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(January 16, 2025)

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CHISAGO COUNTY
BOARD OF COMMISSIONERS
OFFICIAL PROCEEDINGS
Wednesday, December 18, 2024

The Chisago County Board of Commissioners met in regular session at 6:30 p.m. on Wednesday, December 18, 2024 at the Chisago County Government Center with the following Commissioners present: Jim Swenson, Rick Greene, Marlys Dunne, Ben Montzka, Dan Dahlberg.

Also present: County Administrator Chase Burnham, County Attorney Janet Reiter, Assistant County Attorney Jeff Fuge, and Clerk of the Board Christina Vollrath.

The Chair called the meeting to order and led the assembly in the Pledge of Allegiance.

Commissioner Greene offered a motion to approve the amended agenda. Motion seconded by Montzka, the motion passed as follows: IN FAVOR THEREOF: Swenson, Greene, Dunne, Montzka, Dahlberg. OPPOSED: None.

On motion by Dahlberg, seconded by Montzka, the Board opened the Road and Bridge Committee of the Whole at 6:31 p.m. The motion carried as follows: IN FAVOR THEREOF: Swenson, Greene, Dunne, Montzka, Dahlberg. OPPOSED: None.

The Board was given updates on the current projects of the Public Works Department from County Engineer Joe Triplett. No action was taken.

On motion by Greene, seconded by Swenson, the Board moved items 1-3 to the consent agenda. The motion carried as follows: IN FAVOR THEREOF: Swenson, Greene, Dunne, Montzka, Dahlberg. OPPOSED: None.

On motion by Greene, seconded by Dunne, the Board moved to close the Road and Bridge Committee of the Whole at 6:39 p.m. The motion carried as follows: IN FAVOR THEREOF: Swenson, Greene, Dunne, Montzka, Dahlberg. OPPOSED: None.

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

1) R&B Committee Recommendation – County Engineer’s Report

2) R&B Committee Recommendation – SRF Contract Extension for TH 8 Project

3) R&B Committee Recommendation – No Parking Request for CSAH 6 Project

RESOLUTION NO. 24/1218-1
APPROVING THE ESTABLISHMENT OF NO
PARKING ZONE ON CSAH 6 (BASSWOOD ROAD)

WHEREAS, Nessel Township has requested parking restrictions on CSAH 6 (Basswood Rd) to improve traffic safety and operations in and around the Stauffer Lake area;

WHEREAS, Chisago County is performing an improvement project on CSAH 6 in 2025 that could afford the opportunity to incorporate the Township’s request;

NOW, THEREFORE, BE IT RESOLVED, that the Chisago County Board of Commissioners hereby prohibits parking as requested by the Township. This shall become effective at the completion of the improvement project.

4) Minutes from the December 4, 2024, County Board of Commissioners Meeting

5) Payment of County’s Warrants and Miscellaneous Bills $670,303.29

Per Minnesota Statutes 375.1, proceedings of the County Board including a list of itemized accounts, claims or demands must be published in the official newspaper. The itemized list of claims is available for public review on the County website at https://www.chisagocounty.us/1197/Claims-Paid. Claims less than $2,000 are listed as a total dollar amount and notes the number of claims included in the total.

6) Budget Adjustment Request - Parks

Environmental Services Director Kurt Schneider presented the Board with the Director’s Report and action items. No action was taken.

On motion by Montzka, seconded by Dahlberg, the Board moved to approve Resolution No. 24/1218-2, a Resolution of the County Board of Commissioners of Chisago County, Minnesota, approving the Garrett Kerkow request for a Conditional Use Permit to allow a Major Home Occupation – Horse Training/Boarding facility on 5+/- acres in the Agricultural (A) District. The subject property is located at 19239 310th Street/CSAH 37 in in Shafer Township (PID #08.00330.10).

RESOLUTION NO. 24/1218-2
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF CHISAGO COUNTY, MINNESOTA, APPROVING A CONDITIONAL USE PERMIT FOR MAJOR HOME OCCUPATION ON PROPERTY LOCATED AT 19239 310TH STREET / CSAH 37 IN SHAFER TOWNSHIP

WHEREAS, property owner Garrett Kerkow submitted an application dated received October 24, 2024 and considered complete on November 4, 2024 for a Conditional Use Permit allowing a Major Home Occupation for the training and boarding of horses on property located at 19239 310th Street CSAH 37 in Shafer Township; and

WHEREAS, the 5± acre subject site is located in the Agricultural (AG) District and legally described as:

PID 08.00330.10

That part of the North 387.10 feet of the East 660.00 feet of Northeast Quarter of the Northeast Quarter of Section 33, Township 34, Range 19, Chisago County, Minnesota, lying south of Parcel 89, Chisago County Right of Way Plat No. 25.
Subject to 310th Street and Teal Avenue.

WHEREAS, notice was provided and on December 5, 2024 the Planning Commission conducted a public hearing regarding this application, at which it heard from the Land Services Coordinator, the property owner, and invited members of the public to comment; and

WHEREAS, the Planning Commission recommended approval of the Conditional Use Permit with Findings of Fact and conditions per Resolution No. PC2024-1201; and

WHEREAS, the Board of Commissioners considered the request and the Planning Commission’s recommendation at its December 18, 2024 meeting and made the following findings per Zoning Ordinance Section 8.04, C.:

Factor #1 The [proposed action is consistent with the] Comprehensive Plan and development policies of the County;

Finding #1 Chapter 6 of the Chisago County Comprehensive Plan identifies a goal of providing for a range of economic diversity and development opportunities to maintain and strengthen the County’s economy, with a policy of continuing to allow and encourage Home Occupations in all zoning districts if performance standards are met. The County finds that the proposed Major Home Occupation is consistent with the Comprehensive Plan and either meets or has the ability to meet, with application of appropriate conditions of approval, all performance standards provided in Zoning Ordinance Section 4.04, C.

