopment plan" within the meaning of Minnesota Statutes, Section 469.002, Subdivisions 14 and 16; conforms to the definition of "marginal property" under Minnesota Statutes, Section 469.048, Subdivision 5; and constitutes an "industrial development district" under Minnesota Statutes, Sections 469.048 to 469.068.

Section 3.3. Development Activities. The Authority will perform, or cause to be performed, to the extent permitted by law, all project activities pursuant to the Enabling Act, the Tax Increment Act and other applicable state laws, and in doing so anticipates that the following may, but are not required, to be undertaken by the Authority:

(a) The making of studies, planning, and other formal and informal activities relating to the Redevelopment Plan.

(b) The implementation and administration of the Redevelopment Plan.

(c) The rezoning of land within the Project Area.

(d) The acquisition of property, or interests in property, by purchase or condemnation, which acquisition is consistent with the objectives of the Redevelopment Plan,

(e) The preparation of property for use and development in accordance with applicable Land Use Regulations and a development agreement, including abatement of hazardous materials, demolition of structures, clearance of sites, placement of fill and grading.

(f) The resale of property to private parties.

(g) The construction or reconstruction of improvements described in Section IV hereof.

(h) The issuance of Tax Increment Bonds to finance the Public Costs of the Redevelopment Plan, and the use of Tax Increments or other funds available to the City to pay or finance the Public Costs of the Redevelopment Plan incurred or to be incurred by it pursuant to a development agreement.

(i) The use of Tax Increments to pay debt service on tax increment bonds or otherwise pay or reimburse with interest the Public Costs of the Redevelopment Plan.

Neither the Authority or the City currently have plans for public facilities to be constructed in the Redevelopment Project.

Section 3.4. Payment of Public Costs. It is anticipated that the Public Costs of the Redevelopment Plan will be paid primarily from proceeds of Tax Increment Bonds or from Tax Increments. The Authority reserves the right to utilize other available sources of revenue, including but not limited to special assessments and user charges, which the Authority may apply to pay a portion of the Public Costs.

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Section 3.5. Environmental Controls; Land Use Regulations. All municipal actions, public improvements and private development shall be carried out in a manner consistent with existing environmental controls and all applicable Land Use Regulations.

Section 3.6. Park and Open Space to be Created. Park and open space within the Project Area if created will be created in accordance with the zoning and platting ordinances of the City.

Section 3.7. Proposed Reuse of Property. The Redevelopment Plan contemplates that the Authority may acquire property and reconvey the same to another entity. Prior to formal consideration of the acquisition of any property, the Authority will require the execution of a binding development agreement with respect thereto and evidence that Tax Increments or other funds will be available to repay the Public Costs associated with the proposed acquisition. It is the intent of the Authority to negotiate the acquisition of property whenever possible. Appropriate restrictions regarding the reuse and redevelopment of property shall be incorporated into any Development Agreement to which the Authority is a party.

Section 3.8. Administration and Maintenance of Project Area. Maintenance and operation of the Project Area will be the responsibility of the Community Development Director who shall serve as administrator of the Project Area. Each year the administrator will submit to the Authority the maintenance and operation budget for the following year.

The administrator will administer the Project Area pursuant to the Enabling Act; provided, however, that such powers may only be exercised at the direction of the Authority. No action taken by the administrator pursuant to the above-mentioned powers shall be effective without authorization by the Authority.

Section 3.9. Relocation. Any person or business that is displaced as a result of the Redevelopment Plan may be entitled to be relocated in accordance with Minnesota Statutes, Section 117.50 to 117.56. The Authority will comply with Minnesota Statutes, Sections 117.50 to 117.56 when and if applicable.

Section 3.10. Amendments. The Authority reserves the right to alter and amend the Redevelopment Plan and the Tax Increment Financing Plan, subject to the provisions of state law regulating such action. The Authority specifically reserves the right to enlarge or reduce the size of the Project Area and the Tax Increment District, the Redevelopment Plan and the Public Costs of the Redevelopment Plan and the amount of Tax Increment Bonds to be issued to finance such cost by following the procedures specified in Minnesota Statutes, Section 469.175, Subdivision 4.

Section 3.11. Findings and Declaration. The Authority makes the following findings:

(a) The land in the Project Area would not be made available for redevelopment without the financial aid sought.

(b) The Redevelopment Plan for the Project Area in the City will afford maximum opportunity consistent with the needs of the locality as a whole, for the redevelopment of the area by private enterprise.

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(c) The Redevelopment Plan conforms to the general plan for development of the City as a whole.

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Section IV.

Tax Increment Financing District and Plan No. 37-1 (Apex Town Homes Phase I Project)

Section 4.1. Statement of Objectives. The objectives which the Authority seeks to achieve through the implementation of this Tax Increment District No. 37-1 and TIF Plan (the "District") are set out in the Redevelopment Plan for the Redevelopment Project, as provided in Section II above.

Section 4.2. Development Program. The Redevelopment Plan which the Authority seeks to further through the implementation of the Tax Increment District, its Tax Increment Plan, and the Redevelopment Project, its Redevelopment Plan, is set forth in Section II above.

Section 4.3. Parcel to be Included in Tax Increment District. The Tax Increment District shall consist of the property described in the attached Exhibit B. The basic boundaries of the District are shown on the map attached to this Tax Increment Plan as Exhibit A and depicted in the map attached as Exhibit B.

Section 4.4. Parcels in Acquisition. The Authority may acquire parcels, or interests therein, within this Tax Increment District or within the Redevelopment Project at such time or times as the Authority may determine to be necessary or desirable to assist or implement development within the Redevelopment Project or the District.

Section 4.5. Development Activity Anticipated for Redevelopment Project No. 37. The Authority anticipates that it will enter into suitable agreements with the owner(s) of properties within the District, with DL Housing LLLP, or with other suitable developer(s) (the "Company"), for the acquisition and substantial development of the property in the District and the development of up to approximately 30 multifamily rental townhomes (the "Development"). In consideration of the needed Development, the Authority anticipates contributing tax increment from this District to defray a portion of the development costs. No contract has been signed prior to the establishment of the Tax Increment District relating to Tax Increment Financing.

Section 4.6. Other Specific Development Expected to Occur Within The Redevelopment Project. Additional development may occur in the Redevelopment Project in the future; however, no contracts have been entered into at this time with respect to such development. The nature and timing of further development cannot accurately be predicted at this time.

Section 4.7. Estimated Public Costs. The estimated principal amounts of the public costs and the amount of bonded indebtedness (including interest thereon) to be incurred within and for the benefit of the Redevelopment Project are set forth in Exhibit C. General obligation and/or revenue tax increment obligations (including City or Authority internal, interest-bearing borrowing, short-term or long-term loans, interfund loans and advances and transfers (both in and out) and other assistance from available municipal funding sources), in addition to the direct use of tax increments, may be used if and as required to finance such costs, and the interest paid on such obligations would be in addition to the principal amounts of the assistance referenced

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above. Additional sources of revenue derived from the Authority's activities within the Redevelopment Project under the Enabling Act may also be used, if available.

Section 4.8. Estimated Captured Tax Capacity. The base estimated market value of taxable property in the TIF District is approximately $33,700. The most recent net tax capacity of the TIF District is estimated to be $421. The captured net tax capacity of the TIF District, at the completion of the Development which is estimated to occur by December 31, 2019 is estimated to be $24,579. The market value upon completion of the Development is estimated to be approximately $2,000,000. The Tax Increments will be captured for up to 25 years from receipt of the first Tax Increments or until the Public Costs described herein have been paid. The Authority determines that 100% of the available increase in net tax capacity from the TIF District shall be used for the repayment of bonds and the Payment of Public Costs in accordance with the Redevelopment Plan and this TIF Plan.

Section 4.9. Type of Tax Increment District. Pursuant to Section 469.174, Subdivision 11 of the Act, the City has determined that Tax Increment Financing District No. 37-1 qualifies as a "housing district" because:

"Housing district" means a type of tax increment financing district which consists of a project, or a portion of a project, intended for occupancy, in part, by persons or families of low and moderate income, as defined in Chapter 462A, Title II of the National Housing Act of 1934, the National Housing Act of 1959, the United States Housing Act of 1937, as amended, Title V of the Housing Act of 1949, as amended, any other similar present or future federal, state, or municipal legislation, or the regulations promulgated under any of these acts, and that satisfies the requirements of Section 469.1761. A district does not qualify as a housing district under this subdivision if more than 20 percent of the square footage of buildings that receive assistance from tax increments (including interest reduction, land transfers at less than the Authority's cost of acquisition, utility service or connections, roads, parking facilities, or other subsidies) consists of commercial, retail, or other nonresidential uses. Housing project means a project, or portion of a project, that meets all the qualifications of a housing district under this subdivision, whether or not actually established as a housing district.

The City will cause the Developer to comply with the income restrictions pursuant to Minnesota Statutes, Section 469.1761. For residential rental property, the property must satisfy the income requirements for a qualified residential rental project as defined in section 142(d) of the Internal Revenue Code. The requirements of this subdivision apply for the duration of the tax increment financing district.

Section 4.10. Duration of Tax Increment District. The Act allows "housing districts" to remain in existence for a period of 25 years from the receipt of the first Tax Increments. The City may terminate the Tax Increment District before the end of the 26-year term if all costs of the Redevelopment Project have been paid or provided for.

Section 4.11. Impact on Taxing Jurisdictions. The impact of the TIF District on the affected taxing jurisdictions is reflected in the Authority's anticipated need to utilize the Tax Increments generated from the TIF District during the period described in Section 4.9 above for

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the purposes of financing the Public Costs referenced in Section 4.7 above, as the same may be amended, following which period the increased assessed valuations will inure to the benefit of such taxing jurisdictions.

For the payable 2018 property taxes, the respective tax capacity rates and net tax capacities of the affected taxing jurisdictions are set out in Exhibit C based on the assumption that the estimated captured tax capacity of the TIF District would be available to such taxing jurisdictions without creation of the TIF District.

On the alternate assumption, which has been found to be the case, that none of the estimated captured tax capacity would be available to these taxing jurisdictions without the creation of the TIF District, during the period of the TIF District's existence, there would be no effect on the above tax capacities, but upon the expiration or earlier termination of the TIF District, each taxing jurisdiction's tax capacity would be increased by the captured tax capacity, as it may be adjusted over that time period.

The estimated amount of tax increment that will be generated over the life of the TIF District is approximately $442,643 ($444,239 less $1,596), net of the deduction by the Office of the State Auditor. The estimated amount of tax increment attributable to the School District and County levies is estimated to be approximately $42,551 and $186,157 respectively. It is not expected that the TIF District will have any impact on the need for new or improved public infrastructure other than the infrastructure paid for the by tax increments or private funds. The City's police and fire departments currently serve the area so the probable impact on the City's budget for services such as police and fire protection is minimal. Neither the Authority nor the City anticipates issuing any bonds (other than a pay as you go tax increment revenue note) for the Public Costs nor that the TIF District will affect the City's or the Authority's ability to issue other debt for general fund purposes.

Section 4.12. Cash Flow and Other Financial Analysis. See Exhibit E attached hereto.

Section 4.13. Reasonable Expectations. The Authority has determined that the proposed development of the TIF District would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing is probably $0, which is less than the increase in the market value estimated to result from the proposed development (i.e., $1,966,300 approximately) after subtracting the present value of the projected tax increments for the maximum duration of the TIF District (i.e., $256,295), which is approximately $1,710,005. A comparative analysis of estimated market values both with and without establishment of the TIF District is attached as part of Exhibit E.

Section 4.14. Reserved.

Section 4.15. Tax Increment Accounts. Consistent with Minnesota Statutes, Section 469.177, Subdivision 5, requiring that "tax increment received with respect to any district shall be segregated by the authority in a special account or accounts on its official books and records or as otherwise established by resolution of the authority to be held by a trustee or trustees for the benefit of the holders of the bonds," the Authority and/or the City will account for all increment

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from the TIF District in one or more City or Authority accounts and subaccounts, including the ability where deemed appropriate to establish one or more accounts for the proper accounting and implementation of the TIF District and the portion of the Redevelopment Project to be financed directly or indirectly with tax increment. The right to make appropriate transfers in and out of such accounts is hereby reserved, along with the right to make both external and internal interest-bearing borrowings, whether long-term or short-term, including transfers from other City or Authority funds and interfund loans to cash flow tax increment obligations and other legitimate expenditures.

The Council and Authority resolutions initially approving this Tax Increment Plan contain a policy regarding "interfund loans and advances," within the meaning of Minnesota Statutes, Section 469.174, Subdivision 3.

Section 4.16. Use of Tax Increment. The Authority hereby determines that it will use 100% of the captured net tax capacity of taxable property located in the Tax Increment District for the following activities:

(a) To pay principal and interest on bonds issued to finance a housing project.

(b) To finance, or otherwise pay the public redevelopment costs of the housing project constituting a Redevelopment Project pursuant to the Minnesota Statutes, Sections 469.001 to 469.047.

(c) To pay for project costs as identified in the budget.

(d) To finance, or otherwise pay for housing projects as provided in Minnesota Statutes, Section 469.176, Subd. 4(d).

(e) To pay principal and interest on any loans, advances or other payments made to the Authority or for the benefit of the Redevelopment Project by the Developer.

(f) To finance or otherwise pay premiums and other costs for insurance, credit enhancement, or other security guaranteeing the payment when due of principal and interest on tax increment bonds or bonds issued pursuant to the Tax Increment Plan or pursuant to Minnesota Statutes, Chapter 462C and Minnesota Statutes, Sections 469.152 to 469.165, or both.

(g) To accumulate or maintain a reserve securing the payment when due of the principal and interest on the Tax Increment Bonds or bonds issued pursuant to Minnesota Statutes, Chapter 462C and Minnesota Statutes, Sections 469.152 to 469.165, or both.

These revenues shall not be used to circumvent any levy limitations applicable to the Authority and shall be used solely for housing projects as provided in Minnesota Statutes Section 469.176, Subdivision 4(d).

Section 4.17. Limitations on the Use of Tax Increment.

(a) General Limitations. All revenue derived from tax increment shall be used in accordance with the tax increment financing plan. The revenues shall be used to finance or

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otherwise pay public redevelopment costs of the housing project constituting a Redevelopment Project pursuant to Minnesota Statutes, Section 469.001 through 469.047, as amended. These revenues shall not be used to circumvent existing levy limit law. No revenues derived from tax increment shall be used for the construction, renovation, operation or maintenance of a building to be used primarily and regularly for conducting the business of a municipality, county, school district, or any other local unit of government or the state or federal government or for a commons area used as a public park, or a facility used for social, recreational, or conference purposes; this provision shall not prohibit the use of revenues derived from tax increments for the construction or renovation of a parking structure or of a privately owned facility for conference purposes.

(b) Restriction on Pooling. At least 80 percent of tax increments from the Tax Increment District must be expended on activities in Tax Increment District or to pay bonds, to the extent that the proceeds of the bonds were used to finance activities within said district or to pay, or secure payment of, debt service on credit enhanced bonds, provided that in the case of a housing district, a housing project as defined in Minnesota Statutes, Section 469.174, Subdivision 11, is deemed to be an activity in the TIF District, even if the expenditure occurred after five years. Not more than 20 percent of said tax increments may be expended, through a development fund or otherwise, on activities outside of the Tax Increment District except to pay, or secure payment of, debt service on credit enhanced bonds, provided that in the case of a housing district, a housing project as defined in Minnesota Statutes, Section 469.174, Subdivision 11, is deemed to be an activity in the District, even if the expenditure occurred after five years. For purpose of applying this restriction, all administrative expenses must be treated as if they were solely for activities outside of the Tax Increment District.

(c) Five Year Limitation on Commitment of Tax Increments. Tax increments derived from the Tax Increment District shall be deemed to have satisfied the 80 percent test set forth in paragraph (2) above only if the five year rule set forth in Minnesota Statutes, Section 469.1763, Sub. 3, has been satisfied; and beginning with the sixth year following certification of the Tax Increment District, 80 percent of said tax increments that remain after expenditures permitted under said five year rule must be used only to pay credit enhanced bonds as more fully set forth in Minnesota Statutes, Section 469.1763, Sub. 5, provided that in the case of a housing district, a housing project as defined in Minnesota Statutes, Section 469.174, Subdivision 11, is deemed to be an activity in the District, even if the expenditure occurred after five years.

Section 4.18. Prior Planned Improvements. The Authority shall, after due and diligent search, accompany its request for certification to the County Auditor with a listing of all properties within the Tax Increment District for which building permits have been issued during the eighteen (18) months immediately preceding approval of the Tax Increment Financing Plan by the Authority. The County Auditor shall increase the original net tax capacity of the Tax Increment District by the net tax capacity of the improvements for which the building permit was issued.

Section 4.19. Modifications of Tax Increment Financing Districts. In accordance with Minnesota Statutes, Section 469.175, Subdivision 4, any:

1. reduction or enlargement of the geographic area of the Tax Increment District;

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2. increase in amount of bonded indebtedness to be incurred, including a determination to capitalize interest on debt if that determination was not a part of the original plan, or to increase or decrease the amount of interest on the debt to be capitalized;

3. increase in the portion of the captured net tax capacity to be retained by the authority;

4. increase in total estimated tax increment expenditures; or

5. designation of additional property to be acquired by the Authority,

shall be approved upon notice and after the discussion, public hearing and findings required for approval of the original Tax Increment Plan.

The geographic area of a tax increment financing district may be reduced, but shall not be enlarged after five years following the date of certification of the original net tax capacity by the county auditor. The requirements of this paragraph do not apply if (1) the only modification is elimination of parcels from the project or district and (2)(A) the current tax capacity of the parcels eliminated from the district equals or exceeds the net tax capacity of those parcels in the district's original tax capacity or (B) the authority agrees that, notwithstanding Section 469.177, subdivision 1, the original net tax capacity will be reduced by no more than the current net tax capacity of the parcels eliminated from the district. The authority must notify the county auditor of any modification that reduces or enlarges the geographic area of a district or a project area.

