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Regular City Council Meeting Agenda June 15, 2017 Page 1 of 108 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: POLICE: 1. Police Commission Report – Carlson/Stenson 2. LAPD Monthly Report – Chief Schlumbohm (verbal) FIRE DEPARTMENT: 1. Monthly Report (pg. 4) 2. Soulis House (pg. 5) CONSENT AGENDA: 1. City Council Minutes May 18, 2017 – Regular Council Meeting (pgs. 6-16) 2. City Council Minutes May 31, 2017 – Council Work Session (pgs. 17-21) 3. 2017-2018 Liquor License Renewals (pg. 22) 4. Pay Equity Compliance Report (pgs. 23-25) 5. Bills List for Approval (pgs. 26-43) GENERAL BUSINESS ITEMS: 1. Tax Forfeited Parcel 15.00830.48 – (pgs. 44-47) 2. North Center / North Lindstrom Lakes Channel – (pgs. 48-49) 3. Liquor Ordinance Revision – Hours of Operation (pg. 50) AGENDA LINDSTROM CITY COUNCIL MEETING THURSDAY, JUNE 15, 2017 7:00 P.M. Lindstrom City Hall 13292 Sylvan Ave., Lindstrom, MN

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  • Regular City Council Meeting Agenda –June 15, 2017

    Page 1 of 108

    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: POLICE:

    1. Police Commission Report – Carlson/Stenson 2. LAPD Monthly Report – Chief Schlumbohm (verbal)

    FIRE DEPARTMENT:

    1. Monthly Report (pg. 4) 2. Soulis House (pg. 5)

    CONSENT AGENDA:

    1. City Council Minutes May 18, 2017 – Regular Council Meeting (pgs. 6-16)

    2. City Council Minutes May 31, 2017 – Council Work Session (pgs. 17-21)

    3. 2017-2018 Liquor License Renewals (pg. 22)

    4. Pay Equity Compliance Report (pgs. 23-25)

    5. Bills List for Approval (pgs. 26-43)

    GENERAL BUSINESS ITEMS:

    1. Tax Forfeited Parcel 15.00830.48 – (pgs. 44-47) 2. North Center / North Lindstrom Lakes Channel – (pgs. 48-49) 3. Liquor Ordinance Revision – Hours of Operation (pg. 50)

    AGENDA

    LINDSTROM

    CITY COUNCIL MEETING

    THURSDAY, JUNE 15, 2017

    7:00 P.M.

    Lindstrom City Hall

    13292 Sylvan Ave., Lindstrom, MN

  • Regular City Council Meeting Agenda –June 15, 2017

    Page 2 of 108

    PLANNING BUSINESS: 1. Interim Use Permit Request – Richard Berget, 12520/12550 Lake Boulevard (pgs. 51-53)

    2. Variance Request – Dustin & Megan Wolowicz, 12587 Bronson Avenue (pgs. 54-59)

    3. Variance Request – Heather Holmberg & Hank Senger, 13406 N 3rd Avenue (pgs. 60-64)

    4. Conditional Use Permit – Kyle & Erin Johnson / Northern Property, 12190 Lake Lane (pgs. 65-72)

    5. Update & Review – Flug/Waldoch

    a. June 6, 2017 Minutes Provided (pgs. 73-81)

    ENGINEERING BUSINESS: 1. Engineers Update (pgs. 82-89)

    a. 2017 Building Demolition Project b. Memorial Park Trailhead Improvement Project c. Kaffe Kanna Park Improvement Project

    2. Public Works Committee – Update & Review – Stenson/Flug

    a. June 6, 2017 Minutes Provided (pgs. 90-91) b. Public Sanitary Sewer Maintenance Policy (pgs. 92-97)

    COMMISSION/COMMITTEE REPORTS:

    CLJSTC: 1. Update & Review – Carlson/Flug

    a. Meeting was May 15th

    Cable Commission: 1. Update & Review – Brink – meeting is June 12th

    EDA:

    1. Update & Review – Carlson/Brink – no meeting in July

    Finance: 1. Monthly Report (pgs. 98-100) 2. Liquor Store On-Sale and Off-Sale Reports (pgs. 101-102)

    Library:

    1. Update & Review – Carlson a. Meeting was May 25th

    Park Commission:

    1. Update & Review – Brink a. June 5, 2017 Minutes Provided (pgs. 103-106)

    2. Oak Street access (pgs. 107-108)

    DISCUSSION/MISC: CORRESPONDENCE: ADJOURNMENT:

  • Regular City Council Meeting Agenda –June 15, 2017

    Page 3 of 108

    CALENDAR REVIEW/UPCOMING DATES: June 12 4:00 p.m. – Cable Commission

    June 13 7:30 a.m. – EDA - CANCELLED

    June 13 7:00 p.m. – Karl Oskar Days Committee

    June 14-16 LMC CONFERENCE

    June 15 7:00 p.m. – City Council

    June 19 4:30 p.m. – CLJSTC

    June 20 7:00 p.m. – Karl Oskar Days Committee

    June 27 7:00 p.m. – Karl Oskar Days Committee

    July 4 HOLIDAY – CITY HALL CLOSED

    July 10 4:00 p.m. – Cable Commission

    July 10 6:30 p.m. – Planning Commission

    July 11 10:00 a.m. – Public Works

    July 12 5:00 p.m. – Police Commission

    July 12 – 16 KARL OSKAR DAYS

    July 17 4:30 p.m. – CLJSTC

    July 20 7:00 p.m. – City Council

    July 27 7:00 p.m. – Library Commission

    July 31 6:00 p.m. – City Council Work Session

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    Lindstrom Fire Department Monthly Report for

    May 2017

    To: Lindstrom City Council From: Lindstrom Fire Dept. During the month May we had 7 calls and our monthly meeting and drill. Date: Location: Situation: Hours worked: 05/04/17 29400 Olinda Tr. Fire Alarm/cancelled in route 04 05/06/17 Olympic/280

    th Motorcycle Accident 10

    05/19/17 HWY */20 Accident Clean-Up 02 05/19/17 28110 Old Town Rd. Mutual Aid to Chisago/House Fire 32 05/19/17 28110 Old Town Rd. Rekindle on House Fire 18 05/25/17 32728 Ivy Wood Trail Hit Gas Line 05 05/29/17 13365 Ackerson Ct. Lift Assist 09 May Drill meeting we had 22 members attend = 66 hrs. May Meeting we had 23 members attend= 46 hrs. May Truck Detail is 8 hours x 4 weeks = 32 hrs May Station Detail is 6 hours x 4 weeks = 24 hrs.

    Total Volunteer Hours = 248 Running Total = 1,173

    Respectfully Submitted By: David Paehlke Secretary of the Lindstrom Volunteer Fire Department

  • Regular City Council Meeting Agenda –June 15, 2017

    Page 5 of 108

    STAFF REPORT

    MEETING DATE: June 15, 2017

    SUBMITTED BY: Administrator Olinger

    ITEM: Soulis House

    Staff has been assessing the Soulis House to prepare it for rental. At this point, the house needs the following work

    before it is suitable to rent out:

    Carpet $3,200

    Paint $3,500

    Misc Maintenance – ceilings, walls, doors $2,000

    Total Preliminary Estimate $8,700

    Is it worth it? Or, should the City proceed with demolition of the building?

    ATTACHMENTS:

    REQUESTED ACTION: Direct Staff on how to proceed.

  • Regular City Council Meeting Agenda –June 15, 2017

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    CALL TO ORDER/PLEDGE:

    Mayor Carlson called the meeting to order at 7:00 p.m. CALL OF ROLL:

    Members Present: Mayor Keith Carlson; Council Members Curt Flug, Kevin Stenson, Dave Waldoch

    Members Absent: Council Member AnnMarie Brink

    Others Present: Administrator John Olinger, Attorney Amy Schutt, Finance Director Kay Mattson, Deputy Clerk Kathy George, Engineer Jon Herdegen, Denise Martin of the Chisago County Press, Police Chief Bill Schlumbohm, City Auditor Andy Berg, Bruce & Cindy Jacobsen, J.D. Harris, Wendy Redland, Tangi Schaapveld, Gary Schumacher, Frank Bartoletti, Derek Anklan

    CONSIDERATION OF AGENDA:

    Additions: 288th Street Repair

    Deletions: None

    Motion by Flug, second by Waldoch, to approve the agenda with the addition. Motion passed 4-0. PUBLIC FORUM: Mayor Carlson called for public forum. None was offered. PUBLIC HEARINGS/PRESENTATIONS:

    1. America’s Best Communities Finalist Presentation – Tangi Schaapveld and Wendy Redland were present to update the Council on the outcome of the ABC Competition. The grand prize winners were announced on April 19th. The three top winners were:

    Huntington, West Virginia – 1st Place - $3,000,000 Lake Havasu City, Arizona – 2nd Place - $2,000,000

    Statesboro, Georgia – 3rd Place - $1,000,000

    MINUTES

    LINDSTROM

    CITY COUNCIL MEETING

    THURSDAY, MAY 18, 2017

    7:00 P.M.

