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home : public notices : legals-article December 4, 2016

12/6/2012 1:12:00 PM
UNAPPROVED MINUTES CHISAGO COUNTY BOARD OF COMMISSIONERS OFFICIAL PROCEEDINGS Wednesday, November 21, 2012

 The Chisago County Board of Commissioners met in regular session at 6:30 p.m. Wednesday, November 21, 2012 in the Board Room of the Government Center with the following Commissioners present:  Robinson, Montzka, Greene and McMahon.  Absent:  Walker.  Also present:  County Attorney Janet Reiter, County Administrator Bruce Messelt and Clerk of the Board DeAnna Lilienthal.

 

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

 

            Commissioner Montzka offered a motion to approve the Revised Agenda for the Board of Commissioners meeting as presented.  Motion seconded by Greene and, upon a vote being taken thereon, the motion carried as follows:  IN FAVOR THEREOF:  McMahon, Greene, Montzka, Robinson   OPPOSED:  None   ABSENT:  Walker.

 

            At 6:31 p.m. the Chair opened the public hearing for purposes of receiving comment on the Variance Request by Donald Damm to Ordinance No. 05-2:  Access Management Ordinance for two (2) additional accesses off CSAH 12 just south of 36945 Park Trail.  Mr. Damm is requesting one access for a non-existing residence and one changed use from field entrance to residential driveway that would serve two residences.

 

            Offering background for the county was County Administrator Bruce Messelt.  Also present to offer comment was Donald Damm.

 

            The Chair closed the hearing at 6:38 p.m.

 

            Commissioner Montzka offered a motion to postpone for consideration until Wednesday, December 19, 2012 the Variance Request by Donald Damm to Ordinance No. 05-2:  Access Management Ordinance for two (2) additional accesses off CSAH 12 just south of 36945 Park Trail.  Motion seconded by Greene and, upon a vote being taken thereon, the motion carried as follows:  IN FAVOR THEREOF:  McMahon, Greene, Montzka, Robinson   OPPOSED:  None   ABSENT:  Walker.

 

            Wetlands/Water Specialist Jeff Fertig and Environmental Services Director Mary Darragh Schmitz reviewed their request to accept a grant from the Lessard Outdoor Heritage Fund for $577,000 with no local match required, and to enter into a contract with the State of Minnesota, Commissioner of Natural Resources to acquire 108 acres of land to add to the existing Janet Johnson Memorial Wildlife Management Area.

 

 

            Commissioner Greene offered the following resolution and moved its adoption:

 

RESOLUTION NO. 12/1121-1

APPROVING THE MINNESOTA DEPARTMENT OF

NATURAL RESOURCE GRANT AGREEMENT

IDENTIFYING THE PROJECT REPRESENTATIVE AND

AUTHORIZING GRANT FUNDS FOR THE ADDITION TO THE

JANET JOHNSON MEMORIAL WILDLIFE MANAGEMENT AREA

Note:  Resolution of Approval of the (Outdoor Heritage Fund) Appropriations through the Minnesota Department of Natural Resources to conduct the Addition to the Janet Johnson Memorial Wildlife Management Area (ML 2011, 1st Special Session, Chapter 6, Article 1, Section, Subdivision 5c).

 

            BE IT RESOLVED, by The Chisago County Board of Commissioners that it hereby designates Jeffrey Fertig, Chisago County Environmental Services as the Authorized Project Representative for the Addition to the Janet Johnson Memorial Wildlife Management Area funded via appropriations from the Outdoor Heritage Council.

 

            The Project Representative shall have the authority to represent the Chisago County Board of Commissioners in all matters that do not specifically require action by the Chisago County Board of Commissioners.

 

            BE IT FURTHER RESOLVED, by the Chisago County Board of Commissionersthat the Project Representative designated above is hereby authorized to submit to the State of Minnesota, Department of Natural Resources a grant agreement and reimbursement request for the work related to the Addition to the Janet Johnson Memorial Wildlife Management Area.

 

            Commissioner Montzka seconded the resolution and upon a vote being taken thereon, the following voted:

              IN FAVOR THEREOF:  McMahon, Greene, Montzka, Robinson

            OPPOSED:  None

            ABSENT:  Walker

Whereupon the resolution was declared duly passed and adopted.

 

            Environmental Services Director Mary Darragh Schmitz was present to review the report and recommendations of the Planning Commission meeting of November 1, 2012.

