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home : public notices : legals-article
November 18, 2017

11/9/2017 9:55:00 AM
CHISAGO COUNTY BOARD OF COMMISSIONERS OFFICIAL PROCEEDINGS: Wednesday, October 18, 2017

(November 9, 2017)

The Chisago County Board of Commissioners met in regular session at 6:30 p.m. on Wednesday, October 18, 2017 at the Chisago County Government Center with the following Commissioners present:  Greene, McMahon, Montzka, Robinson.  Commissioner Walker appeared via Electronic Means pursuant to MN Stat. 13D.015. Also present: Assistant County Attorney David Hemming, County Administrator Bruce Messelt, and Clerk of the Board Chase Burnham.  
 
The Chair called the meeting to order and led the assembly in the Pledge of Allegiance.

Commissioner McMahon offered a motion to approve the amended agenda.  Motion seconded by Greene.  Commissioner Montzka offered a friendly motion to add another item, a Proclamation to Mr. Tom O’Mara for his service to the County.  The motion was accepted.  The motion carried as follows:  IN FAVOR THEREOF:  Greene, McMahon, Montzka, Robinson, Walker OPPOSED: None.

On motion by Greene, seconded by Robinson, the Board moved to recess to the Road and Bridge Committee of the Whole.  The motion carried as follows:  IN FAVOR THEREOF:  Greene, McMahon, Montzka, Robinson, Walker OPPOSED: None.

The Chair opened the Road and Bridge Committee of the Whole at 6:32 p.m.

The Board was given updates on the following current projects of the Public Works Department from County Engineer Joe Triplett; Projects in Design, Projects under Construction, County Ag Ditch 8, County Pavement Rating, Courthouse Parking Lot and Retaining Wall.  No action was taken.

On motion by McMahon, seconded by Greene, the Board moved the Engineers Report and item #2 to the Consent Agenda. The motion carried as follows:   IN FAVOR THEREOF:  Greene, McMahon, Montzka, Robinson, Walker OPPOSED: None.

On motion by Greene, seconded by Robinson, the Board moved to adjourn the Road and Bridge Committee of the Whole at 6:48 p.m.  The motion carried as follows:  IN FAVOR THEREOF:  Greene, McMahon, Montzka, Robinson, Walker OPPOSED: None.

On motion by Greene, seconded by McMahon, the Board moved to approve the Consent Agenda.  The motion carried as follows:   IN FAVOR THEREOF:  Greene, McMahon, Montzka, Robinson, Walker OPPOSED: None.

1.) Accept County Engineer's Report
2.) R&B Committee Recommendation –
3.) R&B Committee Recommendation –
4.) Authorize Payment of the County’s Warrants and Miscellaneous Bills

Bills Paid 10/9/2017 $447,679.49

Authorize Payment of County’s Warrants for HHS:
Prepared Check Date: 10/6/2017
Amount: $196,390.25
Mail Date:
Type of Payment: County’s Warrants

Prepared Check Date: 10/6/2017
Amount: $83,557.86
Mail Date: 10/18/2017
Type of Payment: Auditor’s Warrants

Lake Area Bank; Tracy Armistead; Sheriff; training, supplies; $361.71
Lake Area Bank; Matthew Beckman; Sheriff; training; $173.91
Lake Area Bank; Chase Burnham; Admin.; Conference; $144.16
Lake Area Bank; Amy Chavez; Probation; supplies; $253.00
Lake Area Bank; Janet Converse; Recorder; training, supplies; $314.48
Lake Area Bank; Jon Eckel; MICS; supplies; $640.43
Lake Area Bank; Dennis Freed; Auditor; supplies; $53.54
Lake Area Bank; Keith Hoppe; Sheriff; supplies; $128.07
Lake Area Bank; Tammy Johnson; HHS; supplies, conference; $558.47
Lake Area Bank; John Keefe; Assessor; training, conference; $539.90
Lake Area Bank; Renee Kirchner; Human Resources; supplies; $242.48
Lake Area Bank; Tracy Krona; HHS; supplies; $30.79
Lake Area Bank; Bruce Messelt; Admin.; conference, supplies; $608.66
Lake Area Bank; Lori Olson; Sheriff; supplies; $81.16
Lake Area Bank; Janet Reiter; Attorney; supplies, registration, supplies; $463.90
Lake Area Bank; Kurt Schneider; ESD; registration; $85.00
Lake Area Bank; Scott Sellman; Sheriff; supplies; $37.52
Lake Area Bank; Jon Thompson; M/F; supplies; $21.39
Lake Area Bank; Joe Triplett; Public Works; conference; $234.34

