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Chisago City Council heard significant concerns about two zoning issues, one a variance already approved, for a storage building at 28820 Green Lake Ave., and the other, an Interim Use Permit (IUP), still under discussion, for a community solar garden at 8920 275th St.

Elizabeth Baxter came forward during the public comment portion of the meeting to voice her strong opposition to the variances approved for a new storage shed which her neighbors placed on a bluff near the shore of Green Lake. The shed, which replaced two older storage sheds, had been erected without a permit. Baxter especially objected to a retaining wall which she said had been built in order to place the shed even closer to the lakeshore.

She described the shed as “teetering on the hill.”

“I want you to think more thoughtfully about what happened,” she said. “You’re supposed to represent everybody.”  Baxter said the variance for the shed did not meet requirements for a variance as no hardship existed. Baxter said if the council wasn’t going to enforce existing ordinances they should change them. She repeated her request that the council bring the variance up for reconsideration that night.

On the advice of its attorney, the council did not respond.

City Attorney Patrick Doran  told Baxter, “They can bring it up at a future meeting, but I recommend they do not bring it up tonight.” He advised the council not to discuss the issue due to pending litigation.  Following the meeting, City Administrator John Pechman confirmed that Baxter has initiated a lawsuit regarding the disputed storage building.

Later in the meeting, the council tabled Sunrise Energy Ventures’ request for a 25-year IUP to install and operate a five megawatt community solar garden on property where another solar garden already exists. The existing solar array and occupies eight acres of the 96 agricultural property.

The solar array reportedly meets all setbacks except a 350-foot setback from the east property line, and shows an 8-foot berm around the array.   City staff had recommended denial of the IUP; the planning commission recommended approval with certain stipulations. The commission acknowledged the existing solar array was inadequately screened and there were issues with water. They recommended a landscape plan and a storm water plan be provided, reviewed and approved.

A neighbor to the existing solar told the council that the existing berm does not extend the full 1,700 feet of the property, that trees planted for screening only come up to her knees, and that ever since the initial solar array was built water has flooded her property. She said that despite three years of drought her property is continually flooded by water which has caused her trees to die.

Council member Craig Myer moved to table the IUP to the December meeting saying he had noticed some discrepancies between measurements in diagrams and what could be seen on the property. The measurements will be resolved before making a decision.

In other business, the council:

- learned that, unlike the market for used cars, the market for used firetrucks is poor. After receiving no offers from other municipalities interested in purchasing old Chisago City fire engine No. 2, the council accepted the highest of two bids received and sold the 1991 truck to a local business for $11,500. Engine 2 was replaced by new engine No, 12 this summer.

- authorized payment of $47,757.84 to Bituminous Roadways Inc. for 2023 street and utility improvement. The payment is the fourth for the $898,283 project which included bituminous paving, sub grade excavation, striping and restoration of several city streets. The city continues to retain 2 percent (about $16,000) of the total project cost pending completion of a number of punch list items, some of which cannot be completed until next spring,  Pechman said.

- voted unanimously to participate in a class action lawsuit brought against 3M and Dupont regarding the presence of perfluoro octane sulfonic acid (PFAS) in municipal water systems. PFAS were used for decades in products such as nonstick cookware, stain resistant fabrics, firefighting foam and cleaning products. Sampling has shown trace amounts of PFAS .0051 micrograms per liter in the Chisago City water system. This is significantly lower than the maximum of 7 micrograms per liter or less recommended by the Minnesota Department of Health. The League of Minnesota Cities indicated the city had three options, participate in the class action suit, bring its own suit or drop out entirely. The council chose to participate.

- agreed to Chisago County keeping Chisago City’s $347 share of voting allocation funding from the state of Minnesota. In Chisago County, the county is responsible for regular elections (ballots, voting machines, etc.) and each municipality operates the polling places in its jurisdiction. The county may use the state funds for expenditures directly related to election administration.

- adopted revised personnel and credit card policies as presented by Finance Director Cassie Gemuenden and recommended by the personnel committee. Full-time employees earn eight hours of sick and safe time per month worked. The city will now provide temporary and seasonal employees with one hour of sick time per 30 hours worked, and confirmed by written policy its existing practice of providing paid break time to nursing mothers to express milk.  Chisago City employees can now also qualify for sick leave to care for sick grandchildren as well as for themselves, their children or their spouses. The new credit card policy requires that employees using a city credit card must now sign a credit card use agreement.

- certified $87,620 in delinquent sewer and water bills, including 10 percent penalties and administrative fees, and $1,500 the city spent mowing of two nuisance yards in the past year. The fees will be assessed against the property owners’ real estate taxes payable in 2024. The 70 Chisago City property owners with more than $300 past due had until Nov 17 to make payment.

- issued 2024 on-sale and off-sale liquor and cigarette licenses to all existing license holders in Chisago City. Police background checks of all licensees were approved and fees paid by Nov. 22 as required. (On-sale liquor license fees of $2,500 can be paid in two installments.) The police chief reported no significant issues with license holders in the past year. A complete list of liquor and cigarette licenses issued can be viewed at city hall.

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