PUBLIC HEARINGS/PRESENTATIONS:

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1 AGENDA LINDSTROM CITY COUNCIL MEETING THURSDAY, SEPTEMBER 20, :00 P.M. Lindstrom City Hall Sylvan Ave., Lindstrom, MN CALL TO ORDER/PLEDGE: CALL OF ROLL: CONSIDERATION OF AGENDA: Additions: Deletions: PUBLIC FORUM: (No action will be taken by the Council tonight) PUBLIC HEARINGS/PRESENTATIONS: 2019 Preliminary Budget & Property Tax Levy Resolution (pgs. 4-6) & Handout Ordinance & Summary Ordinance Annexation (pgs. 7-12) Ordinance & Summary Ordinance Annexation (pgs ) Ordinance & Summary Ordinance Annexation (pgs ) POLICE: 1. Police Commission July 11, 2018, meeting minutes (pgs ) 2. LAPD Report Chief Schlumbohm FIRE DEPARTMENT: 1. Monthly Report (pg. 32) CONSENT AGENDA: 1. Regular City Council Meeting Minutes, August 16, 2018 (pgs ) 2. Special City Council Meeting Minutes, September 6, 2018 (pgs ) 3. LMCIT Waiver Form (pgs ) 4. Concordia Land Purchase Agreement (pg ) 5. Prairie Restoration Quote (pg ) 6. Bills List for Approval (pgs ) Page 1 of 109

2 GENERAL BUSINESS ITEMS: 1. Planning Commission Meeting Day (pg ) PLANNING BUSINESS: 1. Preliminary Plat, Sunset Meadows Resolution (pgs ) 2. Planning Report (pg. 89) 3. September 5, 2018, Planning Commission Minutes (pgs ) ENGINEERING BUSINESS: th Street-Certificate of Substantial Completion (pgs ) 2. Public Works Commission September 4, 2018 minutes (pgs ) COMMISSION/COMMITTEE REPORTS: CLJSTC: 1. Update & Review Carlson/Waldoch- August 20, 2018, minutes (pgs ) Cable Commission: 2. Update & Review Brink September 10, 2018, minutes (pg. 102) EDA: 1. Appoint Mr. Michael Hursh to fill Mr. Diers term (pgs. 103) 2. Update & Review Carlson/Brink- September 11, 2018 minutes (pgs ) Finance: 1. Monthly Reports (pgs ) 2. Liquor Off Sale/On Sale (not available) Library: 1. Update & Review Waldoch no minutes received Park Commission: 1. Update & Review Brink a. September 10, 2018 Minutes (pgs ) Highway 8 Task Force: 1.Update & Review Stenson Beyond the Yellow Ribbon: 1.Update & Review Brink/Stenson DISCUSSION/MISC: CORRESPONDENCE: Page 2 of 109

3 ADJOURNMENT: CALENDAR REVIEW/UPCOMING DATES: Sep 17 Sep 20 Sep 27 Oct 1 Oct 2 Oct 3 Oct 8 Oct 9 Oct 15 Oct 18 4:30 p.m. CLJSTC 7:00 p.m. City Council 7:00 p.m. Library Commission 6:00 p.m. Park Commission 10:00 a.m. Public Works 6:30 p.m. Planning Commission 4:00 p.m. Cable Commission 7:30 a.m. EDA 4:30 p.m. CLJSTC 7:00 p.m. City Council Page 3 of 109

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5 CITY OF LINDSTROM CHISAGO COUNTY STATE OF MINNESOTA THE CITY COUNCIL OF LINDSTROM RESOLUTION Resolution Adopting the Preliminary 2019 Lindstrom Property Tax Levy WHEREAS the City Council of the City of Lindstrom, at a duly called meeting reviewed proposed budget figures for the year 2019, and WHEREAS the City Council found the preliminary 2019 budget and levy to be a fair and reasonable cost to provide an appropriate level of service to the citizens of the City of Lindstrom, and WHEREAS the City Council also finds that there are other projects and undertakings that are in need of initial or additional funding that are either not included or are not fully funded by the proposed 2019 Budget, and WHEREAS the City Council acknowledges the levy for the General Obligation Bonds of 2010A is less than the required amount due to the availability of funds on hand, and WHEREAS the City Council acknowledges the levy for the Equipment Certificate of 2015A is less than the required amount due to the availability of funds on hand, and WHEREAS the City Council recognizes and acknowledges these projects, programs, needs and undertakings and hereby exercises its discretion in determining how best the property tax dollars and other available revenues shall be expended, now therefore BE IT RESOLVED by the City Council of the City of Lindstrom that based on the proposed budget submitted to the City Council for consideration, they hereby certify the following preliminary Property Tax Levy for 2019: General Government Levy $2,122,076 EDA Levy 64,000 Equipment Certificate ,000 General Obligation Bonds of ,400 General Obligation Bonds of 2009A 6,763 General Obligation Bonds of 2010A 2,000 Total Levy $2,224,239 BE IT FURTHER RESOLVED that the time and date for the City of Lindstrom s Truth in Taxation Meeting shall be 6:30 P.M., December 20 th, All meetings shall be held at City Hall, Sylvan Ave, Lindstrom, Chisago County, Minnesota. Adopted by the City Council this the 20th day of September Page 5 of 109

6 SEAL Attest: Melissa Glenna, Deputy Clerk Keith V. Carlson, Mayor Page 6 of 109

7 CITY OF LINDSTROM CHISAGO COUNTY, MINNESOTA ORDINANCE NO AN ORDINANCE ANNEXING LAND LOCATED IN CHISAGO LAKE TOWNSHIP, CHISAGO COUNTY, MINNESOTA PURSUANT TO MINNESOTA STATUTES , SUBDIVISION 2(2), PERMITTING ANNEXATION BY ORDINANCE PREAMBLE WHEREAS, the land proposed for annexation ( Land ) is legally described as follows: That part of Government Lot 5 of Section 10, Township 33 North, Range 20 West, Chisago County, Minneosta, lying between the southerly extension of the east and west lines of Lot 21 and southerly of the south line of South Shore Drive, all on the recorded plat of Gerub Beach, Chisago County, Minnesota, and lying northerly of the center line of the existing township road, containing 0.1 acre, more or less, and subject to the existing township road along the south line. Subject to easements and reservations of record. WHEREAS, the Land is completely surrounded by land within the municipal limits of the City of Lindstrom and is therefore deemed to be urban or suburban in character, or about to become so; WHEREAS, no part of the Land is included within the limits of an incorporated city; WHEREAS, the City has authority, pursuant to Minn. Stat , Subd. 2(2) to declare the Land annexed to the City; WHEREAS, the City of Lindstrom held a public hearing pursuant to Minnesota Statutes , Subd. 2b, on September 20, 2018, following thirty (30) days written notice by certified mail to Chisago Lake Township and to all landowners within and contiguous to the area legally described herein to be annexed, and; WHEREAS, notice has been given to the landowner pursuant to Minnesota Statutes , Subd. 13. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LINDSTROM, MINNESOTA ORDAINS: Section A. Land Annexed. The corporate limits of the City of Lindstrom are hereby extended to include the Land. Section B. Taxes/Reimbursement to Township. Pursuant to an agreement between the City of Lindstrom and Chisago Lake Township, tax reimbursement pursuant to Minnesota Page 7 of 109

8 Statutes Section will not be provided. There are no outstanding assessments against the Land. Section C. Filing. The City Clerk is directed to file certified copies of this ordinance with the Secretary of State, the County Auditor, the Town Clerk of the affected township and the Chief Administrative Law Judge for the Municipal Boundary Adjustment Unit of the Office of Administrative Hearings. The City Attorney may act as necessary to complete the annexation process. Section D. Effective Date of Annexation. This Ordinance shall be in full force and effect and final upon the date this Ordinance is approved by the Chief Administrative Law Judge for the Office of Administrative Hearings. ADOPTED this 20 th day of September, 2018, by the City Council of the City of Lindstrom. ATTEST: By: Keith V. Carlson, Mayor John J. Olinger, City Administrator Page 8 of 109

9 SUMMARY ORDINANCE NO CITY OF LINDSTROM CHISAGO COUNTY, MINNESOTA AN ORDINANCE ANNEXING LAND LOCATED IN CHISAGO LAKE TOWNSHIP, CHISAGO COUNTY, MINNESOTA PURSUANT TO MINNESOTA STATUTES , SUBDIVISION 2(2), PERMITTING ANNEXATION BY ORDINANCE NOTICE IS HEREBY GIVEN that, on September 20, 2018, Ordinance No was adopted by the City Council of the City of Lindstrom, Minnesota. NOTICE IF FURTHER GIVEN that, because of the lengthy nature of Ordinance No , the following summary of the ordinance has been prepared for publication: Ordinance No annexes the following properties, identified by County PID number, into the City: part of A printed copy of the entire Ordinance is available for inspection by any person during the City Clerk s regular office hours. APPROVED for publication by the City Council of the City of Lindstrom, Minnesota, this 20 th day of September, ATTEST: By: Keith V. Carlson, Mayor John J. Olinger, City Administrator Page 9 of 109