Factor #2 The proposed use will not create an excessive demand on existing parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area;

Finding #2 The proposed use will utilize existing private sanitary facilities, private utilities, and off-street parking for customers and employees, and access to the subject site will be gained from the well-established and well-maintained 310th Street / CSAH 37 and Teal Avenue. Further, there is no evidence to suggest that the proposed use will have any impact on schools or other public facilities or utilities. Therefore, the County finds that the proposed Major Home Occupation will not create an excessive demand on existing parks, schools, streets, or other public facilities and utilities which serve the subject site and surrounding area.

Factor #3 The proposed use will be sufficiently compatible or separated by distance or screening from adjacent development or land so that existing development does not suffer undue negative impact and there will be no significant deterrence to future development;

Finding #3 The subject site and proposed use are largely screened from adjacent properties by existing berming, natural vegetation (trees) and distance; however, the Shafer Town Board has identified a need for additional screening between the proposed 70’ x 112’ structure and 310th Street / CSAH 37. Therefore, the County finds that the proposed use, with existing screening and distance and the implementation of a condition requiring additional screening, will be sufficiently screened and/or separated by distance from adjacent properties so as to not cause undue negative impact or deter future development.

Factor #4 The proposed use and site will have an appearance that will not have an adverse effect upon adjacent properties;

Finding #4 The proposed Major Home Occupation, including the training and boarding of horses, will primarily be conducted within a proposed 70’ x 112’ structure. Based on the description provided in the application materials submitted to the County on October 24, 2024, the County finds that the proposed structure will be constructed in a manner which will be aesthetically pleasing and generally consistent with structures found in the County’s Agricultural (AG) District. Therefore, the County finds no evidence to suggest that the proposed use or proposed structure will have an appearance which would cause adverse effects upon adjacent properties.

Factor #5 The proposed use, in the opinion of the County, is reasonably related to the overall land use goals of the County and to the existing land use;

Finding #5 The Chisago County Zoning Ordinance identifies Major Home Occupations as an allowable Conditional Use in various zoning districts, including the Agricultural (AG) District. The County finds that the proposed use, including the training and boarding of horses, is consistent with the purposes of the AG District and consistent with existing land uses in the general area of the subject site. Further, as described in Finding #1 above, the Chisago County Comprehensive Plan identifies a goal of providing for a range of economic diversity and development opportunities to maintain and strengthen the County’s economy, with a policy of continuing to allow and encourage Home Occupations in all zoning districts if performance standards are met. Therefore, the County finds that the proposed use directly relates to the land use goals of the County.

Factor #6 The proposed use is consistent with the purposes of the Zoning Ordinance and the purposes of the zoning district in which the applicant intends to locate the proposed use;

Finding #6 See Finding #5.

Factor #7 The proposed use will not cause traffic hazard or congestion; and

Finding #7 The subject site is located immediately adjacent to a well-established and well-maintained road system, including 310th Street / CSAH 37 to the north and Teal Avenue to the east. As proposed, the Major Home Occupation will not be open to the general public and will not feature events which would generate a significant increase in the amount of traffic entering and existing the site. Further, neither the Chisago County Highway Department, serving as Road Authority for 310th Street / CSAH 37, nor the Shafer Town Board, serving as Road Authority for Teal Avenue, expressed any concerns about impacts related to traffic hazard or congestion as a result of the proposed use. Therefore, the County finds no evidence to suggest that the proposed use will cause traffic hazards or congestion.

Factor #8 The proposed use will not adversely impact existing nearby properties by intrusion of noise, glare or general unsightliness.

Finding #8 The proposed Major Home Occupation will primarily be conducted within a proposed 70’ x 112’ structure. Other areas of the subject site will also be utilized for business purposes, including pastureland. Based on the nature of the proposed use, the limited number of employees, and the business not being open to the general public, the County finds that the proposed use will likely not cause adverse impacts to nearby properties by way of noise or glare. Further, based on the nature of the business, existing berming and vegetation, and the implementation of a condition requiring additional screening, the County finds that the proposed use will be consistent with nearby properties and the Agricultural (AG) District as a whole and will not cause adverse impacts by way of general unsightliness.

NOW THEREFORE, BE IT RESOLVED that the Board of Commissioners of Chisago County, Minnesota hereby approves the request for Conditional Use Permit, subject to the following conditions:

1. This Conditional Use Permit grants approval for the operation of a Major Home Occupation for the training and boarding of horses as described in the application materials dated received October 24, 2024 and kept on file with the Chisago County Department of Environmental Services and as conditioned herein.

2. The Major Home Occupation shall be limited to the training and boarding of no more than ten (10) customer-owned horses at any given time.

3. All Major Home Occupation activities taking place outside of the dwelling, including, but not limited to, delivery and collection of customer-owned horses and the training of customer-owned horses, shall be allowed on a year-round basis with hours of operation being 8:00 am to 8:00 pm.

4. In addition to the property owner and residents of the subject site, there shall be no more than five (5) employees on site at any given time.

5. The Major Home Occupation business shall not be open to the public. Additionally, no structure or land used in association with the business shall feature bleachers or general public seating areas.

6. No structure or land used in association with the Major Home Occupation shall be made available to be rented by the general public.