Section 4.20. Administrative Expenses. In accordance with Minnesota Statutes, Section 469.174, Subdivision 14 and Minnesota Statutes, Section 469.176, Subdivision 3, administrative expenses means all expenditures of an authority other than (1) amounts paid for the purchase of land; (2) amounts paid to contractors or others providing materials and services, including architectural and engineering services, directly connected with the physical development of the real property in the project; (3) relocation benefits paid to or services provided for persons residing or businesses located in the project; (4) amounts used to pay principal or interest on, fund a reserve for, or sell at a discount bonds issued pursuant to section 469.178; or (5) amounts used to pay other financial obligations to the extent those obligations were used to finance costs described in clauses (1) to (3). For districts for which the requests for certifications were made before August 1, 1979, or after June 30, 1982, "administrative expenses" includes amounts paid for services provided by bond counsel, fiscal consultants, and planning or economic development consultants. No tax increment shall be used to pay any administrative expenses for a project which exceed ten percent of the total estimated tax increment expenditures authorized by the tax increment financing plan or the total tax increment expenditures for the project, whichever is less.

Pursuant to Minnesota Statutes, Section 469.176, Subd. 4h, tax increments may be used to pay for the county's actual administrative expenses incurred in connection with the tax increment district. The county may require payment of those expenses by February 15 of the year following the year the expenses were incurred. Tax increments used to pay the county's administrative expenses under subdivision 4h are not subject to the 10% limit.

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Pursuant to Minnesota Statutes, Section 469.177, Subd. 11, the county treasurer shall deduct an amount equal to approximately .36% of any increment distributed to an authority or municipality. The County Treasurer shall pay the amount deducted to the Commissioner of Management and Budget for deposit in an account in the special revenue fund to be appropriated to the State Auditor for the cost of financial reporting of tax increment financing information and the cost of examining and auditing authorities' use of tax increment financing as provided under Section 469.1771, subdivision 1.

Section 4.21. Limitation of Property Not Subject to Improvement; Four-Year Rule. If, after 4 years from the date of certification of the original net tax capacity of the tax increment financing district pursuant to section 469.177, no demolition, rehabilitation or renovation of property or other site preparation, including qualified improvement of a street adjacent to a parcel but not installation of utility service including sewer or water systems, has been commenced on a parcel located within a tax increment financing district by the authority or by the owner of the parcel in accordance with the tax increment financing plan, no additional tax increment may be taken from that parcel, and the original net tax capacity of that parcel shall be excluded from the original net tax capacity of the tax increment financing district. If the authority or the owner of the parcel subsequently commences demolition, rehabilitation, or renovation or other site preparation on that parcel including qualified improvement of a street adjacent to that parcel, in accordance with the tax increment financing plan, the authority shall certify to the county auditor that the activity has commenced, and the county auditor shall certify the net tax capacity thereof as most recently certified by the commissioner of revenue and add it to the original net tax capacity of the tax increment financing district. The Authority must submit to the county auditor evidence that the required activity has taken place for each parcel in the district. The evidence for a parcel must be submitted by February 1 of the fifth year following the year in which the parcel was certified as included in the district. For purposes of this subdivision, qualified improvements of a street are limited to (1) construction or opening of a new street, (2) relocation of a street, and (3) substantial reconstruction or rebuilding of an existing street.

Section 4.22. Excess Tax Increments. Pursuant to Minnesota Statutes, Section 469.176, Subdivision 2, in any year in which the tax increments exceed the amount necessary to pay the Public Costs authorized by the Development Program and Tax Increment Financing Plan, including the amount necessary to cancel any tax levy as provided in Minnesota Statutes, Section 475.61, Subdivision 1, the Authority shall use the excess amount to do one or more of the following:

(a) prepay any outstanding bonds;

(b) discharge the pledge of tax increment for any outstanding bonds;

(c) pay into an escrow account dedicated to the payment of any outstanding bonds; or

(d) return the excess amount to the county auditor for redistribution to the respective taxing jurisdictions in which the tax increment financing district is located in proportion to their respective local tax rates.

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In addition, the Authority may, subject to the limitations set forth herein, choose to modify the Tax Increment Financing Plan in order to finance additional Public Costs of the Redevelopment Project.

Section 4.23. Administration of Tax Increment Financing District No. 37-1. Administration of Tax Increment District will be handled by the Community Development Director or the City Administrator.

Section 4.24. Financial Reporting Requirements. The Authority will comply with all reporting requirements of Minnesota Statutes, Section 469.175, Subd. 5 and 6.

Section 4.25. Economic Development or Job Growth; Business Subsidies; Reporting. To the extent applicable, the Authority agrees to comply with Minnesota Statutes, Sections 116J.993 to 116J.995, which states that a local unit of government granting financial assistance to a business for economic development or job growth purposes, including tax increment financing, must establish business subsidy criteria and approve a business subsidy agreement with the business receiving tax assistance. Minnesota Statutes, Section 116J.993 requires a governmental entity providing a business with a subsidy worth $25,000 or more to complete a subsidy approval process as described below. Housing projects and many redevelopment projects are exempt from the requirements.

Before granting a business subsidy, the City must complete the following:

(a) Adopt criteria for awarding business subsidies following a public hearing.

(b) Enter into a subsidy agreement which must include the following information and requirements:

(1) A description of the subsidy, including the amount and type of subsidy, and type of district if the subsidy is a tax increment financing;

(2) A statement of the public purpose of the subsidy;

(3) Measurable, specific, and tangible goals for the subsidy;

(4) A description of the recipient's financial obligation if the goals are not met;

(5) A statement of why the subsidy is needed;

(6) A commitment from the recipient to continue operations in the jurisdiction where the subsidy is used for at least five (5) years after the benefit date;

(7) The name and address of the parent corporation of the recipient, if any;

(8) A list of all financial assistance by all grantors for the project; and

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(9) A requirement for the recipient to provide the Authority and the Department of Employment and Economic Development with annual information regarding goals for two years after receiving the subsidy or until the goals are achieved. The reports must be filed by March 1 for the prior year.

(c) If the business subsidy exceeds $150,000, the City must conduct a public hearing on the subsidy, after providing at least ten (10) days published notice in the local newspaper.

Section 4.26. Requirements for Agreements with Developers. The Authority will review any proposal for private development to determine its conformance with the Redevelopment Plan and with applicable municipal ordinances and codes. To facilitate this effort, the following documents may be requested for review and approval: site plan, construction, mechanical, and electrical system drawings, landscaping plan, grading and storm drainage plan, signage system plan, and any other drawings or narrative deemed necessary by the Authority to demonstrate the conformance of the development with City plans and ordinances. The Authority may also use the agreements to address other issues related to the development.

Pursuant to Minnesota Statutes, Section 469.176, Subdivsion 5, no more than 10%, by acreage, of the property to be acquired in the Tax Increment District as set forth in the Tax Increment Plan shall at any time be owned by the Authority as a result of acquisition with the proceeds of bonds issued pursuant to Minnesota Statutes, Section 469.178, without the Authority having, prior to acquisition in excess of 10% of the acreage, concluded an agreement for the development or redevelopment of the property acquired and which provides recourse for the Authority should the development or redevelopment not be completed.

Pursuant to Minnesota Statutes, Section 469.176 Subdivision 5, if more than 10% of the acreage of a project is to be acquired by the Authority with proceeds from tax increment bonds then, prior to such acquisition, the Authority must enter into an agreement for the development of the property. Such agreement must provide recourse for the Authority should the development not be completed.

Section 4.27. Green Acres. Tax Increment Financing District No. 37-1 does not contain any parcel or part of a parcel that qualified under the provisions of Section 273.111 or 273.112 and Chapter 473H for taxes payable in any of the five calendar years before the filing of the request for certification of the Tax Increment District.

Section 4.28. County Road Costs. Pursuant to Minnesota Statutes, Section 469.175, Subdivision 1a, the County board may require the Authority to pay for all or part of the cost of County road improvements if the proposed development to be assisted by tax increment will, in the judgment of the County, substantially increase the use of County roads requiring construction of road improvements or other road costs and if the road improvements or other road costs are not scheduled within five years under a county capital improvement plan or within five years under another formally adopted County plan. If the County elects to use increments to finance the road improvements, it must notify the Authority within forty-five days of receipt of this Tax Increment Financing Plan.

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Section 4.29. Assessment Agreements. Pursuant to Minnesota Statutes, Section 469.177, Subd. 8, the Authority may enter into an agreement in recordable form with the developer of property within the Tax Increment District which establishes a minimum market value of the land and completed improvements for the duration of the Tax Increment District. The assessment agreement shall be presented to the assessor who shall review the plans and specifications for the improvements constructed, review the market value previously assigned to the land upon which the improvements are to be constructed and, so long as the minimum market value contained in the assessment agreement appear, in the judgment of the assessor, to be a reasonable estimate, the assessor may certify the minimum market value agreement. The Authority does not anticipate entering into an assessment agreement in connection with the Development.

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EXHIBIT A

Parcel Forming Redevelopment Project No. 37 and Tax Increment Financing District No. 37-1 Detroit Lakes Development Authority (Apex Town Homes Housing Project)

March 6, 2018

That part of Lot 2, Block 1, M & M ESTATES, said plat is on file and of record in the office of the Recorder in Becker County, Minnesota, described as follows: Beginning at an iron monument which designates the northwesterly corner of said Lot 2; thence North 89 degrees 26 minutes 07 seconds East 453.00 feet on an assumed bearing along the northerly line of said Lot 2; thence South 00 degrees 22 minutes 20 seconds West 200.83 feet; thence South 89 degrees 37 minutes 40 seconds East 100.00 feet; thence South 00 degrees 22 minutes 20 seconds West 250.74 feet to the southerly line of said Lot 2; thence North 88 degrees 45 minutes 54 seconds West 566.95 feet along the southerly line of said Lot 2 to an iron monument at the southwesterly corner of said Lot 2; thence North 02 degrees 14 minutes 39 seconds East 425.52 feet along the westerly line of said Lot 2 to an iron monument; thence northerly continuing along the westerly line of said Lot 2 on a curve concave to the west, having a central angle of 03 degrees 13 minutes 18 seconds and a radius of 183.95 feet, for a distance of 10.34 feet (chord bearing North 00 degrees 38 minutes 00 seconds East) to the point of beginning. The above described tract contains 5.25 acres. SUBJECT TO an existing 20.00 foot wide utility easement along the westerly line of said Lot 2 as dedicated in said M & M ESTATES.

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EXHIBIT B

Map Showing of Redevelopment Project No. 37 and Tax Increment Financing District No. 37-1.

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EXHIBIT C

Estimated Project Costs

Sources of Funds (Estimates)

Tax Increment $442,643 Interest 0 Total $442,643

Uses of Tax Increment

Installation of project $392,000 Administrative expenses 44,270 Other eligible expenses 6,373 Total Project Costs $442,643

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EXHIBIT D

Summary of Estimated Fiscal and Economic Implications of Tax Increment Financing District No. 37-1

of the Detroit Lakes Development Authority

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EXHIBIT E

Cash Flow Projections and Other Financial Data Relating to

Tax Increment Financing District No. 37-1

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EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY

OF DETROIT LAKES, MINNESOTA

HELD: March 13, 2018

Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Detroit Lakes, Becker County, Minnesota, was duly called and held on the 13th day of March, 2018, at 5:00 p.m.

The following members of the Council were present:

and the following were absent:

Councilmember ___________ introduced the following resolution and moved its adoption:

RESOLUTION __________

RESOLUTION APPROVING REDEVELOPMENT PROJECT NO. 37 AND THE REDEVELOPMENT PLAN THEREFOR AND APPROVING TAX INCREMENT

FINANCING DISTRICT NO. 37-1 AND THE TAX INCREMENT FINANCING PLAN THEREFOR AND AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT

WHEREAS:

A. It has been proposed that the Detroit Lakes Development Authority (the "Authority") establish its Redevelopment Project No. 37 (the "Redevelopment Project"); adopt the Redevelopment Plan for the Redevelopment Project; and establish Tax Increment Financing District No. 37-1 within the Redevelopment Project and adopt the related Tax Increment Financing Plan therefor (collectively, the "Plans"); all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.001 through 469.068, Sections 469.174 to 469.1794, as amended (the "Act"), 469.073, and Laws of Minnesota 1985, Chapter 173, as now codified; all as reflected in that certain document entitled in part "Redevelopment Plan for Redevelopment Project No. 37 and Tax Increment Financing Plan for Tax Increment Financing District No. 37-1 Therein," dated March 8, 2018, and presented for the Council's consideration.

B. The City has performed all actions required by law to be performed prior to the establishment of Tax Increment Financing District No. 37-1 within the Redevelopment Project, and the adoption of a proposed Redevelopment Plan and Tax Increment Financing Plan therefor, including, but not limited to, notification of Becker County and Independent School District No. 22 having taxing jurisdiction over the property to be included in Tax Increment Financing District No. 37-1 and the holding of a public hearing upon published and mailed notice as required by law.

Exhibit 4C1 Return to Agenda

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C. Certain written reports (the "Reports") relating to the Plans and to the activities contemplated therein have heretofore been prepared by staff and submitted to the Council and/or made a part of the City or Authority files and proceedings on the Plans. The Reports include the Company's tax increment application, as well as data, information and/or substantiation constituting or relating to (1) the "studies and analyses" on why the new Tax Increment District meets the so-called "but for" test and the tests for establishing a housing tax increment financing district under the Act and (2) the bases for the other findings and determinations made in this Resolution. The Council hereby confirms, ratifies and adopts the Reports, which are hereby incorporated into and made as fully a part of this resolution to the same extent as if set forth in full herein.

D. DL Housing LLLP, a Minnesota limited liability limited partnership (the "Company") has requested that the Authority assist with the financing of certain costs incurred in connection with the construction of approximately 30 multifamily rental townhomes (the "Project").

E. The Company and the Authority have determined to enter into a Development Agreement providing for the City's assistance for the Project (the "Development Agreement").

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

1. Redevelopment Plan Findings. The City hereby finds that:

(a) the land in the Redevelopment Project would not be made available for redevelopment without the financial aid to be sought;

(b) the Redevelopment Plan will afford maximum opportunity, consistent with the needs of the City as a whole, for the redevelopment of the Redevelopment Project and adjacent areas by private enterprise;

(c) the Redevelopment Plan conforms to the general plan for the development or redevelopment of the City as a whole, and the anticipated development is in furtherance of long range plans of the City for that area;

(d) the Redevelopment Plan is intended and, in the judgment of the City, its effect will be, to promote the public purposes and accomplish the objectives specified in the Redevelopment Plan for the Redevelopment Project; and

(e) the Redevelopment Project constitutes a "housing project" within the meaning of Minnesota Statutes, Section 469.002, Subd. 13.

2. Redevelopment Project. There has been established by the Authority in the City of Detroit Lakes the Redevelopment Project, the initial boundaries of which are fixed and determined as described in the Redevelopment Plan.

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3. Redevelopment Plan. The redevelopment plan for the Redevelopment Project, a copy of which is on file in the office of the City Administrator, is approved as the Redevelopment Plan for the Redevelopment Project.

4. Tax Increment Financing District No. 37-1. There has been established by the Authority in the City of Detroit Lakes within Redevelopment Project No. 37 Tax Increment Financing District No. 37-1, the initial boundaries of which are fixed and determined as described in the Tax Increment Financing Plan.

5. Tax Increment Financing Plan. The Tax Increment Financing Plan is approved as the tax increment financing plan for Tax Increment Financing District No. 37-1, and the City Council makes the following findings:

(a) Tax Increment Financing District No. 37-1 is a housing district as defined in Minnesota Statutes, Section 469.174, Subd. 11, the specific basis for such determination being that the construction of approximately 30 multifamily rental townhomes (the "Project") will provide safe, decent, affordable, sanitary housing for residents of the City and it will result in the preservation and enhancement of the tax base of the State.

(b) The proposed Project in the opinion of the City Council, would not occur solely through private investment within the reasonably foreseeable future. The reasons supporting this finding are that the proposed Project is expected to consist of approximately 30 multifamily rental townhomes. The City's finding that the proposed Project would be unlikely to occur solely through private investment within the reasonably foreseeable future is based on an analysis of the project pro forma and other materials submitted to the City by the Company. These documents have indicated that the reduction in annual revenues due to the lower rents associated with providing affordable housing units will result in returns that are not sufficient to support Project, thereby making this housing Project infeasible without public assistance. Therefore, the Company has indicated in communications with the City and submitted financial data that the Project as proposed would not move forward without tax increment assistance.

The reasons supporting this finding are that:

(i) Private investment will not finance these development activities because of prohibitive costs. The Company, has indicated that the tax increment assistance is essential for the Project to proceed and be feasible; and

(ii) It is necessary to finance these development activities through the use of tax increment financing so that other development by private enterprise will occur within Redevelopment Project No. 37.

(c) The Tax Increment Financing Plan for Tax Increment Financing District No. 37-1 conforms to the general plan for development or redevelopment of the City of Detroit Lakes as a whole.

The reasons for supporting this finding are that:

(i) Tax Increment Financing District No. 37-1 is properly zoned;

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(ii) The City has determined that the proposed Tax Increment Financing Plan conforms to the general plan for the development or redevelopment of the City as a whole; and

(iii) The Tax Increment Financing Plan will generally complement and serve to implement policies adopted by the City.

(d) The Tax Increment Financing Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of Redevelopment Project No. 37 by private enterprise. The reasons supporting this finding are that:

The development activities are necessary so that development and redevelopment by private enterprise can occur within Redevelopment Project No. 37.

6. Public Purpose. The Redevelopment Plan for the Redevelopment Project, and the adoption of the Tax Increment Financing Plan for Tax Increment Financing District No. 37-1 therein conform in all respects to the requirements of the Act and will help fulfill a need to provide safe, decent, sanitary housing for all residents of the city to improve the tax base and to improve the general economy of the State and thereby serves a public purpose.