 

            Commissioner Greene offered a motion to receive the report of the Planning Commission meeting of November 1, 2012 and approved the request by Kevin and Theresa Slattengren to operate a rural tourism business at their home property in Sec. 9, T.33, R.19 (Franconia Township) at 28776 St. Croix Trail (PID #04.00129.10) based on the following FINDINGS OF FACT:

 

1.      The use is consistent with the Comprehensive Plan and development policies of the County.  Yes.  The Chisago County Comprehensive Development Plan outlines a number of goals and policies which are meant to support and encourage this type of development, including the following:

 

      Natural Resources Goal Section 2-12:  Prime scenic views and historic landscapes will be recognized as an important local amenity and an increasingly desirable local amenity drawing outside revenue from visitors that is vital to the local economy.

 

      Policies:

            1.            Identify and protect quality of visitor experience of prime scenic features, areas of exceptional rural ambience, important historic sites and their surrounding settings, and prime areas for flora study and wildlife viewing, and public spaces open to low impact outdoors recreation.

 

      Economic Development Goal Section 7-8:  Provide for a range of economic diversity and development opportunities in the County.

 

            Policies:

            1.            Promote natural amenities in the County as assets to economic development and business opportunity.

            2.            Promote tourism as an expanding opportunity for employment and tax base.

 

2.      The 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.  Staff did not identify any demand at all, let alone any excessive demand, which would be likely to result from approval of this application.

 

3.      The use is 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.  Yes.  Given the large size of this property and the low level activities which are expected to generate from CUP approval, no undue negative impact is expected, nor should there be any deterrence to future development which results from this land use.  In addition, the activities which will take place at this property are practically and aesthetically related to the Agricultural zone, and as such are regarded as compatible with surrounding development.

 

4.      The structure and site do not have an appearance that will have an adverse effect upon adjacent properties.  Apart from the expansion of the existing barn, no additional buildings are planned.  No significant change in the appearance of the property is expected or anticipated, which would cause adverse impact to nearby lands.

 

5.      The use is in the opinion of the County reasonably related to the overall land use goals of the County and to the existing land use, and consistent with the purposes of the Zoning Ordinance/Zoning District in which the applicant intends to locate the proposed use.  Yes.  The County amended its Zoning Ordinance last year with the specific intention of allowing and encouraging the development of this type of Rural Tourism attraction.  (See Section 5.06 (C) 25 of the Chisago County Zoning Ordinance.)  In accordance with that section, it is anticipated that approval of this CUP will:

  • Preserve and celebrate Chisago County’s archaeological properties, rural and agricultural heritage, and historical landscapes;
  • Recognize Chisago County’s scenic features, exceptional rural ambience, historic sites as desirable local amenities which will draw outside revenue from visitors, that is vital to the local economy;
  • Enhance Chisago County’s appeal to visitors who are drawn to its rural atmosphere;
  • Provide opportunities for new economic growth through Rural Retail Tourism businesses;
  • Assist the County’s citizens in the transition from primarily agricultural land uses, to an expanded variety of rural opportunities as active family farming continues to diminish in Chisago County.

 

6.      The use will not cause traffic hazard or congestion.  The use will most likely cause a small increase in traffic, but is highly unlikely to result in any congestion or hazard.

 

7.      Existing nearby properties will not be adversely affected by intrusion of noise, glare or general unsightliness.  No.  Please refer to Items #3 and 4 above in this section.

 

and with the following conditions:

1.)   This is a phased Conditional Use Permit to operate a rural tourism business offering local produce, maple syrup, arts and crafts, and related merchandise, and to offer seasonal outdoor recreation activities, such as hayrides, a corn maze and similar activities.

2.)   PHASE I will consist of:

         Retail Sales:

  • Maple Syrup Production and Retail Sales
  • Honey Production and Retail Sales
  • Retail Sales of Fruits and Vegetables
  • Pick Your Own Fruit Option – Raspberries, Blueberries, Grapes, Apples
  • Pumpkin Patch
  • Sales of Pumpkin, Squash, Gourds, Indian Corn, associated autumn décor merchandise
  • Christmas Tree Sales


Other Retail Sales:

Locally produced arts, crafts, pottery, and similar items of local and regional interest


Recreational Activities to be Offered:

  • Hayrides
  • Corn Maze
  • Sleigh Rides
  • Mini-Petting Zoo
  • Similar low-impact recreational activities

3.)            PHASE II will consist of:

Retail Sales of Value Added Products:

  • Ice Cream
  • Hot and Cold Drinks
  • Homemade Jellies and Jams
  • Pies
  • Caramel Apples
  • Homemade Specialty Breads
  • Canned and Pickled Fruits and Vegetables
  • Baked Goods, Cookies, and Bars
  • Custom-ordered Bakes Products (i.e. Custom Ordered Cakes, Wedding Cakes, etc.)