7. The facility shall not be used for public barrel racing competitions or any other equine competitions.

8. All animal waste shall be disposed of in a legal and appropriate manner.

9. To mitigate potential adverse impacts related to noise and appearance, the Major Home Occupation business shall be subject to the following:

a. The permit holder shall maintain existing tree cover and replace dying, dead, or downed trees located between the area of business operations and the surrounding property boundaries to the greatest extent possible.

b. The permit holder shall install a 6’ tall privacy fence and/or a double, staggered row of 6’ tall evergreen or other non-deciduous trees planted no greater than 16’ on center, which meet or exceed 75% opacity within three years of the approval date, adjacent to the north property boundary extending from the driveway to the east property boundary. This screening shall be fully installed within one year of the date of Conditional Use Permit approval.

10. The permit holder shall utilize downcast LED lighting for all outdoor lighting.

11. Any signage shall be installed in accordance with the Chisago County Zoning Ordinance.

12. Any expansion or intensification of the approved use – including, but not limited to, the construction of new structures used for the Major Home Occupation, an increase in the number of employees, an increase in the number of horses trained and/or boarded, expanded hours of operation, or other expansion or intensification as determined by the Chisago County Department of Environmental Services – shall only be allowed upon further review by the Planning Commission and approval by the Board of Commissioners by way of an Conditional Use Permit Amendment. The County acknowledges that the permit holder has obtained a building permit for the construction of the proposed arena, and this structure shall be allowed with this approval so long as it’s constructed in compliance with the building permit and all applicable codes and regulations.

13. Annual certification of the Conditional Use Permit is required. The permit holder shall notify the County annually that the activity permitted by the Conditional Use Permit is ongoing and the activities being conducted continue to adhere to the conditions of approval. Failure to maintain certification may be a basis to revoke the Conditional Use Permit. The property shall be made open and available for regular inspection at any time during reasonable hours by the Chisago County Department of Environmental Services and/or any duly authorized law enforcement agency.

The motion carried as follows: IN FAVOR THEREOF: Swenson, Greene, Dunne, Montzka, Dahlberg. OPPOSED: None.

On motion by Swenson, seconded by Dahlberg, the Board moved to approve Ordinance No. 2024-1218-1, an Ordinance to Repeal and Reenact the Chisago County Zoning Ordinance and its Summary Publication and Recording as presented.

CHISAGO COUNTY
STATE OF MINNESOTA
ORDINANCE NO. 2024/1218-1
AN ORDINANCE TO REPEAL AND REENACT THE CHISAGO COUNTY ZONING ORDINANCE THE CHISAGO COUNTY BOARD OF COMMISSIONERS HEREBY ORDAINS, as follows:

Section 1. That the current Chisago County Zoning Ordinance was enacted by the Board of Commissioners as Ordinance No. 08-3 on December 30, 2008 and recorded as Document No. A-505824, and, from time to time, the County Board enacted various amendments to said Ordinance.

Section 2. That the County initiated a comprehensive update of the Chisago County Zoning Ordinance for the purposes of addressing outdated or obsolete regulations; allowing for new or modified land uses; modernizing and organizing the Zoning Ordinance to make it easier to interpret; and, ensuring that the Zoning Ordinance is compliant with State and Federal standards.

Section 3. That the Planning Commission and Planning Commission Work Group held several work sessions, with the assistance and guidance of consultant Bolton & Menk, with the express intent to develop a draft Zoning Ordinance encompassing all of the purposes identified above.

Section 4. That notice was provided and on June 6, 2024, the Planning Commission conducted a public hearing regarding the proposed Zoning Ordinance update, at which it heard from the Director of Environmental Services and invited members of the public to comment. The Planning Commission unanimously recommended approval of the draft Zoning Ordinance with certain amendments as detailed in the Planning Commission meeting minutes of June 6, 2024.

Section 5. That the Board of Commissioners received advance copy of the draft Zoning Ordinance, as recommended by the Planning Commission, on December 4, 2024 and formally reviewed said Ordinance at its December 18, 2024 meeting.

Section 6. That the Chisago County Zoning Ordinance, as enacted pursuant to Ordinance No. 08-3 and all amendments subsequently enacted thereto are repealed in their entirety.

Section 7. That the Chisago County Zoning Ordinance, as incorporated herein and attached hereto as Attachment A, is reenacted.

Section 8. That the Board of Commissioners finds that publication of the full reenacted Chisago County Zoning Ordinance would be cost prohibitive, and that publication of the title and a summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. The Board of Commissioners hereby ordains that only the title of the Ordinance and a summary be published as follows:

CHISAGO COUNTY
STATE OF MINNESOTA
ORDINANCE NO. 2024/1218-1
AN ORDINANCE TO REPEAL AND REENACT THE CHISAGO COUNTY ZONING ORDINANCE

It is the intent and effect of this Ordinance to repeal the Chisago County Zoning Ordinance and all Amendments thereto in their entirety and reenact an updated Chisago County Zoning Ordinance.

The general purpose of the reenacted Chisago County Zoning Ordinance is to provide for and protect the public health, safety, and general welfare through the following objectives: to prevent the overcrowding of land; to promote orderly growth and development of the County; to limit congestion and promote safety in the public rights-of-way; to stage development to coincide with the efficient provision of necessary public services; to establish districts and regulate therein, the location and use of structures and land; to preserve the character and maintain property values within rural, residential, business, and industrial areas of the County; to protect long term agricultural opportunities in the County; to preserve natural resources and to preserve the environmental quality of the County; and, to ensure that legal and appropriate building standards are met.

The purposes of the reenacted Chisago County Zoning Ordinance are to address outdated and/or obsolete regulations; to allow for new or modified land uses; to modernize and organize the Ordinance to make it easier to interpret; and, to ensure that the Ordinance is compliant with State and Federal standards. The updated Zoning Ordinance includes sections titled: Title; Purpose; Definitions; General Provisions; Zoning District Provisions; Special Management Overlay Districts; Performance Standards; and, Administration and Enforcement. Most, if not all, sections have been impacted by passage of this Ordinance.