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13 CITY OF LINDSTROM CHISAGO COUNTY, MINNESOTA ORDINANCE NO AN ORDINANCE ANNEXING LAND LOCATED IN CHISAGO LAKE TOWNSHIP, CHISAGO COUNTY, MINNESOTA PURSUANT TO MINNESOTA STATUTES , SUBDIVISION 2(2), PERMITTING ANNEXATION BY ORDINANCE PREAMBLE WHEREAS, the land proposed for annexation ( Land ) is legally described as follows: Lot 3, Block 1, Shady Rest Addition, according to the plat thereof on file and of record in the office of the County Recorder in and for Chisago County, Minnesota. (PID ) AND That part of the north half of the Public Highway, also known as Lake Lane, as dedicated per CURRIE BEACH, according to the plat on file and of record in the office of the County Recorder, Chisago County, Minnesota, which lies easterly of the southerly extension of the westerly line of Lot 3, Block 1, SHADY REST ADDITION and westerly of the southerly extension of the easterly line of said Lot 3, Block 1, SHADY REST ADDITION, according to the plat on file and of record in the office of the County Recorder, Chisago County, Minnesota. WHEREAS, the Land is completely surrounded by land within the municipal limits of the City of Lindstrom and is therefore deemed to be urban or suburban in character, or about to become so; WHEREAS, no part of the Land is included within the limits of an incorporated city; WHEREAS, the City has authority, pursuant to Minn. Stat , Subd. 2(2) to declare the Land annexed to the City; WHEREAS, the City of Lindstrom held a public hearing pursuant to Minnesota Statutes , Subd. 2b, on September 20, 2018, following thirty (30) days written notice by certified mail to Chisago Lake Township and to all landowners within and contiguous to the area legally described herein to be annexed, and; WHEREAS, notice has been given to the landowner pursuant to Minnesota Statutes , Subd. 13. Page 13 of 109

14 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LINDSTROM, MINNESOTA ORDAINS: Section A. Land Annexed. The corporate limits of the City of Lindstrom are hereby extended to include the Land. Section B. Taxes/Reimbursement to Township. Pursuant to the requirements of Minn. Stat , the City shall provide a reimbursement to the town to compensate the town for the loss of taxable property in the amount of Two Hundred Ninety Three and 41/100 Dollars ($293.41), payable in two annual payments in accordance with the following schedule: 1. In 2018, an amount equal to One Hundred Forty Six and 71/100 Dollars ($146.71). (½ total amount) 2. In 2019, an amount equal to One Hundred Forty Six and 70/100 Dollars ($146.70). (½ total amount) Section C. Filing. The City Clerk is directed to file certified copies of this ordinance with the Secretary of State, the County Auditor, the Town Clerk of the affected township and the Chief Administrative Law Judge for the Municipal Boundary Adjustment Unit of the Office of Administrative Hearings. The City Attorney may act as necessary to complete the annexation process. Section D. Effective Date of Annexation. This Ordinance shall be in full force and effect and final upon the date this Ordinance is approved by the Chief Administrative Law Judge for the Office of Administrative Hearings. ADOPTED this 20 th day of September, 2018, by the City Council of the City of Lindstrom. ATTEST: By: Keith V. Carlson, Mayor John J. Olinger, City Administrator Page 14 of 109

15 SUMMARY ORDINANCE NO CITY OF LINDSTROM CHISAGO COUNTY, MINNESOTA AN ORDINANCE ANNEXING LAND LOCATED IN CHISAGO LAKE TOWNSHIP, CHISAGO COUNTY, MINNESOTA PURSUANT TO MINNESOTA STATUTES , SUBDIVISION 2(2), PERMITTING ANNEXATION BY ORDINANCE NOTICE IS HEREBY GIVEN that, on September 20, 2018, Ordinance No was adopted by the City Council of the City of Lindstrom, Minnesota. NOTICE IF FURTHER GIVEN that, because of the lengthy nature of Ordinance No , the following summary of the ordinance has been prepared for publication: Ordinance No annexes the following properties, identified by County PID number, into the City, along with adjacent right of way: A printed copy of the entire Ordinance is available for inspection by any person during the City Clerk s regular office hours. APPROVED for publication by the City Council of the City of Lindstrom, Minnesota, this 20 th day of September, ATTEST: By: Keith V. Carlson, Mayor John J. Olinger, City Administrator Page 15 of 109

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20 CITY OF LINDSTROM CHISAGO COUNTY, MINNESOTA ORDINANCE NO AN ORDINANCE ANNEXING LAND LOCATED IN CHISAGO LAKE TOWNSHIP, CHISAGO COUNTY, MINNESOTA PURSUANT TO MINNESOTA STATUTES , SUBDIVISION 2(2), PERMITTING ANNEXATION BY ORDINANCE PREAMBLE WHEREAS, the land proposed for annexation ( Land ) is legally described as follows: That part of Lot 16, in Currie Beach, commencing at the point of intersection of the South line of Trunk Highway No. 8 with a line drawn parallel with and distant 120 feet west of the East line of Lot 15 of Currie Beach, which point is feet south and feet east of the northwest corner of Lot 6, Currie Beach; thence South along said parallel line, a distance of feet; thence North 76 degrees 09 minutes West, a distance of feet to the West line of said Lot 15, which is the point of beginning of the tract to be described; thence continuing North 76 degrees 09 minutes West, a distance of feet; thence North 2 degrees 08 minutes 50 seconds West, a distance of 322 feet, more or less, to the southerly right-of-way line of Trunk Highway No. 8; thence northeasterly along the southerly right-of-way line to the northeast corner of the said Lot 16; thence south on the East line of Lot 16, to the point of beginning, Chisago County, Minnesota (PIN: ) AND Lot 1, Block 1, Noreen s Maple Knoll, Chisago County, Minnesota (PIN: ) AND Lot 2, Block 1, Noreen s Maple Knoll, Chisago County, Minnesota (PIN: ) AND Lot 3, Block 1, Noreen s Maple Knoll, Chisago County, Minnesota (PIN: ) AND Lot 4, Block 1, Noreen s Maple Knoll, Chisago County, Minnesota (PIN: ) AND Lot 5, Block 1, Noreen s Maple Knoll, Chisago County, Minnesota (PIN: ) Page 20 of 109

21 AND The south half of Trunk Highway No. 8 which lies westerly of the easterly line and its northerly extension of Lot 15, CURRIE BEACH, according to the plat on file and of record in the office of the County Recorder, Chisago County, Minnesota, and easterly of the following described line: AND Commencing at the point of intersection of the South line of Trunk Highway No. 8 with a line drawn parallel with and distant 120 feet West of the East line of Lot 15 of CURRIE BEACH, which point is feet South and feet East of the northwest corner of Lot 6, CURRIE BEACH; thence South along said parallel line, a distance of feet; thence North 76 degrees 09 minutes West, a distance of feet to the west line of said Lot 15; thence continuing North 76 degrees 09 minutes West, a distance of feet to the point of beginning of the line to be described; thence North 02 degrees 08 minutes 50 seconds West. Maple Lane as dedicated per NOREEN S MAPLE KNOLL, according to the plat on file and of record in the office of the County Recorder, Chisago County, Minnesota. WHEREAS, the Land is completely surrounded by land within the municipal limits of the City of Lindstrom and is therefore deemed to be urban or suburban in character, or about to become so; WHEREAS, no part of the Land is included within the limits of an incorporated city; WHEREAS, the City has authority, pursuant to Minn. Stat , Subd. 2(2) to declare the Land annexed to the City; WHEREAS, the City of Lindstrom held a public hearing pursuant to Minnesota Statutes , Subd. 2b, on September 20, 2018, following thirty (30) days written notice by certified mail to Chisago Lake Township and to all landowners within and contiguous to the area legally described herein to be annexed, and; WHEREAS, notice has been given to the landowner pursuant to Minnesota Statutes , Subd. 13. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LINDSTROM, MINNESOTA ORDAINS: Section A. Land Annexed. The corporate limits of the City of Lindstrom are hereby extended to include the Land. Page 21 of 109

22 Section B. Taxes/Reimbursement to Township. Pursuant to the requirements of Minn. Stat , the City shall provide a reimbursement to the town to compensate the town for the loss of taxable property in the amount of One Thousand Nine Hundred Seventy Two and 57/100 Dollars ($1,972.57), payable in two annual payments in accordance with the following schedule: 1. In 2018, an amount equal to Nine Hundred Eighty Six and 29/100 Dollars ($986.29). (½ total amount) 2. In 2019, an amount equal to Nine Hundred Eighty Six and 28/100 Dollars ($986.28). (½ total amount) Section C. Filing. The City Clerk is directed to file certified copies of this ordinance with the Secretary of State, the County Auditor, the Town Clerk of the affected township and the Chief Administrative Law Judge for the Municipal Boundary Adjustment Unit of the Office of Administrative Hearings. The City Attorney may act as necessary to complete the annexation process. Section D. Effective Date of Annexation. This Ordinance shall be in full force and effect and final upon the date this Ordinance is approved by the Chief Administrative Law Judge for the Office of Administrative Hearings. ADOPTED this 20 th day of September, 2018, by the City Council of the City of Lindstrom. ATTEST: By: Keith V. Carlson, Mayor John J. Olinger, City Administrator Page 22 of 109

23 SUMMARY ORDINANCE NO CITY OF LINDSTROM CHISAGO COUNTY, MINNESOTA AN ORDINANCE ANNEXING LAND LOCATED IN CHISAGO LAKE TOWNSHIP, CHISAGO COUNTY, MINNESOTA PURSUANT TO MINNESOTA STATUTES , SUBDIVISION 2(2), PERMITTING ANNEXATION BY ORDINANCE NOTICE IS HEREBY GIVEN that, on September 20, 2018, Ordinance No was adopted by the City Council of the City of Lindstrom, Minnesota. NOTICE IF FURTHER GIVEN that, because of the lengthy nature of Ordinance No , the following summary of the ordinance has been prepared for publication: Ordinance No annexes the following properties, identified by County PID number, into the City, along with adjacent right of way: , , , , , A printed copy of the entire Ordinance is available for inspection by any person during the City Clerk s regular office hours. APPROVED for publication by the City Council of the City of Lindstrom, Minnesota, this 20 th day of September, ATTEST: By: Keith V. Carlson, Mayor John J. Olinger, City Administrator Page 23 of 109