    Lindstrom City Hall

    13292 Sylvan Avenue

    Lindstrom, MN

  • Regular City Council Meeting Agenda –June 15, 2017

    Page 7 of 108

    Schaapveld stated that although Chisago Lakes was not one of the top three, a lot of progress has been made that will benefit the community. The ABC Committee is meeting with the Initiative Foundation next week to discuss next steps. A Bush Foundation grant application will be submitted for the Higher Education initiatives. Four core groups have been established through the ABC process:

    Arts, Culture & Tourism, which has worked on marketing, branding, a new logo, new maps, a website, and is pursuing a lodging tax to help fund the marketing efforts. Broadband, which has achieved installing 5 hot spots (one in each of the five towns), and has acquired equipment for two teleconference sites for public use. Economic Development, which has been working on workforce, solar, and clean energy initiatives. Quality of Life, which is focusing on healthy living initiatives, the Chisago Lakes Water Trail, and supporting the development of the Swedish Immigrant Trail.

    Each team is working on setting short and long term goals. Council Member Flug stated that the ABC initiative really drew the five communities together (Chisago City, Lindstrom, Center City, Shafer, and Taylors Falls). He commended the committees and all the people involved in the efforts. Schaapveld reported that several awards have been received due to the collaboration that has taken place. She further stated that the committee has been working with the State Health Improvement Program to offer worksite wellness programs. She thanked the City of Lindstrom for the wonderful support offered during the entire process. Council Member Waldoch suggested that the City Administrator draft a letter of thanks to the ABC committee for the Mayor’s signature.

    2. 2016 Audit Presentation – Abdo Eick & Meyers - Andy Berg was present on behalf of Abdo, Eick & Meyers LLP

    to present the 2016 audited financial statements. He informed the Council that the City received an unmodified opinion, which is the best opinion possible. He added that City Staff do an outstanding job on preparing the financial statements. Berg then reviewed summaries of various funds as follows:

    General Fund: The City’s policy requires the general fund to have an unassigned balance of 45% of the following year’s budgeted expenditures. The City’s unassigned fund balance has been consistently more than the required 45% for the past several years, with 53.7% at the end of 2016. In 2016, the fund balance increased by $176,036. Revenues were over budget mainly due to property taxes ($11,104), franchise taxes ($16,377), and miscellaneous revenues ($55,271) mostly due to donations, insurance reimbursements, and event revenue. Expenditures were under budget ($28,537), except for general government (over by $13,978) due to increasing the planning expenditures, and culture and recreation (over by $5,872). General government expenditures for Lindstrom come out to be $96 per capita, compared to $133 per capita in a peer group which is comprised of Cities of the 4th Class with populations of 2,500 – 10,000.

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    Special Revenue Funds: Berg noted that the fund balance for the Library was spent down. Mayor Carlson pointed out that those funds were donated from a benefactor’s estate for the Lindstrom Library and the balance was used last year for some play equipment at the Chisago Lakes Library. The Fund Balance for the nonmajor Special Revenue Funds is $139,907 (Library, Cemetery Perpetual Care, SCDP, Construction Mitigation Grant, and Compost). Berg reviewed the fund balances of the various Capital Project Funds, noting that the funds in deficit (TIF5 $399,818; TIF1-6 $41,209; 288th Street $10,724; and Fire Department Building $35,316) should continue to be monitored with the goal of eliminating the deficits. Overall, the total fund balance of the Capital Project Funds is $1,015,532, an increase of $193,830.

    Debt Service Funds: Berg stated that the total of all outstanding debt for the City is $3,136,592, with $1,395,351 in total assets, and a cash balance of $970,409. He stated that the City should continue to monitor the fund balances to make sure there are sufficient funds to make the payments.

    Water & Sewer Funds: Water Fund receipts were slightly less than operating costs and debt payments. The Water Fund cash balance is $2,199,522, which is well above the minimum target balance, which is the amount to cover debt service and 35% of operating costs. Berg stated that there is sufficient cash balance for future projects. The Sewer Fund receipts were greater than the operating costs and debt payments. The Sewer Fund cash balance is $1,572,188, which is an increase of $177,869 over 2015, and is also well above the minimum target balance amount.

    Liquor Store On-Sale: Sales decreased by $17,643, with cost of sales also decreasing by $11,511. Operating expenses increased by $6,735. Operating income decreased by $13,052. Gross profit decreased by $6,132. Income before transfers was $58,492. $44,050 was transferred to other City funds. Cash balance for the fund is $171,172. Gross profit margin is at 14.6%, with sales down and expenses up a little.

    Liquor Store Off-Sale: Sales increased by $19,689, with cost of sales decreasing by $51,961, for an increase in gross profit of $71,650. Income before transfers was $186,838. $142,380 was transferred to other City funds. Cash balance for the fund is $162,517. The GP percentage is 26.2%, which is in line with the State wide average.

    Storm Water Management Fund: Receipts were greater than disbursements. The cash balance at the end of 2016 was $19,531, which is a decrease from 2015 due to capital expenditures, but is still above the minimum target balance.

    Berg then reviewed a ratio analysis from the City’s financial statements that give additional information for trend and peer group analysis. In 2015, the City’s debt to assets ratio was 16%, compared to 34% in the peer group; the 2016 ratio for the City is 17%. 2016 ratios for the peer group are not yet available. Debt per capita in the City is $775, compared to $2,517 in the peer group. Taxes per capita in Lindstrom are $425, compared to $510 in the peer group. Current expenditures per capita in Lindstrom are $395, compared to $688 in the peer group. Finance Director Mattson reported that the audit process went really smooth, and she has no concerns.

    POLICE:

    1. Police Commission Minutes – Chief Schlumbohm provided copies of the May 10th Police Commission meeting

    minutes. Brice Becker was provided a conditional offer of employment and has accepted. He is currently going through the background investigation process, which includes mental and physical assessments. The Commission discussed excess liability insurance. The quote for an additional $1,000,000 coverage (a total of $2,000,000) is $3,513 more; however, rates for law enforcement agencies are going up and the current policy will cost an additional $8,000 which has not been budgeted for. Chief Schlumbohm was directed to purchase

  • Regular City Council Meeting Agenda –June 15, 2017

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    the additional excess liability as long as the cost is under $4,200. Police Assistant Terri Lind received a service award for 25 years of service.

    2. Monthly Report – Chief Schlumbohm reported that the Department responded to 197 calls in April. He

    provided some maps showing the locations of all calls, just assaults, just thefts, and just crashes in the service area. The Department is in the planning stages for the additional activities that occur during the summer months; including, Karl Oskar Days, Chisago Lakes Triathlon, and several 5K events. They are also gearing up for the end of the school year and the coming summer traffic enforcement waves planned through the Towards Zero Deaths program. They are preparing for compliance checks for tobacco and alcohol retailers.

    Schlumbohm reported that in March, the Department conducted several personnel investigations, including a background check for the newly hired public works employee, a potential hire for the off-sale, and a lengthy background check for the newly hired police officer.

    FIRE DEPARTMENT:

    1. Monthly Report – The Council reviewed the report for the month of April. The Department had four calls: a CO2 alarm, a motorcycle accident, smoke in a basement, and a grass fire assist. The Department also held their monthly meeting, drill, and a relief association meeting. Total volunteer hours for April were 197. Total year-to-date is 925.

    2. Fire Relief Association Financial Report - The Fire Relief Association meeting was held on Monday, April 24th.

    A copy of the 2016 year-end financial statement was provided.

    CONSENT AGENDA:

    1. City Council Minutes April 17, 2017 – Board of Appeal & Equalization Hearing 2. City Council Minutes April 20, 2017 – Regular Council Meeting 3. Maple Street Ditch Stabilization Project - SWCD 4. Bills List for Approval

    Council Member Waldoch noted a correction to the April 20th Regular Council Meeting minutes. Under Public Works Committee, fourth paragraph, the word “improved” should be “approved”.

    Motion by Waldoch, second by Stenson, to approve the Consent Agenda with the noted correction. Motion passed 4-0.

    GENERAL BUSINESS ITEMS:

    1. Work Session – Set Date

    Administrator Olinger recommended the Council set a date for a Work Session to discuss the Growth Management Plan, the 2018 budget, and the Comprehensive Plan. The work session was scheduled for Wednesday, May 31st, at 6:00 p.m.

    2. Western Plaza – Pave Patio Area

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    Administrator Olinger reported that the limestone material used for the west end trail and plaza area is in poor condition. He received a quote from Shoreline Restoration, who is the contractor on the Kaffe Kanna Park and Memorial Park Trailhead projects, for $9,360. Olinger stated that the 2017 budget has $5,000 from TIF funds to pave the plaza area. The Highway 8 downtown beautification fund has a balance of $4,800. He recommended the Council approve using these funds and accepting the quote from Shoreline Restoration so that the work can be done this year, prior to Karl Oskar Days. Motion by Waldoch, second by Flug, to accept the quote from Shoreline Restoration for $9,360 to pave the west plaza with the funds coming from TIF and the Downtown Beautification Fund. Motion passed 4-0.