The full reenacted Chisago County Zoning Ordinance is available for inspection by any person during regular business hours at the Chisago County Auditor-Treasurer’s Office, 313 North Main Street, Suite 271/274, Center City, Minnesota, and the Chisago County Department of Environmental Services, 313 North Main Street, Suite 240, Center City, Minnesota. The full reenacted Chisago County Zoning Ordinance may also be viewed at www.chisagocountymn.gov/Reeancted Chisago County Zoning Ordinance.

Section 9. That this Ordinance and the Chisago County Zoning Ordinance, as reenacted herein, shall become effective on January 1, 2025, after its passage and publication of the above summary.

The motion carried as follows: IN FAVOR THEREOF: Swenson, Greene, Dunne, Montzka, Dahlberg. OPPOSED: None.

On motion by Swenson, seconded by Greene, the Board moved to approve Ordinance No. 2024-1218-2, an Ordinance to Repeal and Reenact the Chisago County Subdivision Ordinance and its Summary Publication and Recording as presented.

CHISAGO COUNTY
STATE OF MINNESOTA
ORDINANCE NO. 2024/1218-2
AN ORDINANCE TO REPEAL AND REENACT THE CHISAGO COUNTY SUBDIVISION ORDINANCE THE CHISAGO COUNTY BOARD OF COMMISSIONERS HEREBY ORDAINS, as follows:

Section 1. That the current Chisago County Subdivision Ordinance was adopted by the Board of Commissioners as Ordinance No. 99-2 on May 19, 1999 and recorded as Document No. 011214, and, from time to time, the County Board enacted various amendments to said Ordinance.

Section 2. That the County initiated a comprehensive update of the Subdivision Ordinance for the purposes of addressing outdated or obsolete regulations; updating processes for more streamlined approaches to development; modernizing and organizing the Ordinance to make it easier to interpret; and, ensuring that the Ordinance is compliant with State and Federal standards.

Section 3. That the Planning Commission and Planning Commission Work Group held several work sessions, with the assistance and guidance of consultant Bolton & Menk, with the express intent to develop a draft of the comprehensive updated Subdivision Ordinance encompassing all of the purposes identified above.

Section 4. That notice was provided and on June 6, 2024, the Planning Commission conducted a public hearing regarding the draft updated Subdivision Ordinance, at which it heard from the Director of Environmental Services and invited members of the public to comment. The Planning Commission unanimously recommended enactment of the draft updated Subdivision Ordinance as detailed in the Planning Commission meeting minutes of June 6, 2024.

Section 5. That the Board of Commissioners received advance copy of the draft updated Subdivision Ordinance, as recommended by the Planning Commission, on December 4, 2024 and formally reviewed said Ordinance at its December 18, 2024 meeting.

Section 6. The Chisago County Subdivision Ordinance, enacted as Ordinance No. 99-2 and all amendments subsequently enacted thereto, are repealed in their entirety.

Section 7. The Chisago County Subdivision Ordinance, as incorporated herein and attached hereto as Attachment A, is reenacted.

Section 8. That the Board of Commissioners finds that publication of the full reenacted Chisago County Subdivision Ordinance would be cost prohibitive, and that publication of the title and a summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. The Board of Commissioners hereby ordains that only the title of the Ordinance and a summary be published as follows:

CHISAGO COUNTY
STATE OF MINNESOTA
ORDINANCE NO. 2025/1218-2
AN ORDINANCE TO REPEAL AND REENACT THE CHISAGO COUNTY SUBDIVISION ORDINANCE

It is the intent and effect of this Ordinance to repeal the Chisago County Subdivision Ordinance and all amendments thereto in their entirety and reenact an updated Chisago County Subdivision Ordinance in their place.

The general purposes of the reenacted Chisago County Subdivision Ordinance are to protect the public health, safety, and welfare; protect the natural resources of the County; encourage well-planned, efficient, and attractive subdivisions with appropriate standards for design and construction; establish minimum standards for right-of-way and park land dedication; provide for the health and safety of residents by requiring properly designed streets and environmentally sound sewer and water systems; ensure that the costs of new development are borne by benefited properties and not the community at large; protect existing and future investments and property values; secure the rights of the public with respect to access to public lands and waters; promote and protect the compatibility of land uses; and, implement the Chisago County Comprehensive Guide Plan.

The purposes of the reenacted Chisago County Subdivision Ordinance are to address outdated or obsolete regulations; update processes for more streamlined approaches to development; modernize and organize the Ordinance to make it easier to interpret; and, ensure that the Ordinance is compliant with State and Federal standards. The reenacted Subdivision Ordinance includes sections titled: General Provisions; Definitions; Platting Procedure; Minimum Design Standards; Improvements; Other Types of Development; and, Administration and Enforcement. Most, if not all, sections of the Subdivision Ordinance have been impacted by passage of this Ordinance.

The full reenacted Chisago County Subdivision Ordinance is available for inspection by any person during regular business hours at the Chisago County Auditor-Treasurer’s Office, 313 North Main Street, Suite 271/274, Center City, Minnesota, and the Chisago County Department of Environmental Services, 313 North Main Street, Suite 240, Center City, Minnesota. The full reenacted Chisago County Subdivision Ordinance may also be viewed at www.chisagocountymn.gov/Reeancted Chisago County Subdivision Ordinance.

Section 9. That this Ordinance and the Chisago County Subdivision Ordinance, as reenacted herein, shall become effective on January 1, 2025, after its passage and publication of the approved summary.

The motion carried as follows: IN FAVOR THEREOF: Swenson, Greene, Dunne, Montzka, Dahlberg. OPPOSED: None.

On motion by Swenson, seconded by Greene, the Board moved to approve Ordinance No. 2024-1218-3, an Ordinance to Repeal and Reenact the Chisago County Shoreland Management Ordinance and its Summary Publication and Recording as presented.

