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home : public notices : legals-article
January 27, 2020

12/12/2019 4:02:00 PM
CHISAGO COUNTY BOARD OF COMMISSIONERS - OFFICIAL PROCEEDINGS: Wednesday, November 20, 2019

(December 12, 2019)

The Chisago County Board of Commissioners met in regular session at 6:30 p.m. on Wednesday, November 20, 2019 at the Chisago County Government Center with the following Commissioners present:  DuBose, Greene, McMahon, Montzka, Robinson. Also present:  County Attorney Janet Reiter, and Interim County Administrator Chase Burnham, and Interim Clerk of the Board Christina Vollrath.
 
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 Montzka, the motion passed as follows:  IN FAVOR THEREOF:  DuBose, Greene, McMahon, Montzka, Robinson OPPOSED: None.

The Chair opened the Road and Bridge Committee of the Whole at 6:30 p.m.

The Board was given updates on the following current projects of the Public Works Department from County Engineer Joe Triplett: Highway 8 – did not get Federal Grant; Hazelden Roundabout Update.  No action was taken.

On motion by DuBose, seconded by McMahon, the Board moved to accept the Highway Engineer’s Report and moved items 1-2, 21, and 27 to the Consent Agenda. The motion carried as follows:   IN FAVOR THEREOF:  DuBose, Greene, McMahon, Montzka, Robinson OPPOSED: None.

At 6:47 p.m., the Chair closed the Road and Bridge Committee of the Whole.

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

Accept County Engineer's Report

R&B Committee Recommendations: Final Payments for CR 55 and CSAH 30

Minutes from November 6, 2019 Board Meeting

Payment of County’s Warrants and Miscellaneous Bills

21.)   Professional Services Contract with Kimley-Horn & Associates for Engineering Services

27.)  Final Contract Payment for SAP 13-620-026 CSAH 20 Bridge Replacement

Environmental Services Director Kurt Schneider presented the Board with the following action items; ReCollect – Chisago County MN Services Agreement Contract; 2021 Professional Technical Services Contract with Chisago Soil and Water Conservation District; 2020 General Engineering and Admin Services Agreement; 2020 Noxious Weed and Invasive Plant Grant; Joint Powers Entity; 1W1P – Chisago Lakes Lake Improvement District; IPS Solar Interim Use Permit; Repealing and Replacing Section 4.04 Home Occupations Zoning Ordinance; Spencer Addition Plat; Sunrise Hill Plat.  No action was taken.

On motion by DuBose, seconded by McMahon, the Board moved to approve the ReCollect – Chisago County MN Services Agreement Contract.  The motion carried as follows: IN FAVOR THEREOF: DuBose, Greene, McMahon, Montzka Robinson. OPPOSED:  None.

On motion by DuBose, seconded by McMahon, the Board moved to approve the 2020-21 Professional Technical Services Contract with the Chisago Soil and Water Conservation District.  The motion carried as follows: IN FAVOR THEREOF: DuBose, Greene, McMahon Montzka, Robinson OPPOSED: None.

On motion by McMahon, seconded by DuBose, the Board moved to approve the 2020 General Engineering and Administrative Services Agreement between Chisago County and Emmons & Olivier Resources, Inc along with Carp Management and Aquatic Plant Point Intercept Surveys for the Chisago Lakes Lake Improvement District pending County Attorney’s review as to form. The motion carried as follows: IN FAVOR THEREOF: DuBose, Greene, McMahon Montzka, Robinson OPPOSED: None.

On motion by DuBose, seconded by McMahon, the Board moved to authorize Chisago County staff to submit a request for the 2020 Noxious Weed and Invasive Plant Grant as presented at tonight’s meeting.  The motion carried as follows: IN FAVOR THEREOF: DuBose, Greene, McMahon, Montzka, Robinson OPPOSED: None.

At 7:06 p.m., the Chair opened Citizen Forum.  2 Citizens spoke; the Chair closed Citizen Forum at 7:10 p.m.

On motion by DuBose, seconded by McMahon, the Board moved to identify a Joint Powers Entity (JPE) as the Preferred Organizational Arrangement for 1W1P Implementation and Authorize Policy Committee Representative Commissioner DuBose to Forward Said Recommendation to the 1W1P Policy Committee.  The motion carried as follows: IN FAVOR THEREOF: DuBose, Greene, McMahon, Montzka, Robinson OPPOSED: None.