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31 Lindstrom Fire Department Monthly Report for August 2018 To: Lindstrom City Council From: Lindstrom Fire Dept. During the month of August we had five calls, the Jamie Novak visitation and funeral procession, National Night Out/Block Parties, the MWO Appreciation, the Chisago City Parade, and our monthly meeting and drill. Date: Location: Situation: Hours worked: 08/04/ th St. Residential, possible lightning strike 06 08/07/18 Grandstrand s Novak Visitation 54 08/07/18 Lindstrom National Night Out 25 08/08/18 White Bear Lake Procession/funeral for Jamie Novak 30 08/08/ Railroad Ave., Chisago Large fire in the trees 07 08/17/18 Midwest One Bank MWO Appreciation 07 08/19/18 Chisago City Parade 24 08/20/ nd St. Fire alarm in offices, cancelled 05 08/22/ th St. Fire alarm, cancelled in route 03 08/29/ Per Rd. Explosion in building 05 August Drill meeting we had 20 members attend = 60 hrs. August Meeting, we had 20 members attend = 40 hrs. August Truck Detail is 8 hours x 4 weeks = 32 hrs. August Station Detail is 6 hours x 4 weeks = 24 hrs. Total Volunteer Hours = 322 Running Total = 2213 Respectfully Submitted By: David Paehlke Secretary of the Lindstrom Volunteer Fire Department Page 31 of 109

32 MINUTES LINDSTROM CITY COUNCIL MEETING THURSDAY, AUGUST 16, :00 P.M. Lindstrom City Hall Sylvan Avenue Lindstrom, MN CALL TO ORDER/PLEDGE: CALL TO ORDER/PLEDGE: Mayor Carlson called the meeting to order at 7:00 p.m. CALL OF ROLL: Members Present: Members Absent: Others Present: Mayor Keith Carlson, Council Members Curt Flug, AnnMarie Brink, Kevin Stenson, David Waldoch None Administrator John Olinger; Deputy Clerk Melissa Glenna; Attorney Dave Kendall; Engineer Jon Herdegen; Planner Rita Trapp; Denise Martin Chisago County Press; Sam Waldoch, Police Chief Bill Schlumbohm, Jim Swanberg, Laurie Burington, Jesse Moxness, Bob Cedergren, Kevin Monson, Jim Stoffel CONSIDERATION OF AGENDA: Additions: Deletions: General Business: 3. Personnel Committee None Motion by Flug, second by Brink, to approve the agenda with the noted changes. Motion passed 5-0. PUBLIC FORUM: None. Page 32 of 109

33 PUBLIC HEARINGS/PRESENTATIONS: None. POLICE: 3. Police Commission Minutes There was no Police Commission meeting. 4. Monthly Report Chief Schlumbohm explained that the LAPD attended Karl Oskar Days, the Triathlon, and National Night Out. He noted that Officer Carlson will be retiring December 31 of this year. FIRE DEPARTMENT: 1. Monthly Report The Council reviewed the report for the month of July. The Fire Department had four calls in July. They attended the Safety Camp in Chisago, Karl Oskar Day s events, the Center City Parade, hose testing in Center City, and their monthly meeting and drill. Total volunteer hours for July were 447. Total for 2018 is CONSENT AGENDA: 7. Regular City Council Meeting Minutes, July 19, Special City Council Meeting Minutes, July 10, Bills List for Approval 10. Anderson House History Panel Quotes Motion by Waldoch, second by Brink, to approve the Consent Agenda with additions to the Regular City Council Meeting Minutes, July 19, 2018, on page 3, General Business: 1. Concordia University Land Purchase adding in italics to the Motion dispensing with statutory requirements for review by Planning Commission. Also, on page 6, Planning Business: 4. Rose Hill Resort: adding in italics to the Motion regarding Lot B-1 to be held for one year for parking review. Motion passed 5-0. GENERAL BUSINESS ITEMS: 1. Public Works Supervisor Mark Dzubay Resignation-Public Works Supervisor Mark Dzubay has has given his resignation. As of January 1, 2019, he will be retiring. Motion by Waldoch, second by Brink, to accept the resignation of Mark Dzubay, Public Works Supervisor and direct Staff to begin the process to hire a Public Works Director. Motion passed 5-0. Page 33 of 109

34 2. Veteran Housing-Blake Huffman of Journey Home Veteran s Housing has asked to withdraw his Veteran s Housing proposal. Motion by Brink, second by Flug, to accept Blake Huffman s withdrawal of his Veteran s Housing proposal and to consider another Veterans Housing developer. Motion passed Personnel Committee-A meeting is requested by AnnMarie and Dave since Mark is resigning. AnnMarie and Dave will work with John on this. PLANNING BUSINESS: 4. Morning Sun Final Plat 2 nd Addition-Planner Rita Trapp explained that the Morning Sun Preliminary Plat was approved at the June 21, 2018, Council Meeting. She noted that applicant is seeking to Final Plat the 2 nd Addition which includes Lot 1-10 of Block 7 of the Morning Sun Development. Rita clarified that the applicant has addressed the Preliminary Plat conditions. Motion by Flug, second by Brink, to approve Resolution Morning Sun Final Plat 2 nd Addition with the conditions and findings of fact as presented by Staff and the Development Agreement. Motion passed 4-1 Waldoch opposed. 5. Northland tabling of remaining items to September Special Meeting-Planner Rita Trapp explained that at the July 10, 2018, Special City Council Meeting, the easement vacations, preliminary plat, conditional use permit in a shoreland PUD, and variances for a shoreland PUD were tabled to the August 16, 2018, City Council Meeting. However, at the July 19, 2018 the rezoning and comprehensive plan amendment were tabled to the September 25 Special City Council Meeting. Rita noted that staff requests all items be tabled today and be reviewed at the same time during the September 25 Special City Council Meeting. Motion by Flug, second by Brink, to table the Northland easement vacations, preliminary plat, conditional use permit in a shoreland PUD, and variances for a shoreland PUD. Motion passed Zoning Ordinance Amendment to eliminate CUP for parking lots with more than 5 spaces-planner Rita Trapp explained that staff has concerns about the current process for handling CUP s for parking lot with more than 5 spaces as it adds time and cost to applicants. It currently takes about 2 months between the Planning Commission and City Council review. Rita noted the proposed amendment will establish an administrative site review process for parking lots with more than 5 parking spaces. It will also provide for review by Planning or Council for unusual circumstances if desired. Page 34 of 109

35 Motion by Waldoch, second by Flug, to approve Ordinance Amending City Code Section Conditional Use Permits as it pertains to standards for parking lots with more than five spaces. Motion passed Zoning Ordinance Amendment to allow Efficiency Units and to set appropriate square footages-planner Rita Trapp explained the recent development proposals have brought up the need to reconsider requirements for multi-family and senior housing. Currently, City Code Section (D)(1)(b) does not permit efficiency units in the City except in elderly housing. She noted there is a market trend of smaller housing units. Rita clarified the Planning Commission determined limiting the number of efficiency units to one for buildings with 24 units or less and no more than 8% for buildings with 25 or more units. Motion by Brink, to amend Ordinance to allow 580 square feet for multi-family efficiency units. Motion died for lack of a second. Motion by Waldoch, second by Flug, to approve Ordinance & Summary Ordinance approving amendment to City Code Section (D)(1)(b) Yard, Area and Building Size regulations pertaining to Minimum Ground Floor Area by type of Dwelling Unit with efficiency units as follows: Multiplefamily Elderly housing Efficiency units are limited to no more than 8% of total units in buildings with more than 24 units and one unit in buildings with fewer than 24 units. Motion passed 4-1; Brink opposed. 8. Planning Report-Rita gave an overview of the projects that she has been working on. ENGINEERING BUSINESS: 1. Engineer s Update Engineer Herdegen provided the following updates: 288 th Street Improvements Engineer Herdegen explained 288 th Street is almost complete with signage, mailboxes, and restoration touchup work being the only remaining items left to finish. Engineer Herdegen stated the original contracted amount for this project was $1,117, The value of the work completed by Dresel to date is $1,217, Less 5% retainage and $1,076, previously paid, the amount requested by Dresel on this application is $80, Partial Payment Application #4 is requested in the amount of $80, Page 35 of 109

36 Motion by Waldoch, second by Stenson, to approve Partial Payment Application #4 to Dresel Construction in the amount of $80, Motion passed 5-0. Engineer Herdegen informed the Council that Dresel Contracting has also submitted Partial Payment Application No. 3 for the second project that includes the west end of 288 th Street between Lakelawn Drive and Lakeside Trail for your consideration. The original contract amount for this project was $110, The value of the work completed by Dresel to date is $74, Less 5% retainage and $50, previously paid, the amount requested by Dresel on this application is $20, Motion by Brink, second by Flug, to approve Partial Payment Application #3 to Dresel Construction in the amount of $20, Motion passed Morningside Court Engineer Herdegen stated Dresel Construction has completed all items for Morningside Court. He recommended release of the 3% retainage. The original contract amount for this project was $284, The value of the work completed to date is $290, The amount requested by Dresel Construction on this application is $8, Motion by Waldoch, second by Flug, to approve payment to Dresel Construction in the amount of $8, Motion passed 5-0. Public Works Committee Update & Review Stenson/Flug Engineer Herdegen reviewed the minutes from the August 14 th Public Works Committee meeting. COMMISSION/COMMITTEE REPORTS: CLJSTC: 1. CLJSTC Update & Review Carlson/Flug Minutes provided separately. Cable Commission: 1. Cable Commission Update & Review Brink Minutes provided separately. EDA: 1. EDA Update & Review Carlson/Brink Chair Randy Diers has resigned and moved out of Lindstrom. Sheryl Campbell has been appointed as EDA Chair. Finance: 3. Monthly Report No reports were provided. 4. On-Sale and Off-Sale Reports No reports were provided. Page 36 of 109