CHISAGO COUNTY
STATE OF MINNESOTA
ORDINANCE NO. 2024/1218-3
AN ORDINANCE TO REPEAL AND REENACT THE CHISAGO COUNTY SHORELAND
MANAGEMENT ORDINANCE THE CHISAGO COUNTY BOARD OF COMMISSIONERS HEREBY ORDAINS, as follows:

Section 1. That the current Chisago County Shoreland Management Ordinance was adopted by the Board of Commissioners on October 5, 1992 and recorded as Document No. 247463, and, from time to time, the County Board enacted various amendments to said Ordinance.

Section 2. That the County initiated a comprehensive update of the Shoreland Management Ordinance for the purposes of addressing outdated or obsolete regulations; allowing for new or modified land uses; modernizing and organizing the Ordinance to make it easier to interpret; and, ensuring that the Ordinance is compliant with State and Federal standards.

Section 3. That the Planning Commission and Planning Commission Work Group held several work sessions, with the assistance and guidance of consultant Bolton & Menk, with the express intent to develop a draft of the comprehensive updated Shoreland Management Ordinance encompassing all of the purposes identified above.

Section 4. That notice was provided and on June 6, 2024, the Planning Commission conducted a public hearing regarding the proposed Shoreland Management Ordinance update, at which it heard from the Director of Environmental Services and invited members of the public to comment. The Planning Commission unanimously recommended enactment of the draft updated Shoreland Management Ordinance as detailed in the Planning Commission meeting minutes of June 6, 2024.

Section 5. That the Minnesota Department of Natural Resources offered conditional approval of the draft updated Shoreland Management Ordinance by letter dated July 30, 2024.

Section 6. That the Board of Commissioners received advance copy of the draft updated Shoreland Management Ordinance, as recommended by the Planning Commission, on December 4, 2024 and formally reviewed said Ordinance at its December 18, 2024 meeting.

Section 7. The Chisago County Shoreland Management Ordinance, enacted on October 5, 1992 and all amendments subsequently enacted thereto, are repealed in their entirety.

Section 8. The Chisago County Shoreland Management Ordinance, as incorporated herein and attached hereto as Attachment A, is reenacted.

Section 9. That the Board of Commissioners finds that publication of the full reenacted Chisago County Shoreland Management Ordinance would be cost prohibitive, and that publication of the title and a summary of the reenacted Ordinance will clearly inform the public of the intent and effect of the Ordinance. The Board of Commissioners hereby ordains that only the title of the Ordinance and a summary be published as follows:

CHISAGO COUNTY
STATE OF MINNESOTA
ORDINANCE NO. 2024/1218-3
AN ORDINANCE TO REPEAL AND REENACT THE CHISAGO COUNTY SHORELAND
MANAGEMENT ORDINANCE

It is the intent and effect of this Ordinance to repeal the Chisago County Shoreland Management Ordinance and all amendments thereto in their entirety and reenact an updated Chisago County Shoreland Management Ordinance in their place.

The general purposes of the reenacted Shoreland Management Ordinance are to regulate the subdivision, use and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources.

The purposes of the updated Shoreland Management Ordinance, as reenacted, are to address outdated or obsolete regulations; allow for new and modified land uses; modernize and organize the Ordinance to make it easier to interpret; and, ensure that the Ordinance is compliant with State and Federal standards. The reenacted Shoreland Management Ordinance includes sections titled: Statutory Authorization and Policy; General Provisions and Definitions; Administration; Shoreland Classification System and Land Use Districts; Special Land Use Provisions; Dimensional and General Performance Standards; Performance Standards for Public and Private Facilities; Vegetation and Land Alterations; Subdivision / Platting Provisions; Planned Unit Developments (PUDs); Water Supply and Sewage Treatment; and, Date of Effect. Most, if not all, sections have been impacted by passage of this Ordinance.

The full reenacted Chisago County Shoreland Management Ordinance is available for inspection by any person during regular business hours at the Chisago County Auditor-Treasurer’s Office, 313 North Main Street, Suite 271/274, Center City, Minnesota, and the Chisago County Department of Environmental Services, 313 North Main Street, Suite 240, Center City, Minnesota. The full reenacted Chisago County Zoning Ordinance may also be viewed at www.chisagocountymn.gov/
Reeancted Chisago County Shoreland Management Ordinance.

Section 10. That this Ordinance and the Chisago County Shoreland Management Ordinance, as reenacted herein, shall become effective on January 1, 2025, after its passage and publication of the approved summary.
The motion carried as follows: IN FAVOR THEREOF: Swenson, Greene, Dunne, Montzka, Dahlberg. OPPOSED: None.

On motion by Greene, seconded by Swenson, the Board moved to approve and authorize execution of Chisago County Household Hazardous Waste (HHW) Renovation Construction Agreement with General Contractors of Minnesota, Inc. and authorize $260,410 in previously dedicated ARPA funding in satisfaction of required MPCA grant match funding obligation. The motion carried as follows: IN FAVOR THEREOF: Swenson, Greene, Dunne, Montzka, Dahlberg. OPPOSED: None.

On motion by Dahlberg, seconded by Greene, the Board moved to approve the 2025 Recycler Contracts with AAA Recycling; Evergreen Recycling; Recycling For Wildlife; and SRC Inc. as presented. The motion carried as follows: IN FAVOR THEREOF: Swenson, Greene, Dunne, Montzka, Dahlberg. OPPOSED: None.