On motion by McMahon, seconded by DuBose, the Board moved to approve the resolution to submit a formal request to the One Watershed One Plan Policy Committee that the Chisago Lakes Lake Improvement District be included as a signatory organization in the upcoming One Watershed One Plan agreement and formally participate in any future agreements and committees.  The motion carried as follows: IN FAVOR THEREOF: DuBose, Greene, McMahon, Montzka, Robinson OPPOSED: None.

On motion by McMahon, seconded by DuBose, the Board moved to approve the IPS Solar Interim Use Permit to construct a one-megawatt solar garden at the SW corner of County Roads 9 & 11, Sunrise Township, Sec. 28, T.35, R20 (PID #09.00303.10).  with Findings as presented and Conditions as recommended by the Planning Commission and/or as amended at tonight’s meeting.  The motion carried as follows: IN FAVOR THEREOF: Greene, McMahon, Montzka, Robinson OPPOSED: DuBose.

RECOMMENDED CONDITIONS:

The location of solar array shall be approved with the 20 foot setback in the west and south side yard on the site plan as presented and adjusted to confirm and accommodate a 275 foot setback from adjacent dwelling unit.     

Construction and routine maintenance activities shall be limited to daytime working hours, as defined in Minn. R. 7030.0020, to ensure nighttime noise level standards will not be exceeded.
 
Permittee shall implement MPCA-recommended erosion and sediment control devices which are deemed by the Department to be applicable, obtain an NPDES Permit, and provide the Department with the Storm Water Pollution Prevention Plan (SWPPP).

Areas of bare ground at the facility shall be re-vegetated with a low-growing, accepted pollinator-friendly seed mix, and shall be maintained throughout the life of the project.

The permittee shall include a second row of plantings to include Dogwood plantings staggered six feet tall (or a similar species if recommended by landscape architect or certified arborist) planted 16 feet on center along the full length of the south and east sides of the project perimeter.  Screening shall be established and maintained for the life of the project, including re-establishment of buffer in the case of decimation or destruction by disease, weather, fire or other peril.

The maximum height of the solar panels shall be ten feet; perimeter fencing shall be of agricultural fencings a.k.a. “deer fence” design, with wooden posts, woven wire, no barbed wire, and constructed to be a minimum of eight feet tall.

Prior to building permit approval, verification by a landscape architect or certified arborist shall be provided which verifies that the proposed screening plan should achieve 75% opacity by year three of the project, or the plan shall be revised to identify and implement alternative effective screening that will achieve that goal.

Perimeter fencing and landscape screening shall be installed prior to issuance of the Certificate of Occupancy.   

Maintenance of the screening shall be guaranteed by financial surety in an amount sufficient to guarantee that the planting height and 75% opacity screening goals are achieved by the end of year three shall be provided prior to building permit approval.

All activities conducted within wetlands shall be carried out, regulated and/or prohibited in accordance with the provisions of MN Chapter 8420.

The Permittee shall follow MN DNR’s recommendations for avoiding and minimizing impacts to Blanding’s turtle.

Permittee shall maintain aesthetic appearance of the project property, including disposal of trash, waste, and other detritus, for the life of the project.

The project shall be decommissioned in accordance with the decommissioning plan. Failure of the permittee to properly decommission the site may result in the issuance of a citation and criminal charges, and/or County seizure of the financial surety and decommissioning of the site. In the event that decommissioning costs exceed the amount of surety, adequate funds shall be collected from the developer, landowner, and/or assessed against the property.

Financial surety guaranteeing decommissioning in accordance with the plan shall be provided and maintained by the permittee in an amount equal to or greater than 125% of the developer’s estimated decommissioning cost as approved by county staff at the time of submission. The surety shall be provided in association with the building permit application; final building permit approval shall be conditioned upon receipt and approval of said surety.

The project shall include abatement measures (e.g. coniferous vegetation, fencing, enclosure, or other insulating treatments) to direct noise generated by the solar system invertors from existing residential structures located on adjoining properties. To the greatest extent practical, solar system noise generating invertors shall be situated away from existing residential structures located on adjoining properties.

The project shall be developed, and the facility operated in a manner consistent with the proposal elements identified in the application, except insofar as the elements of the proposal are superseded by the above conditions of approval.

The Interim Use Permit shall be valid for up to 35 years from the date of approval or earlier in the permit term if the solar project as determined by County Staff is deemed satisfactorily decommissioned.  

Violations of these conditions of permit approval shall be cause for the revocation of the Interim Use Permit upon action of the County Board.

The decommission plan shall require the removal of all structures, foundations and pilings regardless of depth below grade.

The electrical line from project site to point of interconnection on County Road 9 shall be buried.