37 Library: 1. Update & Review The doors have been fixed. The next meeting will be September 27 at 7pm. The Library Commission meets every other month. Park Commission: Update & Review Brink Trinity Lutheran donated $150 to Harmony in the Park. Motion by Waldoch, second by Flug, to accept $150 from Trinity Lutheran Church for Harmony in the Park. Motion passed 5-0. Motion by Waldoch, second by Brink, to accept the bench donated in memory of Dave Schneider to be placed at the Anderson Peninsula in Allamansratt Park September 22 at 10am. Motion passed 5-0. Highway 8 Task Force: 1. Update & Review Stenson Council Member Stenson noted the next meeting will be mid-october. Beyond the Yellow Ribbon: 1. Update & Review Brink Beyond the Yellow Ribbon is working on becoming a 501c3. DISCUSSION/MISC: None. CORRESPONDENCE: None. ADJOURNMENT: Motion by Waldoch, second by Brink, to adjourn the meeting. Motion passed 5-0. The meeting adjourned at 8:25p.m. Respectfully submitted, Melissa Glenna Deputy Clerk Page 37 of 109

38 MINUTES LINDSTROM SPECIAL CITY COUNCIL MEETING THURSDAY, SEPTEMBER 6, :00 P.M. Lindstrom City Hall Sylvan Avenue Lindstrom, MN CALL TO ORDER/PLEDGE: Mayor Carlson called the meeting to order at 5:00 p.m. CALL OF ROLL: Members Present: Members Absent: Others Present: Mayor Keith Carlson; Council Members AnnMarie Brink, Kevin Stenson, Dave Waldoch Curt Flug Administrator John Olinger, Deputy Clerk Melissa Glenna, Attorney Soren Mattick, Denise Martin, Chisago County Press; Bob and Laurie Burington, Joan Barnes GENERAL BUSINESS: Motion by Brink, second by Stenson, to accept Council Member Curt Flug s resignation and declare a vacancy on Council Resolution Motion passed 4-0. Waldoch asked to have a letter of gratitude sent to Curt. Mayor Carlson explained that he proposes Sig Stene to be appointed as Council Member from September through December to fill out Curt Flug s council term. Sig was a previous mayor. Motion by Waldoch, second by Stenson, to appoint Sig Stene to fill the vacant council seat until December Motion passed 4-0. Motion by Waldoch, second by Stenson, to appoint Council Member Brink as Acting Mayor. Motion passed 4-0. Page 38 of 109

39 Motion by Waldoch, second by Brink, to adjourn the meeting at 5:15p.m. Motion passed 4-0. Respectfully, Melissa Glenna, Deputy Clerk Page 39 of 109

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42 STAFF REPORT MEETING DATE: September 20, 2018 SUBMITTED BY: City Administrator Olinger ITEM: Concordia Land Agreement The City Council approved the purchase of the Concordia Land for the completion of Allemansrätt Park. The purchase agreement is included for consideration. ACTION TO BE CONSIDERED: To approve the purchase agreement with Concordia University for the purchase of parcel Page 42 of 109

43 VACANT LAND PURCHASE AGREEMENT 1. PARTIES. This Purchase Agreement is made on day of, 2018, by and between the CITY OF LINDSTROM, a Minnesota municipal corporation, located at Sylvan Avenue, Lindstrom, Minnesota ( Buyer ), and CONCORDIA UNIVERSITY, ST. PAUL, a Minnesota nonprofit corporation, located at 275 N Syndicate, St. Paul, Minnesota ( Seller ). 2. OFFER/ACCEPTANCE. Buyer offers to purchase and Seller agrees to sell real property located in the City of Lindstrom, County of Chisago, State of Minnesota, legally described in Exhibit A attached hereto (referred to herein as the Property ). 3. PRICE AND TERMS. The price for the Property included under this Purchase Agreement is One Hundred Thousand Dollars ($100,000.00) which Buyer shall pay to Seller as follows: At Closing, Buyer shall pay Seller an amount equal to Fifty Thousand Dollars ($50,000.00), in cash or by wire transfer of U.S. Federal Funds; and At Closing, Buyer shall deliver to Seller a duly executed promissory note in the form attached hereto as Exhibit B (the Promissory Note ), which Promissory Note evidences the Buyer s obligation to pay Seller the remaining Fifty Thousand Dollars ($50,000.00) of the Purchase Price in two installments of Twenty-Five Thousand Dollars ($25,000.00) payable on June 1, 2019 and on June 1, EARNEST MONEY. Within 2 business days following the execution of this Agreement, Buyer will deposit with the Title Company identified in Paragraph 10 below the cash sum of Ten Thousand Dollars ($10,000.00) (the Earnest Money ). The Title Company shall hold the Earnest Money in escrow in accordance with the terms of this Purchase Agreement. If Closing occurs, such Earnest Money will be paid to Seller and applied as a credit against that portion of the Purchase Price payable by the Buyer at Closing. 5. DEED/MARKETABLE TITLE. Upon performance by Buyer, Seller shall execute and deliver a Warranty Deed conveying marketable title of record, subject to the following (the Permitted Exceptions ): A. Reservations of minerals or mineral rights by the State of Minnesota, if any; B. Building and zoning laws, ordinances, state and federal regulations; and Page 43 of 109

44 C. Any other matters consented to by Buyer in writing or not timely objected to by Buyer. 6. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. A. Prior Years Delinquent Real Estate Taxes and Delinquent Special Assessments. Delinquent real estate taxes payable in years prior to the year of Closing and delinquent installments of special assessments certified for collection with real estate taxes payable in years prior to the year of Closing, together with penalty, interest and costs, shall be paid by Seller not later than the Date of Closing. B. Real Estate Taxes Payable in the Year of Closing. Seller and Buyer shall prorate all general real estate taxes due and payable on or pertaining to the Property in the year in which the Date of Closing occurs on a per diem basis. Seller shall pay on or before the Date of Closing all levied and pending special assessments associated with the Property, due and payable as of the date of this Agreement. Seller shall pay penalty, interest and costs on any delinquent installment of taxes and special assessments payable prior to the Date of Closing. C. Certified Special Assessments. All installments of special assessments certified for payment with the real estate taxes payable on the Property in the year of Closing shall be prorated and paid by Seller and Buyer at Closing. D. All Other Levied Special Assessments. Seller shall pay on the Date of Closing all other special assessments levied against the Property due and payable as of the date of this Purchase Agreement. 7. SELLER S BOUNDARY LINE, ACCESS, RESTRICTIONS AND LIEN WARRANTIES. Seller warrants that, to its actual knowledge, buildings on adjoining real property, if any, are entirely outside of the boundary lines of the Property. Seller warrants that, to its actual knowledge, there has been no labor or material furnished to the Property for which payment has not been made. Seller warrants that, to its actual knowledge, there are no present violations of any restrictions relating to the use or improvement of the Property. These warranties shall survive for a period of ninety (90) days from the delivery of the Deed. 8. ACCESS PRIOR TO CLOSING. Upon reasonable notice to Seller, Buyer and Buyer s authorized agents shall have the right for a period of sixty (60) days after the date of this Agreement (the Due Diligence Period ) to enter in and upon the Property in order to make, at Buyer s expense, surveys, measurements, soil tests and other tests that Buyer shall deem necessary. Buyer agrees to restore any resulting damage to the Property and to indemnify, hold harmless and defend Seller from any and all claims by third persons of any nature whatsoever arising from Buyer s right of entry hereunder, including all actions, proceedings, demands, assessments, costs, expenses and attorneys' fees. Buyer shall not Page 44 of 109

45 perform any invasive testing of the Property without Seller s prior written consent. Seller s consent may be conditioned upon any restrictions that Seller deems necessary. 9. POSSESSION. Seller shall deliver possession of the Property not later than the actual Date of Closing. 10. TITLE INSURANCE BY SELLER. Within thirty (30) days of the date of this Agreement, Buyer shall be responsible for obtaining from Land Title, Inc. (the Title Company ) title evidence and reviewing title to the Property. Buyer shall be allowed thirty (30) days after the receipt of the title commitment for examination of title and making any objections, which shall be made in writing or deemed waived. 11. TITLE CORRECTIONS AND REMEDIES. Seller shall have 120 days from receipt of Buyer's written title objections to make title marketable. Upon receipt of Buyer's title objections, Seller shall, within ten (10) business days, notify Buyer of Seller s intention to make title marketable within the 120 day period. Liens or encumbrances for liquidated amounts which can be released by payment or escrow from proceeds of closing shall not delay the closing. Cure of the defects by Seller shall be reasonable, diligent, and prompt. Pending correction of title, all payments required herein and the closing shall be postponed. Upon correction of title and within ten (10) days after written notice to Buyer, the parties shall perform this Agreement according to its terms. If no such notice is given or if notice is given but title is not corrected within the time provided for, the Buyer (at Buyer's option) shall have the right to: (a) terminate this Agreement in which case the Earnest Money will be returned to Buyer and the parties will have no further rights, duties or obligations hereunder, except those obligations that expressly survive termination, or (b) accept title to the Property subject to the objections Seller has elected not to cure, without reduction in the amount of the Purchase Price, in which case such objections to title will be deemed to have become Permitted Exceptions. 12. NOTICES. All notices required herein shall be in writing and delivered personally or mailed to the address as shown at Paragraph 1, above and if mailed, are effective as of the date of mailing. 13. MINNESOTA LAW. This contract shall be governed by the laws of the State of Minnesota. 14. WELL DISCLOSURE. [Check one of the following: ] X Seller certifies that Seller does not know of any wells on the Property. Wells on the Property are disclosed by Seller on the attached Well Disclosure form. 15. DISCLOSURE OF INDIVIDUAL ON-SITE SEWAGE TREATMENT SYSTEM. [Check one of the following: ] X Seller certifies that Seller does not know of any individual on-site sewage treatment systems on the Property. Individual on-site sewage treatment systems on the Property are disclosed by Seller on the attached Disclosure form. Page 45 of 109