Jail/LEC Project
Aaron Carlson Corporation $23,938.10
Anderson Technology $54,150.00
Contegrity Group $29,268.63
Contegrity Group $33,504.38
Heartland Glass Co. $7,302.65
Honeywell ACS Building Solutions $14,248.10
NAC Mechanical and Electrical Services $206,245.00
Patzoldt Concrete and Masonry $46,234.22
Pauly Jail Building Co. Inc. $217,782.75
Summit Fire Protection $5,254.83
Superior Tile and Terrazzo $42,750.00
Thelen Heating and Roofing Inc. $32,870.00
Thurnbeck Steel Fabrication Inc. $19,950.00
Weidner Mechanical $147,250.00

5.) Minutes from the October 4, 2017 Regular Meeting

6.) Application for Exempt Gambling Permit – North Branch Court Club

RESOLUTION NO. 17/1018-1
APPROVING SUBMISSION OF AN EXEMPT PERMIT FOR
GAMBLING FOR THE NORTH BRANCH COURT CLUB

WHEREAS, the Chisago County Board of Commissioners has been presented with a request for lawful gambling within Chisago County; and

WHEREAS, the application was complete, included all necessary documentation, appears in accordance with County Policies and the facility owners are in good standing with the County;

BE IT RESOLVED that the Chisago County Board of Commissioners hereby approves and authorizes submission to the Minnesota Gambling Control Board application for an exempt permit for lawful gambling activity for the North Branch Court Club at the Lent Town Hall, located at 33155 Hemingway Avenue, Stacy, MN 55079.
    
County Administrator Bruce Messelt updated the Board on the activities of the Environmental Services Department: Grant for LCCMR for East End Section H of the Swedish Immigrant Trail is recommended for funding if Governor Approves, Board of Adjustment meets Sept. 26, Planning Commission  Nov. 2nd, Building and Permit Data.  No action was taken.

On motion by McMahon, seconded by Greene, the Board moved to accept the Director’s Report.  The motion carried as follows: The motion carried as follows:   IN FAVOR THEREOF:  Greene, McMahon, Montzka, Robinson, Walker OPPOSED: None.

On motion by Robinson, seconded by Walker, the Board moved to approve the Neil Greene final plat of “Greene Addition” in Franconia Township, Sec.11, T.33, R.20 on Olympic Trail, PID #04.00331.20).  The motion carried as follows: The motion carried as follows:   IN FAVOR THEREOF:  McMahon, Montzka, Robinson, Walker OPPOSED: None ABSTAIN: Greene.

On motion by Greene, seconded by Robinson, the Board moved to accept the Nystrom Publishing quote and approve the agreement for Creation of the Chisago County Environmental Connections Newsletter.  The motion carried as follows: The motion carried as follows:   IN FAVOR THEREOF:  Greene, McMahon, Montzka, Robinson, Walker OPPOSED: None.

On motion by McMahon, seconded by Greene, the Board moved to approve proceeding with the 2018 procurement by the Chisago County Sheriff’s Office of a vehicle for sole use by the Solid Waste Deputy position, funded by the Solid Waste Management Fund.  The motion carried as follows: The motion carried as follows:   IN FAVOR THEREOF:  Greene, McMahon, Montzka, Robinson, Walker OPPOSED: None.

Deputy Auditor/Treasurer Bridgitte Konrad provided the Board with the January – September Finance Report.

On motion by McMahon, seconded by Robinson, the Board moved to accept the Auditor’s January – September Finance Report, as recommended by the Budget & Finance Committee.  The motion carried as follows: The motion carried as follows:   IN FAVOR THEREOF:  Greene, McMahon, Montzka, Robinson, Walker OPPOSED: None.

At 7:04 p.m., the Chair opened Citizen Forum.  0 Citizen spoke; the Chair closed Citizen Forum at 7:04 p.m.

Chair Montzka opened the Public Hearing in regards to the proposed Chisago County Buffer Ordinance at 7:04 p.m.  0 Citizens spoke; the Chair closed the Public Hearing at 7:05 p.m.