3.)   The business will be open seasonally, in normal years from late March through the year’s end.  The hours will generally be 10:00 a.m. to 6:00 p.m., but will be adjusted seasonally as needed to accommodate fall harvest activities and recreation.

4.)   Signage must be in accordance with Section 4.14 of the Chisago County Zoning Ordinance.

5.)   The permit holder must notify the County annually that the activity permitted by the CUP is ongoing, and the activities being conducted continue to adhere to the conditions of approval.

Motion seconded by Montzka and, upon a vote being taken thereon, the motion carried as follows:  IN FAVOR THEREOF:  McMahon, Greene, Montzka, Robinson   OPPOSED:  None   ABSENT:  Walker.

 

            Commissioner Greene offered the following resolution and moved its adoption:

 

RESOLUTION  NO. 12/1121-2

APPROVING AN AMENDMENT TO SECTION 3 – DEFINITIONS,

SECTION 5.06 (C) – CONDITIONAL USES (Agricultural District),

SECTION 5.06 (D) – CONDITIONAL USES (Agricultural District),

SECTION 5.06 (D) – INTERIM USES (Agricultural District),

SECTION 5.08 (C) – CONDITIONAL USES (Rural Residential I District),

SECTION 5.08 (D) – INTERIM USES (Rural Residential I District),

SECTION 5.09 (C) – CONDITIONAL USES (Rural Residential II District),

SECTION 5.09 (D) – INTERIM USES (Rural Residential II District),

SECTION 5.12 (C) – CONDITIONAL USES

(Commercial/Limited Industrial District),

SECTION 5.12 (D) – INTERIM USES (Commercial/Limited Industrial District),

SECTION 5.14 (C) – CONDITIONAL USES (Protection and Transfer District),

SECTION 5.14 (D) – INTERIM USES (Protection and Transfer District),

SECTION 8.04-1 – INTERIM USE PERMITS

OF THE CHISAGO COUNTY ZONING ORDINANCE

REGARDING INTERIM USE PERMIT REQUIRED

 

ORDINANCE NO. 08-3

 
Chisago County, Minnesota

 

AN ORDINANCE RELATING TO, AND REGULATING THE USE OF LAND,

THE LOCATION, SIZE, USE AND HEIGHTS OF BUILDINGS;

THE ARRANGEMENT OF BUILDINGS ON LOTS;

THE DENSITY OF POPULATION; THE USE OF NATURAL RESOURCES; AND THE PRESERVATION OF ENVIRONMENTAL RESOURCES FOR THE PURPOSE OF PROMOTING THE PUBLIC HEALTH, SAFETY, ORDER, CONVENIENCE, PROSPERITY AND GENERAL WELFARE OF CHISAGO COUNTY.

 

THE BOARD OF COMMISSIONERS OF CHISAGO COUNTY ORDAINS:

 

Section 3 - Definitions

ADD:  Interim Use:  A transitory use of land allowed until a particular date, the occurrence of a particular event or until zoning regulations no longer permits it.

 

Section 5.06 (C) – Conditional Uses (Agricultural District)

STRIKE:  #6, 7, 11, 12, 14 and 19.

 

Section 5.06 (D) – Conditional Uses (Agricultural District)

STRIKE:   D. Temporary farm employee housing, #1, 2 and 3.

 

Add Section 5.06 (D) – Interim Uses (Agricultural District)

ADD:  D. Interim Uses, #1, 2 and 3.

 

Section 5.08 (C) – Conditional Uses (Rural Residential I District)

STRIKE:  #9 and 11.

 

Add Section 5.08 (D) – Interim Uses (Rural Residential I District)

ADD:  #1 and 2.

 

Section 5.09 (C) – Conditional Uses (Rural Residential II District)

STRIKE:  #6 and 9.

 

Add Section 5.09 (D) – Interim Uses (Rural Residential II District)

ADD:  #1 and 2.

 

Section 5.12 (C) – Conditional Uses (Commercial/Limited Industrial District)

STRIKE:  #6.

 

Add Section 5.12 (D) – Interim Uses (Commercial/Limited Industrial District)

ADD:  #1.

   

Section 5.14 (C) – Conditional Uses (Protection and Transfer District)

STRIKE:  #2, #5 and 6.

