July 10, 2018 Page 1

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1 Page 1 Detroit Lakes, Minnesota The regular meeting of the City Council was called to order in the Council Chambers of the City Administration Building at 5:00 PM, ; all members of the City Council having been notified of the meeting and the business to be transacted. Present: Mayor Matt Brenk; City Administrator Kelcey Klemm; City Clerk Glori French; 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 Utilities General Manger Vernell Roberts and Public Works Director Bradley Green Aldermen: Boeke, Imholte, Josephson, Marks Erickson, Schurman, Sukke, Voss, Wenner and Zeman Absent: None There being no corrections to the minutes of the Regular City Council Meeting held June 12, 2018, and the minutes of the Special City Council Meeting held June 19, 2018, a motion was made by Alderman Sukke, seconded by Alderman Boeke and carried, without a dissenting vote. Mayor Brenk declared the minutes would stand approved. Alderman Schurman requested that Item 6K - Consideration to the request submitted by the Jonathan Atkins for a Special Event Permit to hold the Muscatell Ojibwe Forests Rally be removed from the consent agenda. Pursuant to the recommendation of the Development Authority and the Community Development Committee, a resolution was introduced by Alderman Zeman, who moved its adoption, approving the decertification of tax increment financing District 8-5 (1252 Washington Avenue) effective December 31, The motion for the adoption of the resolution was seconded by Alderman Imholte and carried without a dissenting vote. Mayor Brenk declared Resolution A adopted. Pursuant to the recommendation of the Community Development Committee, a motion was made by Alderman Zeman introducing the second reading and adoption of Ordinance 427 amending Section 7 and Section 9A of the Zoning Ordinance relative to setbacks on corner lots. The motion was seconded by Alderman Boeke and carried without a dissenting vote. Pursuant to the recommendation of the Community Development Committee, a motion was made by Alderman Zeman introducing the second reading and adoption of Ordinance 428 amending Section 6 of the Zoning Ordinance relative to permitted uses

2 Page 2 and permitted accessory uses in the R-1 Single Family Residential 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 Zeman introducing the second reading and adoption of Ordinance 429 amending Section of the Detroit Lakes City Code 900 Nuisances, relative to Violations and Penalties. The motion was seconded by Alderman Boeke and carried without a dissenting vote. Pursuant to the recommendation of the Community Development Committee, a motion was made by Alderman Zeman introducing the first reading of Ordinance 431 amending Section 23 of the Zoning Ordinance relative to Violations and Penalties. 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 Zeman introducing the first reading of Ordinance 432 rezoning an area from R-2 One and Two Family Residence District to B-3 Auto- Oriented Business District at 1115 and 1119 Lincoln Avenue (Essentia Health). The motion was seconded by Alderman Boeke and carried with one dissenting vote (Marks Erickson). Pursuant to the recommendation of the Planning Commission and the Community Development Committee, a resolution was introduced by Alderman Zeman, who moved its adoption, approving an amended Conditional Use to allow construction of a 2000 square foot addition with a 2 foot setback from the property line adjacent to Lincoln Avenue and construction of a 7 space parking lot at 1113 Lincoln Avenue as part of the Essentia Health/St. Mary s medical facilities campus, subject to the following conditions: 1) That all the conditions from the Conditional Use Permit dated December 8, 2009, (Document # ) shall remain in full force and effect; 2) That St. Mary s install and maintain the landscape and screening for the parking lot as required by Section 3 Subd. 2 G of the Zoning Ordinance; 3) That the 37 space parking lot will provide the 7 spaces required for the 2000 square foot addition constructed in 2018 and the additional 30 spaces will be available for future expansion projects; 4) That the owner install and maintain a 6 foot high fence along the east side of the parking lot. The motion for the adoption of the resolution was seconded by Alderman Imholte and carried with one dissenting vote (Marks Erickson). Mayor Brenk declared Resolution B adopted.