On motion by Greene, seconded by McMahon, the Board moved to approve and adopt the proposed Chisago County Buffer Ordinance, as presented at tonight’s meeting, (and/or as amended) and publish a summary ordinance in accordance with State law.   The motion carried as follows: The motion carried as follows:   IN FAVOR THEREOF:  Greene, McMahon, Montzka, Robinson, Walker OPPOSED: None.

HRA/EDA Director Nancy Hoffman provided information to the Board regarding the Tax Abatement request from Lakes Brewing Company with the three owners of Lakes Brewing Company.

Chair Montzka opened the Public Hearing in regards to the Tax Abatement request from Lakes Brewing Company at 7:10 p.m.  0 Citizens spoke, the Chair closed the Public Hearing at 7:12 p.m.

On motion by McMahon, seconded by Greene, the Board moved to approve the tax abatement for Solstice Properties/Lakes Brewing Company.   The motion carried as follows: The motion carried as follows:   IN FAVOR THEREOF:  Greene, McMahon, Montzka, Robinson, Walker OPPOSED: None.

RESOLUTION NO. 17/1018-2
APPROVING TAX ABATEMENT ASSISTANCE FOR
LAKES BREWING COMPANY/SOLSTICE PROPERTIES, LLC.
IN THE CITY OF CHISAGO CITY, MN

BE IT RESOLVED by the Board of Commissioners of Chisago County (the “County”) as follows:

1. Recitals.
1.1 Lakes Brewing Company, a Minnesota corporation and Solstice Properties, LLC, a Minnesota limited liability company, (the “Developer”) proposes to purchase and renovate the Chisago City firehall and community center located at 10825 Lake Blvd in Chisago City, MN. The current PID number for the site is 13.00039.00 herein (the “Property”).
1.2 Developer proposes to renovate the existing firehall into a brewery and taproom (including upgrades to electrical, natural gas, ventilation to bring property to code for a food manufacturing facility, loading dock area, roof repairs, asbestos removal, ADA compliance as well as interior/exterior upgrades) on the Property and the Developer anticipates hiring not less than 3 FTE employees (at an average of $25.00 per hour with benefits and 4 PT employees (at an average of $12.00 per hour) over the next 5 years (the “Project”).
1.3 The Developer has requested assistance from the County in the form of tax abatement as allowed by Minnesota Statutes Section 469.1813 (the “Statute”).
1.4 The County’s HRA/EDA (“Authority”) has recommended approval of the Developer’s tax abatement assistance request with certain specified contingencies.

2. Findings.
2.1 The Property is not located in a tax increment financing district.
2.2 The proposed tax abatement assistance relating to the Property and the Project upon the terms and subject to the conditions and contingencies set forth in this Resolution is in the best interest of the County and meets the criteria for granting such assistance in that:
a. The Project will increase the tax base of the County.
b. The Project will provide additional employment opportunities in the County.
c. The Project will help develop or renew blighted areas.
2.3 Without the tax abatement assistance recommended for approval hereunder, it is unlikely that the Developer would be able to renovate the Project within the reasonably foreseeable future.
2.4 The tax abatement assistance provided by the County hereunder does not constitute a Business Subsidy under Minnesota Statutes 116J.993, Subd. 3(1).
2.5 The granting of the tax abatement assistance set forth herein will not cause the County to be in violation of the limits set forth in Minnesota Statutes Sections 469.1813, Subd. 8.

3. Resolution.
3.1 The County hereby agrees that upon completion of the Project the County will provide the Developer tax abatement assistance in an amount equal to the increase in property taxes received by the County as a result of the construction of the Project commencing with the first increase in such taxes and continuing thereafter until the earlier of (i) five (5) years from such first increase date or (ii) Developers receipt of $50,000.00 in total County tax abatement subject to the conditions, contingencies and requirements described herein. The County tax abatement amount will further be limited in that it shall not exceed $10,000.00 paid to the Developer in any given calendar year.
3.2 The tax abatement assistance recommended for approval hereunder is contingent upon and subject to the following:
a. The County’s receipt and review of such documentation as shall be necessary to establish that the Developer will receive the tax abatement assistance amounts for use with respect to eligible costs relating to the Project. Such documentation may consist of, but not be limited to: invoices in support of such eligible costs.
b. The execution of a tax abatement and development agreement (“Tax Abatement and Development Agreement”) between the City, the County and the Developer substantially setting forth the specific terms of the tax abatement assistance granted by the County and containing such terms and provisions as shall be appropriate in the determination of the County staff, officers and consultants to carry out the intent of this Resolution including without limitation, Developer’s agreement to: create 3 FTE jobs (at an average of $25.00 per hour with benefits and 4 PT jobs (at an average of $12.00 per hour ) over the next 5 years (the “Project”).
3.3 The Chisago County Board Chair and Clerk to the Board are authorized and directed with the assistance of County staff and consultants, to execute the Abatement Agreement.
3.4 The Chisago County Board Chair and Clerk to the Board are hereby authorized and directed to take any and all such further actions consistent with this Resolution as shall be reasonably required to carry out the transactions contemplated by this Resolution.