 

Add Section 5.14 (D) – Interim Uses (Protection and Transfer District)

ADD:  #1, 2 and 3.

 

Add Section 8.04-1 – Interim Use Permits (IUP).  An Interim Use Permit is required for all interim uses listed in this Ordinance.

ADD:  A. Procedure, #1-12; B.; C. #1-8; D.; E. #1-15; F.; G.; H.; I.; J.; K.; L. #1-4.

 

L.            Surrender/Revocation of Interim Use Permit.

 

1.            Prior to the date, event or change in Ordinance which triggers its termination, any person, corporation, or other entity may surrender an Interim use Permit and the property rights associated with said IUP on the land they own or to which it was issued at a public hearing before the County Board by request made to the Zoning Administrator, and forwarded to the County Board for action.  

 

2.            An Interim use Permit may be revoked for violation of any provisions of this Ordinance, violations of the conditions of the IUP, or violation of other laws as applicable. An IUP may be revoked if the use has been abandoned, terminated, or otherwise ended.   If the Zoning Administrator finds that probable cause exists to revoke an IUP, a request for such action shall be made to the County Board.   A date shall be set at a regular County Board meeting for a hearing on the matter.   The Zoning Administrator shall notify the Permitee, and other interested parties of the date of the hearing and state the nature of the alleged violations and/or reason(s) for revocation.

 

3.            At the scheduled hearing before the Board, the Zoning Administrator shall show cause why the IUP should be revoked, presenting such evidence and testimony as necessary. The person(s) holding the IUP or their representative(s) may cross examine witness and rebut evidence presented by the Zoning Administrator, and present evidence and or testimony to demonstrate why the IUP should not be revoked. The Zoning Administrator may cross examine witnesses and rebut evidence presented.   By vote of the County Board, the IUP shall be revoked or retained, with the Board stating the findings for its actions.

 

4.            If the Board decides to revoke the permit, the revocation shall be effective upon delivery of written notice to the Interim Use Permit holder, or upon posting the notice at the premises for which the IUP was issued. Said notice shall also be recorded with the County Recorder/Registrar of Title. Decisions of the County Board may be appealed to the Minnesota Court of Appeals.

 

(A full and complete copy of all changes is on file in the Office of County Administration)

 

            Commissioner Montzka seconded the resolution and upon a vote being taken thereon, the following voted:

              IN FAVOR THEREOF:  McMahon, Greene, Montzka

            OPPOSED:  Robinson

            ABSENT:  Walker

Whereupon the resolution was declared duly passed and adopted.

 

            Commissioner Montzka offered a motion to set the fee for an Interim Use Permit Application and a Renewal of an Interim Use Permit at $500.00 per application, effective November 21, 2012.  Motion seconded by Greene and, upon a vote being taken thereon, the motion carried as follows:  IN FAVOR THEREOF:  McMahon, Greene, Montzka   OPPOSED:  Robinson   ABSENT:  Walker.

 

            Commissioner Greene offered a motion to approve the request from Bradley and Janet Johnson to voluntary surrender their CUP, issued on May 2, 2001, to operate a golf course, bar and restaurant at their property in (Shafer Township) at 34491 Redwing Avenue (PID #08.00085.00, #08.00086.00 and #08.00086.10).  Motion seconded by Montzka and, upon a vote being taken thereon, the motion carried as follows:  IN FAVOR THEREOF:  McMahon, Greene, Montzka, Robinson   OPPOSED:  None   ABSENT:  Walker.

 

            Environmental Services Director Mary Darragh Schmitz reviewed the Hay Days 2012 Compliance Report.  No action was taken.

 

            Environmental Services Director Mary Darragh Schmitz reviewed the Park Board meeting from November 8, 2012.  No action was taken.

 

            Environmental Services Director Mary Darragh Schmitz was present to review the minutes of the Chisago Lakes – Lake Improvement District meeting of November 5, 2012.

 

            Commissioner Montzka offered a motion to approve the formation of a North Center/North Lindstrom Channel Restoration Feasibility Task Force, with no payment of per diems or mileage, and members as follows:

 

Suggested Task Force Members

Center Lakes Association

Chisago County Board of Commissioners

Chisago County Highway Department

Chisago County Zoning/Environmental Services

Chisago Lakes Chamber of Commerce

Chisago Lakes Lake Improvement District

Chisago Lakes Township

Chisago Lindstrom Lakes Association

City of Lindstrom

Lindstrom Parks Department

 

Advisory Committee

Chisago County Attorney’s Office

Chisago County Wetlands

Chisago Soil and Water Conservation District

Minnesota Department of Natural Resources

US Army Corps of Engineers

 

Facilitation

Chisago Lakes Lake Improvement District

Emmons & Olivier Resources Inc.