46 16. SELLER S COVENANTS, REPRESENTATIONS AND WARRANTIES. A. Seller as part of the consideration therefore, represents, warrants, and covenants with Buyer and its successors and assigns that: (1) to Seller s actual knowledge, and without any investigation by Seller, no entity or person has, at any time: a) "released" or actively or passively consented to the "release" or "threatened release" of any Hazardous Substance (as defined below) from any "facility" or "vessel" located on or used in connection with the Property or adjacent tracts in violation of applicable laws; or b) taken any action in "response" to a "release" in connection with the Property or adjacent tracts; or c) otherwise engaged in any activity or omitted to take any action which could subject Seller or Buyer to claims for intentional or negligent torts, strict or absolute liability, either pursuant to statute or common law, in connection with Hazardous Substances (as defined below) located in or on the Property or adjacent tracts, including the generating, transporting, treating, storage, or manufacture of any Hazardous Substance (as defined below) in violation of applicable law. The terms set within quotation marks above shall have the meaning given to them in the Comprehensive Environmental Response and Liability Act, 42 U.S.C. Sec et seq., as amended ("CERCLA") and any state environmental laws. (2) Seller has the present full authority and power to execute this Agreement and, on or prior to the Date of Closing, Seller shall have the full authority and power to close the sale of the Property. (3) As of the Closing Date there will be no outstanding or unpaid claims, actions or causes of action related to any transaction or obligation entered into or incurred by Seller with respect to the Property prior to the date hereof. (4) Seller is not a foreign person as defined in 1445(f)(3) of the Internal Revenue Code or regulations issued thereunder. (5) To Seller s actual knowledge, there is no action, litigation, investigation, condemnation or other proceedings of any kind pending or threatened against Seller with respect to the Property. Page 46 of 109

47 B. Buyer acknowledges and agrees that except as specifically set forth in this Agreement the Property is being sold in an as-is, where-is condition and with all faults, without warranty or representation of any kind, express or implied, as to the condition, suitability or desirability of the Property. Buyer acknowledges that Seller has not agreed to perform any work on or about the Property as a condition to Buyer s purchase of the Property. Buyer further acknowledges that in purchasing the Property it is relying solely upon its right to enter the Property and conduct such observations, tests and investigations as it deems reasonably appropriate in connection with the Property. C. All of Seller s covenants, representations and warranties in this Agreement shall be true as of the date hereof and of the Closing Date, and shall be a condition precedent to the performance of Buyer's obligations hereunder. If Buyer discovers that any such covenant, representation, or warranty is not true, Buyer may elect prior to Closing, in addition to any of its other rights and remedies, to cancel this Agreement, or Buyer may postpone the Closing Date up to ninety (90) days to allow time for correction. If Buyer elects to proceed with the Closing following such discovery, Buyer shall be deemed to have waived its rights to assert a claim against Sellers arising from the inaccuracy or untruthfulness of any such covenant, representation, or warranty. D. PROTECTED HISTORICAL SITES. [Select either (1) or (2) below:] Sellers represents that Sellers do not know if there are historical, native American, or archeological materials on or in the Property that might be protected by law. X Sellers represent to the best of Seller s knowledge that the property does not have any American Indian burial grounds, other human burial grounds, ceremonial earthworks, historical materials, and/or other archeological sites that are protected by federal or state law. Buyer s obligation to close is contingent upon Buyer determining to Buyer s satisfaction that the property does not have any American Indian burial grounds, other human burial grounds, ceremonial earthworks, historical materials, and/or other archeological sites that are protected by federal or state law. E. Except as otherwise specifically set forth in this Agreement to the contrary, all of Seller s covenants, representations and warranties made under this Agreement shall survive until June 1, CLOSING. The closing (the Closing ) shall be at a location designated by Buyer. The Closing shall take place on or before November 1 st, 2018, or at such other time as agreed upon by the parties. Unless otherwise agreed by the parties in writing, in the event that any of the contingencies provided for in this Agreement are not satisfied prior to the Date of Closing, this Agreement shall be null and void and of no further force and effect. At closing, Seller and Buyer Page 47 of 109

48 shall disclose their Social Security Numbers or Federal Tax Identification Numbers for the purposes of completing state and federal tax forms. 18. CLOSING DOCUMENTS. A. At the Closing, Seller shall execute and/or deliver to Buyer the following (collectively the "Closing Documents"): (1) Warranty Deed. A Warranty Deed in recordable form and reasonably satisfactory to Buyer, which shall include the following well representations: Seller certifies that the Seller does not know of any wells on the described Property. (2) Seller s Affidavit. A standard form affidavit by Seller indicating that on the date of Closing there are no outstanding, unsatisfied judgments, tax liens or bankruptcies against or involving Seller or the Property; that there has been no skill, labor or material furnished to the Property for which payment has not been made or for which mechanic's liens could be filed; and that there are no other unrecorded interests in the Property. (3) Non-Foreign Person Certification. A certification in form and content satisfactory to the parties hereto and their counsel, properly executed by Seller, containing such information as shall be required by the Internal Revenue Code, and the regulations issued thereunder, in order to establish that Sellers are not a foreign person as defined in 1445(f)(3) of such Code and such regulations. (4) Storage Tanks. If required, an affidavit with respect to storage tanks pursuant to Minn. Stat (5) Well Certificate. If there is a well located on the Property, a well disclosure certificate in form and substance true to form for recording. (6) Certification. A certification that the representations and/or warranties made by Seller are materially the same as were in existence on the date of this Purchase Agreement or noting any changes thereto; and (7) Other Documents. All other documents reasonably determined by either party or the title insurance company to be necessary to transfer and provide title insurance for the Property. B. At the Closing, Buyer shall execute and deliver to Seller the following: (1) The Promissory Note in the form attached as Exhibit B. Page 48 of 109

49 (2) All documents reasonably determined by either party or the title insurance company to be necessary to provide title insurance for the Property; (2) That portion of the Purchase Price to be paid by Buyer at Closing pursuant to Paragraph 3 above. 19. CLOSING COSTS. The costs relating to the closing of this transaction shall be paid as follows: A. Buyer shall pay: (1) Recording fee for the Warranty Deed; (2) The closing fees charged by the Title Company; (3) Pro-rated taxes; and (4) All costs of the premium for owner's title insurance. (5) Seller s legal and consulting fees associated with the transaction not-toexceed $5,000. B. Seller shall pay: (1) State deed tax; (2) Pro-rated taxes and assessments due and payable as of the Date of this Agreement. (3) Conservation fee attributable to the Warranty Deed; and (4) All costs of obtaining a title insurance commitment. 20. BUYER'S CONTINGENCIES. Buyer's obligations under this Agreement are contingent upon Buyer's satisfaction with each of the following ("Buyer's Contingencies"): A. Buyer determining on or before the expiration of the Due Diligence Period, that it is satisfied, in its sole discretion, with the results of matters disclosed by a Phase I Environmental Audit or by any additional environmental/engineering investigation or testing of the Property performed by Buyer or Buyer's agent. The Property is suitable for the buyers proposed use and meets the standards in the marketplace. By executing this Agreement, Seller hereby authorizes Buyer to enter upon the Property at reasonable times to conduct the investigations and/or tests described herein. Buyer shall be solely responsible for all environmental tests and shall hold Seller harmless Page 49 of 109

50 from any such costs and shall indemnify Seller for breach of this provision including reasonable attorneys' fees. B. Buyer determining that it is satisfied with the results of a survey of the Property obtained by Buyer at its cost. The seller will provide an existing survey, if any. If the Buyer's Contingencies have not been satisfied on or prior to expiration of the Due Diligence Period, then Buyer may at Buyer s Option either, (a) terminate this Agreement in which case the Earnest Money will be returned to Buyer and the parties will have no further rights, duties or obligations hereunder, except those obligations that expressly survive termination, or (b) waive any such unsatisfied contingency, without reduction in the amount of the Purchase Price, and proceed to Closing. The contingencies set forth in this Paragraph are for the sole and exclusive benefit of Buyer, and Buyer shall have the right to waive the contingencies by giving notice to Seller. 21. DEFAULT A. Buyer Default. If Buyer defaults under this Agreement and such default is not cured within 30 days after notice thereof from Seller, and provided Seller is not in default of this Agreement, then Seller as its sole and exclusive remedy may terminate this Agreement by written notice thereof to Buyer in which event the Earnest Money shall be promptly forfeited to Seller as liquidated damages (it being agreed that Seller s actual damages are impractical or extremely difficult to ascertain and that the amount of the Earnest Money represents a reasonable estimate of the damages Seller will sustain for such default) and neither party shall have any further obligations under this Agreement, except those obligations which specifically survive such termination. B. Seller Default. If Seller defaults under this Agreement and such default is not cured within 30 days after notice thereof from Buyer, and provided Buyer is not in default of this Agreement, Buyer as its sole and exclusive remedies may elect either to (i) terminate this Agreement and be relieved of its obligations hereunder in which event the Earnest Money shall be returned to Buyer and neither party shall have any further obligations under this Agreement, except those obligations which specifically survive such termination, or (ii) to enforce the specific performance of this Agreement provided any action therefor is commenced within six months after Buyer s notice of default. Buyer hereby irrevocably waives any other right or remedy for such default and Seller shall not be liable for damages on any basis whatsoever. 22. TIME IS OF THE ESSENCE. Time is of the essence for all provisions of this Purchase Agreement. Page 50 of 109