    3. Lakeridge Development – Road Turn Back Request

    Administrator Olinger explained that Lakeridge Development is a six-lot development that is served by a private frontage road off of Olinda Trail, just north of Machmeier Court. The homeowners association contacted Olinger about turning the frontage road over to the City. Olinger explained that the frontage road was not designed to City standards and, typically, would need to be brought up to standards before the City would take it over. Standards include pavement, tonnage, a turn around area, an easement, etc.

    J.D. Harris was present on behalf of the homeowners association. He stated that the members are considering

    disbanding the homeowners association. They would likely move forward with that action if the City would

    take over the road. The snow plow person they’ve been using is no longer available. Harris stated that he

    would like to know if the City is generally interested before spending a lot of time and money figuring out the

    condition of the road and what it would take to bring it up to City standards.

    Engineer Herdegen stated that the road would likely need to be widened. The long-term durability of the

    pavement needs to be assessed. Access issues, including a turn around area, need to be addressed. There is a

    stormwater pond in the area that will need to be looked at. Herdegen was looking to the Council for direction.

    He stated that if the Council is interested, then the condition of the road will need to be determined, an

    easement will be needed, and an evaluation will be made for the costs associated with bringing the road up to

    City standards. Once that is known, he stated, there would likely be an assessment hearing. Administrator

    Olinger noted that these expenses would be borne by the homeowners, with the City’s review. Then a petition

    would be needed from the property owners.

    Council Member Waldoch stated that these homeowners pay taxes just like everyone else, and it is not an

    unreasonable request for the City to take over the road. He cautioned that sometimes mortgage companies are

    not in favor of property owners granting easements, so that should be checked out first. Council Member Flug

    stated that if the road is in reasonable condition and plow trucks can get in and out, he has no problem with

    the request. He stated that he would never vote in favor of a similar situation in the future – where an access

    road will belong to the homeowners association.

    Council Member Stenson asked about curbing and any concerns with the lake. Herdegen stated that the

    standard urban street section requires curbing; however, there is room for exceptions. Curbing depends on the

    condition of the pavement and on where stormwater needs to go.

    Consensus of the Council was that if it is feasible for the road to be brought up to City standards, they are not

    opposed to taking it over.

    4. 288th Street Repair

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    Administrator Olinger reported that earlier this spring a large boil emerged over about 75 to 100 feet of the northern portion of 288th Street. The asphalt plants were not open at the time so he had the section cut out and filled with class 5 material. It rained shortly thereafter and the section became almost impassible. More class 5 material was brought in and it was okay for a few days. But, then it rained again and the section became impassible. The dust has also been a concern. Olinger stated that neighbors are calling and complaining daily. He had hoped to put off a more substantial repair since the entire road will be reconstructed next year. He checked around about using millings to fill the area; however, none are available and he doesn’t think the residents will be patient much longer. The City accepted the road from the Township during negotiations about the 288th Street reconstruction project, and the Township is not interested in helping with the problem. Olinger stated that a patch will cost about $10,000. Motion by Flug, second by Waldoch, directing staff to find the funds and patch the road. Motion passed 4-0.

    PLANNING BUSINESS:

    1. Variance Request – Jack & Renata Swanson, 29525 Neal Avenue – Administrator Olinger reported that the Swanson’s would like to install a 6’ high fence along the south property line, adjacent to 29505 Neal Avenue.

    A variance is needed from the following section:

    City Ordinance 154.271(A)(1) – In residential districts, no fence located in the required front yard or required side yard adjacent to a street shall exceed four feet in height, and six feet in height in the rear yard and interior side yard (not adjacent to a street).

    The Public Hearing notice was published in the April 20th and 27th editions of the Chisago County Press, and it was mailed to all property owners located within 350’ of the subject property.

    The Planning Commission held the public hearing on May 3rd and recommended a 6’ fence from the front of the house (the side facing the lake) at 29525 Neal Avenue to the front setback of the garage at 29505 Neal Avenue. The Planning Commission reviewed the Findings of Fact making no negative findings and noted the practical difficulty was the natural landscaping versus groomed landscaping conflict. Olinger discussed the term “required front yard” in the City’s ordinance. With the neighbor’s garage setback 40’ from the property line, and the required setback from the property line is 30’, staff’s interpretation was that a variance was not needed, as long as the 6’ fence did not extend beyond the 30’ setback area. However, City Attorney Schutt noted some concern with the term “required front yard” and “required side yard”, as those terms are not defined. Her interpretation is that a variance is required if any portion of the fence will exceed 4’ in height from the front of the Swanson’s house. Motion by Flug, second by Stenson, to approve the variance and allow for construction of a 6’ high fence along the property line from the front of the house at 29525 Neal Avenue to the front setback of the garage at 29505 Neal Avenue with the practical difficulty being the conflict of natural landscaping versus groomed landscaping and the Findings of Fact as noted by the Planning Commission. During discussion on the motion, Council Member Waldoch stated that the neighbor’s conflict between natural landscaping and groomed landscaping does not constitute a practical difficulty. A 4’ high fence provides the separation/barrier that would suffice. He stated that he is looking at future requests as well, and

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    what the City has decided is appropriate. A 4’ fence provides a more inviting environment and a 6’ high fence in the front yard goes against the intent of the ordinance. Council Member Flug stated that the fence ordinance should be reviewed again. He is not opposed to allowing 6’ high fences along the interior side yard. Mayor Carlson asked if the action should be delayed until the fence ordinance can be looked at again. Flug noted that a variance would still likely be needed. It was noted that the neighbor at 29505 Neal Avenue has provided a written consent to the 6’ high fence. Mayor Carlson called for a vote on the motion. Carlson, Flug, Stenson voted aye; Waldoch, nay. Motion passed 3-1.

    2. Variance Request – Gregory Dupre, 12012 Mayview Curve – Administrator Olinger explained that Mr. Dupre would like to construct a 10x16 deck on the west side of the house (rear yard). The property is not in the Shoreland District. The variance request is to allow for a 10’ rear yard setback to accommodate the new deck.

    A variance is needed from the following section:

    City Ordinance 154.266(C)(1) – The minimum yard setback for rear yards in the R-1 zoning district is 35’. A deck may have a setback of 25’ from the rear lot line.

    This parcel was platted as part of the Morning Sun development, which is a Planned Unit Development (PUD). The odd-shaped size of the lot does not allow for a deck that would meet the required rear yard setback. The Planning Commission held the public hearing on May 3rd and recommended approval of a 10’ variance from the required 25’ setback allowing for a 15’ setback, making no negative findings for Findings of Fact with the practical difficulty being the configuration of the lot. It was noted that the house was built with a patio door intended to lead to a deck. Motion by Flug, second by Waldoch, to approve a 10’ variance from the 25’ rear yard setback to allow construction of a 10x16 deck on the west side of the house, with a 15’ rear yard setback, at 12012 Mayview Curve, with the practical difficulty, findings of fact, and conditions as recommended by the Planning Commission. Motion passed 4-0.

    3. Other Updates/Review – Flug/Waldoch – Minutes from the May 3rd Planning Commission meeting were provided. Council Member Flug reported that the Planning Commission had discussions about the possible vacation of right-of-way on Lake Avenue. They also continue to work on the Comprehensive Plan, looking at the various measures associated with the goals and action steps. Flug stated that a work session will be held with the Planning Commission and City Council in the future.

    ENGINEERING BUSINESS:

    1. Engineer’s Update - Engineer Herdegen provided the following updates: (a) CSAH 20 Water Relocation Project – Award Bids – Bids were opened on May 16th for the CSAH 20 water

    main relocation project. The following bids were received:

    EJM Pipe Services, Columbus, MN $168,640.00

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    A-1 Excavating, Bloomer, WI $175,091.00 GM Contracting, Lake Crystal, MN $203,513.93 Kuechle Underground, Kimball, MN $209,340.01 Douglas Kerr Underground, Mora, MN $219,164.21 Northdale Construction, Albertville, MN $230,784.36

    The engineer’s estimate for the project was $130,000. Herdegen stated that the depth of the location is challenging, with increased risk of losing mud. There are also site constraints with the pipe being close to the County Road and the wet nature of the area. Herdegen stated that the references for EJM Pipe Services are good and he recommends awarding the bid to the low bidder. Motion by Waldoch, second by Flug, to award the bid for the CSAH 20 Water Relocation Project to EJM Pipe Services for $168,640.00. Motion passed 4-0.