7. Certification. The Auditor of Becker County is requested to certify the original net tax capacity of Tax Increment Financing District No. 37-1 as described in Tax Increment Financing Plan, and to certify in each year thereafter the amount by which the original net tax capacity has increased or decreased in accordance with the Act; and the City Administrator is authorized and directed to forthwith transmit this request to the County Auditor in such form and content as the Auditor may specify, together with a list of all properties within Tax Increment Financing District No. 37-1 for which building permits have been issued during the 18 months immediately preceding the adoption of this Resolution.

8. Filing. The City Administrator is further authorized and directed to file a copy of the Redevelopment Plan and Tax Increment Financing Plan for Tax Increment Financing District No. 37-1 with the Commissioner of Revenue.

9. Approval of Development Agreement. The City Council hereby consents to the execution of a Development Agreement between the Authority and the Company providing for payment of the Authority's assistance for the Project in substantially the form submitted. The approval hereby given to the Development Agreement includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the Authority officials authorized by resolution of the Board of Commissioners of the Authority to execute the Agreement. The execution of the Agreement by the appropriate officer or officers of the Authority shall be conclusive evidence of the approval of the Development Agreement in accordance with the terms hereof.

10. Interfund Loan. The City has determined to pay for certain costs (the "Qualified Costs") of the Project, identified in the Tax Increment Financing Plan, which costs may be financed on a temporary basis from the City's general fund or any other fund from which such

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advances may be legally made (the "Fund"). Under Minnesota Statutes, Section 469.178, Subd. 7, the City is authorized to advance or loan money from the Fund in order to finance the Qualified Costs. The City intends to reimburse itself for the payment of the Qualified Costs, plus interest thereon, from tax increments derived from Tax Increment Financing District No. 37-1 in accordance with the following terms (which terms are referred to collectively as the "Interfund Loan"):

(a) The City shall repay to the Fund from which the Qualified Costs are initially paid, the principal amount of $442,643 (or, if less, the amount actually paid from such fund) together with interest at 4.00% per annum (which is not more than the greater of (i) the rate specified under Minnesota Statutes, Section 270C.40, or (ii) the rate specified under Minnesota Statutes, Section 549.09) from the date of the payment.

(b) Principal and interest on the Interfund Loan ("Payments") shall be paid semi-annually on each February 1 and August 1 commencing with the first February 1 or August 1 occurring after the date the tax increments from Tax Increment Financing District No. 37-1 are available and not otherwise pledged to and including the earlier of (a) the date the principal and accrued interest of the Interfund Loan is paid in full, or (b) the date of last receipt of tax increment from Tax Increment Financing District No. 37-1 ("Payment Dates") which Payments will be made in the amount and only to the extent of available tax increments. Payments shall be applied first to accrued interest, and then to unpaid principal.

(c) Payments on the Interfund Loan are payable solely from the tax increment generated in the preceding six (6) months with respect to Tax Increment Financing District No. 37-1 and remitted to the City by Becker County, all in accordance with Minnesota Statutes, Sections 469.174 to 469.1794, as amended. Payments on this Interfund Loan are subordinate to any outstanding or future bonds, notes or contracts secured in whole or in part with tax increment, and are on parity with any other outstanding or future interfund loans secured in whole or in part with tax increment.

(d) The principal sum and all accrued interest payable under this Interfund Loan are pre-payable in whole or in part at any time by the City without premium or penalty. No partial prepayment shall affect the amount or timing of any other regular payment otherwise required to be made under this Interfund Loan.

(e) The Interfund Loan is evidence of an internal borrowing by the City in accordance with Minnesota Statutes, Section 469.178, Subd. 7, and is a limited obligation payable solely from tax increment pledged to the payment hereof under this resolution. The Interfund Loan and the interest hereon shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including, without limitation, the City. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of or interest on the Interfund Loan or other costs incident hereto except out of tax increment, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment of the principal of or interest on the Interfund Loan or other costs incident hereto. The City shall have no obligation to pay any principal amount of the Interfund Loan or accrued interest thereon, which may remain unpaid after the termination of Tax Increment Financing District No. 37-1.

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(f) The City may amend the terms of the Interfund Loan at any time by resolution of the City Council, including a determination to forgive the outstanding principal amount and accrued interest to the extent permissible under law.

The motion for the adoption of the foregoing resolution was duly seconded by councilmember __________ and upon vote being taken thereon, the following voted in favor thereof:

and the following voted against the same:

Whereupon said resolution was declared duly passed and adopted.

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STATE OF MINNESOTA COUNTY OF BECKER CITY OF DETROIT LAKES

I, the undersigned, being the duly qualified and acting Administrator of the City of Detroit Lakes, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated, insofar as such minutes relate to Redevelopment Project No. 37 and the establishment of Tax Increment Financing District No. 37-1 therein.

WITNESS my hand this ____ day of March, 2018.

_______________________________________ City Administrator


IN THE MATTER OF VACATING A PUBLIC ROAD RIGHT OF WAY OF CURFMAN BEACH

(132 SHOREWOOD DRIVE)

WHEREAS, The City of Detroit Lakes is considering the vacation of a public road right of way, Curfman Beach in the City of Detroit Lakes; and

WHEREAS, The Council did call and hold a hearing thereon the 13th day of March, 2018, at 5:00pm in the City Hall of Detroit Lakes, Minnesota; and

WHEREAS, notice to abutting property owners was given pursuant to published and mailed notices as provided by the City of Detroit Lakes Charter and Administrative Code; and

WHEREAS, the Council has considered the evidence presented and has made the following finds of fact:

1) The public road to be vacated is approximately 25 feet wide;

2) The public road right of way is described as follows:

That part of the Public Road dedicated in CURFMAN BEACH, said plat is on file and of record in the office of the Recorder in Becker County, Minnesota, described as follows:

Commencing at an iron monument which designates the southwesterly corner of Lot 5 of said CURFMAN BEACH; thence North 71 degrees 48 minutes 55 seconds East 112.52 feet on an assumed bearing along the southerly line of said Lot 5 and the southerly line of Lot 6 of said CURFMAN BEACH to an iron monument at the southeasterly corner of said Lot 6; thence North 15 degrees 09 minutes 04 seconds West 24.88 feet along the easterly line of said Lot 6 to an iron monument on the southerly line of said Public Road, said point is the point of beginning of the road vacation to be described; thence continuing North 15 degrees 09 minutes 04 seconds West 24.88 feet to an iron monument on the northerly line of said Public Road and on the easterly line of said Lot 6; thence South 71 degrees 29 minutes 38 seconds West 109.37 feet along the northerly line of said Public Road to the westerly line of said Lot 5; then South 11degrees 28 minutes 04 seconds East 24.70 feet to an iron monument on the southerly line of said Public Road and on the westerly line of said Lot 5; thence North 71 degrees 39 minutes 29 seconds East 110.95 feet along the southerly line of said Public Road to the point of beginning. The above describe road vacation contains 2,719 square feet.

WHEREAS, pursuant to hearing and deliberation, the Council of the City of Detroit Lakes determines that there is no substantial public interest to be served by a continuance of the existence of the aforedescribed portion of the public road right of way.

NOW THEREFORE BE IT FURTHER RESOLVED By the City Council of the City of Detroit Lakes that the public road right of way of Boulder Circle is vacated.

Exhibit 4D1 Return to Agenda

Passed and adopted this 13th day of March 2018. Approved this 13th day of March 2018. Matt Brenk, Mayor Glori French, City Clerk


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

WASTE WATER TREATMENT FACILITY AT 1044 WILLOW STREET WEST

FACTS

1) The City of Detroit Lakes is the owner of a parcel of land located at 1044 Willow StreetWest;

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 the construction of a new WasteWater Treatment Facility with a side yard setback of 9 feet at 1044 Willow Street West;

4) The proposal would vary from the zoning ordinance requirement by allowing a 9 footsetback instead of a 30 foot side yard setback;

5) Following a public hearing on the application, the Detroit Lakes Planning Commissionhas recommended approval of the variance to allow the construction of a new WasteWater Treatment Facility with a side yard setback of 9 feet at 1044 Willow Street West;

6) The City Council of the City of Detroit Lakes reviewed the requested variance at itsmeeting on March 13, 2018;

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;

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 5B Return to Agenda

9) City Ordinance requires a side yard setback of 30 feet in an “R-A” District;

CONCLUSION OF LAW

10) The variance is in harmony with the purpose and intent of the ordinance as it will allow construction of an essential service in an “R-A” District with a 9 foot side yard setback with is nearly as wide as the 10 foot side yard required in the adjacent “R-2” District;

11) The variance is consistent with the comprehensive plan which shows this area as a public

facility;

12) The property will be put to use in a reasonable manner as it will allow construction of a necessary essential service that will not negatively impact the development of this area;

13) The circumstance are unique to the property as any change in location of the Waste Water Treatment Facility would require a large expenditure of public funds;

14) The variance will maintain the essential character of the area as it will allow continued use of the site for a Waste Water Treatment Facility;

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Detroit Lakes, Minnesota, that the variance is hereby approved to allow the construction of a new Waste Water Treatment Facility with a side yard setback of 9 feet at 1044 Willow Street West. Passed and adopted by the City Council of Detroit Lakes on the 13th day of March 2018. Approved this 13th day of March 2018. Matt Brenk, Mayor Glori French, City Clerk


IN THE MATTER OF ADOPTING FINDINGS OF FACT AND REASONS FOR DENIAL FOR THE VARIANCE APPLICATION OF STYLES ON WILLOW

106 WILLOW STREET WEST

FACTS

1) Styles on Willow is the owner of a parcel of land located at 106 Willow Street West;


3) The owner has applied to the City for a variance to allow a 15 foot front yard setback andallow 6 parking spaces to construct a 24 x 24 foot addition;

4) The proposal would vary from the zoning ordinance requirement by allowing a 15 footfront yard setback instead of a 30 foot front yard setback and allow 6 parking spacesinstead of the 8 parking spaces in a “B-3” District;

5) Following the public hearing on the application, the Detroit Lakes Planning Commissionhas recommended denial of the variance to allow a 15 foot front yard setback with 6parking spaces for a 24 x 24 addition in a “B-3” District on February 22, 2018;

6) The City Council of the City of Detroit Lakes reviewed the requested variance at itsmeeting on March 13, 2018;

APPLICABLE LAW


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;

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;

9) City Ordinance requires a side yard setback of 30 feet in an “B-3” District;


CONCLUSION OF LAW

10) The variance is in not harmony with the purpose and intent of the ordinance as it will allow construction of a 24 x 24 building with a 15 foot front yard setback in a commercial district with 6 parking spaces instead of the required 8 parking spaces on a lot that is only 50 feet wide;

11) The variance is consistent with the comprehensive plan which allows a commercial use in a commercial district;

12) The property will not be put to use in a reasonable manner as it will allow construction of a building that is too large for the site and does not have enough room to provide the required parking;

13) The circumstances are not unique to the property as the lot is similar to other commercial lots in the area and does not have any unique features;

14) The variance will maintain the essential character of the area as it will maintain the appearance of the building, which is similar to other structures in the area.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Detroit Lakes, Minnesota, that the variance is hereby denial for an addition of 24 x 24 foot with a 15 foot front yard setback and 6 parking spaces to Styles on Willow at 106 Willow Street West. Passed and adopted by the City Council of Detroit Lakes on the 13th day of March 2018. Approved this 13th day of March 2018. Matt Brenk, Mayor Glori French, City Clerk


IN THE MATTER OF APPROVING THE PRELIMINARY PLAT OF 915 VILLAGE LANE

LONG PINE ESTATES – 1st ADDITION

WHEREAS, the plat of 915 Village Lane is located in the City of Detroit Lakes;

WHEREAS, the Planning Commission recommends preliminary plat approval of 915 Village Lane subject to the following conditions:

1) That the owner provide any utility or Stormwater easements prior to the final platapproval.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Detroit Lakes, Minnesota, that the preliminary plat of 915 Village Lane is hereby approved subject to the above conditions.

Passed and adopted on the 13th day of March 2018.

Approved this 13th day of March 2018.

Matt Brenk, Mayor

Glori French, City Clerk

Exhibit 5D Return to Agenda


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

MOKE PROPERTIES 600 WASHINGTON AVENUE

FACTS

1) MOKE Properties is the owner of a parcel of land located at 600 Washington Avenue;


3) The owner has applied to the City for a Variance to allow zero parking spaces to converta car wash to an office building at 600 Washington Avenue;

4) The proposal would vary from zoning ordinance requirement by allowing a 780 squarefoot office and 3 parking spaces in the back;

5) Following a public hearing on the application, the Detroit Lakes Planning Commissionrecommended approval of the variance on February 22, 2018;

6) The City Council of the City of Detroit Lakes review the requested Variance at itsmeeting on March 13, 2018;

APPLICABLE LAW


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;

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;

9) The City Ordinance requires 7 parking spaces for an office building of 780 square feet;

Exhibit 5E Return to Agenda

CONCLUSION OF LAW

10) The variance is in harmony with the purpose and intent of the ordinance as it will allow an commercial use in an commercial district and will improve the building size to bring it more in line with the zoning ordinance requirements;

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

permitted in the current zoning district;

12) The variance will put the property to use in a reasonable manner as this is an existing structure that will be modified to bring it more into compliance with the parking requirements;

13) The circumstances are unique to the property as the existing 1176 square foot car wash will be converted into a 780 square foot office building with three parking spaces;

14) The variance will maintain the essential character of the locality as it will allow commercial use with some parking to serve its needs.

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 car wash to be converted into office space with three onsite parking spaces at 600 Washington Avenue subject to the following conditions:

1) That the building not exceed 800 square feet; 2) That at least 3 onsite parking spaces be provided.

Passed and adopted by the City Council of Detroit Lakes on the 13th day of March 2018. Approved this 13th day of March 2018. Matt Brenk, Mayor Glori French, City Clerk


IN THE MATTER OF ACCEPTING A DONATION OF LAND LOCATED AT 1055 15TH AVENUE SE

BY DETROIT LAKES DEVELOPMENT AUTHORITY

WHEREAS, The Detroit Lakes Development Authority is pleased to gift to the City of Detroit Lakes a parcel of land located at 1055 15th Avenue SE (Parcel #49.7010.010).

NOW, THEREFORE, BE IT RESOLVED That the City Council of the City of Detroit Lakes does hereby authorize the acceptance of the parcel of land located 1055 15th Avenue SE (Parcel #49.7010.010).



______________________________ Matt Brenk, Mayor

_________________________________ Glori French, City Clerk

Exhibit 5F Return to Agenda

Exhibit 5G Return to Agenda

Return to AgendaExhibit 5G

ORDINANCE NO. 424

AN ORDINANCE AMENDING SECTION 10 OF THE ZONING ORDINANCE OF THE CITY OF DETROIT LAKES RELATIVE TO PERMITTED USES AND

CONDITIONAL USES AND RENAMING THE “R-LB” DISTRICT

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

Section 1: Amendment

The Zoning Ordinance of the City of Detroit Lakes is hereby amended to revise Section 10 of the Zoning Ordinance.

A. Section 10 is deleted in entirety and replaced as follows:

Section 10. “LB” Lakefront Business District

Subd. 1. Purpose. The “LB” Lakefront Business District is intended to provide for the intermixing of lake-oriented business, public, and semi-public recreational opportunities and residential uses.

Subd. 2. Permitted Uses.

A. All uses allowed in the “R-M” District.

B. Public and private recreational opportunities; including community parks, bandshells, beaches, playing fields, pavilions, picnic shelters, refreshment stands, boat rentals, and planned amusement facilities.

C. Motels, hotels, resorts, or tourist cabins subject to setback, landscaping and screening, and off-street parking regulations of this ordinance. The architectural awareness of said uses shall be generally compatible with the building character of the area and not be so dissimilar as to cause impairment of property values or constitute a blighting influence within the neighborhood.

D. Tourist attractions including antique stores, souvenir shops, historical, social, natural and/or geological significant sites or museums.

E. Supportive commercial services, including restaurants, telephones, and public rest rooms not visible from the lakefront or causing undue traffic or congestion in the area of the lakeshore drive, convenience food restaurants, and stores.

Subd. 3. Permitted Accessory Uses. Within the “LB” Lakefront Business District, the following uses shall be permitted accessory uses:

Exhibit 5H Return to Agenda

A. Accessory uses customarily permitted incident to the uses permitted in

Subd. 2.

B. Off-street parking and loading as regulated in Section 3, Subd. 5 & 6.

C. Docks, commercial, semi-commercial, and private, as defined and regulated by the City Dock Ordinance.

Subd. 4. Conditional Uses. The following are conditional uses in an

“LB” Lakefront Business District: (Requires a conditional use permit based upon procedures set forth in and regulated by Section 20 of this ordinance).

A. All conditional uses, subject to the same conditions as allowed in an “R-

M” District.

B. Townhouses as defined by Section 2, of this ordinance, provided that the regulations and requirements of Section 20 are satisfactorily completed and met.

C. Day care-group nursery, provided that:

1. No overnight facilities are provided for the children served.

Children are delivered and removed daily.

2. The front yard depth shall be a minimum of 30 feet.

3. Adequate off-street parking and access is provided in compliance with Section 3, Subd. 5, of this ordinance.

4. Adequate off-street loading and service entrances are provided

in compliance with Section 3, Subd. 6, of this ordinance.

5. The site and related parking and service shall be served by an arterial or collector street of sufficient capacity to accommodate the traffic which will be generated.

6. All signing and informational or visual communication devices

shall be in compliance with the sign ordinance, Section 24.

7. The provisions of Section 22, Subd. 1(E), of this ordinance are considered and satisfactorily met.

8. The regulations and conditions of the Minnesota Department of

Public Welfare, Public Welfare Manual 11 3130 as adopted, amended and/or changed are satisfactorily met.