51 23. MINNESOTA LAW. This contract is governed by the laws of the State of Minnesota. 24. SIGNATURES BY COUNTERPART; FASCIMILE OR ELECTRONIC SIGNATURE. This Agreement may be executed in counterparts. Signatures may be transmitted via facsimile or in PDF format via BENEFIT. This Agreement shall be binding upon and inure to the benefit of Seller and Buyer and their respective successors and assigns. 26. RECORDING. A Memorandum of this Agreement may be recorded against the Property and be binding upon the parties, their successors, heirs, and assigns. IN WITNESS WHEREOF, Buyer and Seller have caused this Agreement to be duly executed as of the date first written above. BUYER: CITY OF LINDSTROM ATTEST: By: Keith V. Carlson, Mayor John J. Olinger, City Administrator STATE OF MINNESOTA ) ( ss. COUNTY OF CHISAGO ) The foregoing instrument was acknowledged before me this day of, 20, by Keith V. Carlson and John J. Olinger, the mayor and city administrator of the CITY OF LINDSTROM, a Minnesota municipal corporation. Notary Public Page 51 of 109

52 SELLER: CONCORDIA UNIVERSITY, ST. PAUL By: Its: STATE OF MINNESOTA ) ( ss. COUNTY OF CHISAGO ) The foregoing instrument was acknowledged before me this day of, 20, by the of CONCORDIA UNIVERSITY, ST. PAUL, a Minnesota nonprofit corporation. Notary Public DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota Telephone: (651) ABS Page 52 of 109

53 EXHIBIT A Legal Description of Property The Easterly 402 feet of Government Lot Seven (7), Section Twenty-eight (28), Township Thirty-four (34), Range Twenty (20), together with an easement for roadway/access purposes over the South 33 feet of the following described tract: The south 624 feet of Government Lot 7, lying East of Public Highway and West of the East 402 feet thereof, Chisago County, Minnesota. Page 53 of 109

54 EXHIBIT B PROMISSORY NOTE $50, St. Paul, MN, 2018 FOR VALUE RECEIVED, the CITY OF LINDSTROM, a Minnesota municipal corporation ( Borrower ) promises to pay to CONCORDIA UNIVERSITY, ST. PAUL, a Minnesota nonprofit corporation ( Lender ), the principal sum of FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00), together with interest on the unpaid principal balance thereof from the date of this Promissory Note until paid, at the rate of 0% per annum, at its business office located at 275 N Syndicate, St. Paul, Minnesota 55104, or at such other place as the holder hereof may, from time to time, designate in writing. The terms of payments shall be as follows: 1. Repayment. Payments of principal and interest due under this Promissory Note, if not sooner declared to be due in accordance with the provisions hereof, shall be made as follows: (a) (b) Principal in the amount of $25, plus any accrued and unpaid interest shall be due and payable on June 1, 2019; and Principal in the amount of $25, plus any accrued and unpaid interest shall be due and payable on June 1, Late Charge. Any payment required under this Promissory Note not received by the holder within thirty (30) days of its scheduled due date shall bear a late charge of five percent (5.00%) of the amount of such payment, which late charge must accompany the overdue payment. 3. Application of Payments. All payments made hereon shall be applied first to late charges, next to accrued interest, and the balance of any payment shall be applied in reduction of the principal balance. 4. Prepayment. The outstanding principal balance evidenced hereby may be prepaid in whole or in part without premium or penalty at any time. 5. Holidays. Whenever any payment under this Promissory Note shall be stated to be due on a Saturday, Sunday, or a public holiday under the laws of the State of Minnesota, such payment shall be made on the next succeeding business day and such extension of time shall, in any such case, be included in computing interest in connection with such payment. 6. Overdue Interest. Should any interest not be paid when it is due, the unpaid interest shall become a part of the principal and thereafter bear like interest. 7. Events of Default. Upon the occurrence of any one or more of the following (hereinafter referred to as an Event of Default ): Page 54 of 109

55 (a) (b) (c) failure by Borrower to pay within thirty (30) days of the date such payment is due and payable, except with respect to the final payment, for which there is no grace period: (i) any payment of principal on this Promissory Note, or (ii) any other sum due hereunder, together with interest thereon; Borrower shall file a voluntary petition in bankruptcy or shall be adjudicated bankrupt or insolvent, or shall file any petition or answer seeking or acquiescing in any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief for itself under any present or future federal, state or other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors; or Borrower shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of Borrower; or Borrower shall make any general assignment for the benefit of creditors, or shall admit in writing Borrower s inability to pay its debts generally as they become due; a court of competent jurisdiction shall enter an order, judgment or decree approving a petition filed against Borrower seeking any reorganization, dissolution or similar relief under any present or future federal, state or other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors, and such order, judgment or decree shall remain unvacated and unstayed for an aggregate of sixty (60) days (whether or not consecutive) from the first date of entry thereof; or any trustee, receiver of liquidator of Borrower shall be appointed without the consent of acquiescence of Borrower and such appointment shall remain unvacated and unstayed for an aggregate of sixty (60) days (whether or not consecutive); and then, at the option of the holder hereof, the entire unpaid balance of principal of this Promissory Note, together with all accrued interest and any other sums due hereunder, if such Event of Default is not cured and made good within such time and after such notice as may be required by applicable law, shall become due and payable. To the extent permitted by applicable law, the Borrower further agrees to pay to the holder hereof all reasonable attorneys fees, legal expenses and court costs incurred in enforcing the provisions of this Promissory Note, including attorneys fees, legal expenses and costs incurred in bankruptcy proceedings, appellate proceedings or postjudgment collection efforts. 8. Default Rate. Upon the occurrence of an Event of Default and irrespective of whether the holder hereof exercises its option to accelerate the maturity of this Promissory Note by reason of such Event of Default, this Promissory Note shall thereafter bear interest while such default continues at the rate of six percent (6.00%) per annum ( Default Rate ). No delay or omission on the part of the holder hereof in exercising any right hereunder or under any other instrument now or hereafter given to evidence or secure the indebtedness evidenced hereby, shall operate as a waiver of such right, or any other right hereunder, or under any of said agreements. 9. Excessive Interest. All agreements between the undersigned and the holder hereof, whether now existing or hereafter arising and whether written or oral, are expressly limited so that in no contingency or event whatsoever, whether by reason of advancement of the proceeds hereof, acceleration of maturity of the unpaid principal balance hereof, or otherwise, shall the amount paid or agreed to be paid to the holder hereof for the use, Page 55 of 109

56 forbearance or detention of the money to be advanced hereunder exceed the highest lawful rate permissible under applicable usury laws. If, from any circumstance whatsoever, fulfillment of any provision hereof, or any other agreement referred to herein, at the time performance of such provision shall be due, shall involve transcending the limit of validity prescribed by law which a court of competent jurisdiction may deem applicable hereto, then, ipso facto, the obligation to be fulfilled shall be reduced to the limit of such validity, and if from any circumstance the holder hereof shall ever receive as interest an amount which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied to the reduction of the unpaid principal balance due hereunder and not to the payment of interest, or if such excessive amount exceeds the unpaid principal balance, such excess shall be refunded to Borrower. All interest paid, or agreed to be paid to Lender, to the extent permitted by applicable law, shall be amortized, prorated, allocated and spread throughout the full period until payment in full of principal and interest of the loan, including any period of extension or renewal, so that the interest for such full period shall not exceed the maximum amount permitted by applicable law. This provision shall control every other provision of all agreements between the undersigned and the holder hereof. 10. Severability and Assignment. Every provision of this Promissory Note is intended to be severable. In the event any term or provision hereof is declared to be illegal or invalid for any reason whatsoever by a court of competent jurisdiction, such illegality or invalidity shall not affect the validity or enforceability of the remaining terms and provisions herein above set forth. 11. Waivers. The undersigned, and all sureties and all other persons liable hereon or liable for the payment of this Promissory Note severally waive presentment for payment, demand, protest, notice of nonpayment, protest of nonpayment and consent to any and all renewals, extensions and modifications which might be by the holder hereof made as to the time of payment of this Promissory Note, from time to time, and further agree that the security for this Promissory Note, or any portion thereof may, from time to time, be modified or released, in whole or in part, without affecting the liability of any party liable hereon or for the payment of this Promissory Note. 12. Applicable Law. This Promissory Note is delivered by the Borrower to Lender at Lender s principal place of business in St. Paul, Minnesota, and shall be deemed to have been made thereat. This Promissory Note shall be governed and controlled as to validity, enforcement, interpretation, construction, effect and in all other respects, including, but not limited to, the legality of interest charged hereunder, by the statutes, laws and decisions of the State of Minnesota. Time is of the essence. 13. Joint and Several Obligations. The obligations and liabilities of each Borrower under this Note shall be joint and several and shall be binding upon and enforceable against each Borrower and their respective successors and assigns. This Note shall inure to the benefit of and may be enforced by the Lender and its successors and assigns. 14. Notices. All notices, demands, requests, consents, approvals or communications required under this Promissory Note shall be in writing and shall be deemed to have been properly given if sent by hand delivery, overnight courier or certified mail, postage prepaid, addressed to the parties at the following addresses: Page 56 of 109

57 If to Borrower: If to Lender: CITY OF LINDSTROM Sylvan Avenue Lindstrom, Minnesota CONCORDIA UNIVERSITY, ST. PAUL 275 N Syndicate St. Paul, Minnesota or other such addresses as are designated by notice pursuant to this Section. IN WITNESS WHEREOF, this instrument was executed to be effective on the date first above set forth. BORROWER: CITY OF LINDSTROM, a Minnesota municipal corporation STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) By: Its The foregoing instrument was acknowledged before me this day of 2018, by, as of, a. Notary Public Page 57 of 109