On motion by Greene, seconded by Montzka, the Board moved to approve the Professional/Technical Services Contract Between the Chisago County Environmental Services Department and Chisago Soil and Water Conservation District for Water Quality Monitoring Assessment as presented at tonight’s meeting. The motion carried as follows: IN FAVOR THEREOF: Swenson, Greene, Dunne, Montzka, Dahlberg. OPPOSED: None.

On motion by Montzka, seconded by Dahlberg, the Board moved to approve the Peterson Companies Inc., Construction Contract for Weir Rehabilitation of Lake Ellen and Lofton Avenue Weirs. in the LID. The motion carried as follows: IN FAVOR THEREOF: Swenson, Greene, Dunne, Montzka, Dahlberg. OPPOSED: None.

On motion by Greene, seconded by Montzka, the Board moved to approve the 2025-26 Professional Technical Services Contract and Corresponding Statement of Work, with the Chisago Soil and Water Conservation District. The motion carried as follows: IN FAVOR THEREOF: Swenson, Greene, Dunne, Montzka, Dahlberg. OPPOSED: None.

On motion by Montzka, seconded by Dahlberg, the Board moved to approve the 2025 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 review as to form. The motion carried as follows: IN FAVOR THEREOF: Swenson, Greene, Dunne, Montzka, Dahlberg. OPPOSED: None.

On motion by Greene, seconded by Montzka, the Board moved to accept the December 11th Budget and Finance Report. The motion carried as follows: IN FAVOR THEREOF: Swenson, Greene, Dunne, Montzka, Dahlberg. OPPOSED: None.

On motion by Montzka, seconded by Greene, the Board moved to approve the date and time of the Annual Organization meeting of January 7th, 2025, at 9:00 a.m. The motion carried as follows: IN FAVOR THEREOF: Swenson, Greene, Dunne, Montzka, Dahlberg. OPPOSED: None.

On motion by Greene, seconded by Dahlberg, the Board moved to approve via the attached Resolutions the proposed 2025 Salary and Compensation Amounts for Elected Officials and Contracted and Non-Represented County Employees, and the proposed 2025 Per Diems for County Commissioners and Volunteers, as recommended [and/or modified] at tonight’s meeting. The motion carried as follows: IN FAVOR THEREOF: Swenson, Greene, Dunne, Montzka, Dahlberg. OPPOSED: None.

RESOLUTION NO. 24/1218-3
ESTABLISHING COUNTY COMMISSIONER
COMPENSATION AND PER DIEM RATE FOR 2025

WHEREAS, M.S. 375.055 and 375.06 set forth the authorization for compensation of Minnesota County Commissioners; and

WHEREAS, Chisago County Commissioners are eligible to receive per diem payments in accordance with the above-referenced statutes;

NOW, THEREFORE, BE IT RESOLVED, that the annual salary to be paid each Chisago County Commissioner for 2025 shall be $ 34,744.21, a 2% increase over 2024;

Note: 2007, 2008 & 2009 salary was $27,419, a 0% increase over 2006

Note: 2010 salary was $26,871, a 2% DECREASE over 2009

Note: 2011 & 2012 salary was $26,871, a 0% increase over 2010

Note: 2013 budget salary was $27,274, a 1.5% increase over 2012

Note: 2014 budget salary was $27,683, a 1.5% increase over 2013

Note: 2015 budget salary was $28,234, a 2% increase over 2014

Note: 2016 budget salary was $28,798, a 2% increase over 2015

Note: 2017 budget salary was $29,662, a 3% increase over 2016

Note: 2018 budget salary was $30,255, a 2% increase over 2017

Note: 2019 budget salary was $31,011, a 2.5% increase over 2018

Note: 2020 budget salary was $31,941.71 a 3% increase over 2019

Note: 2021 budget salary was $32,580.54 a 2% increase over 2020

Note: 2022 budget salary was $33.395.05 a 2.5% increase over 2021

Note: 2023 budget salary was $33.395.05 a 0% increase over 2022

Note: 2024 budget salary was $34,062.95 a 2% increase over 2023

BE IT FURTHER RESOLVED, that Commissioners may receive payment of per diem in the amount of $65.00 for meetings and conduct of official county business pursuant to statutory definition and further subject to County Attorney approval.

Note: 2007 - 2022 per diem rate was $50.00

Note: 2023 proposed per diem rate was $65.00

BE IT FURTHER RESOLVED, that in instances in which a commissioner might be separately authorized to receive a per diem for which there is a statutory basis apart from the one authorized for work as a county commissioner, Chisago County will deny the per diem payment to that Commissioner. Accordingly, a County Commissioner may not receive two per diems for the same meeting.

BE IT FURTHER RESOLVED, that Commissioners may be allowed and paid for actual and necessary traveling expenses incurred while attending meetings of the County Board, or while performing official duties as County Commissioner, or while serving on a board, committee or commission or for expenses reasonably incurred by a Commissioner in performance of the Commissioner’s official duties, pursuant to applicable Minnesota statutes and County Policy;

BE IT FURTHER RESOLVED, that the following list of committees be deemed eligible for per diem reimbursement under provisions of M.S. 375.055 and 375.06 and that, while an individual commissioner shall usually attend and participate in the work of the respective committees as the designated representative or seated alternate, any Commissioner may participate in the committee’s work and receive mileage only for said participation:

Association of MN Counties
Board of County Commissioners
Budget & Finance Committee (if meeting separately from Board of Commissioners’ Meeting)
Chisago County Emergency Preparedness Committee
Chisago County Jail/Law Enforcement Center Building Committee/ Radio Upgrade Project
Chisago Lakes Joint Sewer Commission
Chisago/Isanti Heartland Express Joint Powers Transit Board
Chisago/Ramsey/Washington Commuter Rail Study – Rush Line Task Force
Chisago County Maintenance and Facilities Committee
Chisago County Technology Committee
East Central Regional Library Board
East Central Solid Waste & 2-County Landfill, Recycling
ECRDC; (PLUS, Subcommittees) – Central MN Council on Aging and Metro Area Transportation
EMS Task Force
UofMN Extension Committee
Health & Human Services Committee of the Whole (if meeting separately from Board of Commissioners’ Meeting)
Highway 8 Task Force
HRA-EDA Board
Human Resources/Labor Relations/Personnel/Insurance Committee
Joint Job Training Board (PLUS, Subcommittees) – CMJTS, Inc. Operations Committee, WIB Executive Committee, Workforce Development Committee
Lakes & Pines Board; (PLUS, Subcommittee) - Negotiations
Law Library, Court Liaison
Legislative Committee – Mileage ONLY, NO Per Diems (Per Diems if meeting as Committee of the Whole separately from Board of Commissioners’ Meeting)
Library Service Delivery and Collaboration Group (Greater Minnesota/AMC)
Metro Alliance for Healthy Families – Governing Board
Metropolitan Emergency Services Board (MESB); (PLUS, Subcommittes) – Executive & Radio Cost Allocation Committee
NACO – Mileage ONLY, NO Per Diems
Parks Board
Planning Commission
Public Health Commission
One Watershed One Plan
Regional Juvenile Detention Facility – Lino Lakes
Road & Bridge Committee of the Whole (if meeting separately from Board of Commissioners’ Meeting); (PLUS, Subcommitte) – East Metro Transportation
So. Center/So. Lindstrom Sanitary Sewer District
Solid Waste Advisory Committee
Township Association (CCATO)
Water Plan Policy Team
County Facilities Committee
County Technology Committee
Chisago County Opioid Advisory Committee

RESOLUTION NO. 24/1218-4
ESTABLISHING ELECTED OFFICIALS & CONTRACTED EMPLOYEE SALARIES

WHEREAS, M.S. 387.20; M.S. 388.18; M.S. 387.14 and M.S. 375A.06 respectively call for the annual establishment of the salaries of County Sheriff, County Attorney, Chief Deputy Sheriff, and County Administrator; and

WHEREAS, the salaries of said elected officials are exempt from the provisions of the Minnesota Pay Equity Act; while the salary of the Chief Deputy Sheriff and County Administrator, are not exempt from the provisions of the Minnesota Pay Equity Act; but all do remain within the prerogative of the County Board to establish, and

WHEREAS, this Board has considered the relevancy of these salaries to other management salaries within the County and to the salaries of comparable positions in other jurisdictions;

NOW, THEREFORE, BE IT RESOLVED, that the Chisago County Board of Commissioners hereby establishes and sets the salaries for the County’s elected officials in the following amounts effective January 1, 2025,:

2025
County Sheriff: $169,177.57
County Attorney $169,177.57

BE IT FURTHER RESOLVED, that the Chisago County Board of Commissioners hereby establishes and sets the salary for the Chief Deputy Sheriff in the following amount effective January 1, 2025:

2025
Chief Deputy $153,899.30

BE IT FURTHER RESOLVED, that the Chisago County Board of Commissioners hereby establishes and sets the salary for the County Administrator in the following amount effective January 1, 2024:

2025
County Administrator $172,470.25

RESOLUTION NO. 24/1220-5
ESTABLISHING COMPENSATION FOR VOLUNTEER/CITIZEN
COMMITTEES FOR 2025

BE IT RESOLVED, that the Chisago County Board of Commissioners hereby establishes the per diem rate of $ 65.00 /meeting, plus mileage for members of voluntary/citizen committees appointed by the Board or for other volunteers who serve in an official capacity under this Board’s jurisdiction and for whom per diem is declared appropriate.

RESOLUTION NO. 24/1218-6
AUTHORIZING A COST OF LIVING ADJUSTMENT FOR NON-UNION
EMPLOYEES FOR 2025

WHEREAS, the County Board of Commissioners is authorized to establish the pay system for employees under its jurisdiction and is further authorized to adjust said system as it deems appropriate; and

WHEREAS, the County Board of Commissioners has previously approved wage adjustments of 2.0% for represented county employees, effective January 1st, 2025; and

NOW, THEREFORE, BE IT RESOLVED, that the Chisago County Board of Commissioners hereby authorizes the county’s master wage schedules to be adjusted by 2.0% for non-union employees, not otherwise subject to statutory provisions, consistent with the adjustment made for other represented county employees, and that said adjustment is effective January 1st, 2025.

On motion by Montzka, seconded by Greene, the Board moved to approve the Out-of-State Travel Request for Kim Booker to travel to Connecticut to provide Child protective services to a client that is residing in a specialized facility.

The motion carried as follows: IN FAVOR THEREOF: Swenson, Greene, Dunne, Montzka, Dahlberg. OPPOSED: None.

On motion by Greene, seconded by Montzka, the Board moved to approve the MFIP & DWP program provider agreement between Central Minnesota Jobs & Training Services (CMJTS) and Chisago County. The motion carried as follows: IN FAVOR THEREOF: Swenson, Greene, Dunne, Montzka, Dahlberg. OPPOSED: None.

On motion by Swenson, seconded by Montzka, the Board moved to approve the Canvas Health Contract through 2026. The motion carried as follows: IN FAVOR THEREOF: Swenson, Greene, Dunne, Montzka, Dahlberg. OPPOSED: None.

On motion by Greene, seconded by Montzka, the Board moved to approve the Minnesota Department of Health Local Public Health Grant Agreement thru 2029. The motion carried as follows: IN FAVOR THEREOF: Swenson, Greene, Dunne, Montzka, Dahlberg. OPPOSED: None.