9. A written indication of preliminary, pending or final license

approval from the regulatory welfare agency is supplied to the City.

D. Group care facility, provided that:

1. All programs meet regulations and standards set by all appropriate

governing boards and agencies (state, federal, county, etc.).

2. All requirements of the state fire marshal, local and state health authorities are complied with.

3. All requirements of this zoning ordinance and building code are

complied with.

4. Parking areas containing five (5) or more spaces are screened and landscaped from abutting and surrounding residential uses in compliance with Section 3, Subd. 5, of this ordinance.

5. The grades and topography of the site shall not restrict use of yards

and open spaces.

6. The applicant can demonstrate the need for such a use based upon existing concentration of similar uses within the neighborhood and/or community.

7. The proposed facility is compatible with the character of the

surrounding neighborhood.

8. At least one (1) parking space for each resident plus one (1) for each staff person on maximum shift.

E. Boarding houses as defined in Section 2, provided that no more than four

(4) boarders shall be permitted to occupy one (1) principal building structure.

F. Bed and Breakfast establishments provided that: (Ordinance No. 57,

Adopted 2/5/1991)

1. The building be of residential design;

2. The owner of the bed and breakfast facility reside on the property;

3. The establishment have no more than five (5) rooms to rent;

4. The establishment have the required state license and must comply with state health and building code requirements;

5. The dining and other facilities shall not be open to the general

public, but shall be used exclusively by the registered guests and residents;

6. No cooking facilities be permitted in any guest room;

7. Two (2) off-street parking spaces be provided for the residential

use plus one (1) space for each guest room. The off-street parking shall be screened from adjacent residential property;

8. Guest stays shall be limited to not more than 30 consecutive days;

9. A minimum spacing of 350 feet be maintained between bed and

breakfast establishments;

10. Any on-premises advertising sign for the bed and breakfast shall be limited to one wall sign or one single or double faced free standing sign not more than four (4) square feet in area per sign face. The content of such sign shall be limited to identifying not more than the name and address of the facility. Signs shall not be illuminated; and

11. Any other conditions which the Council deems necessary in each

particular case must be complied with.

Subd. 5. Requirements. Except as otherwise provided within this Section 10, the following requirements shall be observed in a Lakefront Business District:

A. Maximum building height: Sixty (60) feet

B. Minimum lot area: 10,000 square feet

C. Minimum lot width: 100 feet

D. Minimum floor area:

1. One and two family dwelling units: Shall comply with the minimum floor area requirements of the “R-2” One and Two Family Residence District.

2. Multiple family dwellings: Shall comply with requirements of the “R-M” Multiple Family Residence District.

E. Yard setback requirements:

1. Front yard: 30 feet

2. Side yard: 20 feet

3. Rear yard: 30 feet

F. Minimum building width: 24 feet

G. Permanent foundations: All buildings shall be placed on a permanent foundation.

H. Roof Pitch. All one and two family residential structures shall have a

minimum roof pitch of 4 to 12 (“except that additions and remodeling are allowed to match the existing roof pitch)

Section 2: Effective Date This ordinance shall take effect upon passage and publication of the ordinance or summary in accordance with law and the City of Detroit Lakes Charter.

Passed and adopted this 10th day of April, 2018. Approved this 10th day of April, 2018.

Matt Brenk, Mayor Glori French, City Clerk First Reading: March 13, 2018 Second Reading: April 10, 2018

ORDINANCE NO. 425

AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF DETROIT LAKES RELATIVE TO PROCEDURES FOR PLANNED UNIT

DEVELOPMENT AND LAPSE OF VARIANCE OR CONDITIONAL USE PERMIT

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

Section 1: Amendment

The Zoning Ordinance to the City of Detroit Lakes is hereby amended to revise Section 21, Subdivision 8, Section 20 Subdivision 3B and Section 20, Subdivision 4D and 4F.

A. Section 21, Subdivision 8 is deleted in its entirety and replaced as follows:

Subd. 8. Lapse of Variance or Appeal. Whenever within one (1) year after granting a Variance or appeal, the work as permitted by the Variance or appeal, shall not have been started, then such variance or appeal shall become null and void, unless a petition for extension of time in which to start the work has been granted by the City Council. Such extension shall be requested in writing and filed with the zoning administrator at least thirty (30) days before the expiration of the original Variance or appeal. The application fee for an extension shall be set by resolution.

B. Section 20, Subdivision 3B is deleted in its entirety and replaced as follows:

B. Lapse of Conditional Use Permit by Non-Use. Whenever within one (1) year after granting a Conditional Use Permit, the work as permitted by the permit shall not have been started, then such permit shall become null and void unless a petition for extension of time in which to start the work has been granted by the City Council. Such extension shall be requested in writing and filed with the City Administration at least thirty (30) days before the expiration of the original conditional use permit. The request for extension shall state facts showing a good faith attempt to complete the work permitted in the Conditional Use Permit. Such petition shall be presented to the Planning Commission for a recommendation and to the City Council for a decision.

C. Section 20, Subdivision 4D Subdivision 4E, Subdivision 4F and Subdivision 4H are deleted in their entirety and replaced as follows:

D. Procedure for Planned Unit Developments. The unique character of a Planned Unit Development requires their administrative processing as conditional use permits. Planned Unit Developments are more complex and require the establishment herein of specific procedures different than those used to process other conditional uses. The procedure, standards, objectives and purpose set forth in this subdivision when in conflict with other provisions of this Ordinance, as they may pertain to Planned Unit Development, and only Planned Unit Developments, shall be superseding.

Exhibit 5I Return to Agenda

Step 1) Application Before the Planning Commission may review a Planned Unit Development, an application shall be submitted to the Community Development Director at least thirty (30) days prior to the Planning Commission meeting. The application shall be signed by the property owner and/or the developer and shall include the following items: Submission Requirements: 1) Application An application for a Planned Unit Development on forms supplied by the Community Development Director listing all shareholders, partners and mailing addresses; 2) Fee A fee, established by the City Council that is suitable to cover costs incurred by the City of review for the specific proposal. 3) Ownership A statement of present and proposed ownership of all land within the development. 4) Legal Description A legal description of the subject site including an address and location map. 5) Taxes Proof shall be furnished to indicate that there are no delinquent taxes constituting a lien on the whole or any part of the property. Such proof may take the form of paid tax bills to the date of submission of the Planned Unit Development Application, a statement from the title insurance company indicating that no liens affect the subject site, or a letter from the County Assessor Treasurer affirming that there are not delinquent taxes of the property. 6) Detailed Plan A drawing of the Planned Unit Development shall be prepared at a scale of not less than 1” = 50’ unless approved at another scale by the City and shall show such designations as proposed streets (public and private), all buildings and their use, common open space, recreation facilities, parking areas, service areas, and other facilities to indicate the character of the proposed development. The submission may be composed of one (1) or more sheets and drawings, and must include: a) Boundary lines and dimensions of the subject site b) Existing and proposed easements – general purpose and widths c) Streets on adjacent or proposed for the tract d) Utility extensions of water lines, sanitary sewers, and storm sewers e) Land use designations for the subject site f) Stormwater retention and detention areas g) Residential lots (average lot size and minimum lot size shall be specified) h) General location, purpose and height, in feet or stories, of each building

i) Map Data – Name of development, name of site planner, north point, scale, date of preparation j) Description and quantity of land uses k) Acreage of site l) Number of dwelling units proposed and anticipated population m) Area of industrial, commercial, institutional, recreational, and circulation land uses proposed n) Densities of residential areas o) Bedroom mixes p) Impervious surface calculations 7) Objective A statement indicating how the proposed Planned Unit Development corresponds to and complies with objectives for Planned Unit Developments as stated in this Section. 8) Schedule Development schedule indicating: a) Phases in which project will be built with emphasis on area, density, use, and public facilities such as open space to be developed with each stage. Overall design of each stage shall be shown on the Plat and through supporting graphic material. b) Approximate dates for beginning and completion of each phase c) If different land use types are to be included within the Planned Unit Development, the schedule must include the mix of uses anticipated to be built in each phase. 9) Environmental Information Data identifying existing natural and environmental site conditions including a) Topography A topographic map, underlying the concept plan, at a minimum of two (2) foot contour intervals. b) Flood Plain Information from the most current source indicating the location of extent of the regulatory flood plain. c) Soils Information from the most current US Department of Agriculture Soil Conservation Service Soils Catalog indicating the location and species of soils. If said information is not available, soil borings may be submitted. d) Location and extent of existing vegetation e) Wetland Delineation f) A depiction of existing surface drainage patterns and proposed retention and detention areas g) Shoreland delineations, shore impact delineations and bluff impact zones where appropriate 10) Utilities Statement indicating that sanitary sewer, storm sewer, and water are directly available to the site.

11) Traffic Information Information on the existing road network, and vehicle volumes, and the effect the proposed Planned Unit Development will have on the existing road network. 12) Land Use and Zoning Exhibit A graphic portrayal of existing land use and zoning patterns within a minimum 350’ of the proposed site. 13) Building Elevation Drawings and building elevations showing all building sides adjacent, or the closest sanitary sewer, storm sewer, and water main, as well as documentation of these facilities points of origin. 14) Property Owner’s Association Agreement A property owner’s association agreement (for residential PUD’s) with mandatory membership, and all in accordance with the requirements of Section 18 of this Ordinance. 15) Deed Restrictions Deed restrictions, covenants, permanent easements, or other instruments that: 1. Properly address future vegetative and topographic alterations, construction of additional buildings, beaching of watercraft, and construction of commercial buildings in residential PUD’s. 2. Ensure the long-term preservation and maintenance of open space in accordance with the criteria and analysis specified in Section 18 of this Ordinance 16) Community Benefit Statement A written statement comparing the relative benefits that will accrue to the community as a result of this site being developed under Planned Unit Development provisions as opposed to conventional zoning. Specific mention should be made of open space, natural features, and architectural design. The “Community Benefit Statement” which accompanies a detailed site plan, provides a developer the opportunity to define with particularity which his proposal merits approval and how it will serve the Community better than a conventional development. Step 2) Public Hearing The Community Development Director shall place the Planned Unit Development request on the next Planning Commission agenda for review and recommendation to the City Council. Following the public hearing, the Planning Commission shall submit its recommendation to the City Council for action. The Planning Commission shall, after the public hearing, set forth to the City Council, the reasons for its recommendation and said recommendation shall set forth with particularity what respects the proposal would be in the public interest, including but not limited to finding of fact on the following:

a) In what respects the proposed plan is consistent with the stated purpose of the Planned Unit Development regulations and with the objectives stated in Section 20, Subdivision 4B. b) The extent to which the proposed plan meets the conditions of the Planned Unit Development regulations as set forth in Section 20 herein. c) The extent to which the proposed plan departs from the zoning and subdivision regulations otherwise applicable to the subject property. Step 3) City Council Action The City Council shall approve or disapprove the proposed Planned Unit Development and state its reasons for approval or denial. The City Council may require such special conditions as it may deem necessary to ensure conformance with the objectives and standards established in this Article. It is emphasized that no building or construction, excluding public improvements, may take place within the proposed Planned Unit Development, and no permits may be issued, until the Final Plat, if required and accompanying data has been submitted, approved, and recorded. Prior to granting an Planned Unit Development, the Planning Commission may recommend, and the City Council may stipulate, such conditions and restrictions upon the establishment, location, design, layout, height, density, construction, maintenance, aesthetics, operation, best management practices and other elements of the Planned Unit Development as deemed necessary for the protection of the public interest improvement of the development protection of the adjacent area and to secure compliance with the conditions in Section 20. In some cases, a plat may be required for a Planned Unit Development in order to dedicate utility easements, ponds, or park space to the public. If a plat is required, normal platting procedures shall be followed except that a preliminary and final plat may be submitted at the same time. E. Revocation & Extension: A Planned Unit Development Conditional Use shall become null and void in any case where said Planned Unit Development has: 1) Received approval and where the Final Plat of said Planned Unit Development has not been submitted for approval within one (1) year after the date of approval of said Preliminary Plat; or 2) Received Final Plat approval and where the construction of said Planned Unit Development, as authorized by the issuance of a building permit, has not begun within (1) year after the date of approval of said Final Plat.

Section 2. Effective Dates This ordinance shall take effect upon passage and publication of the ordinance or summary in accordance with law and the City of Detroit Lakes Charter. Passed and adopted this 10th day of April, 2018. Approved this 10th day of April, 2018. Matt Brenk, Mayor Glori French, City Clerk First Reading: March 13, 2018 Second Reading: April 10, 2018

ORDINANCE NO. 418 AN ORDINANCE REGULATING IS ADOPTED PURSUANT TO THE

AUTHORIZATION AND POLICIES CONTAINED IN STORMWATER MANAGEMENT

The following is the official summary of Ordinance No. 418, which was passed by the City Council on March 13, 2018.

The City Council has determined by a 4/5ths vote that publication of the title and a summary of the ordinance will clearly inform the public of the intent and effect of the ordinance and hereby directs that only the title and summary be published. A printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk, 1025 Roosevelt Avenue, Detroit Lakes, Minnesota.

The ordinance regulating the Stormwater Management within the city contains the following provisions for Section 1007 General Provisions:

Section 1007.01 defines the Statutory Authorization.

Section 1007.02 contains the definitions for the Stormwater Management Ordinance.

Section 1007.03 establishes the findings for uncontrolled stormwater runoff and construction site erosion form land development and land disturbing activities.

Section 1007.04 defines the purposes of the Stormwater Ordinance.

Section 1007.05 defines Applicability of when a Land Disturbance Permit is required.

Section 1007.06 defines the exemptions for acquiring a Land Disturbance Permit.

Section 1007.07 defines the Industrial or Construction Activity Discharges.

Section 1007.08 describes the Land Disturbance Permit Application Process.

Section 1007.09 defines all applications for a Land Disturbance Permit are accompanied by an application fee as determined by ordinance of the City Council.

Section 1007.10 sets the duration of the Land Disturbance Permit.

Section 1007.11 establishes the conditions for compliance required for approval of application.

Section 1007.12 defines the criteria for the Stormwater Pollution Prevention Plan.

Section 1007.13 defines models; methodologies and computations.

Section 1007.14 defines applicant inspection and maintenance responsibilities.

Exhibit 5J Return to Agenda

Section 1007.15 defines the right of inspection by the city. Section 1007.16 defines city-owned stormwater facilities. Section 1007.17 defines the notification by the city for failure of erosion control measures. Section 1007.18 defines the terms of violation and enforcement. Section 1007.19 defines the right of entry and inspection for the city or contractor to enter upon the site in perpetuity. Section 1007.20 defines other controls or conflicts in managing the Stormwater Management Ordinance.

_______________________________________ Matt Brenk, Mayor

_______________________________ Glori French, City Clerk

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

Monthly Activity: 02/01/18‐02/28/18 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐

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. Rental inspection done 01/26/18. Did not have smoke detector in bedroom and dwelling part of the building is wrapped in plastic which is against the building code. It must be removed by March 31, 2018 for rental to be compliant.

------------------------------------------------------------------------------------------------------------------------------- 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 Set for Re-Inspection 07/31/18

------------------------------------------------------------------------------------------------------------------------------- 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

Exhibit 5K Return to Agenda

Page 2 of 2

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. Will give deadline of June 1, 2018 to have items removed or public hearing will be held.


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.


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. Status: Will send letter with spring deadline to clean up vacant lots Inspected: snow covering items. Will review in spring after thaw. ------------------------------------------------------------------------------------------------------------------------------- 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 Status: Inspected from the street and hard to say if chimney needs attention. The exterior of home is in poor condition. Will send letter for maintenance when weather permits.

------------------------------------------------------------------------------------------------------------------------------- INCIDENT #: 14755 ORIG. DATE: 2/28/2018 INCIDENT CODE: BLD- GARBAGE/JUNK

PROPERTY: 895 HWY 10 E Incident Notes: NOTICED THAT IN FRONT OF 1ST UNIT AT BUDGET HOST THERE IS A PILE OF MATERIALS AND STUFF. NOT SURE IF THEY ARE REMODELING OR NOT. SNOW KIND OF BLOCKED IT. PLEASE CHECK OUT. THANKS LINDA Status: Inspected. Appliances and junk piled in front of end unit. Photos taken, will send letter with April hearing notice if not removed by March 30, 2018.

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VARIANCE/CONDITIONAL USE PERMIT STATUS REPORT

March 13, 2018

B & W Properties of DL, LLC – 1048 West Lake Drive 6-13-17Request: 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;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 asuseable open space;

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

9. That a Property Owner’s Association documents requiring mandatory membership beapproved 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 6-13-17Request: 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.

Exhibit 5L Return to Agenda

Page 2 of 6

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

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

Page 3 of 6


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;

Boys and Girls Club of Detroit Lakes: 150 Richwood Road 12-12-17

Request: Request for a variance to build a 40 foot high building and a parking variance to allow 53 parking spaces to meet the parking requirement


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.

Ron Royer: 616 West Lake Drive 12-12-17 Request: Request for a variance to allow a twin home on 106 foot wide lot Status: The City Council hereby approves the requested variance, 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.

Hanson Properties of Long Bridge,: 2000 Long Bridge Road 12-12-17 Request: Request 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


Page 4 of 6

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

provide a second exit for the second story mezzanine area. 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.

Essentia Health/St. Mary’s : 1027 Washington 12-12-17 Request: Request for a Conditional Use Permit to allow a helipad as part of the medical

facilities campus Status: The City Council hereby approves the requested Conditional Use Permit, 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.