58 STAFF REPORT MEETING DATE: September 20, 2018 SUBMITTED BY: Park Commission ITEM: Prairie Restoration Quote The City, with the assistance of Clark Malcolmson, Great River Greening and the US Fish and Wildlife Service established a prairie at Anderson Peninsula. As a part of the establishment, the prairie will need several years of special attention. Prairie restoration has provided a quote to maintain our prairie. The quote is $6,500 for mowing, planting and reseeding. The funding is already included in the Buckthorn/Invasive Species removal line item. There is enough in the budget to cover this cost. ACTION TO BE CONSIDERED: To approve the quote with Prairie Restoration to provide prairie maintenance on the Anderson Peninsula for 2019 Page 58 of 109

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74 MEMORANDUM TO: FROM: DATE: Honorable Mayor and City Council Members Rita Trapp, AICP, City Planner Planning Commission Meetings Over the last three months the Planning Commission has been meeting on Thursdays instead of their regular Wednesday nights so as to not conflict with Harmony in the Park. In reviewing meeting schedules Staff noted that the change to Thursday was a benefit as it ensured that there were at least two weeks between the Planning Commission and City Council meetings. This time is important in preparing minutes and resolving issues identified by the Planning Commission prior to the City Council meeting packet. At the request of Staff, the Planning Commission considered and ultimately recommended a permanent change of the Planning Commission meetings to the 1 st Thursday of the month. This change is recommended to begin on November 1, 2018, as otherwise there will only be a day between the Planning Commission meeting and the deadline for City Council packets. At the direction of the City Attorney, the City Council is requested to approve a motion which affirms the revised schedule as identified by the Planning Commission. The attached would be the revised 2018 Meeting Schedule. Page 74 of 109

75 City of Lindstrom 2018 Meeting Schedule CLJSTC 3 rd Monday of each month at 4:30 p.m., Lindstrom City Hall Cable Commission 2nd Monday of each month at 4:00 p.m. Chisago Lakes District Office (Middle School building) (May vary according to schedules check with Bob Meyer at Schools.) CITY COUNCIL 3 rd Thursday of each month at 7:00 p.m., Council Chambers EDA 2 ND Tuesday of each month at 7:30 a.m. Lindstrom City Hall Fire Relief Association April 23 and October 22 at 7:00 p.m. at the Lindstrom Fire Hall Library Commission Last Thursday of the odd months, 7:00 p.m., Chisago Lakes Area Library (January, March, May, July, September & November) Park Commission 1 st Monday of each month at 6:00 p.m. at Lindstrom City Hall PLANNING COMMISSION 1 st Thursday of each month at 6:30 p.m. at Lindstrom City Hall Police Commission 2 nd Wednesday every other month at 5:00 p.m. o Even Years: Chisago City Council Chambers o Odd Years: Lindstrom City Council Chambers o 2018 will Chisago City Council Chambers (January, March, May, July, September & November) Public Works 1 st Tuesday of each month at 10:00 a.m., Lindstrom City Hall Page 75 of 109

76 CITY COUNCIL REPORT TO: City of Lindström Mayor and City Council FROM: Rita Trapp and Beth Richmond, Consulting Planners DATE: September 12, 2018 SUBJECT: Preliminary Plat APPLICANT: FRB VIII, LLC LOCATION: Morris Trail north of 295 th Street MEETING DATE: September 20, 2018 OVERVIEW FRB Property VII, LLC has submitted a preliminary plat application to replat a townhome development previously approved on Morris Trail north of 295 th Street. The Sunset Meadows plat was originally approved in 2003 though only two buildings at the south end of the development were constructed. The applicant is proposing the construction of 7 buildings with 2 units each on approximately 2.25 acres. The site already has a partially constructed street with utilities. The applicant is seeking the replat to modify the configuration of the east side of the plat from two, four-unit buildings to four, two-unit buildings. The three buildings on the west side of the plat will remain as was originally platted. PLANNING COMMISSION REVIEW The Planning Commission reviewed the preliminary plat at their June and September meetings. While no one spoke at the September public hearing, one resident did speak at the June public hearing expressing concern about stormwater and building height. The City Engineer has been working with the applicant on stormwater management for the site. Building height will be within City requirements. The Planning Commission discussed the potential need for a turn-around for emergency vehicles. While it was not in the original approvals, the Planning Commission did recommend the Council give consideration to requiring some sort of turn around. It should be noted that there is not space for a turn-around in the plat so further exploration of how to address this condition would be needed by the applicant. After discussion the Planning Commission recommended approval of the preliminary plat with conditions. Page 76 of 109

77 SUPPLEMENTAL INFORMATION At the Planning Commission meeting the applicant shared with City Staff the approved plans for the original Sunset Meadows Plat. These construction plans included information about grading of the site that was previously unavailable to City Staff. After reviewing the construction plans, the City Engineer determined that the original grading plans can be used for the proposed Sunset Meadows 2. The grading plan from that original plan set has been included for reference. The entire plan set is available at City Hall. The City Engineer recommends that the following conditions be included in any approval of the preliminary plat: 1. Applicant must dedicate drainage and utility easements at a 1.5(horizontal):1(vertical) slope from the as-built invert of any public utility to allow the City to maintain the public utilities. 2. Applicant shall provide an as-built, following the construction of the proposed structures, demonstrating that the grading on the site is consistent with the proposed grading plan prepared by Proterra Design Associates dated 6/3/2003 (original grading plan). 3. Applicant shall verify the emergency overflow elevation on the adjacent property to the east, shown as on the original grading plan. All lowest finished floor elevations on proposed structures shall be at least one (1) foot above the verified emergency overflow elevation. 4. For any proposed finished floor elevation that differs from the original grading plan, the applicant must demonstrate that there is a minimum of six (6) inches elevation drop within ten (10) feet of the building foundation and positive drainage away from all structures. All stormwater conveyance facilities, including swales, shall be fully encompassed in a drainage and utility easement, if required. RECOMMENDATION Given Planning Commission and Staff recommendation of approval for the request, a draft resolution has been prepared for your consideration. ATTACHMENTS Draft Resolution approving the Preliminary Plat September 5, 2018 Planning Commission packet Grading plan from original plan set Page 77 of 109

78 CITY OF LINDSTROM CHISAGO COUNTY, MINNESOTA RESOLUTION NO RESOLUTION APPROVING THE PRELIMINARY PLAT FOR SUNSET MEADOWS PLAT 2 WHEREAS, on May 18, 2018, a complete application for preliminary plat was received from FRB Property VIII, LLC, for the property as legally described in Exhibit A; and WHEREAS, the subject site is generally located north of 295 th Street on Morris Trail; and WHEREAS, the applicant is proposing to create 14 townhome units in 7 buildings as Sunset Meadows Plat 2; and WHEREAS, the City received a letter of extension from the applicant on September 3, 2018 allowing an extension of the review process to October 19, 2018; and WHEREAS, on June 7, 2018, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission, acting as the Board of Adjustment and Appeals, held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on June 7, 2018, the Planning Commission tabled the request to allow more time for the applicant to address concerns raised about the plat; and WHEREAS, on September 5, 2018, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission, acting as the Board of Adjustment and Appeals, held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on September 5, 2018, the Planning Commission recommended approval of the preliminary plat subject to conditions; and WHEREAS, the City has considered the proposed project as it might affect public health, safety, or welfare and will be imposing conditions upon the approval addressing these considerations; and WHEREAS, the City Council studied the practicality of the request, taking into consideration the present and future development of the property and the requirements of the Zoning, Subdivision Ordinances, and other official controls. NOW, THEREFORE, BE IT RESOLVED that the City Council of Lindstrom, Minnesota hereby approves the requested preliminary plat as described above based on one or more of the following findings of fact concerning this property and subject to the following conditions: Page 78 of 109

79 FINDINGS OF FACT: A1. The proposed preliminary plat proposes relatively minor changes to an already approved preliminary plat. A2. The relatively flat topography of the site lends itself to the development of the site for townhomes. A3. The proposed preliminary plat is consistent with the design standards and other requirements of Chapter 154 (Zoning) of the Code. A4. The proposed development will not have a negative fiscal or environmental impact upon the City as the applicant shall be responsible for meeting stormwater management requirements and completing the final lift on the existing street. A5. The proposed development has sufficiently considered traffic impacts and access by completing the originally envisioned street system and by providing a connection for future development. A6. The proposed development will not negatively impact the public health, safety or welfare of the community. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. CONDITIONS: B1. Applicant shall provide a turnaround at the north end of the street. B2. A drainage and utility easement vacation application must be submitted prior to the submittal of the final plat. B3. Applicant must dedicate drainage and utility easements at a 1.5(horizontal):1(vertical) slope from the asbuilt invert of any public utility to allow the City to maintain the public utilities. B4. Applicant shall provide an as-built, following the construction of the proposed structures, demonstrating that the grading on the site is consistent with the proposed grading plan prepared by Proterra Design Associates dated 6/3/2003 (original grading plan). B5. Applicant shall verify the emergency overflow elevation on the adjacent property to the east, shown as on the original grading plan. All lowest finished floor elevations on proposed structures shall be at least one (1) foot above the verified emergency overflow elevation. B6. For any proposed finished floor elevation that differs from the original grading plan, the applicant must demonstrate that there is a minimum of six (6) inches elevation drop within ten (10) feet of the building foundation and positive drainage away from all structures. All stormwater conveyance facilities, including swales, shall be fully encompassed in a drainage and utility easement, if required. B7. Applicant shall establish a Homeowners Association. B8. Prior to the construction of any structure the applicant shall provide the City with information about the proposed landscaping. B9. Applicant shall be responsible for the procurement of any and/or all local or public agency permits including, but not limited to, the submittal of all required information for building permit issuance. B10. Applicant shall be responsible for payment of all costs associated with the preliminary plat application. B11. The City shall record the resolution with Chisago County. Applicant is advised that the resolution will not be recorded until all conditions have been met. B12. Any other conditions identified by Staff, the Planning Commission, or City Council as part of the review and approval process. Page 79 of 109