County Assessor John Keefe discussed the current state of construction and development activity, property valuation, and growth in the County’s tax base.  No action taken.

On motion by McMahon, seconded by Greene, the Board moved to the report from County Assessor John Keefe.   The motion carried as follows: The motion carried as follows:   IN FAVOR THEREOF:  Greene, McMahon, Montzka, Robinson, Walker OPPOSED: None.

Chair Montzka stepped down, Vice Chair McMahon assumed the gavel.

On motion by Montzka, seconded by Greene, the Board moved to approve the agreement with Carlson McCain for the removal of 4 underground fuel tanks and canopy for a cost of approximately $20,147.00.  The motion carried as follows: The motion carried as follows:   IN FAVOR THEREOF:  Greene, McMahon, Montzka, Robinson, Walker OPPOSED: None.

Chair Montzka resumed the gavel from Vice Chair McMahon.

On motion by Greene, seconded by McMahon, the Board moved to approve the transfer from the Public Safety Center (Phase II) Project Budget of unused funds from the SAC/WAC and Building permit/Plan Review Fees accounts to the Contingency account and authorize a proposed Change Order with Weidner Plumbing and Heating for an amount not to exceed $60,000 for procurement and installation of Water Softeners.  The motion carried as follows: The motion carried as follows:   IN FAVOR THEREOF:  Greene, McMahon, Montzka, Robinson, Walker OPPOSED: None.

On motion by Robinson, seconded by Walker, the Board moved to approve by resolution the appointment of Dr. A. Quinn Strobl as the Chisago County Medical Examiner for a four-year term, effective January 1, 2018 through December 31, 2021.  The motion carried as follows: The motion carried as follows:   IN FAVOR THEREOF:  Greene, McMahon, Montzka, Robinson, Walker OPPOSED: None.

RESOLUTION NO. 17/1018-3
APPOINTING DR. A. QUINN STROBL AS THE
CHISAGO COUNTY MEDICAL EXAMINER FOR A 4 YEAR TERM
 
WHEREAS, pursuant to Minnesota Statute 390.005, Subd. 1, for which the Board of Commissioners may state by resolution the intent to fill the vacancy; and

WHEREAS, Minnesota Statute 390.005, Subd. 2 provides for the appointment of a qualified individual to serve as County Medical Examiner for a period not to exceed four years; and

WHEREAS, Dr. A. Quinn Strobl by virtue of professional qualifications meets the statutory requirements and has provided the level of services desired by this Board since January 1, 2013;

NOW, THEREFORE, BE IT RESOLVED, that the Chisago County Board of Commissioners hereby appoints Dr. A. Quinn Strobl, as the Chisago County Medical Examiner for a four year term, effective January 1, 2018 through December 31, 2021.

On motion by Robinson, seconded by Greene, the Board moved to approve the Agreement to provide Law Enforcement Services for the City of Harris for 2018 and 2019.  The motion carried as follows: The motion carried as follows:   IN FAVOR THEREOF:  Greene, McMahon, Montzka, Robinson, Walker OPPOSED: None.

On motion by McMahon, seconded by Greene, the Board moved to approve contract extension No. 2 between Chisago County, MN and CBM Managed Services for the Chisago County Jail Food Services.  The motion carried as follows: The motion carried as follows:   IN FAVOR THEREOF:  Greene, McMahon, Montzka, Robinson, Walker OPPOSED: None.

On motion by Greene, seconded by Robinson, the Board moved to approve the establishment of Class A, Class B and Class C definitions to the MidAmerica Plan.  The motion carried as follows: The motion carried as follows:   IN FAVOR THEREOF:  Greene, McMahon, Montzka, Robinson, Walker OPPOSED: None.