3 Page 3 Pursuant to the recommendation of the Planning Commission and the Community Development Committee, a resolution was introduced by Alderman Zeman, who moved its adoption, approving the preliminary plat of Common Interest Community Laker Island Storage (25174 County Highway 6), subject to the following conditions: 1) That the owner provide any utility easements required by the City; 2) That the owner dedicate land for stormwater treatment as designated by the City Engineer; 3) The City has the right to annex the property once it is 60% surrounded by City boundaries and the owners will not object to the annexation; 4) The structures shall not be used for residential purposes temporarily or permanently. The motion for the adoption of the resolution was seconded by Alderman Imholte and carried without a dissenting vote. Mayor Brenk declared Resolution C adopted. Pursuant to the recommendation of the Planning Commission and the Community Development Committee, a resolution was introduced by Alderman Zeman, who moved its adoption, denying a variance application for a six foot high fence at 916 Longview Lane (Scott Wolff). The motion for the adoption of the resolution was seconded by Alderman Imholte and carried without a dissenting vote. Mayor Brenk declared Resolution D adopted. Pursuant to the recommendation of the Planning Commission and the Community Development Committee, a resolution was introduced by Alderman Zeman, who moved its adoption approving the preliminary and final plat of Patina Acres (Wilhelm and Elizabelth Schaleben) subject to the following condition: 1) That the owner provide any utility easements required by the City; The motion for the adoption of the resolution was seconded by Alderman Boeke and carried without a dissenting vote. Mayor Brenk declared Resolution E adopted. Pursuant to the recommendation of the Planning Commission and the Community Development Committee, a resolution was introduced by Alderman Zeman, who moved its adoption approving the variance at 1100 North Shore Drive (Spitfire Bar and Grill) to allow the existing covered patio to be moved 18 feet to the east, to allow construction of a 1720 square foot patio, to allow a parking variance of 111 parking spaces to serve the facility and to allow the current 70.5% impervious surface coverage to remain the same subject to the following conditions:

4 Page 4 1) That the building not be enlarged; 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 70.5%; 5) That the patio area not exceed 1720 square feet; 6) That the owner provide 111 parking spaces; 7) That the owners provide the City with a road and utility easement of approximately 1700 square feet as defined by the City Engineer; 8) That the owner install and maintain a 6 foot high vegetative screening between the parking lot and North Shore Drive; 9) That the owners install and maintain 5% of the interior of the parking lot in landscaping. The motion for the adoption of the resolution was seconded by Alderman Boeke and carried without a dissenting vote. Mayor Brenk declared Resolution F adopted. Upon the recommendation from the Community Development Committee, a resolution was introduced by Alderman Zeman, who moved its adoption setting a public hearing for August 13, 2018, on the proposed vacation of the utility easements between Lots 13 and 14 of Pleasant Acres Three (Don Busker). The motion for the adoption of the resolution was seconded by Alderman Boeke and carried without a dissenting vote. Mayor Brenk declared Resolution G adopted. Upon the recommendation of the Community Development Committee, a motion was made by Alderman Zeman, seconded by Alderman Sukke and carried, without a dissenting vote, that the building permits for the month of June, 2018 in the estimated construction value of $3,557, 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. by Alderman Schurman, seconded by Alderman Zeman and carried, without a dissenting vote to accepting a bid from Feldt Plumbing, LP for the West Randolph Road Sanitary Sewer Realignment in the amount of $330, (Section A) and accepting a bid for No. 7 (Andrews) Lift Station Replacement in the amount of $137, (Section B) and not