    (b) Panel One – Project Amendment – Herdegen reported that work began on the demolition of the Panel One building on May 8th. Most of the building is down now. The contractor discovered buried building materials along the west fence line. The area measures about 30’Wx350’Lx2.5’D, totaling 1,555 Cubic Yards. Herdegen stated that there was nothing that would have led him to believe that there were buried materials on site. In order to dispose of the material in a standard landfill, the contents must be tested for asbestos and regulated waste. Herdegen directed the testing to be done by American Engineering & Testing for a cost of $1,400 - $1,600.

    Herdegen received the following quotes for removal of approximately 2,000 CY of buried debris: RE Peterson $15,000 ($7.50/CY)* Fitzgerald Excavating & Trucking $26,500 ($13.25/CY) Veit $36,480 ($18.24/CY) Bluhm Construction Schedule did not allow

    * Any wood products or trash will be removed at a cost of $19/CY

    Herdegen recommended awarding the project to RE Peterson for $15,000, which is a unit price quote. Motion by Flug, second by Stenson, to accept the bid of RE Peterson for removal of approximately 2,000 CY of buried debris for $15,000. During discussion on the motion, Council Member Waldoch reiterated that the cost will be based on the actual amount – it could be more and it could be less. Administrator Olinger stated that the City budgeted $200,000 for the demolition project, and the low bid was $125,000. He explained that these items are buried and were not visible during preparation of the plans and specification, or during the bidding process. If the City tries to hold the contractor to the original bid price, it would just drive up the cost of the project. Mayor Carlson called for a vote on the motion. Motion passed 4-0. Mayor Carlson stated that apparently the subcontractor contacted the Chisago Lakes Joint Sewage Treatment Commission about the possibility of disposing 500 gallons of liquid material at the plant. Herdegen stated that the contractor is responsible for disposing of regulated waste in accordance with various rules and regulations. Herdegen will follow up to see where the liquid was disposed.

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    (c) Morningside Court – Herdegen reported that the project has been delayed because of conflicts with a

    few buried electric services which extend from the utility poles to the homes. These services are “directed bury” which means there is a buried wire and no conduit or protection installed around the surface. For the safety of the crew and the residents, it was decided to wait until Xcel will be able to relocate the service before any grading or storm sewer installation work begins. It is anticipated that Xcel will be able to do their work at the end of May/early June. Property owners have been notified of the situation.

    (d) Other Projects - Herdegen reported that Shoreline Landscaping has started working on tree and other

    removal work this week for Kaffe Kanna Park and the Memorial Park Trailhead projects. He further reported that the contractor on the Sylvan Avenue project will not start until after Karl Oskar Days. A neighborhood meeting was held with property owners. It was well attended and great feedback was received. Micropaving will begin June 19th. Herdegen hasn’t heard from the fog sealing contractor, but they will coordinate with the striping contractor.

    2. 12720 Summit Avenue - Update – At the April Council Meeting, Engineer Herdegen was directed to review the

    stormwater situation at 12720 Summit Avenue in relation to the retaining wall. In his report, Herdegen stated that generally, the cause for walls bowing out is due to lateral earth pressure from behind the wall. Saturated soil at the base of the wall doesn’t help, but it is not likely the cause.

    Administrator Olinger stated that the property owner at 12720 Summit Avenue received a variance to build a detached garage. A condition of the variance was that the stormwater be directed to the lake and the existing shed and concrete be removed. Olinger stated that there is 9’ between the garage and the retaining wall and water from the garage drains in this area, eventually making it to the lake. Bruce and Cindy Jacobsen own the property directly west, including the retaining wall. They are concerned that the downspout is located on their property. They would like it to be removed. Council Member Flug suggested a drainpipe be added to the downspout, directing the water to the lake. Council Member Waldoch concurred, adding that a property owner is not allowed to let water from their property go onto the neighbor’s property. Mrs. Jacobsen stated that she called the police this week, looking for help in getting the downspout off her property; however, the policeman said it isn’t a police matter. Chief Schlumbohm concurred, stating that it is a civil matter. Administrator Olinger stated that progress has been made, although it has been slow. He will continue to follow up with the property owner to move the downspout off of the neighbor’s property and to install a drainpipe.

    3. Public Works Committee – Update & Review – Stenson/Flug – Minutes from the May 2nd Public Works Committee Meeting were provided. Council Member Stenson reported on the following items:

    GIS – Progress is being made on the new GIS program; however, Engineer Herdegen informed the Council that staff member Rachel Cruz who was the lead on this effort has resigned from MSA. He will work with City Staff to gather the necessary data.

    288th – Herdegen is working on wetland credits and is checking on Township driveway specifications. An alternate access is not economically feasible; therefore, during the project, one-way traffic will be used. There may be a temporary 4-way stop or signal light on Olinda & 288th.

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    Morningside Court – One property owner would not allow trees to be cut. Herdegen is working on waivers of trespass for grading work.

    Striping will take place in the fall.

    Solar panels on the Liquor Store building were affected by the electrical undergrounding project.

    Curbing on Akerson and Highway 8 is complete.

    Pothole repair is being scheduled.

    A quote of $5,000 was received to seal coat the Swedish Immigrant Trail downtown. The project will move forward.

    Public Works crew members are trying to regulate the water at Pleasant Hill Park so that the grass will grow as planned.

    Frost boils on 295th were repaired for $14,500.

    A quote of $10,500 was received from RE Peterson to repair the shoulder on 316th. The project will move forward.

    Above All Tree Service has removed cottonwood trees at Irene and 3rd.

    Summer helpers have started.

    A tool can be rented to locate the curb stops and have them input into the new GIS system.

    The intersection of Montclair & 3rd was inspected. The inlet and outlet need to be cleaned. A quote will be solicited from RE Peterson.

    The Council discussed appointing Bill Schlumbohm Sr. to the Public Works Committee. Then he will be eligible to receive per diems. Motion by Waldoch, second by Stenson, appointing Schlumbohm to the Public Works Committee, assuming he would accept. Motion passed 4-0.

    COMMISSION/COMMITTEE REPORTS: CLJSTC:

    1. Update & Review – Minutes from the April 17th meeting were provided. 60,000 gallons of nitrifying waste

    sludge was brought in to provide needed bacteria. Council Member Waldoch reported that nitrogen is within .1 of the June responsibility and they are looking forward to a good summer. Chemical application has been increased to address ammonia. Waldoch stated that solar could save the Commission hundreds of thousands of dollars, even a million. Quotes are being received for manhole repairs. The Commission approved the purchase of a ½ ton 4x4 double cab truck for $28,979.64. The old truck will be sold. Treatment rates will not be raised for now. A Farm Land Rental Agreement with Osterbauer Farms was approved.

    Cable Commission:

    1. Update & Review – Minutes from the May 8th meeting was provided, along with Jack Doepke’s Cable

    Report. Total cash available at the end of April is $170,934.43.

    EDA: 1. Update & Review – Mayor Carlson reported on the May 9th EDA meeting. Available buildings were

    reviewed. A quote was accepted from WSN in Forest Lake to clean up the plat of the industrial park for $9,000. Housing study findings and recommendations were reviewed. Resident Rachel Carlson would like to be involved in the affordable housing discussions. EDA Members were asked to review Policy 1 of the

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    Comprehensive plan regarding downtown. Mayor Carlson asked Council Member Waldoch to accompany him and Administrator Olinger during discussions with the property owner of Elms Estates regarding the potential for a future redevelopment project.

    Finance:

    1. Monthly Report - Information Only. Reports for the month of April were provided – Cash Report, actual and budgeted Expenses and Revenues, Liquor Store On-Sale and Off-Sale Reports. Finance Director Mattson stated that she is pleased with the Off-Sale as they are making monthly transfers and achieving their goals. She stated that inventory is up, but with the busy summer coming up that should go down.

    Motion by Waldoch, second by Flug, to accept the 2016 Audit report as presented earlier tonight. Motion passed 4-0. Motion by Waldoch, second by Flug, to officially thank the Finance staff for preparing the audit and for doing a wonderful job. Motion passed 4-0. Finance Director Mattson stated that a Finance Committee meeting will be scheduled mid-June to work on the 2018 budget.

    Library Commission:

    1. Update & Review – Mayor Carlson. Mayor Carlson stated that the next meeting is May 25th; therefore, he

    has nothing to report.

    Park Commission: 1. Update & Review – Brink - Minutes from the May 1st Park Commission meeting were provided.

    Administrator Olinger reported that the purpose of the meeting was to hold a neighborhood meeting at the Oak Street Lake Access. Neighbors have been encroaching on the access, causing other neighbors to feel unwelcome. Olinger stated that no fencing or improvements will be made to the access if the property owners move their docks, which they agreed to do. Mayor Carlson reported that he and Council Member Flug also met with the neighbors separately.

    Olinger reported that the Friends of Allemansratt Silent Sit Fundraiser will take place this Saturday.