Stonebrook Apartments, LLP: 226 Stone Creek Drive 12-12-17 Request: Request for a Variance to allow planting of various trees and shrubs instead of a 6

foot high fence or hedge between the “R-4” District and the “R-2” District Status: The City Council hereby approves the requested variance, 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”

Tomlinson Schultz Partners, LLC: 839 South Shore Drive 1-9-18 Request: Request for a Conditional Use Permit to allow a Planned Unit Development of 15

Twin Homes (30 Units Total)

Page 5 of 6

Status: The City Council hereby approved the requested Conditional Use Permit, subject to the following conditions:

1. That the project not exceed 15 Twin Homes or 30 units total; 2. That the property be platted to show the proposed lot layout and provide for dedication of

utility easements; 3. 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; 4. That the Developer obtain any permits required from the Pelican River Watershed

District or the Minnesota Pollution Control Agency; 5. That the owner provide a development schedule for the project; 6. That the property owner association documents or deed restrictions provide that 50% of

the land area preserved as open space of 20% of the land area be preserved as useable open space as required by the Shoreland Ordinance;

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

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

9. That all buildings be setback at least 25 feet from the private drive; 10. That the private drive be not less than a 22 foot wide paved surface and off-street parking

is constructed as shown on the site plan; 11. That the project be constructed generally as shown on the approved site plan accept as

noted in condition #14; 12. That connection to City sewer and water is required; 13. That the impervious surface coverage in the Shoreland District not exceed 25%; 14. All units must not exceed a height of 25 feet; 15. No other accessory structures shall be added to the property that are in addition to the

approved site plan.

Justin Scallon: 412 South Shore Drive 1-9-18 Request: Request for a Variance to allow a 37 ½ foot setback for the ordinary high water

mark a 12 feet 6 inch setback from the road right of way and 34% impervious surface coverage to allow construction of a home on a substandard lot

Status: The City Council hereby approved the requested Variance, subject to the following conditions:

1. That the project be constructed as shown on the approved site plan. 2. That the property not exceed 31% 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 maintain the existing ice ridge.

Sanford Health - 1219 Washington Avenue Amended 02-2018

Request: To amend a Variance to allow 22 additional parking spaces to be provided on or before November 1, 2019

Status: Applicant will complete parking spaces by November 1, 2019

Page 6 of 6

LAND DISTURBANCE PERMITS

Land Disturbance Permit 2014-02 Golden Bay Shores Land Disturbance Permit 2016-01 Antler Ridge: County Highway 22 Solmon Tract Land Disturbance Permit 2017-01 Long Lake Business Center Land Disturbance Permit 2017-02 Becker County Jail Land Disturbance Permit 2017-04 Mid-Minnesota Federal Credit Union: 1405 Hwy 10 West Land Disturbance Permit 2017-05 Airport: Airport Rd 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

Type of Permit Quantity Value Quantity Value Quantity Value Quantity Value

Single Family (New) 1 $145,000 2 $545,000 0 $0 1 $180,000

Multi-Family Residential (New) 0 0 0 $0 0 $0 0 $0

Commercial Buildings (New) 0 0 0 $0 1 $410,894 0 $0

Residential Remodel & Repair 9 $373,500 16 $604,976 13 $446,575 11 $189,918

Commercial Remodel & Repair 5 $210,138 6 $230,138 9 $309,918 5 $238,127

Residential Garages (New) 0 0 0 $0 0 $0 0 $0

Shed 0 0 0 $0 0 $0 0 $0

Other Permits - Fence, Sign, 2 $136,680 2 $136,680 4 $8,845 7 $11,250

TOTAL BUILDING PERMITS 17 $865,318 26 $1,516,794 27 $1,176,232 24 $619,295

BUILDING REPORTMarch 13, 2018, Council Report

Jan-Feb 2017 Jan-Feb 2016Jan-Feb 2018Feb-17

Exhibit 5MReturn to Agenda

RFP Architectural Services - Public Works Facility Proposal Tabulation March 2018

Rating Scale 1-5 BKVGroup EAPC Foss um, Inc. MBA Meyer Group

Oertel Widseth Architecture Architects Smith Nolting

----------------- ----------------- ----------------- ----------------- ----------------- ----------------- ----------------- -----------------Minneapolis Fargo Fargo Duluth Fargo Duluth St. Paul Alexandria

Technical qualiications of the firm and any sub consultants

Technical experience with project of similar size and nature

Ability to complete the project in a timely fashion by providinginformation on key staff for various phases of the project

Experience in providing administration services

Proposed cost per hour for architectural services (Part A)

References

Total Points Earned

Notes/Comments

YHR Partners

-----------------Moorhead

Exhibit 6AReturn to Agenda



IN THE MATTER OF APPROVING THE GRANT APPLICATION MADE TO THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES FOR THE LOCAL TRAIL

CONNECTION PROGRAM

WHEREAS, the City of Detroit Lakes supports the grant application made to the Minnesota Department of Natural Resources for the Local Trail Connections Program. The application is to construct 0.5 miles of paved trail for the Detroit Lakes Recreational Trail System. The trail is located on West Lake Drive from County Road 6 to the Pelican River.

WHEREAS, the City of Detroit Lakes recognizes that it has secured $77,500 in non-state cash matching funds for this project. Note: a 25% local match is required.

NOW, THEREFORE, BE IT RESOLVED, if the City of Detroit Lakes is awarded a grant by the Minnesota Department of Natural Resources, the City of Detroit Lakes agrees to accept the grant award, and may enter into an agreement with the State of Minnesota for the above referenced project. The City of Detroit Lakes will comply with all applicable laws, environmental requirements and regulations as stated in the grant agreement, and

BE IT FURTHER RESOLVED that the applicant has read the Conflict of Interest Policy contained in the Local Trail Connections Grant Manual and certifies it will report any actual, potential, perceived, or organizational conflicts of interest upon discovery to the state related to the application or grant award.

BE IT FURTHER RESOLVED, the City Council of the City of Detroit Lakes names the fiscal agent for the City of Detroit Lakes for this project as:

Pamela Slifka Finance Officer City of Detroit Lakes 1025 Roosevelt Avenue PO Box 647 Detroit Lakes, MN 56502

BE IT FURTHER RESOLVED, THE City of Detroit Lakes hereby assures the Detroit Lakes Recreational Trail will be maintained for a period of no less than 20 years.

Passed and adopted by the City Council of the City of Detroit Lakes this 13th day of March 2018.

Approved this 13th day of March 2018.

Matt Brenk, Mayor

Glori French, City Clerk


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TEMPORARY GROUND LEASE

This Lease Agreement (hereafter "Lease") is made effective as of March 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 in the City of Detroit Lakes known as Lyle CrovisierPark and legally described on Exhibit A attached hereto (hereinafter called the "RealProperty" or the “Park”).

4. Tenant desires to make leasehold improvements to the Real Property in the nature ofrecreational improvements to the Park to be utilized by Tenant and the public in order tofulfill 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

2. TERM. This lease shall be for a maximum of eighteen (18) months, commencing on March 1,2018 and continuing until the completion of the site improvements or August 31, 2019, whichever occurs last.

3. RENT. Tenant agrees to pay Landlord for the Term hereof the total sum of $1.00 and othergood 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.


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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 construction purposes related to the improvement by Tenant of an adjacent portion of the Park to be used by Tenant for the 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 and for improvement by Tenant of the portion of the Park subject to this Temporary Ground Lease to be utilized by Tenant and the public for park purposes. As part of that process, tenant will utilize the premises for site improvements, tree removal, grading, utility, landscaping, sidewalk and parking lot improvements as well as installation of various recreational amenities. Tenant shall, at Tenant’s sole expense forthwith, but in any case no longer than three (3) months after the effective date of this lease commence site work and construction work on the improvements. Tenant shall diligently prosecute construction and shall complete construction within eighteen (18) months of commencement. 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. 6. OWNERSHIP OF IMPROVEMENTS. The Real Property and the portion of the Real Property located within the Premises upon which the improvements contemplated by this lease are constructed and installed and all of the improvements installed upon that Premises shall at the inception of site work and at all times thereafter be the property of the Landlord free and clear of all mechanics liens, material suppliers and other liens and encumbrances and may not be removed or encumbered by Tenant. Tenant shall indemnify Landlord and defend Landlord and the Premises from any and all liens and claims. 7. 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. 8. 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. 9. 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.

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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

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 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”;

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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 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. 10. 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

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financially harmless from consequences of any violation of such laws, ordinances, or regulations. 11. 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 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. 12. SUCCESSORS. This Lease shall extend to and bind the respective successors, and assigns of the parties. 13. 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. 14. 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. 15. 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. 16. 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. 17. HOLDING OVER. In the event Tenant remains in possession of the premises after the Term

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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. 18. 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. 19. NON DISCRIMINATION. During the performance of this Agreement Tenant, its subcontractors and lessees shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, and 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. 20. 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. 21. 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. IN WITNESS OF THEIR AGREEMENT, the parties have executed this Agreement to be effective March 1, 2018. LANDLORD TENANT ____________________________ ____________________________ By: Matthew Brenk By: Its: MAYOR Its: ____________________________ ____________________________ By: Kelcey Klemm By: Its: CITY ADMINISTRATOR Its:

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STATE OF MINNESOTA ) ):ss COUNTY OF BECKER ) The foregoing was acknowledged before me this ____ day of __________, 2018 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 __________, 2018 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.

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EXHIBIT B

Temporary Lease Premises

City of Detroit Lakes – 5.1 acre temporary construction lease to the Boys and Girls Club That part of the Southeast Quarter of the Northeast Quarter and that part of the Northeast Quarter of the Southeast Quarter in Section 27, Township 139 North, Range 41 West of the Fifth Principal Meridian in Becker County, Minnesota and that part of Auditor’s Lot 76 of that certain Auditor’s Plat recorded in Book B of Plats, page 62, in the office of the Recorder in said County, all described as follows:

Commencing at an iron monument which designates the southeast corner of said Southeast Quarter of the Northeast Quarter; thence North 01 degree 21 minutes 49 seconds West 170.90 feet on an assumed bearing along the east line of said Southeast Quarter of the Northeast Quarter to the northeast corner of that certain tract of land described in Torrens Document No. 08794, on file and of record in the office of the Registrar of Titles in said County, said point is the point of beginning of said temporary construction lease; thence continuing North 01 degree 21 minutes 49 seconds West 49.63 feet along the east line of said Northeast Quarter of the Southeast Quarter; thence South 89 degrees 00 minutes 19 seconds West 183.00 feet to an iron monument; thence North 01 degree 21 minutes 49 seconds West 100.00 feet; thence South 89 degrees 00 minutes 19 seconds West 440.00 feet; thence North 01 degree 21 minutes 49 seconds East 200.00 feet; thence South 89 degrees 00 minutes 19 seconds West 111.34 feet; thence South 02 degrees 56 minutes 44 seconds East 520.37 feet to a point on the north line of said Northeast Quarter of the Southeast Quarter which is 720.00 feet westerly of the northeast corner of said Northeast Quarter of the Southeast Quarter as measured along the north line of said Northeast Quarter of the Southeast Quarter; thence South 00 degrees 35 minutes 25 seconds East 171.3 feet, more or less, parallel with the east line of said Northeast Quarter of the Southeast Quarter to the southerly line of said Auditor’s Lot 76; thence easterly135 feet, more or less, along the southerly line of said Auditors Lot 76 to the northwesterly right of way line of Trunk Highway No. 34; thence northeasterly 276 feet, more or less, along the northwesterly right of way line of said Trunk Highway No. 34 to the intersection with a line which is 350.00 feet westerly of as measured at a right angle to and is parallel with the east line of said Northeast Quarter of the Southeast Quarter; thence North 00 degrees 35 minutes 25 seconds West 29 feet, more or less, parallel with the east line of said Northeast Quarter of the Southeast Quarter to the north line of said Northeast Quarter of the Southeast Quarter; thence North 01 degree 21 minutes 49 seconds West 170 feet, more or less, along the westerly line of said land described in Torrens Document No. 08794 to the northwesterly corner of said land described in Torrens Document No. 08794; thence North 88 degrees 58 minutes 16 seconds East 350.00 feet along the northerly line of said land described in Torrens Document No. 08794 to the point of beginning. The above described lease contains 5.1 acres.

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Subject: FW: Request for extention of date for funds for Pickleball courts

Brad and Kelsey.

Our fundraising efforts are going great for our new pickleball courts. As you know, we did not begin to ask corporations, foundations or other entities for a contribution until we had raised over $35,000 from just the players. We are now in the process of asking for those larger amounts. Currently we have over $80,000 in pledges with about $18,000 in cash. We are confident we can meet our goal, but not sure we can do that by March 1. For that reason, we are asking the City to give us an extension until 5/1/2018. We would like a date approved and a resolution by the City for us to target, as that helps us keep on track and gives our fundraising urgency.

Please let us know as quickly as possible if this will work.

Sincerely,

Mitch Wimmer Fundraising Chair for the Detroit Lakes Pickleball project.

Here's something to think about –

PRINCIPLES TO LIVE BY Show up on Time.

Do What You Say You’re going to Do.

Finish What You Start.

Take Responsibility for All Your Actions. Say Please & Thank you.

Exhibit 6GReturn to Agenda

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Subject: FW: Idea of Naming rights for courts

Brad and Kelsey.

We are proposing that for our pickleball project, if a corporation, family or other entity or group would give $20,000 for our project, they would be given naming rights for one of the ten courts. We are thinking a permanent plaque of some type by or on each court that would make it easy to identify. We think playing on the “BTD” court for example or “Peoples” court for all the small donations would be nice and it would be more subtle than the banners on the baseball outfield fence. We understand that the city would have to approve any name and may have criteria for this right. We feel this will incent people to give and leave a very public record of this public/private effort for all to see. If you have any thoughts for a name for the court complex, let us know. Prior to telling people we can do this, we would like your approval.

Please let us know if we are able to do this, so we can suggest this to our donors.

Mitch Wimmer Fundraising Chair for the Detroit Lakes Pickleball project.

Here's something to think about –

PRINCIPLES TO LIVE BY Show up on Time.

Do What You Say You’re going to Do.

Finish What You Start.

Take Responsibility for All Your Actions. Say Please & Thank you.

Exhibit 6H Return to Agenda

Exhibit 6I Return to Agenda

Exhibit 6J Return to Agenda

By: Jon Pratt

Date: March 2018

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 West Lake Drive (Legion Rd to CSAH 6) -

Reconstruction and Multi-Use Trail:

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. Joint BSWR grant

submitted by PRWD/City was not successful. Plan to reapply in

2018.

4 Long Lake Annexation - Phase 4A Design is 99% complete. Project will be advertised and begin

bidding this week. Bid opening scheduled for Early April. Will

consider award of a bid at April CCM.

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.

5 Randolph Road - Street Improvements Preliminary design is underway. Have started discussions with

MnDOT and BNSF. Plan to complete design in summer/fall of

2018 to allow for winter 2019 bid letting. Working with County on

grant application for multi-use trail connection from CSAH 54 to

TH 10 box culvert. May potentially construct trail with project

(pending funding).

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). .

6 Highland Estates - Street and Utility Improvements Sewer and water service can be provided to first phase of

development by existing infrastructure on Randolph Road.

Remaining sewer, water, and street (Lemmon Road) will be

deferred until 2019, and possible constructed with Randolph Road

project. Developer will relocated Lemmon Road prior to condo

construction.

Developer initiated project located near the intersection of

Highland Drive and Lemmon Road. Project includes a PUD with

multi-family condo unit.

7 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. Met with County on 12/12 to discuss

possibility of a more comprehensive improvement (street

reconstruction, drainage, multi-use trail). PER will be completed

later this spring that will evaluate both improvement options.

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.

8 Lake Forest 7th Addition - Street & Utility

Improvements

Design is complete and advertisement for bid has been issued.

Bid opening scheduled for early April. Will consider award of a

bid at April CCM.

Developer initiated project for the final phase of the subdivision.

Would like to construct improvements in the summer of 2018.

City Engineer - Project Status Report

City of Detroit Lakes

Page 1 of 2

Exhibit 6KReturn to Agenda

By: Jon Pratt

Date: March 2018

No. Project Status Remarks/Comments

City Engineer - Project Status Report

City of Detroit Lakes

9 Co. Road 131 - Sanitary Sewer and Watermain

Extension.

Council has authorized design of the improvements. Met with

Becker County to discuss a single cooperative project for the

utility and road improvements. City will be lead agency on

project. Working on a cooperative agreement with County. Final

plans will be presented to council in April (tentatively) for

approval and authorization to bid.

Property owner (Foltz Trucking) has requested annexation and

extension of sewer/water. Project will also include County

improvements to Co. Road 131 and paving of Hillcrest/Stony Roads

(cooperative project). Tentative construction in summer late

summer 2018.

10 Broadlawn Estates - Street & Utility Improvements Design of improvements was authorized by council pending sign

annexation petition of all adjacent properties. Design is currently

on hold. Not all properties have yet signed the petition.

Majority of property owners have petitioned for annexation and

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

Rd. 131 improvements.

11 Randolph Road - Sanitary Sewer & Lift Station

Abandonment

Design is in progress and will be completed within the next

month. Bids will be presented to council for consideration at May

CCM.

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.

12 Twin home Development (Tomlinson/Schultz) -

Sanitary Sewer and Watermain improvements

Design is substantially complete. Developer will be soliciting

quotes/bids for work. City is currently preparing a development

agreement with developer. Construction will likely begin this

spring.

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 5

Number of Cats taken to Marshmallow Foundation 7

Total Number of Animals 12

Number of Boarding Nights 46

0

7

City Fines Collected 5 175.00$

4 68.00$

City of Detroit Lakes Public Works

Animal Control Report - February 2018

City Licenses Purchased ($17 ea)

Number of Dogs Boarded (0 Euthanized)

Number of Cats Boarded (0 Euthanized)

Exhibit 6L Return to Agenda

ORDINANCE NO. 422

AN ORDINANCE AMENDING SECTION 1001A.06 DOCK LICENSE APPLICATION OF CITY CODE 1001A CITY BEACH

THE CITY COUNCIL OF THE CITY OF DETROIT LAKES, ORDAINS:

City Code Section 1001A.06 - Dock License Application, Subd. 4. - Liability Insurance Required, Item A is amended as follows:

A. During the entire Dock License term, the Licensee shall keep in full force and effect at Licensee's own expense, a policy of public liability and property damage insurance with respect to the Licensed Dock in which the limits of public liability for bodily injury, death, and property damage, shall be not less than the maximum liability insurance established by Minnesota Statutes 466.04, Subd. 1. The insurance policy shall name the City and any additional person, firms or entities designated by it, as additional insured, and shall contain a clause providing that the insurer will not cancel or change the insurance without first giving the City at least thirty (30) days prior written notice. The insurance shall be issued by a responsible company qualified to do business in Minnesota, approved by the City, and a copy of the policy or a certificate of insurance shall be delivered to the City.