80 DECISION: The Applicant s request for a preliminary plat is hereby approved. PASSED AND ADOPTED by the City Council of the City of Lindstrom, Minnesota this 20 th day of September, ATTEST: John Olinger, City Administrator BY: Keith Carlson, Mayor Page 80 of 109

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89 PLANNER S REPORT TO: FROM: DATE: Honorable Mayor and City Council Members Rita Trapp, AICP, City Planner September 12 th for the September 20 th City Council Meeting The following are projects that planning has been involved with over the last month: Northland Lindstrom (Meredees/Dinnerbel) Staff is working with the applicant to prepare for consideration of the land use and subdivision applications at the September 25 th City Council Special Meeting. Rose Hill Senior Living Facility Staff is working with the applicant to prepare the final plat for the project to be considered at the October meeting. A special meeting will be held on September 27 th at 4:30 p.m. to address the vacation of Lehigh Avenue and the footpath. Morning Sun Development Staff is working with the applicant to prepare the final plat for the 3 rd Addition to be considered at the October meeting. A special meeting will be held on September 27 th at 4:30 p.m. to address the five-foot vacation of Newport Curve. Sunset Meadows Staff is working with the applicant to prepare the preliminary plat for City Council consideration. Enchanted Cove Staff is waiting on the applicant for final signatures. Lindstrom Commons Staff is working with the consultant to prepare the final plat. Recent development approvals under construction include: o Lake Region EMS Facility o Plastics Products Headquarters renovation and parking lot o Sherman Plat o Chisago Lakes High School Community Center Chisago Lakes Golf Estates Staff is waiting for concept plan from the applicant. Overgaard Subdivision Staff is waiting for concept plan from the applicant. Page 89 of 109

90 MINUTES CITY OF LINDSTROM PLANNING COMMISSION MEETING WEDNESDAY, SEPTEMBER 5, :30P.M. Lindstrom Council Chambers Sylvan Ave., Lindstrom, MN CALL TO ORDER/PLEDGE: Chair Klun called the meeting to order at 6:30 p.m. CALL OF ROLL: Members Present: Members Absent: Others Present: Chair Mike Klun; Commissioners Jim Swanberg, Kevin Backer, Greg Donovan, Laurie Burington, and Judy Chartrand Orris Erlandson City Administrator John Olinger, Deputy Clerk Melissa Glenna; Council Liaison Dave Waldoch, City Planner Rita Trapp, Kevin Stenson; Steve Cerven, Sunset Meadows. CONSIDERATION OF AGENDA: Motion by Backer, second by Chartrand, to approve the agenda. Motion passed 6-0. CONSIDERATION OF MINUTES: Motion by Swanberg, second by Burington, to approve the August 2, 2018, minutes as presented. Motion passed 6-0. PUBLIC HEARINGS/PRESENTATIONS: 1. Sunset Meadows Preliminary Plat Motion by Chartrand, second by Swanberg, to open the Public Hearing for Sunset Meadows Preliminary Plat at 6:34pm. Motion passed 6-0. The public hearing notice was published in the Chisago County Press and posted on August 23, 2018, and the public hearing notice was mailed to all affected property owners located within 350 feet of the subject properties. Planner Rita Trapp explained that Sunset Meadows is a re-plat of a 14 unit townhome development on Morris Trail north of 295 th Street which was previously approved in buildings with 2 units Page 90 of 109

91 each (14 townhomes) on 2.25 acres is proposed which is in Blocks 3, 4, and 5 on the northern end. She commented that the as-builts were never given to the City. She noted a public hearing was held in June where one neighboring resident spoke and expressed concern about stormwater and the height of the structures. The City Engineer ensured that stormwater will be handled on-site. Also, the homes will be limited to the City s maximum building height of 35 feet. The City Engineer explained the utilities will be owned by the City. The street is private which includes the concrete curb and service laterals. He noted walkouts will be on the east side and slab on grade will be on the west side. The stormwater facility will be located on the west side. Herdegen also noted that the existing drainage and utility easement will need to be vacated and a new drainage and utility easement will need to be established. He clarified that the applicant has reduced the impervious surface. Chair Klun expressed concern about the lack of a turnaround or cul-de-sac at the end of the street for emergency vehicles. It was discussed that the original plat was approved with no turn around and that there is not space within the current plat to accommodate it. The plat as proposed is part of a larger plan to extend the road all the way north to the next City street. It was noted by the Planning Commission that the City has been requiring recent plats to have turn-arounds, even temporary ones. Chair Klun asked for public comment. None was given. Motion by Swanberg, second by Erlandson, to close the public hearing for Sunset Meadows Preliminary Plat at 6:40pm. Motion passed 6-0. Motion by Swanberg, second by Backer, recommend approval to Council of the Sunset Meadows Preliminary Plat with 10 conditions and findings of fact. Motion passed The Planning Commission indicated Applicant shall provide a turnaround at the north end of the street. 2. A drainage and utility easement vacation application must be submitted prior to the submittal of the final plat. 3. Applicant must dedicate drainage and utility easements at a 1.5H:1V slope from the as-built utility to allow the City to maintain the public utilities. 4. Applicant shall provide an as-built demonstrating that the grading on the site follows the existing grading plan. 5. The applicant shall provide a landscaping plan to be reviewed and approved by City staff prior to construction. 6. Applicant shall establish a Homeowners Association. 7. Applicant shall be responsible for the procurement of any and/or all local or public agency permits including, but not limited to, the submittal of all required information for building permit issuance. Page 91 of 109

92 8. Applicant shall be responsible for payment of all costs associated with the preliminary plat application. 9. The City shall record the resolution with Chisago County. Applicant is advised that the resolution will not be recorded until all conditions have been met. 10. Any other conditions identified by Staff, the Planning Commission, or City Council as part of the review and approval process. BUSINESS: 1. Development Updates-Olinger went over the current developments in the City. Miscellaneous: It was the consensus of the Planning Commission to change the Planning Commission meeting day to the 1 st Thursday of each month starting in November of This way there will be two weeks between Planning and Council meetings every month. ADJOURNMENT: Motion by Chartrand, second by Burington, to adjourn the meeting at 7:25 p.m. Motion passed 6-0. Respectfully Submitted, Melissa Glenna, Deputy Clerk Page 92 of 109

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103 STAFF REPORT MEETING DATE: September 20, 2018 SUBMITTED BY: EDA ITEM: Mr. Michael Hursh fill empty seat Mike Hursh was asked if he would be interested in being on the EDA since Randy Diers resigned. Mr. Hursh has agreed and the EDA recommends Council accept his appointment. ACTION TO BE CONSIDERED: To accept the appointment of Mike Hursh for the EDA. Page 103 of 109

104 EDA Meeting Minutes September 11, 2018 Members Present: Chair Sheryl Campbell, Rob Doherty, Jim McCarville, AnnMarie Brink, Kevin Stenson, Greg Shaleen (arrived 7:40am) Members Absent: Keith Carlson Also Present: City Administrator John Olinger, Chisago County HRA/EDA Director Nancy Hoffman, Deputy Clerk Melissa Glenna, Gary Gerke, Mike Hursh; Craig Gornik Call to Order / Pledge: Chair Campbell called the meeting to order at 7:30 a.m. Consideration of Agenda: Olinger added to Strengthening the Core: Fascia Loan for Bean Counters Tax & Accounting. Motion by Doherty, second by Brink, to approve the agenda as amended. Motion passed 5-0. Consideration of Minutes: Motion by Doherty, second by Brink, to approve the minutes from the August 15, 2018, meeting. Motion passed 5-0. Citizen/Public Comment: None. Business Items: 1. Recomnendation to Appoint: Randy Dier s resignation left a vacancy on the EDA. The EDA members recommended Mike Hursh be offered the position. Mike Hursh accepted the offer. Motion by Brink, second by McCarville, to appoint Mike Hursh to the EDA to complete Mr. Dier s term. Motion passed Strengthening the Core: Fascia Loan Program: There were two inquiries for fascia loans. Bean Counters Tax and Accounting submitted an application to replace fascia on the front and side as well as cedar shakes on their building and replace curbs and sidewalk on their property. Craig Gornik, owner, explained the difficulty he had in obtaining two quotes for each project. He was only able to obtain one quote for each. Motion by Brink, second by Doherty, to approve a $5,000 Fascia Loan for 10 years at 1% interest for Bean Counters Tax & Accounting, Craig and Janell Gornik, owners. Motion passed 5-0. Greg Shaleen entered the meeting 7:40am. Highway 8 Task Force Update: Council Member Stenson stated that the next meeting will be in October. He also explained that County Commissioner George McMahon assisted with obtaining $3 million from the state to be utilized for creating 4 lanes on Hwy 8 from Forest Lake to Karmel Ave in Chisago City. Page 104 of 109

105 Available Lindstrom Properties: Big Scotts has 2 spaces open currently. Greg Shaleen stated there has been an offer made on the Holmquist building. Variety of Goods and Services: 3. Elms Estates: Olinger informed the EDA that the owner of Elms Estates sent a letter to their residents explaining that the park will be closing September 1, Development Projects: Olinger informed the EDA Commissioners of the status of the development projects in Lindstrom. 5. Summary of Development Projects: Olinger reviewed the Economic Development Plan. Correspondence: Hoffman informed the EDA Commissioners that that a Fall Economic Summit will be held on Friday, September 28, at 9:30am at the North Branch EMS building. Three economists will be speaking. A free lunch will also be provided. Adjournment: Motion by Doherty, second by Brink, to adjourn the meeting at 8:46 a.m. Motion passed 6-0. Respectfully submitted, Melissa (Missy) Glenna Deputy Clerk Page 105 of 109

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