    DISCUSSION/MISC:

    Council Member Waldoch noted that the League of Minnesota Cities Conference takes place June 14-16, with the Council Meeting being June 15. Both he and Council Member Stenson have registered for the conference. They both stated that they will drive back from Rochester to attend the Council Meeting.

    CORRESPONDENCE: None ADJOURNMENT: Motion by Flug, second by Waldoch, to adjourn the meeting. Motion passed 4-0. Meeting adjourned at

    9:25 p.m. Respectfully submitted, Kathy George, Deputy Clerk / Administrative Assistant

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    CALL TO ORDER/PLEDGE:

    Mayor Carlson called the meeting to order at 6:00 p.m. CALL OF ROLL:

    Members Present: Mayor Keith Carlson; Council Members Curt Flug, AnnMarie Brink, Kevin Stenson, David Waldoch

    Members Absent: None

    Others Present: Administrator John Olinger, Deputy Clerk Kathy George, Finance Director Kay Mattson,

    City Attorney Soren Mattick, City Engineer Jon Herdegen, City Planners Rita Trapp and Jesse Thornsen

    BUSINESS:

    1. 2018 Budget Kick Off

    Administrator Olinger stated that Department Supervisors have reviewed their 2018 schedules and have completed their preliminary budgets. Finance Director Mattson has been putting the 2018 budget together. Olinger reviewed the proposed 2018 project list with the Council, which includes:

    2018 Capital Project: 288th Street reclaim-$1.2 Million (less the $516,000 grant that was received for the pedestrian trail).

    Rosehill Resort Senior Facility, Lehigh/306th Utility and Street project-$? (the anticipated expense for this has been incorporated into the Water and Sewer Capital Improvement Schedule).

    County Road 20 Bridge Replacement, County responsibility, $40,000 to City.

    MINUTES

    LINDSTROM

    SPECIAL CITY COUNCIL MEETING

    WORK SESSION

    WEDNESDAY, MAY 31, 2017

    6:00 P.M.

    Lindstrom City Hall

    13292 Sylvan Avenue

    Lindstrom, MN

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    Olinda Trail/Glader Boulevard Development (Staff and the Developer are working through the details. The project includes relocating Glader Boulevard so that it lines up with 288th Street. Staff is reviewing the EAW that was previously done regarding this property).

    Elms Estates Planning-$? (This is a priority project of the EDA. Levy funds can be used, as well as SAC and WAC funds).

    Linden Crosswalk-$30,000.

    Karl and Kristina Statue rehabilitation-$16,000. Olinger stated that all of these items have been included in the preliminary 2018 Budget. He stated that the City’s level of need is now being matched with available resources, except for future building needs. He stated that the tax rate in the 2018 budget is flat at this point, anticipating growth in the City’s market value. Tonight, Olinger stated, staff is looking for Council input. Then the preliminary budget will be taken to the Finance Committee. Discussion turned to the Elms Estates area. Administrator Olinger and Mayor Carlson met with the owners about eight years ago. At that time, the property was appraised by the City, with a second appraisal secured by the property owners. Olinger stated that the owners are socially responsible people, who care about their tenants’ wellbeing. They are concerned with the residents being displaced and they are aware of the lack of affordable housing in the area. Council Member Waldoch agreed to contact the owners and set up a meeting with himself, Olinger and Mayor Carlson. Council Members discussed the Panel One site. The building has been demolished and the property is being cleaned up and prepared for future development. Council Members asked if this would be an acceptable site for affordable housing. Administrator Olinger reported that staff is working with the Greater Minnesota Housing Corporation to explore options and possibilities. Council Member Waldoch stated that he would like to see more money in the budget for maintenance needs. He would like to see $75,000 in the budget for sand/salt/snowplowing. If the fund balance exceeds $37,500 at the end of the year, he would like to see the overage used for road maintenance/improvement projects. Administrator Olinger explained that the City has been catching up after years of underfunding street maintenance. According to the maintenance schedule, $250,000 is needed each year. The 2018 budget includes $175,000 towards street maintenance; the line item is being increased every year to catch up with the needs. Finance Director Mattson stated that she spent down some of the General Fund balance to take care of the patch on 288th Street and the shouldering on 316th this year. Council Member Brink noted that she has been waiting for several years for the stormwater drainage pipe to be installed from Lions Park to Olinda Trail. Without it, her property gets saturated. Administrator Olinger stated that the estimated cost of the project is $160,000. About 8 – 10 properties are affected by the stormwater in this area. Administrator Olinger reported that the new Fire Hall is projected for 2020. He stated that the City budgets $250,000 per year for capital projects. In 2017, those funds are being used on the Morningside Court Street Improvement Project. In 2018 and 2019, the funds are earmarked for the 288th Street Improvement Project. Olinger is working with the Fire Department to bring their project cost down to about $2.4 million. $47,000 is being saved in the Fire Fund each year towards the project. Olinger is anticipating that the City will have to bond for about $1 million. Council Members asked if a referendum will be needed to bond for the project. Attorney Mattick stated

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    that the type of bond typically dictates whether or not a referendum is needed. Olinger stated that the Fire Department is working on a marketing plan that includes talking to property owners about the project. Finance Director Mattson stated that some City bonds will also be paid off by the time this project is ready to proceed. The preliminary budget needs to be adopted by September 30th. Mattson will be working out the details with the Finance Committee over the next few months. Then the preliminary budget will be brought to the City Council for adoption. Mayor Carlson noted that the real estate taxes are a concern for commercial property owners. This makes it difficult to compete with neighboring Wisconsin. Olinger stated that there was an effort to receive some type of border tax relief; however, it was not approved. Mayor Carlson stated that if the City were to reach a population of 5,000, the City would qualify for Municipal State Aid for streets, which amounts to about $200,000.

    2. Growth Area Plan and Comprehensive Plan

    Administrator Olinger stated that the City’s Comprehensive Plan was last updated in 2005. The Planning Commission has been working to update it for the past few years. City Planner Rita Trapp has been brought in to the process, with the scope of the Comp Plan looking out to the year 2040. She stated that she is developing a Comp Plan that will put the City in the best position to defend the recommended growth patterns. Trapp has also been working on a Growth Area Plan (GAP). The intent of the GAP is to determine how best to design the infrastructure and utilities for appropriate development patterns. The plan will also provide an idea of where and what type of housing is most appropriate and the possible location for additional commercial sites, transportation routes, parks, and trails. Trapp reviewed the guiding principles of a GAP, which include orderly growth to maximize infrastructure investments and respect agricultural activity, building new neighborhoods rather than new subdivisions, complement and echo the patterns and character of original Lindstrom, preserve and protect significant natural landscape features (wetlands, lakes, ponds, woodlands), plan for a connected roadway network that links neighborhoods, plan for a mix of land uses to support community needs (live, work, shop, recreate), plan for a variety of housing choices, provide a connected park and open space system and trail network, provide a range of parks and open spaces (tot lots, neighborhood parks, natural areas), create walkable neighborhoods (smaller block patterns, sidewalks and trail networks). Trapp reviewed precedent imagery with the Council showing a variety of different housing types and neighborhood layouts. Trapp then reviewed the growth areas, broken down into “north” and “south”. The north area is an expansion area from Lindstrom that touches on Sunrise Lake. She identified the natural constraints to development in this area; such as, wetlands, open water, and limited development soils. She reviewed a summary of developable land in this area, parks and open space opportunities, transportation routes, and some potential future land uses. Trapp then reviewed the same information for the south area, which is an expansion area from Lindstrom that reaches south to Chisago Boulevard. Trapp also reviewed a draft future land use map with the Council. Trapp then discussed potential population growth. She reviewed the historical population growth for the City of Lindstrom, Chisago City, and Center City; as well as the percent of County growth occurring in Lindstrom. She then reviewed three scenarios for potential growth. Scenario 1 is based on historical population change. Scenario 2 is

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    based on historical rate of population growth. Scenario 3 is based on the captured portion of the County’s projected growth. The three scenarios are charted as follows:

    Trapp stated that she presented this information to the Planning Commission already. She proposes using the following projections for the Comp Plan: 5,100 population by the year 2020 5,500 population by the year 2030 6,200 population by the year 2040 She feels this is a realistic projection, with an estimated household growth of 700 (with 2.5 people per household). Trapp also reviewed phasing with the Council. She discussed what would be a reasonable amount of land needed for anticipated development out to the year 2020. Ghost platting and clustering are tools that can be used to try to prevent inefficient uses. It would be helpful to discuss the growth needs of the City with the Township and the County. Administrator Olinger noted that the County’s Comp Plan includes a goal to coordinate efforts between the County, municipalities, townships, State and Federal agencies to assure wise land use, effective and efficient infrastructure, appropriate economic development and the protection of natural resources. Attorney Mattick asked how the GAP will be incorporated into the City’s Comp Plan. Trapp stated that mapping needs further discussion, especially beyond the year 2020. Phases will be shown. She anticipates a separate chapter of the Comp Plan to address design details. She stated that the plan needs to be reasonable and provide flexibility. Each growth area (north and south) has its own challenges. Mattick then turned the discussion to logical growth. The preferred method is to work together with the Township to achieve an Orderly Annexation Agreement. He stated that the GAP document is helpful in explaining the process with anticipated infrastructure, transportation, and logical growth patterns. The other aspect, he stated, is the clean up effort – bringing in properties that are currently receiving City services. He suggested the City continue with the GAP process and the Comprehensive Plan Update. Trapp stated that she hopes to wrap up the process by the end of the summer.