This ordinance shall take effect upon passage and publication of the ordinance or summary in accordance with law and the City of Detroit Lakes Charter.



_______________________ Matt Brenk, Mayor

_________________________ Glori French, City Clerk

Exhibit 7B

First Reading: February 13, 2018 Second Reading: March 13, 2018

Return to Agenda

ORDINANCE NO. 423

AN ORDINANCE AMENDING SECTION 702.12 TEMPORARY EXPANSION PERMIT FOR SIDEWALK CAFE OF CITY CODE 702 LIQUOR AND WINE LICENSING

THE CITY COUNCIL OF THE CITY OF DETROIT LAKES, ORDAINS:

City Code Section 702.12 – Temporary Expansion Permit for Sidewalk Café, Subd. 9, Item B is amended as follows:

B. general public liability and property damage insurance with respect to the Expanded Premises in which the limits of public liability, shall be not less than the maximum liability insurance established by Minnesota Statutes 466.04, Subd. 1. The insurance policy shall name the City and any additional person, firms or entities designated by it, as additional insureds, and shall contain a clause providing that the insurer will not cancel or change the insurance without first giving the City at least 10 days prior written notice. The insurance shall be issued by a responsible company qualified to do business in Minnesota, approved by the City, and a copy of the policy or a certificate of insurance shall be delivered to and approved by the City Administrator before the Permit is effective.

This ordinance shall take effect upon passage and publication of the ordinance or summary in accordance with law and the City of Detroit Lakes Charter.



_______________________ Matt Brenk, Mayor

_________________________ Glori French, City Clerk

First Reading: February 13, 2018 Second Reading: March 13, 2018


3-02-2018 03:41 PM

FI'!!D AC@UNTS ACCOUIIT NAME

CITT OF DEIIOIT T,ATES

POOLED CESH REPORT (TruND 999}

AS OF: FEBRIIARY 28111, 2018

BEGII{NING

BAIAIICE

CI'RREIIT

ACTI\rITT

CI'RRENT

BAI,AiTCB

PAGE: 1

(PROIIECTED)

CITAIM ON CASH

102 -10100

104-10100

204-10100

205-10100

206 -10100

207-10100

208 -10100

209 -10100

210 -10100

211 -10100

212 -10100

213-10100

214-10100

215-10100

304-10100

305-10100

306 -10100

307- 10100

415-10100

415 -10100

417-10100

418 -10100

419-10100

420 -10100

421 -10100

422 -10100

423-10100

424-10100

42s-10100

426 -10100

427-10100

428 -LO100

429-10100

430 -10100

431-10100

432 -10100

433 -10100

43{-10100

435 -10100

436 -10100

43?-10100

438-t 0100

439- 10100

440 - 10X00

441-10100

442 -10100

443 -10100

501 -10100

502-10100

CASH.GEilERAL FT'IID

CASH.SCIIOOL LLAISON OFFICER

CASH.FIRE DEPT

CASH.IJIBRARY FI'ITD

CASH-AIRPORT FI'IID

CASH-DEVETOPUENT AUniORITT

CASH-IODGING TAJ(

CASH-STOR!,! IIATER

CASH-EQUTPMEIIT FU!|D

CASH.PERT DEDICATION FI'IID

CASH-PERMANEIIT IMPROVEMEIIT FI'N

CASH.F@D & BEVERAGE TN(

CASH.SPORTS ARENA

CASH.BOTID E!{ERTIENCY FUND

CESH-2016 CAPITAL PROJEETS

CAAH-2015 CAPITAI, PRO'IECTS

CASH-MISCELLA}IEOUS CIIIIE,IBI,ITIO

CAAH-201? CAPITAL PROiIECTS

CASH-oZAB/HOLMES DEBT SERVTCE

CASH-TIF S28.1 (T'NION CENTRAL)

ctsH-TIF S1?-1 (MMCDC)

CISH-8IRE IIALL DEBT SERVICE

CASH-TIF *34-1 (DI. HOIEL PART)

cAsH-TrF S33-1 (qr, rNC)

CASH-TIF *8-2 1sW11ryt51

CASH.TIF *20-1 (IJNION SQUARE}

cAsH-TrF *23-1 (AC6/HARn!ANS)

CASH.TIF S18-1 (CONSOLIDATED}

CASH-TIF *24.1 (IODGE I,IK DBI)

CAAH-TIF *8.15 (PELICA}I RI'R)

CASH-IIF *35.1 (MCKIIILET PI]ZA)

cAsH-TrF *25-1 (CHA!,IBER)

CASH.TIF *8.3 (GRAYSTOIIE)

CASH.TIF S16.1 (MODERN BUS}

CASH-TIF S8.8 (IONG BRIDGE}

CASH-TIF *8-9 (RTCHnOOD)

cAsH-TrF *8-10 0rARIlrA CONDO)

CASH.TIF *36.1 (ABSOLT'TE ICE)

CASH.TIF *21.1 (GROI'ER LIIID)

CASH.TIF *2?.1(PLSIIT ACRES II)CASH-TIF *8-4 (ST. !,tARIrS)

CASH-TrF $8-s ftfOyrASSEr)

CESH-TIF S32.1 (N.PORT WEI,D)

CASH-TIF *30-1 (mW!tTOn![ XING)

CASH-TIF *8-13 (INH MEADOTSI

CASH.TIF *8.14 (INH PLSNT AC)

CASH.TIF *26-1 (L.BRIDGE HSTS)

cAaH-2o 10 / 11 AASESSMENTS

CASH.DSTIOIT T.ARE DR

2,548,536.16 (

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141,483 .89

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158,62?.18

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196,890.271 (

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53 , 100 .55

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116, 502 .8?

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1s8, 734 .30

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46,286,57

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3-02-2018 03:41 PM

FUND ACCICI'NTS ACCOT'IIT IIA!'IB

CITT OF DIIROXT T.A(ES

POOLED CISH REPORT (FT'I!D 999}

A8 OF: FEBRUARY 28TlI, 2018

BECIIIINIITG

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PAGE: 2

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503-10100 cAsH-2008/09 ASSESSUENTS

s04 - 10100 cAsH- 1996/9? ASSESIiUEIIrS

505-10100 cAsH-2015 DEBT SERVTCE EUIID

506-10100 cAsH-2016 ASSESSMEIITS

s0?-10100 cAsH-2013 AasEsS!{ErFs

508 - 10100 eraH-2002 AssEssuEl{Ts

509-10100 CASH-2003 ASSESS!,!EI{T8

510-10100 cAsH-2005 AASESSME!{TS

511-10100 CSSH-2006 ASSESSUB{TS

s12-10100 cAsH-2012 tssEssr,rErfrs

513 - 10 100 CASH-2007 ASSESSMEIITS

514-10100 CIAH-201? ASSBSSUENTS

519-1O1OO CASH-1989 DEBT REDEMFTION

600-10100 cAsH-IRusT FUND/RmTREES

599-10100 elaH-rRP

?OO - 1O1OO CASH.I.AKESNEf,

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CASH llt BAIIK . POOLED CASH

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SI,BTOTAL CASH IN BANK - POOLED CTAH

WEOES PATABI,E

999-20999 WAOES PAYABLE

SI'BTOTAL SIAGES PAIABI,E

TOTAL CASH IN BAN'K . POOL.ED CASH

DT'E TO ONTER . POOLED CASH

999-2011t" DtE rO On{ER FINDS

T TA! DUE TO OTHER, FUIIDS

L2,716,729.2s ( 1?9,369.81) 12,55?,3s9.44

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60, 963 . 18

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166, ?5? . s8

68,722.32

88,232.6L

59, 116 . 90

226,163.69

1,409 . ?4)

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28, 596 .39)

160, 823 .36

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30s, 619 .09

40L,126.75

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2L9,285.32

1, 514, 681 .44

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24,068 .291

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L2,7!6,729.2s ( 1?9,369.81) 12,s5?,359.44

RESOLUTION NO. 2018

IN THE MATTER OF APPROVING THE MASTER SUBSCRIBER AGREEMENT FOR MINNESOTA COURT DATA SERVICES FOR

GOVERNMENTAL AGENCIES FOR THE DETROIT LAKES POLICE DEPARMENT

WHEREAS, the State of Minnesota Office of Court Administration has a websites for Governmental Agencies to access court information

NOW, THEREFORE, BE IT RESOLVED By the Council of the City of Detroit Lakes, Minnesota, by passage of this resolution approves the Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies for the Detroit Lakes Police Department

BE IT FURTHER RESOLVED That the Mayor and City Administrator are hereby authorized, on behalf of the City and the Detroit Lakes Police Department, to execute the Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies.



________________________ Matt Brenk, Mayor

____________________________ Glori French, City Clerk

Exhibit 8BReturn to Agenda

MASTER SIIBSCRIBER AGREEMENTF'OR MINNESOTA COURT DATA SERVICES

FOR GOVERNMENTAL AGENCIES

THIS AGREEMENT is entered into by and between

(Government Subscriber Name)

of(Government Subscriber Address)

(hereinafter "Government Subscribey'r) and THE STATE OF MINNESOTA

Office of State Court Administration

of 25 Rev. Dr. Martin Luther King Jr. Blvd. St. Paul, Minnesota 55155

(hereinafter "the Court").

Recitals

The Court offers Court Data Services, as defined herein, to Minnesota GovemmentSubscribers as authorized by the Rules of Public Access and Court Order. The Court Data Servicesare offered to Government Subscribers as governmental units and are offered solely for certaingovernmental use as permitted herein. Government Subscriber desires to use Court Data Services,and the Court desires to provide the same, to assist Govemment Subscriber in the efficientperformance of its governmental duties as required or authorized by law or court rule in connectionwith any civil, criminal, administrative, or arbitral proceeding in any Federal, State or local court oragency or before any self-regulatory body.

Court Data Services are defined in the Definitions section of this Agreement and mayinvolve a one-way or two-way transmission of information between the parties, some of which mayinclude court information that is not accessible to the public pursuant to the Rules of Public Accessand which may not be disclosed by Government Subscriber without the prior approval of theappropriate court or record custodian. Government Subscriber agrees herein to limit its access toand use of Court Records and Court Documents through Court Data Services to the GovernmentSubscriber's "Legitimate Govemmental Business Need" as defined herein.

Asreement

NOW, THEREFORE, in consideration of the mutual covenants, promises and agreementscontained herein, the Court and Government Subscriber agree as follows:

l. TERM; TERMINATION; ONGOING OBLIGATIONS.

l.l Term. This Agreement shall be effective on the date executed by the Court andshall remain in effect according to its terms.

Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies - Revised September 29,2015Page 1 of 14

Exhibit 8BReturn to Agenda

Termination.1.2.1 Either party may terminate this Agreement with or without cause by givingwritten notice to the other party. The effective date of the termination shall be thirty(30) days after the other party's receipt of the notice of termination, unless a laterdate is specified in the notice. Termination of this Agreement pursuant to Clause 4.5shall be effective immediately and may occur without prior notice to GovemmentSubscriber.

l.2.2The provisions of Clauses 5,6,8,9, 10, 12.2, 12.3 and 15 through 24 shallsurvive any termination of this Agreement, as shall any other provisions that by theirnature are intended or expected to survive such termination. Upon termination, theGovernment Subscriber shall perform the responsibilities set forth in paragraph 8.6hereof.

1.3 Subsequent Agreement. This Agreement may be superseded by a subsequentagreement between the parties.

2. DEFIMTIONS.

2.1 "Agency Account Manager'means the Government Subscriber employee assignedwith the tasks of, (l) being the point of contact for communications betweenGovemment Subscriber and the Court; (2) maintaining a current list GovernmentSubscriber's Individual Users and their signed User Acknowledgment Forms andpromptly noti$ing the Court when Government Subscriber's Individual Users withindividual logins should have accounts added or deleted; (3) reporting violations ofthis agreement by Government Subscriber's Individual Users and steps taken toremedy violations to the Court.

*Court Data Services" means one or more of the following services and includesany additional or modified services identified as such on the Justice AgencyResource webpage of the Minnesota Judicial Branch website, which is currentlywww.mncourts.gov, or other location designated by the Court and/or its affrliates, as

the same may be amended from time to time by the Court and/or its affiliates:

2.2.1 "Bulk Data Delivery" means the electronic sansmission of Court Records inbulk form from the Court to the Government Subscriber, from one or more ofthe Court's databases and through any means of transmission, as described inapplicable Policies & Notices and materials referenced therein.

2.2.2 "Court Integration Services" means pre-defrned automated transmissions ofi) Court Records from the Court's computer systems to GovemmentSubscriber's computer systems; and/or ii) Government Subscriber Recordsfrom the Government Subscriber's computer systems to the Courtos computersystems; on a periodic basis or as riggered by pre-determined events, asdescribed in applicable Policies & Notices and materials referenced therein.

2.2.3 *MNCIS Login Accounts" means a digital login account created for andprovided to the Govemment Subscriber for online access to and use of CourtRecords and Court Documents maintained by the Minnesota Court

2.2

Master Subscriber Agreement for Minnesota Court Data Services for Govemmental Agencies - Revised September 29,2015Page 2 of 14

1.2

Information System ("MNCIS"), as described in applicable Policies &Notices and materials referenced therein.

2.3 "Court Data Services Databases" means any databases and the data therein, usedas a source for Court Data Services, together with any documentation related thereto,including without limitation descriptions of the format or contents of dat4 dataschemas, and all related components.

2.4 "Court Data Seruices Programs' means any computer application programs,routines, hansport mechanisms, and display screens used in connection with CourtData Services, together with any documentation related thereto.

2.5 "Court Records" means all information in any form made available by the Courtand/or its aftiliates to Govemment Subscriber for the purposes of carrying out thisAgreement, including:

2.5.1 gCourt Case Information'means any information in the Court Records that

conveys information about a particular case or controversy, including withoutlimitation Court Confidential Case Information and Court Documents, asdefined herein.

2.5.2 "Court Confidential Case Information' means any information in theCourt Records (including Court Documents) that is inaccessible to the publicpursuant to the Rules of Public Access and that conveys information about aparticular case or controversy.

2,5.3 "Court Confidential Security and Activation Information" means anyinformation in the Court Records that is inaccessible to the public pursuant tothe Rules of Public Access and that explains how to use or gain access toCourt Data Services, including but not limited to login account names,passwords, TCP/IP addresses, Court Data Services user manuals, Court DataServices Programs, Court Data Services Databases, and other technicalinformation.

2.5.4 3'Court Confidential Information' means any information in the CourtRecords that is inaccessible to the public pursuant to the Rules of PublicAccess, including without limitation both i) Court Confrdential Caselnformation; and ii) Court Confidential Security and Activation Information.

2.5.5 "Court Documents" means electronic images of documents that are part ofor included in a court file.

2.6 "DCA'' means the District Court Adminishator pursuant to Minnesota Statutes,section 485.01.

2.7 "Government Subscriber Records' means any information in any form madeavailable by the Government Subscriber to the Court and/or its affrliates for thepurposes of carrying out this Agreement.

2.E *Government Subscriber's Individual Users" means Government Subscriber'semployees or independent contractors whose use or access of Court Data Services,

Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies - Revised September 29,2O1SPage 3 of 14

as well as the access, use and dissemination of Court Records (including CourtDocuments), is necessary to effectuate the purposes of this Agreement.

2.9 "Legitimate Governmental Business Need" means a requirement, duty orobligation for the effrcient performance of governmental tasks or governmentalresponsibilities and as required or authorized by law or court rule in connection withany civil, criminal, administrative, or arbitral proceeding in any Federal, State orlocal court or agency or before any self-regulatory body.

2.10 "Policies & Notices" means the policies and notices published by the Court and/orits affiliates in connection with each of its Court Data Services, on a website or otherlocation designated by the Court and/or is affrliates, as the same may be amendedfrom time to time by the Court and/or its affiliates. Policies & Notices for eachCourt Data Service, hereby made part of this Agreement by reference, provideadditional terms and conditions that govern Government Subscriber's use of suchserices, including but not limited to provisions on fees, access and use limitations,and identification of various third party applications, such as transport mechanisms,that Govemment Subscriber may need to procure separately to use Court DataServices.

2.ll "Rules of Public Access" means the Rules of Public Access to Records of theJudicial Branch promulgated by the Minnesota Supreme Court, as the same may beamended from time to time, including without limitation lists or tables publishedfrom time to time by the Court and/or the SCAO entitled "Limits on Public Accessto Case Records" or "Limits on Public Access to Administrative Records," all ofwhich by this reference are made a part of this Agreement. It is the obligation ofGovernment Subscriber to check from time to time for updated rules, lists, and tablesand be familiar with the contents thereof. Such rules, lists, and tables are posted onthe main website for the Court, for which the current address is www.mncourts.gov.

2.12 "SCAO" means the State of Minnesotq State Court Adminishator's Offrce.

2.13 "This Agreement" means this Master Subscriber Agreement for Minnesota CourtData Services for Governmental Agencies, including all Exhibits, Policies &Notices, and other documents referenced, attached to, or submitted or issuedhereunder.

2.14 [Trade Secret Information of SCAO and its licensors'r is defined in sections 8.1,8.2 and 8.4 of this Agreement.

2.15 'User Acknowledgement Form' means the form signed by GovernmentSubscriber's Individual Users to confirm in writing that the Individual User has read

and understands the requirements and restrictions in this Agreement (Exhibit A).