If project owner does not remove any temporary construction structures, Chisago County would have the right to remove any temporary construction structures 12 months after going on-line and costs for removal will be paid from the escrow funds for the decommissioning.  

The inverter and all associated equipment pad and installation components shall be moved to the NE corner of the project site.

On motion by DuBose, seconded by McMahon, the Board moved to Adopt Ordinance 112019-1 repealing and replacing Section 4.04 Home Occupations of the Chisago County Zoning Ordinance.  The motion carried as follows: IN FAVOR THEREOF: DuBose, Greene, McMahon OPPOSED: Montzka, Robinson.

On motion by McMahon, seconded by DuBose, the Board moved to approve the Roger Spencer “Spencer Addition” preliminary plat at 14702 310th St; PID 02.00750.00.  The motion carried as follows: IN FAVOR THEREOF: DuBose, Greene, McMahon, Montzka, Robinson OPPOSED: None.

On motion by DuBose, seconded by McMahon, the Board moved to approve the Kevin and Melisa Denker “Sunrise Hill” preliminary plat in Section 2, T. 36, R. 21; PID 09.00485.40.  The motion carried as follows: IN FAVOR THEREOF: DuBose, Greene, McMahon, Montzka, Robinson OPPOSED: None.

On motion by McMahon, seconded by Montzka, the Board moved to accept the Auditor-Treasurer’s November 2019 Finance Report, as prepared for the Budget & Finance Committee.  The motion carried as follows: IN FAVOR THEREOF: DuBose, Greene, McMahon, Montzka, Robinson OPPOSED: None.

On motion by McMahon, seconded by Montzka, the Board moved to approve the County of Chisago State Health Improvement Program Grant Agreements- TRIO Wolf Creek Distance Learning Charter School.  The motion carried as follows: IN FAVOR THEREOF: DuBose, Greene, McMahon, Montzka, Robinson OPPOSED: None.

On motion by McMahon, seconded by Montzka, the Board moved to approve the Professional/Technical Services Contract between Solid Oak Financial Services and Chisago County.  The motion carried as follows: IN FAVOR THEREOF: DuBose, Greene, McMahon, Montzka, Robinson OPPOSED: None.

On motion by McMahon, seconded by Montzka, the Board moved to approve the Chisago County and Canvas Health Contract through 2020.  The motion carried as follows: IN FAVOR THEREOF: DuBose, Greene, McMahon, Montzka, Robinson OPPOSED: None.

 On motion by McMahon, seconded by DuBose, the Board moved to authorize the Chisago County MICS Director to execute the agreements and PO’s as required to complete these projects for the upgrade of the radio and 911 logging equipment.  The motion carried as follows: IN FAVOR THEREOF: DuBose, Greene, McMahon, Montzka, Robinson OPPOSED: None.

On motion by Robinson, seconded by DuBose, the Board moved to accept the 2020 and 2021 State of Minnesota Snowmobile Safety Enforcement Grant from the Minnesota Department of Natural Resources.  The motion carried as follows: IN FAVOR THEREOF: DuBose, Greene, McMahon, Montzka, Robinson OPPOSED: None.

On motion by DuBose, seconded by McMahon, the Board moved to approve the contract between Chisago County and POPS!.  The motion carried as follows: IN FAVOR THEREOF: DuBose, Greene, McMahon, Montzka, Robinson OPPOSED: None.

On motion by Montzka, seconded by McMahon, the Board moved to approve advertising vacancies on the Chisago County Citizen Committees.  The motion carried as follows: IN FAVOR THEREOF: DuBose, Greene, McMahon, Montzka, Robinson OPPOSED: None.

Interim County Administrator Burnham provided the following updates: MCIT award.  No action was taken.

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

On motion by McMahon, seconded by Robinson, the Board moved to approve the contract with outgoing County Auditor-Treasurer Dennis Freed, to create an appointed position of County Auditor-Treasurer in Chisago County.  The motion carried as follows: IN FAVOR THEREOF: DuBose, Greene, McMahon, Robinson OPPOSED: Montzka

The Board discussed ARMER User/Subscriber Agreements.  NO ACTION TAKEN.

On motion by McMahon, seconded by Robinson, the Board adjourned the meeting at 8:32 p.m.  The motion carried as follows:  IN FAVOR THEREOF:  DuBose, Greene, McMahon, Montzka, Robinson OPPOSED: None.
_____________________________
Richard Greene, Chair

Attest:___________________________
Christina Vollrath
Interim Clerk of the Board

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