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    Council Member Waldoch pointed out that Chisago Lake Township is not a typical shape. It is about 54 to 55 square miles and includes a lot of farmland. He also noted that properties can remain agricultural after they are annexed into the City. Council Member Stenson stated that he would like to see the City and Township work together. He suggests a meeting between the two entities. Council Member Flug agreed, stating that the City needs to put a plan together in preparation for the meeting. Administrator Olinger stated that he has discussed the clean up properties (islands) with the Township before. The Township has stated that they are not opposed, as long as the property owners agree. But, the property owners won’t voluntarily agree because their property taxes will increase. Olinger stated that the City has an Orderly Annexation Agreement with the Township for the Glader and Lakelawn properties. They were allowed 7 years before annexing, unless they wanted to hook onto City sewer before then. The 7 year window ended this February. The City could move forward and complete the annexation process for those properties that remain in the Township. Perhaps this can be a discussion point when meeting with the Township. The Comp Plan process can also be a discussion point with the Township. Staff was directed to put together the first phase of properties that should be annexed and bring back a recommendation to the Council at a future work session, which was scheduled for July 31st at 6:00 p.m. In the meantime, the Comp Plan process should continue. Then a meeting should be scheduled with the Township. Administrator Olinger brought up two areas where Township residents have been asking for City sewer: 285th, down by the Lakeside Woodlands subdivision; and Mentzer Trail.

    ADJOURNMENT: Motion by Brink, second by Stenson, to adjourn. Motion passed 5-0. Time 8:35 p.m.

    Respectfully submitted, Kathy George Deputy Clerk / Admin Assistant

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    STAFF REPORT

    MEETING DATE: June 15, 2017

    SUBMITTED BY: Deputy Clerk George

    ITEM: Liquor License Renewals

    The City currently has two establishments with Liquor Licenses:

    Meredee’s Bistro

    Chisago Lakes Golf Course

    Liquor licenses expire June 30th

    .

    ACTION TO BE CONSIDERED: Approve renewal of liquor licenses for Meredee’s Bistro and Chisago

    Lakes Golf Course upon receipt of all required documentation, fees, and background checks.

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    STAFF REPORT

    MEETING DATE: June 15, 2017

    SUBMITTED BY: Administrator Olinger

    ITEM: Tax Forfeited Parcel 15.00830.48

    The City received notice from the County that parcel 15.00830.48, Outlot A North Meadow, is a tax forfeited parcel and

    is ready for sale. The County is asking the City Council to:

    (a) Approve the parcel for public auction; or (b) Approve the parcel for auction to adjacent landowners; or (c) Request a conveyance to the City for public use; or (d) Purchase the property for the appraised value (which is $100).

    The parcel is unbuildable, and is basically a slice of land between the City’s right-of-way and the adjoining property

    owner.

    ATTACHMENTS: Notification packet from Chisago County Auditor’s Office

    REQUESTED ACTION: Direct Staff on how to proceed.

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    STAFF REPORT

    MEETING DATE: June 15, 2017

    SUBMITTED BY: Administrator Olinger

    ITEM: North Center / North Lindstrom Lakes Channel

    The MN DNR has requested the City Council provide input on dredging a channel between North Lindstrom and North

    Center Lakes. I was a part of the committee that reviewed the connection four or five years ago. I believed at the time

    that the discussion had slowed since a slight difference in elevation exists between North Lindstrom and North Center

    requiring a weir system in low water. The channel historically is only navigable 30% of the time and the cost of a weir

    system did not seem to have support at the County. At least, not right now.

    Next year, Chisago County will be replacing the bridge at CSAH 20. They will be raising the bridge to 906.5 and

    dredging the channel to 892. The channel bottom will match the channel bottom of the North Lindstrom/South

    Lindstrom channel. The 906.5 bottom of bridge elevation will allow for pontoons, with the top down, to travel under

    the bridge at high water.

    The bridge elevation is in anticipation for if, at some time, the County chooses to open the channel. The bridge is then

    high enough. I do not know why the DNR is acting at this time, but Craig Wills contacted me this week from the DNR

    asking whether the City of Lindstrom supported dredging a channel between North Lindstrom and North Center for boat

    traffic.

    The City petitioned for the bridge to be high enough for a pontoon to go under. Does the City wish to go on record that

    we support dredging a channel from North Lindstrom to North Center so that the boats that are able to get under the

    bridge might, at some time in the future, get back and forth between lakes?

    ACTION TO BE CONSIDERED: To support or not support the effort to dredge a channel between North Lindstrom

    Lake and North Center Lake.

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    STAFF REPORT

    MEETING DATE: June 15, 2017

    SUBMITTED BY: Administrator Olinger

    ITEM: Liquor Ordinance Revision – Hours of Operation

    Staff recommends removal of the following section of City Code Chapter 111: Alcoholic Beverages

    § 111.04 HOURS OF OPERATION

    No sale of intoxicating liquor shall be made on Sunday between 1:00 a.m. and 12:00 noon nor at any hour

    after 1:00 a.m. on New Year’s Day; nor at any hour on Christmas Day, nor on Monday between the hours

    of 12:00 a.m. and 8:00 a.m., except as noted below, nor on any Tuesday through Saturday between the

    hours of 1:00 a.m. and 8:00 a.m. or at other times so determined by the city. Should New Year’s Eve fall

    on a Sunday, the municipal on-sale operation may sell intoxicating liquor until 1:00 a.m. on the following

    Monday.

    Removal of this section will address the Legislation that was passed that allows off-sale of liquor on Sundays. The rest

    of the language in this section is not consistent with State Statutes and is confusing; especially since this section is only

    found under the portion of the ordinance that addresses the Municipal Liquor Dispensary. By removing it, hours of

    operation for all liquor / alcoholic beverages will be in accordance with State Statutes.

    ATTACHMENTS: None

    REQUESTED ACTION: Approve or Deny the recommendation to remove Section 111.04 in its entirety.

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    STAFF REPORT

    MEETING DATE: June 15, 2017

    SUBMITTED BY: Administrator Olinger

    ITEM: Interim Use Permit Request – Richard Berget, 12520/12550 Lake Boulevard

    The City received a request for an Interim Use Permit (IUP) from Richard Berget to conduct open and outdoor storage

    and sales as an accessory use in the B-2 General Business District at 12520/12550 Lake Boulevard, The Lakeview

    Motel.

    A notice was published in the May 18th and May 25

    th editions of the Chisago County Press. The notice was also mailed

    to all property owners located within 350’ of the property. The notice was also sent to the DNR.

    The Planning Commission held the Public Hearing on June 6th and makes the following recommendation:

    To approve the Interim Use Permit to allow open and outdoor storage and sales of paddleboats at 12520 Lake

    Boulevard with the following conditions:

    (1) The IUP is only for 12520 Lake Boulevard; (2) The number of paddleboats offered for sale/display at any one time is limited to two paddleboats; (3) The location of sale/display is restricted to the southwest corner of the parking lot, no larger than a

    40’ linear area;

    (4) All signage must comply with City Ordinances; (5) A confession of judgment acknowledging the property owner’s guilt in the event that the property

    owner does not comply with the conditions imposed by the IUP; and

    (6) The IUP will expire upon the change of ownership and/or discontinuance of the allowed use.

    And based on the following findings of fact:

    1. Open and outdoor storage and sales are allowed as a CUP or IUP in the B-2 General Business District.

    2. The IUP will terminate with change of ownership or discontinuation of use. 3. The IUP will not result in adverse effects on the public health, safety and welfare, nor does it create

    additional pollution potential for ground and surface waters.

    4. Additional costs will not be imposed on the public.

    ATTACHMENTS: Zoning and Land Use Request – Interim Use Permit form ACTION REQUESTED:

    (1) APPROVE or DISAPPROVE the request as recommended by the Planning Commission; or

    (2) APPROVE or DISAPPROVE the recommendation of the Planning Commission with modifications, alterations or

    differing conditions; or

    (3) Refer the recommendation back to the Planning Commission for future consideration.

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    STAFF REPORT

    MEETING DATE: June 15, 2017

    SUBMITTED BY: Administrator Olinger

    ITEM: Variance Request – Dustin & Megan Wolowicz, 12587 Bronson Avenue

    The Wolowicz’s would like to demolish the existing detached garage and construct a new detached garage that will not

    meet the required rear yard setback and will cause the property to exceed the maximum amount of impervious surface

    coverage allowed on the lot. The property is zoned R-3, High Density Residential District and is located within the

    Shoreland District (non-riparian). Wetlands and Floodplain are not factors.