3. DATA ACCESS SERVICES PROVIDED TO GO\MRI\IMET{T AGENCY. FoIIOwingexecution of this Agreement by both parties, Government Subscriber will be offered access

to the Court Records (including Court Documents) described in the Government SubscriberAccess Chart, which is posted on the Policies & Notices.

Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies - Revised September 29, 2015Page 4 of 14

4, AUTHORTZED ACCESS, USE, AND DISSEIIINATION OF COURT DATASERVICES AND COURT RECORDS LIMITED; TRAIITING; VIOLATIONS;SAIICTIONS.

4.1 Authorized Access to Court Data Services and Court Records.

4.1.1 Government Subscriber and Government Subscriber's Individual Users shallaccess only the Court Data Services and Court Records (including CourtDocuments) necessary for a Legitimate Governmental Business Need.

4,1,2 The access of Court Data Services or Court Records (including CourtDocuments) by Government Subscriber or Government Subscriber'sIndividual Users for personal or non-offrcial use, or any use that is not a"Legitimate Governmental Business Need" as defined herein, is prohibited.

4.1.3 Govemment Subscriber and Govemment Subscriber's Individual Users shallnot access or attempt to access Court Data Services or Court Records(including Court Documents) in any manner not set forttr in this Agreemen!Policies & Notices, or other Court Data Services documentation.

4.2 Authorized Use of Court Data Services and Court Records.

4.2.r Govemment Subscriber and Govemment Subscriber's Individual Users shalluse the Court Data Services and Court Records (including Court Documents)accessed only for a Legitimate Govemmental Business Need and accordingto the instructions provided in corresponding Policies & Notices or othermaterials.

4.2.2 The use of Court Data Services or Court Records (including CourtDocuments) by Government Subscriber or Government Subscriber'sIndividual Users for personal or non-official use, or any use that is not a"Legitimate Govemmental Business Needoo as defined herein, is prohibited.

4.2.3 Government Subscriber and Government Subscriber's Individual Users shallnot use or attempt to use Court Data Services or Court Records (includingCourt Documents) in any manner not set forth in this Agreement, Policies &Notices, or other Court Data Services documentation.

Dissemination of Court Records. Government Subscriber and GovernmentSubscriber's Individual Users shall not share the Court Records (including CourtDocuments) accessed and data therefrom with third parties and other individualsother than as needed to further a Legitimate Govemmental Business Need.

Training. Government Subscriber shall provide Government Subscriber'sIndividual Users training in the proper access, use, and dissemination of CourtRecords (including Court Documents).

Violations.

4.5.1 The access, use, or dissemination of Court Data Services or Court Records(including Court Documents) beyond what is necessary for a Legitimate


4.3

4.4

4.5

Governmental Business Need by Govemment Subscriber or GovemmentSubscriber's Individual Users is a violation of this Agreement. The access,use or dissemination of Court Data Services or Court Records (includingCourt Documents) by Government Subscriber or Govemment Subscriber'sIndividual Users for personal use is a violation of this Agreement.

4.5.2 Any violation pursuant to Clause 4.5.1, or any unauthorized or attemptedaccess, use or dissemination of Court Data Services, Court Records or CourtDocuments by Government Subscriber or Government Subscriber'sIndividual Users shall be grounds for the Court to impose sanctions asdescribed in Clause 4.6 and to terminate this Agreement without prior noticeto Government Subscriber and/or Government Subscriber's tndividual Users.

4.6 Sanctions.

4.6.1 Sanctions for a violation pursuant to Clause 4.5.1 may be imposed upon a

Government Subscriber and/or Govemment Subscriber's Individual Usersand may include the suspension of access or termination of access forGovemment Subscriber and/or Govemment Subscriber's Individual Users.

4.6.2 If the Court decides to terminate the access for Government Subscriber and/orGovemment Subscriber's lndividual Users, the Court shall notifr the affectedparty in writing. The termination shall be effective immediately. Priornotice to Government Subscriber and/or Government Subscriber's IndividualUsers is not required. Reinstatement of the access shall only be upon thewritten direction of the Court.

5. GUARANTEES OF COMIDENTIALITY. Govemment Subscriber agrees:

5.1 To not disclose Court Confidential Information to any third party except wherenecessary to carry out the Govemment Subscriber's Legitimate GovernmentalBusiness Need as defined in this Agreement.

To take all appropriate action, whether by instuction, agreement, or othenvise, toinsure the protection, confidentiality and security of Court Confidential lnformationand to satis$ Government Subscriber's obligations under this Agreement.

To limit the use of and access to Court Confidential Information to GovernmentSubscriber's Individual Users. Government Subscriber shall advise GovernmentSubscriber's Individual Users of the restrictions upon access, use and disclosurecontained in this Agreemen! requiring each Government Subscriber's IndividualUser to acknowledge in writing that the individual has read and understands suchrestrictions. Government Subscriber's Individual Users shall sign the UserAcknowledgment Form (Exhibit A) before accessing Court Data Services.

5.4 That, without limiting Clause I of this Agreement the obligations of GovemmentSubscriber and Government Subscriber's lndividual Users with respect to theconfidentiality and security of Court Confidential Information shall survive thetermination of this Agreement and the termination of their relationship withGovernment Subscriber.


5.2

5.3

t.t That, notwithstanding any federal or state law applicable to the nondisclosureobligations of Government Subscriber and Government Subscriber's IndividualUsers under this Agreement, such obligations of Government Subscriber andGovemment Subscriber's lndividual Users are founded independently on theprovisions of this Agreement.

5.6 That, a violation of Government Subscriber's agreements contained in this Clause 5,or a violation of those same agreements by Government Subscriber's tndividualUsers, shall be grounds for the Court to terminate this agreement and GovernmentSubscriber and/or Government Subscriber's lndividual Users access to Court DataServices and Court Records (including Court Documents).

APPLICABILITY TO COURT CASE INFORMATION PROVIDED UNDERLEGAL MANDATE AND PREVIOUSLY DISCLOSED COURT RECORDS ANI)COURT DOCUMENTS. Subscriber acknowledges and agrees:

6.1 Court Case Information Provided Under Legal Mandate. When the Court isrequired to provide Government Subscriber with Coun Case lnformation under alegal mandate and the provision of such data by the Court is not optional orotherwise left to the discretion of the Court, for example in the case of a statestatutory reporting requirement, the provisions of this Agreement that govern orrestrict Government Subscriber's access to and use of Court Case Information do notapply to the specific data elements identifred in the legal mandate, but remain ineffect with respect to all other Court Case lnformation provided by the Court toGovernment Subscriber. All other provisions of this Agreement remain in fulleffect, including, without limitation, provisions that govem or restict GovernmentSubscriber's access to and use of Court Confidential Security and ActivationInformation.

6.2 Previously Disclosed Court Records and Court Documents. Without limitingsection 6.1, all Court Records and Court Documents disclosed to GovemmentSubscriber prior to the effective date of this Agreement shall be subject to theprovisions of this Agreement.

ACKNOWLEDGMENT BY INDTVIDUALS WITH ACCESS TO COURTRECORDS UNDER TIIIS AGREEMENT.

7.1 Requirement to Advise Government Subscriber's Individual Users. To affectthe purposes of this Agreement, Government Subscriber shall advise each ofGovemment Subscriber's Individual Users who are permitted to use and/or accessCourt Data Services and Court Records (including Court Documents) under thisAgreement of the requirements and restrictions in this Agreement.

7.2 Req uired Acknowledgement by Govern ment S ubscriber's Individual Usens.

7.2.1 Government Subscriber shall require each of Govemment Subscriber'sIndividual Users to sign the User Acknowledgement Form @xhibit A).

7,2.2 The User Acknowledgement Forms of current Govemment Subscriber'sIndividual Users must be obtained prior to submitting this Agreement to the

Master Subscriber Agreement for Minnesota Court Data Services for Governmentrl Agencies - Revised September 29,2015Page 7 of 14

6.

7

Court for approval and shall accompany the submission of this Agreementfor approval.

7.2.3 Until the User Acknowledgement Form required in Clause 7.2.1is signed, a

Govemment Subscriberos Individual User is prohibited from accessing, usingor disseminating Court Data Services and Court Records (including CourtDocuments). The access, use or dissemination of Court Data Services orCourt Records (including Court Documents) by a Government Subscriber'sIndividual User that has not completed a User Acknowledgement Form asrequired in Clause 7.2.1 is a violation of this Agreement.

7,2.4 Government Subscriber shall keep all such written User AcknowledgmentForms on file while this Agreement is in effect and for one (l) year followingthe termination of this Agreement. Government Subscriber shall promptlyprovide the Court with access to, and copies oi such acknowledgementsupon request to the Agency Account Manager.

7.2.5 The User Acknowledgment Forms are incorporated herein by reference.

LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the term of thisAgreement, subject to the terms and conditions hereof, the Court, with the permission of theSCAO, hereby grants to Government Subscriber a nonexclusive, nontransferable, limitedlicense to use Court Data Services Programs and Court Data Services Databases to access orreceive Court Records (including Court Documents). SCAO and the Court resewe the rightto make modifications to the Court Data Services, Court Data Services Programs, and CourtData Services Databases, and related materials without notice to Government Subscriber.These modifications shall be treated in all respects as their previous counterparts.

8.1 Court Data Services Programs. SCAO is the copyright owner and licensor of theCourt Data Services Programs. The combination of ideas, procedures, processes,systems, logic, coherence and methods of operation embodied within the Court DataServices Programs, and all information contained in documentation pertaining to theCourt Data Services Programs, including but not limited to manuals, userdocumentation, and passwords, are trade secret information of SCAO and itslicensors.

8.2 Court Data Service Databases. SCAO is the copyright owner and licensor of theCourt Data Services Databases and of all copyrightable aspects and componentsthereof. All specifrcations and information pertaining to the Court Data ServicesDatabases and their structure, sequence and organization, including withoutlimitation data schemas such as the Court XML Schema, are trade secret informationof SCAO and its licensors.

83 Marks. Government Subscriber shall neither have nor claim any right, title, orinterest in or use of any trademark used in connection with Court Data Services,including but not limited to the marks "MNCIS'and "Odyssey."

8.4 Restrictions on Duplication, Disclosure, and Use.

8.4.1 Trade secret information of SCAO and its licensors will be heated byGovernment Subscriber in the same manner as Court Confidential

Master Subscriber Agreement for Minnesota Court Data Sarvices for Govemmental Agencies - Revised September 29,2015Page 8 of 14

8.

8.5

lnformation. In addition, Govemment Subscriber will not copy any part ofthe Court Data Services Programs or Court Data Services Databases, orreverse engineer or otherwise attempt to discern the source code of the CourtData Services Programs or Court Data Services Databases, or use anytrademark of SCAO or its licensors, in any way or for any purpose notspecifically and expressly authorized by this Agreement. As used herein,"trade secret information of SCAO and its licensors" means any informationpossessed by SCAO which derives independent economic value from notbeing generally known to, and not being readily ascertainable by propermeans by, other persons who can obtain economic value from its disclosureor l$e. "Trade secret information of SCAO and its licensors" does not,however, include information which was known to Government Subscriberprior to Government Subscriber's receipt thereof, either directly or indirectly,from SCAO or its licensors, information which is independently developedby Government Subscriber without reference to or use of informationreceived from SCAO or its licensors, or information which would not qualifyas a tade secret under Minnesota law.

8.4.2 It will not be a violation of Clause 8.4 for Government Subscriber to make upto one (l) copy of training materials and configuration documentation foreach individual authorized to access, use, or configure Court Data Services,solely for its own use in connection with this Agreement.

8.4.3 Govemment Subscriber will take all steps reasonably necessary to protect thecopyright, trade secre! and trademark rights of SCAO and its licensors andGovernment Subscriber will advise Government Subscriber's IndividualUsers who are permitted access to any of the Court Data Services Programsand Court Data Services Databases, and trade secret information of SCAOand its licensors, of the restrictions upon duplication, disclosure and use

contained in this Agreement.

Proprietary Notices. Government Subscriber will not remove any copynght orproprietary notices included in and/or on the Court Data Services Programs or CourtData Services Databases, related documentation, or trade secret information ofSCAO and its licensors, or any part thereof, made available by SCAO or the Court,and Government Subscriber will include in and/or on any copy of the Court DataServices Programs or Court Data Services Databases, or trade secret information ofSCAO and its licensors and any documents pertaining thereto, the same copyrightand other proprietary notices as appear on the copies made available to GovernmentSubscriber by SCAO or the Court, except that copyright notices shall be updated andother proprietary notices added as may be appropriate.

Title; Return. The Court Data Services Programs and Court Data ServicesDatabases, and related documentation, including but not limited to training andconfrguration material, if any, and logon account information and passwords, madeavailable by the Court and SCAO to Govemment Subscriber hereunder, and allcopies, including partial copies, thereof are and remain the property of the respectivelicensor. Within ten days of the effective date of termination of this Agreement,Government Subscriber shall either: (i) uninstall and retum any and all copies of theapplicable Court Data Services Programs and Court Data Services Databases, andrelated documentation, including but not limited to training and configuration

8.6


9.

materials, if any, and logon account information; or (2) destroy the same and certifyin writing to the Court that the same have been destroyed.

8.7 Reasonable Security Measures. The Court may add reasonable security measuresincluding, but not limited to, a time-out feature, to Court Data Services Programs.

INJITNCTM RELIEF; LIABILITY. Government Subscriber acknowledges that theCouG SCAO, SCAO's licensors, and DCA will be ineparably harmed if GovemmentSubscriber's obligations under this Agreement are not specifically enforced and that theCourt, SCAO, SCAO's licensors, and DCA would not have an adequate remedy at law inthe event of an actual or threatened violation by Govemment Subscriber of its obligations.Therefore, Govemment Subscriber agrees that the Court, SCAO, SCAO's licensors, andDCA shall be entitled to an injunction or any appropriate decree of specific performance forany actual or threatened violations or breaches by Govemment Subscriber or GovernmentSubscriber's tndividual Users without the necessity of the Court, SCAO, SCAO's licensors,or DCA showing actual damages or that monetary damages would not afford an adequateremedy. Unless Govemment Subscriber is an offrce, officer, agency, department, division,or bureau of the state of Minnesota, Government Subscriber shall be liable to the Court,SCAO, SCAO's licensors, and DCA for reasonable attorney's fees incurred by the Court,SCAO, SCAO's licensors, and DCA in obtaining any relief pursuant to this Agreement.

COMPROIIISE LIABILITY. Government Subscriber and the Court agree that, except asotherwise expressly provided herein, each party will be responsible for its own acts and theresults thereof to the extent authorized by law and shall not be responsible for the acts of anyothers and the results thereof. Liability shall be governed by applicable law. Withoutlimiting the foregoing, liability of the Court and any Government Subscriber that is anoffice, offrcer, agency, departmeng division, or bureau of the state of Minnesota shall begoverned by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, section3.3?6, and other applicable law. Without limiting the foregoing, if Government Subscriberis a political subdivision of the state of Minnesota, liability of the Subscriber shall begoverned by the provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) orother applicable law.

AVAILABILITY. Specific terms of availability shall be established by the Court and setforth in the Polices & Notices. The Court reserves the right to terminate this Agreementimmediately and/or temporarily suspend Government Subscriber's approved Court DataServices in the event the capacity of any host computer system or legislative appropriationof funds is determined solely by the Court to be insuffrcient to meet the computer needs ofthe courts served by the host computer system. Monthly fees, if any, shall be prorated onlyfor periods of suspension or upon termination of this Agreement.

ADDITIONAL USER OBLIGATIONS. The obligations of the Government Subscriberset forth in this section are in addition to the other obligations of the Government Subscriberset forth elsewhere in this Agreement.

12.1 Judicial Policy StatemenL Government Subscriber agrees to comply with allpolicies identified in applicable Policies & Notices. Upon failure of the GovernmentSubscriber to comply with such policies, the Court shall have the option ofimmediately suspending or terminating the Government Subscriber's Court DataServices on a temporary basis and/or immediately terminating this Agreement.

10.

lt.

12.

Master Subscriber Agieement for Minnesota Court Data Services for Governmental Agencies - Revised September 29,2015Page 10 of 14

12.2 Access and Use; Log.

Govemment Subscriber shall be responsible for all access to and use of CourtData Services and Court Records (including Court Documents) byGovernment Subscriber's Individual Users or by means of GovernmentSubscriber's equipment or passwords, whether or not Govemment Subscriberhas knowledge of or authorizes such access and use.

Government Subscriber shall also maintain a log identiSing all persons towhom Government Subscriber has disclosed its Court Confidential Securityand Activation Information, such as user ID(s) and password(s), includingthe date of such disclosure. Government Subscriber shall maintain such logswhile this Agreement is in effect and for a period of one (l) year followingtermination of this Agreement. Government Subscriber shall promptlyprovide the Court with access to, and copies oi such logs upon request.

Government Subscriber, through the Agency Account Manager, shallpromptly notify the Court when Government Subscriber's lndividual Userswith individual logins should have accounts added or deleted. UponGovemment Subscriber's failure to notifr the Court of these changes, theCourt may terminate this Agreement without prior notice to GovernmentSubscriber.

t2.2.1

t2.2.2

12.2.3

13.

12.2.4 The Court may conduct audits of Government Subscriber's logs and use ofCourt Data Services and Court Records (including Court Documents) fromtime to time. Upon Government Subscriber's failure to maintain such logs,to maintain accurate logs, or to promptly provide access by the Court to suchlogs, the Court may tenninate this Agreement without prior notice toGovemment Subscriber.