5 Page 5 for Various Pavement Marking Improvements (Section C) as those bids were more than $50,000 over the engineer s estimate. Upon the recommendation from the Public Works Committee, a resolution was introduced by Alderman Schurman, who moved its adoption accepting the Preliminary Engineering Report for the proposed West Lake Drive (County Road 6 to Pelican River) Street and Utility Improvements. The motion for the adoption of the resolution was seconded by Alderman Sukke and carried without a dissenting vote. Mayor Brenk declared Resolution H adopted. Upon the recommendation from the Public Works Committee, a resolution was introduced by Alderman Schurman, who moved its adoption accepting a report and setting a public hearing for August 13, 2018 on the improvements of concrete curb, gutter, approaches and sidewalks for The motion for the adoption of the resolution was seconded by Alderman Sukke and carried without a dissenting vote. Mayor Brenk declared Resolution I adopted. Upon the recommendation from the Public Works Committee, a resolution was introduced by Alderman Schurman, who moved its adoption accepting a report and setting a public hearing for August 13, 2018 on the abatement of diseased trees for The motion for the adoption of the resolution was seconded by Alderman Wenner and carried without a dissenting vote. Mayor Brenk declared Resolution J adopted. by Alderman Schurman, seconded by Alderman Sukke and carried, without a dissenting vote approving a new Scoreboard for Washington Ballpark donated by the Detroit Lakes School Booster Club. by Alderman Schurman, seconded by Alderman Sukke and carried, without a dissenting vote approving a quote from Northland Painting & Drywall in the amount of $82, plus electrical for the ceiling insulation project in Kent Freeman Arena #1. by Alderman Schurman, seconded by Alderman Sukke and carried, without a dissenting vote approving the request submitted by Leela & Lavender to hold their Grand Opening Celebration request is to block off four (4) parking spaces on Front Street with a seating area for a food vendor and three (3) parking spaces on Washington Avenue for the Photo Camper on Saturday, July 28, 2018 from 10:30 AM to 3:30 PM by Alderman Schurman, seconded by Alderman Imholte and carried, without a dissenting vote approving the request submitted by the DL Chamber for a Special Event Permit to hold the 4 th Annual Detroit Lakes Antique & Classic Boat Show on West Lake Drive on

6 Page 6 Saturday, August 11, 2018, 8:00 AM to 3:30 PM (Requested West Lake Drive be closed from Lake Avenue to Minnesota Avenue). approving the request submitted by the Twin City Powerboat Race Association for a Special Event Permit to hold the Jerry Simison Memorial Quake the Lake 12 Powerboat Races on Little Detroit August 11-12, approving the request submitted by the DL Chamber for a Special Event Permit to block off Washington Avenue, from Front Street to Frazee Street and the intersection of Washington Avenue/Holmes Street, August 7, 2018, from 5:00 AM to 8:00 PM for Crazy Daze 2018 and approval to their request to have the Public Works Department place six picnic tables downtown. approving the request submitted by Holy Rosary Church to hold the Holy Rosary Community Festival and close Lake Avenue (south of Holy Rosary to Frazee Street) on Sunday, August 19, 2018 from 8:00 AM to 3:00 PM. Jonathan Atkins appeared before the Council and provided information regarding the Muscatell Ojibwe Forests Rally. Upon the recommendation of the Public Works Committee, a motion was made by Alderman Schurman, seconded by Alderman Sukke and carried, without a dissenting vote approving the request submitted by Jonathan Atkins for a Special Event Permit to hold the Muscatell Ojibwe Forests Rally and close Washington Avenue from Front Street to Holmes Street on Friday, August 24, 2018 from 11:45 AM to 1:45 PM for a car exhibit and close the Frontage Road in front of the Pavilion on Saturday, August 25, 2018 from 8:00 PM to 9:30 PM for the post-race podium celebration. approving the issuance of a transient merchant s license for Gary Cox allowing him to sell WE Fest tickets at 1575 West Lake Drive; August 1-4, 2018, pursuant to his application, surety bond and fees. approving the issuance of a transient merchant s license for Mike Chandler allowing him to sell WE Fest tickets at 1377 West Lake Drive and 1042 Highway 59 South; August 1-4, 2018, pursuant to his application, surety bond and fees.