    The current garage is 20x20 (400sf) and is right on the rear property line. This garage will be demolished and replaced

    with a 24x24 garage (576 sf) which will be 8’ from the rear property line. The lot is 5,000 sf.

    A variance is needed from the following section:

    City Ordinance 154.266(C)(1) – The rear yard setback is 35’. A variance of 27’ is required to allow the new

    garage to be 8’ from the rear property line.

    City Ordinance 154.221(F)(8) – No lot shall be covered by more than 25% impervious surface. Currently, impervious surface coverage on the lot is 37.7%. The Wolowicz’s plan to remove about 75’ of sidewalk along

    the north side of the garage. With the construction of the new garage, impervious surface will be 1,985 sf, or

    39.7%. A variance of 14.7% is needed to allow up to 39.7% of impervious surface coverage on the lot.

    The Public Hearing notice was published in the May 25th and June 1

    st editions of the Chisago County Press, and it was

    mailed to all property owners located within 350’ of the subject property. The DNR was also provided a copy of the

    notice.

    The Planning Commission held the Public Hearing on June 6th and makes the following recommendation:

    To approve the variance for construction of a detached garage that will be 8’ from the rear property line (a

    variance of 27’ from the required 35’ setback) and will exceed the maximum impervious surface coverage

    allowed by 14.7% for a total of 39.7%, with the practical difficulty being the size of the lot and the poor

    condition of the existing detached garage; and the following findings of fact:

    (1) The project will not impair an adequate supply of light and air to adjacent property; (2) The project will not unreasonably increase the congestion in the public right-of-way; (3) The project will not increase the danger of fire or endanger the public safety; (4) The project will not unreasonably diminish or impair established property values within the

    neighborhood;

    (5) The project will not cause an unreasonable strain upon existing municipal facilities and services; (6) The project is not contrary in any way to the spirit and intent of City ordinances; (7) The project will be an improvement to the property and to neighboring properties;

    and with the following conditions:

    (1) The existing detached garage must be demolished;

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    (2) The sidewalk sections will be removed as indicated on the proposal.

    ATTACHMENTS:

    (1) Zoning and Land Use Request – Variance form and attachments (2) GIS View of Property

    ACTION REQUESTED:

    (1) APPROVE or DISAPPROVE the request as recommended by the Planning Commission; or

    (2) APPROVE or DISAPPROVE the recommendation of the Planning Commission with modifications, alterations

    or differing conditions; or

    (3) Refer the recommendation back to the Planning Commission for future consideration.

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    STAFF REPORT

    MEETING DATE: June 15, 2017

    SUBMITTED BY: Administrator Olinger

    ITEM: Variance Request – Heather Holmberg & Hank Senger, 13406 N 3rd

    Avenue

    The property owners would like to construct a 14’x16’ deck on the west side of the house (which is the side yard of a

    corner lot). The variance request is to allow for an 11’ side yard setback on a corner lot to accommodate the new deck.

    The property is zoned R-1, Single Family Residential, and is not located in the Shoreland District. Wetlands,

    Floodplain and impervious surface are not factors.

    A variance is needed from the following section:

    City Ordinance 154.266(C)(1) – The minimum side yard setback for corner lots in the R-1 zoning district is 30’.

    A variance of 19’ is required to allow the deck to be 11’ from the side property line.

    The Public Hearing notice was published in the May 25th and June 1

    st editions of the Chisago County Press, and it was

    mailed to all property owners located within 350’ of the subject property.

    The Planning Commission held the Public Hearing on June 6th and makes the following recommendation:

    To approve the variance for construction of a deck at 13406 N 3rd

    Avenue that will not meet the required side

    yard setback on a corner lot; with the practical difficulty being the access/use of the patio door; with the

    following findings of fact:

    (1) The project will not impair an adequate supply of light and air to adjacent property; (2) The project will not unreasonably increase the congestion in the public right-of-way; (3) The project will not increase the danger of fire or endanger the public safety; (4) The project will not unreasonably diminish or impair established property values within the

    neighborhood;

    (5) The project will not cause an unreasonable strain upon existing municipal facilities and services; (6) The project is not contrary in any way to the spirit and intent of City ordinances;

    and with the following conditions:

    (1) If stairs are added, they will be on the north side of the deck (not protruding further on the west side).

    ATTACHMENTS:

    (1) Zoning and Land Use Request – Variance form and attachments (2) GIS View of Property

    ACTION REQUESTED:

    (1) APPROVE or DISAPPROVE the request as recommended by the Planning Commission; or

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    (2) APPROVE or DISAPPROVE the recommendation of the Planning Commission with modifications, alterations

    or differing conditions; or

    (3) Refer the recommendation back to the Planning Commission for future consideration.

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    STAFF REPORT

    MEETING DATE: June 15, 2017

    SUBMITTED BY: Administrator Olinger

    ITEM: Conditional Use Permit Request – Kyle & Erin Johnson / Northern Property, 12190 Lake Lane

    The City received a Zoning and Land Use Request from Kyle & Erin Johnson / Northern Property for a Conditional Use

    Permit to construct and operate self-storage units at 12190 Lake Lane. The property is currently owned by Donald &

    Judith Bluhm. The Johnson’s have a conditional purchase agreement pending the outcome of the CUP Request.

    The Public Hearing notice was published in the May 25th and June 1

    st editions of the Chisago County Press, and it was

    mailed to all property owners located within 350’ of the subject property.

    The property is zoned B-2, General District, and is not located in the Shoreland District. Floodplain is not a factor.

    There are Wetlands on the property, but not in the proposed location of construction.

    The Planning Commission held the Public Hearing on June 6th and makes the following recommendation:

    To approve the Conditional Use Permit for Kyle & Erin Johnson / Northern Property to construct and operate

    self-service storage units at 12190 Lake Lane / 15.00014.80, with the following findings of fact:

    (1) The proposed use is allowed, with a Conditional Use Permit, in the B-2 General Business District; (2) The proposed use is not contrary to the City’s Comprehensive Plan; (3) The geographic area of the property is suitable for the proposed use; (4) The proposed use will not be a deterrent to the character of the surrounding area; (5) Utilities and roadways are adequate for the proposed use; (6) The proposed use will not place an undue financial burden on the City;

    and with the following conditions:

    A. The current/future property owner shall ensure compliance with City Ordinance § 154.247 (B)(6), when

    abutting a residential use or district, the property shall be screened and landscaped in compliance with §

    154.271 (Fencing, Screening & Landscaping).

    B. There shall be a buffer/screen of existing trees not less than thirty (30’) feet on the south side of the

    property, which will be not less than fifty (50’) feet from the storage building, and a buffer/screen of

    trees along the entry driveway. If in the future anything should cause the trees to die, become diseased,

    be removed, or suffer other natural damages that would affect the neighboring property’s sight, the

    owner will replace the wooded area with appropriate screening provisions.

    C. The driveway along the houses on Lake Lane shall be recycled asphalt, class 5 or bituminous, and the

    outdoor storage area, if pervious, must be treated for dust control periodically.

    D. Pods and/or semi-trailers shall not be allowed as storage facilities.

    E. The Self Service Storage Facility buildings shall be at least 40’ x 80’ in size, but no larger than 40’ x

    104’, the facility footprint shall not exceed 170’ x 275’.

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    F. The roof pitch will be a gable roof, with a pitch no less than 2-12 and not greater than 4-12.

    G. There must be some type of fencing or security measures taken to prevent unauthorized persons from

    getting around the gate and into the storage area.

    H. The gate/entrance to the storage facility shall come off of Lake Lane and shall be located at a distance

    of or between thirty to fifty feet (30’-50’) off of Lake Lane.

    I. A thirty (30’) foot easement for utility purposes shall be granted to the City of Lindstrom, running from

    the north property line to the south property line, along the east property line.

    J. All security and sign lighting must comply with City Ordinances, be contained on the site, and all

    lighting projected downward.

    K. Bulk containers of gas, oil, other petrochemicals or hazardous materials, other than that within vehicles

    and equipment, or in small containers no more than ten (10) gallons in size associated with the stored

    equipment, shall not be stored on site.

    L. All stormwater management practices must be contained on the property, sized appropriately, and

    comply with City Ordinance § 151 (Stormwater Management).

    M. Outside storage shall not be allowed on the property.

    N. The existing 60’ easement/right-of-way shall remain in place.

    O. The access code for the gate shall be provided to the Lakes Area Police Department and the Lindstrom

    Fire Department.