12.3 Perconnel. Government Subscriber agrees to investigate (including conductingaudits), at the request of the Courq allegations of misconduct pertaining toGovemment Subscriber's Individual Users having access to or use of Court DataServices, Court Confidential Information, or trade secret information of the SCAOand its licensors where such persons violate the provisions of this Agreement,Policies & Notices, Judicial Branch policies, or other security requirements or lawsregulating access to the Court Records. Government Subscriber, through the AgencyAccount Manager, agrees to notiry the Court of the results of such investigation,including any disciplinary actions, and of steps taken to prevent further misconduct.Govemment Subscriber agrees to reimburse the Court for costs to the Court for theinvestigation of improper use of Court Data Services, Court Records (includingCourt Documents), or trade secret information of the SCAO and is licensors.

FEES AI\[D INVOICES. Applicable monthly fees commence ten (10) days after notice ofthe Court's approval of this Agreement or upon the initial Government Subscribertransaction as defined in the Policies & Notices, whichever occurs earlier. When fees apply,the State shall invoice Government Subscriber on a monthly basis for charges incurred inthe preceding month and applicable taxes, if any, and payment of all amounts shall be dueupon receipt of invoice. If all amounts are not paid within thirty (30) days of the date of theinvoice, the Court may immediately cancel this Agreement without notice to GovernmentSubscriber and pursue all available legal remedies. Government Subscriber certifies that


14.

15.

16.

17.

r8.

l5.r

funds have been appropriated for the payment of charges under this Agreement for thecunent fiscal year, if applicable.

MODIFICATION OF FEES. SCAO may modiff the fees by amending the Policies &Notices as provided herein, and the modified fees shall be effective on the date specified inthe Policies & Notices, which shall not be less ttran thirty (30) days from the publication ofthe Policies & Notices. Govemment Subscriber shall have the option of accepting such

changes or terminating this Agreement as provided in section I hereof,

WARRANTY DISCLAIMERS.

WARRANTY EXCLUSIONS. EXCEPT AS SPECTFICALLY ANDEXPRESSLY PROVIDED TIEREIN, COURT, SCAO, SCAO'S LICENSORS,AND DCA MAKE NO REPRESENTATIONS OR WARRANTTES OF ANYK[ND, INCLUDING BUT NOT LMITED TO TI{E WARRANTIES OF FITNESSFOR A PARTICULAR PT.JRPOSE OR MERCHANTABILITY, NOR ARE ANYWARRANTIES TO BE IMPLIED, WITI{ RESPECT TO THE TNFORMATION,SERVICES OR COMPUTER PROGRAMS MADE AVAILABLE T.JNDER THISAGREEMENT.

15.2 ACCIIRACY, COMPLETENESS AtlD AVAILABILmY OF'INFORMATION. WITHOUT LIMITTNG THE GENERALITY OF THEPRECEDING PARAGRAPH, COURT, SCAO, SCAO'S LICENSORS, AND DCAMAKE NO WARRANTIES AS TO TI{E ACCI.'RACY OR COMPLETENESS OFTTIE INFORMATION CONTAINED IN TT{E COURT RECORDS. THE COI'RTIS NOT LIABLE FOR ANY COI.JRT RECORDS OR COURT DOCI.JMENTSNOT AVAILABLE THROUGH COI'RT DATA SERVICES DUE TOCOMPUTER OR NETWORK MALFI.JNCTION, MISTAKE OR USER ERROR.

RELATIONSHIP OF TIIE PARTIES. Govemment Subscriber is an independentcontractor and shall not be deemed for any purpose to be an employee, partter, agent orfranchisee of the Court, SCAO, SCAO'S licensors, or DCA. Neither GovernmentSubscriber nor the Court, SCAO, SCAO'S licensors, or DCA shall have the right nor theauthority to assumeo create or incur any liability or obligation of any kind, express orimplied, against or in the name of or on behalf of the other.

NOTICE. Except as provided in Clause 2 regarding notices of or modifications to CourtData Services and Policies & Notices, and in Clauses 13 and 14 regarding notices of ormodification of fees, any notice to Court or Government Subscriber hereunder shall be

deemed to have been received when personally delivered in writing or seventy-two (72)hours after it has been deposited in the United States mail, first class, proper postageprepaid, addressed to the party to whom it is intended at the address set forth on page one ofthis Agreement or at such other address of which notice has been given in accordanceherewith.

NON-WAMR The failure by either Party at any time to enforce any of the provisions ofthis Agreement or any right or remedy available hereunder or at law or in equity, or toexercise any option herein provided, shall not constitute a waiver of such provision, remedyor option or in any way affect the validity of this Agreement. The waiver of any default byeither Party shall not be deemed a continuing waiver, but shall apply solely to the instance towhich such waiver is directed.

Master Subscriber Agreament for Minnesota Court Data Services for Govemmental Agencies - Revised September 29,2015Page 12 of 14

19.

20.

FORCE MA"trEIIRE. Neitherperformance of their respectivereasonable control.

party shall be responsible for failure or delay in theobligations hereunder caused by acts beyond their

22.

23.

21.

24.

25.

SE\ERABILITY. Every provision of this Agreement shall be construed, to the extentpossible, so as to be valid and enforceable. If any provision of this Agreement so construedis held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable,such provision shall be deemed severed from this Agreemen! and all other provisions shallremain in full force and effect.

ASSIGNMENT AND BINDING EFFECT. Except as othenrise expressly permittedherein, neither Party may assign, delegate and/or othenvise transfer this Agreement or anyof its rights or obligations hereunder without the prior written consent of the other. ThisAgreement shall be binding upon and inure to the benefit of the Parties hereto and theirrespective successors and assigns, including any corporation or other legal entity into, by orwith which Government Subscriber may be merged, acquired or consolidated or which maypurchase the entire assets of Government Subscriber.

GOVERNING LAW. This Agreement shall in all respects be governed by and interpreted,construed and enforced in accordance with the laws of the United States and of the Sate ofMinnesota.

VENUE AI\ID JURISDICTION. Any action arising out of or relating to this Agreement,its performance, enforcement or breach will be venued in a state or federal court situatedwithin the State of Minnesota. Govemment Subscriber hereby irrevocably consents andsubmits itself to the personal jurisdiction of said courts for that purpose.

INTEGRATION. This Agreement sets forth the entire Agreement and understandingbetween the Parties regarding the subject matter hereof and supersedes any priorrepresentations, statements, proposals, negotiations, discussions, understandings, oragreements regarding the same subject matter. Except as othenrise expressly provided inClause 2 regarding Court Data Services and Policies & Notices, and in Clausei 13 and 14regarding fees, any amendments or modifications to this Agreement shall be in writingsigned by both Parties.

MINNESOTA DATA PRACTICES ACT APPLICABILITY. If Government Subscriberis a Minnesota Government entity that is subject to the Minnesota Government DataPractices Act, Minn. Stat. Ch. 13, Govemment Subscriber acknowledges and agrees that (l)the Court is not subject to Minn. Sat. Ch. 13 (see section 13.90) but is subject to the Rulesof Public Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn.Stat. section 13.03, subdivision 4(e) requires that Government Subscriber comply with theRules of Public Access and other rules promulgated by the Minnesota Supreme Court foraccess to Court Records provided under this Agreement; (3) the use of and access to CourtRecords may be restricted by rules promulgated by the Minnesota Supreme Courtoapplicable state statute or federal law; and (4) these applicable restrictions must be followedin the appropriate circumstances.

Master Subscriber Agreement for Minnesota Court Data Services for Govemmental Agencies - Revised September 29, 201SPage 13 of 14

IN WITNESS WHEREOF, the Parties have, by their duly authorized offrcers, executed thisAgreement, intending to be bound thereby.

I GOVERNMENT SUBSCRIBERGovemment Subscriber must attachdocumented verification of authorityto sign on behalf of and bind theentity ('Master SubscriberAgreement Signing Authority"),such as a council resolution, boardauthority or legally binding decisionmaker, and attach same as Exhibit B.

(STGNATLTRE)

2. TTIE CO[.'RT

ByBy(STGNATURE)

Name (Uped)

Title

Date

Offrce

Title ClO/Director

Date

Offrce

Information TechnologyDivision of State CourtAdministration

Form and execution approvedfor Court by:

By:

Title:

(STGNATLJRE)

StaffAttorney - Legal Counsel Division

Date


3.

User Acknowledgment Form

The Agency identified below that I work for has contracted with the Offrce of State Court Administration (the"Court") for the access and use of the Court's Records and Documents. Under that conhact, the Agency isrequired to have employees, student attorneys and contractors sign the written acknowledgment below beforethey are permitted access.

[, , as an employee/student attorney/contactor

("the Agency''), state the

following:

of

l. I have read and understand the requirements and restrictions in the Master Subscriber Agreement forMinnesota Court Data Services for Governmental Agencies between the Agency and the Court.

2. I understand that I am not to share my login and password information.

3. I shall access and use the Court Records and Court Documents provided for only "legitimategovernmental business needs." I understand a "legitimate govenrmental business need" is limited to a

requirement, duty or obligation for the effrcient performance of governmental tasks or governmentalresponsibilities that is required or authorized by law oi court rule in connection with any civil, criminal,administrative, or arbitral proceeding in any Federal, State or local court or agency or before any self-regulatory body.

4. I shall not access or use Court Records or Court Docu-ments for personal or non-official use or any use

that is not a legitimate govemmental business need as defined in paragraph 3, above.

5. I will not share Court Records or Court Documents with third parties other than as needed to furtherlegitimate govemmental business needs as defined in paragraph 3, above.

6. I understand that the Court is not liable for any Court Records or Court Documents not available due tocomputer or network malfunction, mistake or user eror. The Court makes no warranties as to thecompleteness or accuracy of the C9.yrt Records and Court Documents provided.

7, I agree to notl$ the Court when I no longer work for the Agency or no longer have a legitimategovernmental business need for Court Records and Court Documents. I agree to stop accessing court recordsand documents when this occurs.

8. I understand that should I violate paragraphs 3.,4., or 5., it would result in the suspension or terminationof my access to Court Records and Documents, and may result in the suspension or termination of the access toCourt Records and Documents by the Agency, and other civil and criminal liability.

Date: By:Employee/Student Attorney/Contractor for Agency

Master Subscriber Agreement for Minnesota Court Data Services for Govemmental Agencies - Revised September 29, 2015Exhibit A


Start Date: 01/29/2018Payment Terms: Net 30

Delivery Method: Fedex - Ground

Primary Contact:Wayne [email protected]

Protect Life.

QUOTE: Q-152121-43157.724KK

Axon Enterprise, Inc.Protect Life.17800 N 85th St.Scottsdale , Arizona , 85255United StatesPhone: (800) 978-2737

BILL TO:Detroit Lakes Police Dept. - MN106 E. HOLMES ST.Detroit Lakes, MN 56501US

SHIP TO:Wayne StriebelDetroit Lakes Police Dept. - MN106 E. HOLMES ST.Detroit Lakes, MN 56501US

Item Description Quantity Net Unit Price Total (USD)Hardware

22012TPPM, BATTERY PACK, TACTICAL, PINKY EXTENDER,X2/X26P

8 62.00 496.00

11003 HANDLE, YELLOW, CLASS III, X26P 6 1,022.00 6,132.0011501 HOLSTER, BLACKHAWK, RIGHT, X26P 5 61.00 305.0011504 HOLSTER, BLACKHAWK, LEFT, X26P 1 61.00 61.00

Subtotal 6,994.00

Taxes 0.00

Total 6,994.00

Grand Total 6,994.00

Issue Date: 02/26/2018

Quote Expiration: 02/28/2018

Q-152121-43157.724KK1

Sales Representative:Kevin KnudsenPhone: 480-905-2061Email: [email protected]: 480-378-6269

Account Number: 110182


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To: Mayor Matt Brenk

From: Chief Steve Todd

RE: Monthly Report

Date: February 28, 2018

The police department has three items on the agenda this month:

First, our department needs a resolution and signature for the MN Government Data website

for purposes of accessing court information. This is a no cost enrollment which will be required

as court administration will soon cease sending out data that is available on the MGA website.

Our department members will also use the website to research court dates, status of charges,

status of cases for evidence retention considerations and others.

The next item is regarding purchase of 2 (two) 2018 Ford Interceptor Utility squad cars. Our

office has obtained quotes from Ford dealerships in Detroit Lakes (Webber) and Fergus Falls

(Nelson). The lower quote was from Nelson Auto Center at $27,805. Webber Ford quoted

$28,972. My recommendation is to purchase the 2 squad cars from Nelson Auto Center. The

dealer quotes are attached.

The squad cars being replaced will be a 2013 Ford Interceptor Sedan and a 2014 Ford

Interceptor Utility. We have found ingress and egress is difficult for most officers. The driver’s

seat is set back behind the “B” pillar and the officer must slide around it to get in or out. With

duty belts on, this causes issues. Storage and carrying capacity is completely inadequate in the

sedans. In fact, currently the sedan users are forced to transport the new armor and helmet

totes in the rear seat where prisoners are transported, this causes me concern for multiple

reasons. Our intention is to transition the entire fleet of patrol vehicles to the sport utility style.

Once the new squad cars are in service I will have receiver hitches installed locally for transport

of bicycles, both for bike patrol and for abandoned bicycles.


The police department will adhere to the equipment budget allotted for the replacement of

these two squad cars. We would like to replace the in car video camera of one of the cars as it

is operating on a DVD burning platform and the rest of the fleet has transitioned to a solid state

USB drive data storage system. We will pay that approximately $5,000 for a new camera using

the remaining 2018 equipment budget remnants and forfeiture funds.

Finally, the police department is in year 2 of a 3 year project updating our Tasers. Our older

Tasers have some malfunctioning issues due to age and use, they have surpassed their

recommended service life and must be updated. It is critical to provide our officers options for

intermediate uses of force and Tasers meet that requirement. Our 2018 equipment budget has

allotted funding for this update and the quote for 6 replacement Tasers and accessories comes

in below the budgeted amount. My recommendation is for council approval of the purchase of

the Tasers and accessories listed in the attached quote.

Other non‐agenda items from the past month include the following:

Rifle lights are installed on each of our AR 15’s now. A generous couple familiar with the

department asked if they could quietly donate to get the last rifle equipped. We appreciate

concerned members of our community helping out like this.

All of our department identification cards have been updated with consistent photographs and

appropriate signatures. All are issued and old cards collected.

We purchased an air compressor and accessories for our PD garage. Josie Johnson had some

officer safety concerns with using public air hoses at area service stations.

Phil Vaughn will be leading the defensive tactics training on March 5 and 6.

We will be looking to organize an active shooter training sometime in the next 6 months.

This past month we spent significant time updating 5 different department forms which are

used fairly often. Our old forms were created on typewriters and had been photocopied so

many times they were offset on the pages and it was time for some updates. The stolen vehicle

report form, missing person report form, impound inventory form, statement of ownership

form and a new trespass form were all created. We also had the forms created into fillable

PDF’s. All have been stored on the network drives for easy access.

Sue Dahring and Jean Livingood have been working really hard on getting NIBRS information

entered in properly in NIBRS. This was a large effort of behind the scenes work but it was very

important to get our office properly set up and compliant. Sue submitted the records and they

went thru successfully with less than 1% errors – our department led the area in terms of

lowest error percentage.

The Police Civil Service Commission along with 3 members of our department will be

interviewing new hire candidates on March 5th and March 19th. We hope some good

candidates will be brought forward.

Our total calls for service for the month of February totaled 818. This is up from 743 during

February of 2017.

Chief Steve Todd

Made by Page 1 of 2

Detroit Lakes Police Monthly CFS Report Printed on March 1, 2018

ZoneCode

City of Detroit Lakes Totals

911H 28 28

ALARM 20 20

ANIMAL 18 18

ASSAULT 3 3

ASSIST 38 38

ATL 4 4

BURG 1 1

CAF 29 29

CIVIL 8 8

COV 2 2

DISORD 4 4

DIST 22 22

DOM 10 10

DRUG 6 6

EXTRA 2 2

FIRE 7 7

FRAUD 8 8

HARR 8 8

HAZMAT 3 3

INFO 49 49

JUV 7 7

MED 85 85

MISS 2 2

MVC 46 46

MVTHEFT 1 1

NOISE 2 2

OFF 10 10

PARKING 43 43

POR 9 9

PROP 12 12

PROPDAM 4 4

RUNAWAY 2 2

SEXCON 3 3

SHLIFTING 13 13

SHOTS FIRED CALL 1 1

SNOW 1 1

SUICIDE 3 3

SUSPACT 44 44

THEFT 16 16

Made by Page 2 of 2

ZoneCode

City of Detroit Lakes Totals

THEFT - NSF CHECK 1 1

THREATS 4 4

TRANS 13 13

TRESPASS 2 2

TRFCOMP 26 26

TSTOP 134 134

VANDAL 1 1

VEHASST 6 6

WARRANT 10 10

WARRANTNEW 3 3

WEAPON 1 1

WELFARE 27 27

16 16

Totals 818 818

MonthTotal Calls City Calls Cancelled

Detroit Township

Lake View Township

Erie Township Rescue Other Mutual Aid

January 20 7 8 1 1 1 2 MA Given-Wolf Lake (2)

February 24 13 7 1 1 2MA Given - Pelican Rapids; Callaway

MA Rec'd - Audubon

March

April

May

June

July

August

September

October

November

December

Totals 44 20 15 2 2 1 0

Detroit Lakes Fire DepartmentFebruary 2018

For March 13, 2018 Council

2018 FIRE REPORT SUMMARY

Exhibit 8G Return to Agenda

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Exhibit 9AReturn to Agenda

MUNICIPAL LIQUOR STORE2OO HOLMES STREET EAST

DETROIT LAKES, MN

SALES REPORTFOR THE MONTH OF February,201B

2018 2017$$ lncrease(Decrease)

% lncrease(Decrease)

Sales;Cunent

Year to Date

Customer Count:Cunent

Year to Date

$405,823.77 $377,085.06 $28,738.71 7.620/o

$816,072.36 $762,055.36 $54,017.00 7.09o/o

16,600 15,400 1,200 7.79o/o

33,796 31,291 2,505 8.01o/o

Exhibit 9IReturn to Agenda

Return to Agenda