7 Page 7 approving the purchase of a 2018 John Deere 672G Grader from RDO Equipment Co. in the amount of $246, The purchase is a budgeted item. Alderman Schurman informed the Council Donna Meyer donated a park bench in memory of her husband Doug Meyer. The bench is will be placed at the Bandshell. approving the request made by Jim & Shawn Lund to have three dogs at 1153 West Lake Drive. Upon the recommendations of the Finance Committee, a motion was made by Alderman Wenner, seconded by Alderman Sukke and carried, with one dissenting vote (Imholte) approving the American Legion Campground Management Agreement for the period of August 1, 2018 to December 31, Upon the recommendations of the Finance Committee, a motion was made by Alderman Zeman, seconded by Alderman Sukke and carried without a dissenting vote that the trial balance and monthly financial reports, submitted by Finance Officer Pamela Slifka, showing a balance in the City treasury to be in the amount of $16,904, as of June 30, 2018, be accepted, approved and placed on file. Upon the recommendation of the Finance Committee, a resolution was introduced by Alderman Zeman, who moved its adoption, approving the payment of claims paid by proper authorization covering the period of June 13, 2018, through, in the amount of $2,843, The motion for the adoption of the resolution was seconded by Alderman Sukke and carried without a dissenting vote. Mayor Brenk declared Resolution K adopted. Alderman Boeke announced there will a Public Open House at the Police Department on Thursday, July 26, 2018 from 11:30 AM to 1:30 PM and from 4:30 PM to 6:30 PM, to receive input on the proposed new Police Department Facility and local option sales tax. Upon the recommendation for the Public Safety Committee, a resolution was introduced by Alderman Boeke who moved its adoption declaring the position of the part-time Police Officer meets all of the membership requirements. The motion for the adoption of the resolution was seconded by Alderman Josephson and carried without a dissenting vote. Mayor Brenk declared Resolution adopted. 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

8 Page 8 intoxicating liquor for the Belen/Genereux Wedding on August 18, 2018 at the Pavilion pursuant to their application and fees. without a dissenting vote, approving the issuance of a Permit to Consume to Marisol Martinez for a Quinceañera at the Pavilion on Saturday, August 4, without a dissenting vote, approving the issuance of a Permit to Consume to Foltz Trucking for their Employee Picnic at the Pavilion on Saturday, September 8, without a dissenting vote, approving the issuance of a Permit to Consume to Scott Schroeder & Samantha Welter for their Wedding Reception at the Pavilion on Saturday, October 13, without a dissenting vote, approving the gambling application submitted by the Holy Rosary Catholic Church to hold a raffle and play bingo at the Holy Rosary Catholic Church, 1043 Lake Avenue on August 19, without a dissenting vote, approving the gambling application submitted by the Becker County Sheriff Posse to hold a raffle at the Becker County Sheriff s Department, 925 Lake Avenue on August 17, 18 and 19, without a dissenting vote, approving the gambling application submitted by the Holy Rosary Catholic Church to hold a raffle at the Holy Rosary Catholic Church, 1043 Lake Avenue on August 26, without a dissenting vote, approving the gambling application submitted by the Lakes Crisis & Resource Center to hold a raffle at the Lakes Crisis & Resource Center, 1339 Pelican Lane on September 7, without a dissenting vote, approving the gambling application submitted by the Patriot

9 Page 9 Assistance Dogs to hold a raffle at the American Legion Post #15, 810 West Lake Drive on September 29, without a dissenting vote, approving the gambling application submitted by the Boys & Girls Club of Detroit Lakes to hold a raffle at the Sandbar II, 1150 Randolph Road on January 12, without a dissenting vote, approving issuance of a special on-sale intoxicating liquor license for the Sandbar II to sell and serve on-sale intoxicating liquor at the Becker County Fairgrounds for the Becker County Fair, July 25-28, 2018, pursuant to their application and fee. without a dissenting vote, approving the issuance of a temporary on-sale intoxicating liquor license for the Detroit Lakes Jaycees to sell and serve intoxicating liquor in designated areas on West Lake Drive for the DLFD Street Dance on August 10, 2018, pursuant to their application and fee. Upon the recommendation of the Public Utilities Commission, a motion was made by Alderman Zeman, seconded by Alderman Sukke and carried, without a dissenting vote approving the purchase of a Bobcat Skid Steer from Swanson Repair in the amount of $52, and the purchase of a portable air compressor from Zeigler Equipment in the amount of $22, The purchase of these items are budgeted. City Administrator Klemm informed the Council on the acquisition of an avigation easement for Tract 29. Klemm stated Tract 29 is currently where the Wastewater treatment facility is located. Upon the recommendation of the Finance Committee, a motion was made by Aldermen Wenner to approve the acquisition of an avigation easement for Tract 29 in the amount of $1,100 from the Detroit Lakes Public Utilities. The motion was seconded by Alderman Zeman and carried without a dissenting vote. City Administrator Klemm informed the Council on the sale of Tract 30A and 30B from the City of Detroit Lakes to the Detroit Lakes - Becker County Airport. Klemm stated the tract is approximately 53 acres of low swamp land. Upon the recommendation of the Finance Committee, a motion was made by Aldermen Wenner to approve the sale of Tract 30A and 30B the Detroit Lakes - Becker County Airport in the amount of $37,500. The motion was seconded by Alderman Zeman and carried without a dissenting vote.