    ATTACHMENTS:

    (1) Zoning and Land Use Request form (2) GIS Map of Property

    ACTION REQUESTED:

    (1) APPROVE or DISAPPROVE the request as recommended by the Planning Commission; or

    (2) APPROVE or DISAPPROVE the recommendation of the Planning Commission with modifications, alterations

    or differing conditions; or

    (3) Refer the recommendation back to the Planning Commission for future consideration.

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    MINUTES

    CITY OF LINDSTRÖM

    PLANNING COMMISSION MEETING

    TUESDAY, JUNE 6, 2017

    6:30 P.M.

    Lindstrom Council Chambers

    13292 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: Chair Mike Klun; Commissioners Jim Swanberg, Kevin Backer, Orris Erlandson, Greg

    Donovan, Joe Rogers

    Members Absent: Judy Chartrand

    Others Present: City Administrator John Olinger, Deputy Clerk Kathy George, Council Liaisons Curt

    Flug & Dave Waldoch, Gary Gerke, Wayne Sticha, Don Bluhm, Tom Carlisle, Tom

    Schneider, Jessica Robin, Megan Wolowicz, Edy Elliot, Hank Senger, Jim & Mary

    Murray, Mary Strobl, Robin Chinander, Jim Stoffel, Kyle & Erin Johnson, Daphne

    Molnar

    CONSIDERATION OF AGENDA:

    Motion by Backer, second by Rogers, to approve the agenda as presented. Motion passed 6-0.

    CONSIDERATION OF MINUTES:

    Motion by Erlandson, second by Swanberg, to approve the May 3, 2017 minutes as presented. Motion

    passed 6-0.

    PUBLIC HEARINGS/PRESENTATIONS:

    1. Interim Use Permit Request – Richard Berget, 12520/12550 Lake Boulevard

    The City received a request for an Interim Use Permit (IUP) from Richard Berget to conduct open and outdoor

    storage and sales as an accessory use in the B-2 General Business District at 12520/12550 Lake Boulevard, The

    Lakeview Motel. Berget proposes to sell paddleboats in the parking lot area.

    A notice was published in the May 18th and May 25th editions of the Chisago County Press. The notice was

    also mailed to all property owners located within 350’ of the property. The notice was sent to the DNR.

    Motion by Rogers, second by Donovan, to open the Public Hearing. Motion passed 6-0. Berget was not

    present. Administrator Olinger explained that Berget has been conducting open and outdoor storage and sales

    off and on for a few years. Staff contacted him and informed him that either a Conditional Use Permit or an

    Interim Use Permit is required.

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    Chair Klun asked for any comments from the public. No comments were received. Motion by Rogers, second

    by Erlandson, to close the Public Hearing. Motion passed 6-0.

    The following findings of fact were made:

    1. Open and outdoor storage and sales are allowed as a CUP or IUP in the B-2 General Business District.

    2. The IUP will terminate with change of ownership or discontinuation of use. 3. The IUP will not result in adverse effects on the public health, safety and welfare, nor does it create

    additional pollution potential for ground and surface waters.

    4. Additional costs will not be imposed on the public.

    Motion by Rogers, second by Backer, to approve the Interim Use Permit to allow open and outdoor

    storage and sales of paddleboats at 12520 Lake Boulevard with the following conditions:

    (1) The IUP is only for 12520 Lake Boulevard; (2) The number of paddleboats offered for sale/display at any one time is limited to two

    paddleboats;

    (3) The location of sale/display is restricted to the southwest corner of the parking lot, no larger than a 40’ linear area;

    (4) All signage must comply with City Ordinances; (5) A confession of judgment acknowledging the property owner’s guilt in the event that the

    property owner does not comply with the conditions imposed by the IUP; and

    (6) The IUP will expire upon the change of ownership and/or discontinuance of the allowed use.

    Motion passed 6-0. The recommendation of the Planning Commission will be brought to the June 15th City

    Council meeting for final action.

    2. Variance Request – Dustin & Megan Wolowicz, 12587 Bronson Avenue

    The Wolowicz’s would like to demolish the existing detached garage and construct a new detached garage that

    will not meet the required rear yard setback and will cause the property to exceed the maximum amount of

    impervious surface coverage allowed on the lot. The property is zoned R-3, High Density Residential District

    and is located within the Shoreland District (non-riparian). Wetlands and Floodplain are not factors.

    The current garage is 20x20 (400sf) and is right on the rear property line. This garage will be demolished and

    replaced with a 24x24 garage (576 sf) which will be 8’ from the rear property line. The lot is 5,000 sf.

    A variance is needed from the following section:

    City Ordinance 154.266(C)(1) – The rear yard setback is 35’. A variance of 27’ is required to allow

    the new garage to be 8’ from the rear property line.

    City Ordinance 154.221(F)(8) – No lot shall be covered by more than 25% impervious surface.

    Currently, impervious surface coverage on the lot is 37.7%. The Wolowicz’s plan to remove about 75’

    of sidewalk along the north side of the garage. With the construction of the new garage, impervious

    surface will be 1,985 sf, or 39.7%. A variance of 14.7% is needed to allow up to 39.7% of

    impervious surface coverage on the lot.

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    The Public Hearing notice was published in the May 25th and June 1st editions of the Chisago County Press,

    and it was mailed to all property owners located within 350’ of the subject property. The DNR was also

    provided a copy of the notice.

    Motion by Rogers, second by Backer, to open the Public Hearing. Motion passed 6-0. Chair Klun asked

    for any comments from the public. No comments were received. Klun asked if there were plans to expand the

    house in the future. Megan Wolowicz replied that there are no plans to expand the house. A new curb cut will

    be needed, as the driveway is shifting over with the new garage. Motion by Erlandson, second by Donovan,

    to close the Public Hearing. Motion passed 6-0.

    Commissioner Erlandson asked if it is possible to retain any stormwater on the property, considering that it is a

    very small lot. Wolowicz stated that there are gutters on the front of the house, directing water onto their yard.

    Commissioner Swanberg noted that there is plenty of green space on the lot, and with the new garage proposed

    to be further away from the neighbor’s garage, the stormwater situation will be better. Administrator Olinger

    noted that the lot is very small, which is typical of the downtown area plat.

    Motion by Rogers, second by Swanberg, to recommend approval of the variance for construction of a

    detached garage that will be 8’ from the rear property line (a variance of 27’ from the required 35’

    setback) and will exceed the maximum impervious surface coverage allowed by 14.7% for a total of

    39.7%, with the practical difficulty being the size of the lot and the poor condition of the existing

    detached garage; and the following findings of fact:

    (1) The project will not impair an adequate supply of light and air to adjacent property; (2) The project will not unreasonably increase the congestion in the public right-of-way; (3) The project will not increase the danger of fire or endanger the public safety; (4) The project will not unreasonably diminish or impair established property values within the

    neighborhood;

    (5) The project will not cause an unreasonable strain upon existing municipal facilities and services;

    (6) The project is not contrary in any way to the spirit and intent of City ordinances; (7) The project will be an improvement to the property and to neighboring properties;

    and with the following conditions:

    (1) The existing detached garage must be demolished; (2) The sidewalk sections will be removed as indicated on the proposal.

    Motion passed 6-0. The recommendation of the Planning Commission will be brought to the June 15th City

    Council meeting for final action.

    3. Variance Request – Heather Holmberg & Hank Senger, 13406 N 3rd Avenue

    The property owners would like to construct a 14’x16’ deck on the west side of the house (which is the side

    yard of a corner lot). The variance request is to allow for an 11’ side yard setback on a corner lot to

    accommodate the new deck. The property is zoned R-1, Single Family Residential, and is not located in the

    Shoreland District. Wetlands, Floodplain and impervious surface are not factors.

    A variance is needed from the following section:

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    City Ordinance 154.266(C)(1) – The minimum side yard setback for corner lots in the R-1 zoning

    district is 30’. A variance of 19’ is required to allow the deck to be 11’ from the side property line.

    The Public Hearing notice was published in the May 25th and June 1st editions of the Chisago County Press,

    and it was mailed to all property owners located within 350’ of the subject property.

    Motion by Erlandson, second by Rogers, to open the Public Hearing. Motion passed 6-0. Chair Klun

    asked for any comments from the public. Property owner Senger stated that he purchased the property last year

    and has been doing some remodeling. The patio door on the west side of the house was there when he

    purchased the house. He stated that there is no other access point for a deck.

    Neighbor Jim Stoffel asked if there will be exit/entrance points on the deck from outside. Senger stated that he

    was only planning on having the access from the patio door. He isn’t planning on adding stairs; however, if he

    did decide to add stairs, they would be on the north side of the deck (not protruding further on the west side).

    Commissioner Erlandson stated that he doesn’t think the proposed deck will be a safety concern. He stated that

    it will be far enough back from the street for traffic visibility. The deck will be about 3.5 to 4 feet off the

    ground. The street is lined with Maple trees. Senger stated that he has no plans to cut any of the trees.

    Commissioner Donovan noted that the patio door was likely part of the original construction with the intent of

    adding a deck. He agrees that the deck will be far en