On motion by McMahon, seconded by Greene, the Board moved to approve the resolution suggesting the County’s support for applications for funding from the Local Road Improvement Program.  The motion carried as follows: The motion carried as follows:   IN FAVOR THEREOF:  Greene, McMahon, Montzka, Robinson, Walker OPPOSED: None.

RESOLUTION NO. 17/1018-4 LRIP SOLICIATION FUNDING SUPPORT

WHEREAS, The Local Road Improvement Program (LRIP) is established in Minnesota Statute 174.52; and

WHEREAS, The Local Road Improvement Program was appropriated $25.3M during the 2017 Legislature session; and

WHEREAS, this funding is available for statewide solicitation to fund projects in the Routes of Regional Significance Account, the Rural Road Safety Account or the Trunk Highway Account, and

WHEREAS, Eligible projects must be approved for construction letting by June 2020 and preference will be given to project in 2018 and 2019, and

WHEREAS, County applicants may request up to $1,000,000 for each proposed LRIP project; and

WHEREAS, the Chisago County Board of Commissioners supports this program and its Public Works Director in pursuing and applying for funds from this program for the following projects:

2018 Construction:
• CSAH 20 Bridge Replacement
• CSAH 30 Improvements (CSAH 19 to CSAH 17)
• CSAH 19 Improvements (Anoka County Line to I-35)

2019 Construction:
•  County Road 86 Reconstruction (TH 95 to CSAH 26)
•  CSAH 39 Reconstruction (CSAH 3 to CSAH 7)

2020 Construction:
•  TH 8/CSAH 26 Intersection Improvements
•  CSAH 25 Reconstruction (Washington County Line to 295th St)

WHEREAS, the estimated project costs will exceed the amount of LRIP funding, County Funding will be used by the County to pay the additional cost.

NOW, THEREFORE, BE IT RESOLVED, that the Chisago County Board of Commissioners does hereby support the application and pursuit of funds from the Local Road Improvement Program for construction of the above projects and will pay any additional amount by which the cost exceeds the amount of LRIP funding.

On motion by Robinson, seconded by McMahon, the Board moved to approve Commissioners Greene and Robinson as the Delegates for AMC.  The motion carried as follows: The motion carried as follows:   IN FAVOR THEREOF:  Greene, McMahon, Montzka, Robinson, Walker OPPOSED: None.

On motion by Walker and seconded by McMahon, the Board moved to approve the proposed list of MCIT Delegates for upcoming annual meeting.  The motion carried as follows: The motion carried as follows:   IN FAVOR THEREOF:  Greene, McMahon, Montzka, Robinson, Walker OPPOSED: None.

On motion by Robinson, seconded by Greene, the Board moved to direct County staff to proceed with advancement of County legislative priorities, as agreed to at tonight’s meeting.  The motion carried as follows: The motion carried as follows:   IN FAVOR THEREOF:  Greene, McMahon, Montzka, Robinson, Walker OPPOSED: None.

On motion by Robinson, seconded by McMahon, the Board moved to approve the proposed Amendment/Change Order to the professional/technical services agreement with Klein McCarthy for conduct of initial B3 analysis of Phase II of the County’s Public Safety Center Project, for a projected cost of $25,000, to be funded through the Project Contingency Fund, and authorize the County Board Chairperson, County Attorney, County Auditor/Treasurer, and County Administrator to prepare and execute the necessary Agreements and budget adjustments, to as agreed to at tonight’s meeting.  The motion carried as follows: The motion carried as follows:   IN FAVOR THEREOF:  Greene, McMahon, Montzka, Robinson, Walker OPPOSED: None.

On motion by McMahon, seconded by Greene, the Board moved to recognize Mr. Tom O’Mara for his service to Chisago County.   The motion carried as follows: The motion carried as follows:   IN FAVOR THEREOF:  Greene, McMahon, Montzka, Robinson, Walker OPPOSED: None.

County Administrator Messelt provided the following updates: Correspondence, Electronic Participation will continue, MACA Conference Summary, Tour of new LEC/Jail.  No action was taken.

Several Commissioners offered reports of their respective committee assignments. No action was taken.

On motion by Robinson, seconded by Greene, the Board adjourned the meeting at 8:33 p.m.  The motion carried as follows:  IN FAVOR THEREOF:  Greene, McMahon, Montzka, Robinson, Walker OPPOSED: None.


______________________________
Ben Montzka, Chair

Attest:___________________________
Chase Burnham
Clerk of the Board



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AnnMarie Brink - US Bank

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