On motion by Montzka, seconded by Dahlberg, the Board moved to approve the Contract with Lakes Center for Youth and Families to provide Pre-trial Diversion and Restorative Justice Programming for youth. The motion carried as follows: IN FAVOR THEREOF: Swenson, Greene, Dunne, Montzka, Dahlberg. OPPOSED: None.

On motion by Swenson, seconded by Greene, the Board moved to approve the Resolution allocating the remaining ARPA funds to Chisago County as an administrative fee to cover the expenses necessary to meet the administrative requirements of the American Rescue Plan Act. The motion carried as follows: IN FAVOR THEREOF: Swenson, Greene, Dunne, Montzka, Dahlberg. OPPOSED: None.

RESOLUTION NO. 24/1218-7
AUTHORIZING ALLOCATION OF THE UNSPENT AMERICAN
RESCUE PLAN FUNDS TO THE CHISAGO COUNTY ADMINISTRATIVE FEE

WHEREAS, on March 11, 2021, the President of the United States signed into law the American Rescue Plan Act of 2021(H.R. 1315), which allocates $130.2 billion in funding to local governments for COVID-19 pandemic relief; and

WHEREAS, the County of Chisago, Minnesota has been negatively impacted by the COVID-19 pandemic; and

WHEREAS, the U.S. Department of Treasury administered the plan, and the County of Chisago received its distributions of ARPA funding within 90 days of the enactment of the American Rescue Plan Act of 2021; and

WHEREAS, the County of Chisago expended ARPA funds on eligible activities by specific Terms and Conditions set forth by the U.S. Department of Treasury as part of accepting the funds; and

NOW, THEREFORE, BE IT RESOLVED by the County of Chisago, Minnesota that any ARPA funds unspent on eligible activities by December 31, 2024, will be used by Chisago County to cover Chisago County’s expenses necessary to meet the administrative requirements of the American Rescue Plan Act.

On motion by Montzka, seconded by Swenson, the Board moved to approve the transition of the Chisago County community supervision model from the CPO model to the CCA model effective July 1, 2025. The motion carried as follows: IN FAVOR THEREOF: Swenson, Greene, Dunne, Montzka, Dahlberg. OPPOSED: None.

RESOLUTION NO. 24/1218-8
RESOLUTION APPROVING THE COMMUNITY CORRECTIONS ACT AS THE CHISAGO COUNTY SERVICE DELIVERY SYSTEM

WHEREAS, Minnesota has three correctional delivery systems for the supervision of offenders on parole, probation, and supervised release; and

WHEREAS, Chisago County currently operates under the County Probation Officer (CPO) model as provided for in Minnesota Statute 244.19; and

WHEREAS, Chisago County conducted a thorough assessment of probation services in Chisago County; and

WHEREAS, the Board of Commissioners were able to evaluate the three delivery systems and how each relates to Chisago County’s organizational direction, including its mission, vision, and core values.

NOW, THEREFORE, BE IT RESOLVED by the County Board of Chisago, Minnesota as follows:

1. The Chisago County Board of Commissioners hereby approves changing Chisago County’s correctional service delivery from the County Probation Officer model to the Community Corrections Act (CCA) delivery model.

2. The Chisago County Board of Commissioners directs the Chisago County Probation Director to begin facilitating a transition to the CCA delivery system immediately, with the intent to officially provide correctional services under CCA on July 1, 2025.

On motion by Greene, seconded by Dahlberg, the Board moved to approve the 2025-26 Professional Technical Services Contract with the Chisago Soil and Water Conservation District. The motion carried as follows: IN FAVOR THEREOF: Swenson, Greene, Dunne, Montzka, Dahlberg. OPPOSED: None.

On motion by Montzka, seconded by Greene, the Board moved to authorize the transfer of the County’s legal interest in the parcel #05.001.0500 to the East Central Solid Waste Commission by Quit-Claim Deed. The motion carried as follows: IN FAVOR THEREOF: Swenson, Greene, Dunne, Montzka, Dahlberg. OPPOSED: None.

On motion by Greene, seconded by Dahlberg, the Board moved to approve the final payment for the 2024 Pavement Maintenance Project. The motion carried as follows: IN FAVOR THEREOF: Swenson, Greene, Dunne, Montzka, Dahlberg. OPPOSED: None.

On motion by Dahlberg, seconded by Greene, the Board moved to schedule a public hearing to adopt the 2025 Chisago County Fee Schedule for January 7th at 9:30 a.m. The motion carried as follows: IN FAVOR THEREOF: Swenson, Greene, Dunne, Montzka, Dahlberg. OPPOSED: None.

On motion by Montzka, seconded by Dahlberg, the Board moved to approve the Professional Services Agreement for the Law Clerk Position with the County Attorney’s Office to continue to utilize the previously allocated ARPA funds. The motion carried as follows: IN FAVOR THEREOF: Swenson, Greene, Dunne, Montzka, Dahlberg. OPPOSED: None.

CITIZENS FORUM
TIME – 8:13 p.m.
END TIME – 8:13 p.m.
# of SPEAKERS – 0

At the December 11th Budget and Finance Committee Meeting, Chair Marlys Dunne requested the Board be prepared to discuss their ‘2024 Board of Commissioner Goals,’ which were created at the 2024 Organizational Meeting on January 2nd, 2024.

By discussing their goals, the Board has given greater direction to staff. Board’s discussion would be compliance with applicable state and federal regulations and local county policies and procedures. No action was taken.

County Administrator Burnham provided administrative updates. No action was taken.

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

On motion by Dahlberg, seconded by Swenson, the Board adjourned the meeting at 8:36 p.m. The motion carried as follows: IN FAVOR THEREOF: Swenson, Greene, Dunne, Montzka, Dahlberg. OPPOSED: None.

Marlys Dunne, Chair

Attest: Christina Vollrath
Clerk of the Board

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