10 Page 10 A motion was made by Alderman Zeman, seconded by Alderman Sukke and carried, without a dissenting vote, that the June Nuisance Monthly Report, the June Variance/Conditional Use Permit Status Report, the June City Engineer s Report, the June Animal Control Report, the June Police Chief s Report, the June Fire Chief s Report, the June Parking Violations Monthly Report of $405, the May Becker County Court Report of $ , and the June Liquor Store Manager s Monthly Report be approved and placed on file. A resolution was introduced by Mayor Brenk providing for the conduct of the Primary Election on August 14, 2018, designating the election judges and setting the hourly rate of pay. Alderman Zeman moved its adoption. The motion for the adoption of the resolution was seconded by Alderman Sukke and carried without a dissenting vote. Mayor Brenk declared Resolution L adopted. A motion was made by Alderman Zeman, seconded by Alderman Boeke and carried, without a dissenting vote, approving the following licenses through December 31, 2018: Plumbing Licenses: Accel Mechanical, LLC Upon the recommendation of Mayor Brenk, a motion was made by Alderman Sukke, seconded by Alderman Boeke and carried without a dissenting vote to appoint Nancy Haggart to the Planning Commission. Ms. Haggart will be completing the term vacated by Moria Rufer which goes through December 31, Upon the recommendation of Mayor Brenk, a motion was made by Alderman Sukke, seconded by Alderman Boeke and carried without a dissenting vote to re-appoint Tom Klyve to the Development Authority. This will be Mr. Klyve s third 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 to re-appoint G.L. Tucker to the Development Authority. This will be Mr. Tucker s second 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 to re-appoint Ron Zeman to the HRA Board. This will be Mr. Zeman s first 3-year term. Mayor Brenk announced the Police Civil Service Commission will meet on Tuesday, July 17, 2018 at 10:00 AM in the Conference Room of the City Administration Building. Mayor Brenk announced the following positions will be up for election at the November 2018 election. Candidate filing period is July 31, 2018 through August 14, 2018.

11 Page 11 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) Mayor Brenk announced the 2019 Budget Committee Meeting Schedule and that a quorum of the Council may be present at these meetings. The schedule is as follows: Tuesday, August 7, :00 AM 8:30 AM Thursday, August 9, :00 AM 8:30 AM Thursday, August 16, :00 AM 8:30 AM Tuesday, August 21, :00 AM 8:30 AM Thursday, August 23, :00 AM 8:30 AM Tuesday, August 28, :30 AM 8:30 AM Thursday, August 30, :00 AM 8:30 AM (if needed) Mayor Brenk announced due to the Primary Election, the August Council meeting will be Monday, August 13, 2018 at 5:00 PM with the following committee meeting schedule: THURSDAY, AUGUST 9, 2018 Community Development 4:00 PM MONDAY, AUGUST 13, 2018 Public Works 1:30 PM Public Safety 3:00 PM Finance 3:30 PM Liquor & Gambling 4:30PM Council 5:00 PM There being no further business to conduct, by general consent, Mayor Brenk adjourned the meeting at 5:50 PM. Respectfully submitted, Glori French, City Clerk