Motion seconded by Greene and, upon a vote being taken thereon, the motion carried as follows:  IN FAVOR THEREOF:  McMahon, Greene, Montzka, Robinson   OPPOSED:  None   ABSENT:  Walker.

 

The Chair opened the Citizen’s Forum at 7:01 p.m.  Offering comment at this time was:  Randy Carlson, Penny Corcoran and Larry Nelson.  The Chair closed the Citizen’s Forum at 7:08 p.m.

 

            Water Resource Manager Jerry Spetzman and Environmental Services Director Mary Darragh Schmitz reviewed the two upcoming opportunities to participate in Pie and Priorities - A Community Conversation on Water Quality in Chisago County.  The first will be held in Northern Chisago County on Tuesday, November 27, 2012 from 6:00 p.m. to 8:30 p.m. at the Nessel Town Hall.  The second will be held in Southern Chisago County on Saturday, December 1, 2012 from 9:00 a.m. to 11:30 a.m. at the Chisago Lakes Area Library in Chisago City.  No action was taken. 

 

            Commissioner Greene offered a motion to approve the Amendment 1 to SWIFT Contract No. 23865 (Formerly CFMS No. B42425) with the State of Minnesota, through its Commissioner of the Minnesota Pollution Control Agency, thru August 29, 2014 and reduced to $130,000.00; and to approve the Termination Agreement with the County of Isanti regarding septic system inspection, outreach and enforcement with the Isanti County portion of the North Branch Sunrise River Watershed; effective 11:59 p.m. on November 30, 2012.  Motion seconded by Montzka and, upon a vote being taken thereon, the motion carried as follows:  IN FAVOR THEREOF:  McMahon, Greene, Montzka, Robinson   OPPOSED:  None   ABSENT:  Walker.

 

            Sue Humble from the Chisago Soil & Water Conservation District gave a PowerPoint presentation highlighting the 10th Annual 2012 Children’s Water Festival, which was held on Friday, September 28, 2012.  No action was taken.

 

            Chisago County Master Gardener Coordinator Sue Humble provided an update on the Master Gardener Program where their mission is to support Extension by providing volunteers trained in horticulture to educate the public with research based information on the best practices in consumer horticulture and environmental stewardship.  She also highlighted the 1,079 hours that have been volunteered to date.  No action was taken.

 

            Commissioner Greene offered a motion to approve the Consent Agenda.  Motion seconded by Montzka and, upon a vote being taken thereon, the motion carried as follows:  IN FAVOR THEREOF:  McMahon, Greene, Montzka, Robinson   OPPOSED:  None   ABSENT:  Walker.

 

a.)   Approve Minutes:  November 7, 2012 Regular Meeting

 

b.)   Resolution:  Recognizing the Outstanding Service of Community Partnership with Youth and Families

 

c.)   Resolution:  Acceptance of Grant to Community Partnership with Youth & Families

 

d.)   Approve Tax Abatement and Development Agreement and Business Subsidy Agreement with WineHaven, Inc.; Regarding PID #13.00070.10 & 13.00069.00 and to commence with taxes payable in 2015 and to be abated for seven years; not to exceed $31,836.00

 

e.)   Approve Budget Adjustment Requests for 2012 as follows:

 

Account Description

Acct #

Revenue

Expenditures

Special Town Bridge

03-325-000-0000-5212

758,640

-

Town Bridge

03-325-000-0000-5212

148,024

-

Construction payments

03-325-000-0000-6605

 

(906,664)

Transfers in

37-832-000-0000-5901

47,622

-

Transfers in

37-838-000-0000-5901

1,000,000

-

Interfund Transfers out

39-249-000-0000-6905

 

(1,047,622)

Furniture and Equipment

15-523-000-0000-6601

 

(18,560)

Miscellaneous Revenue

11-005-000-0000-5561

47,570

-

Miscellaneous Revenue

11-005-000-0000-5561

9,700

-

Furniture and Equipment

11-005-000-0000-6601

 

(62,270)

Miscellaneous Revenue

01-061-000-0000-5561

196,000

-

Machinery and Equipment

01-201-000-0000-6303

 

(42,240)

Misc income

11-005-000-0000-5561

 

(100,000)

Furniture and Equipment

11-005-000-0000-6601

125,721

 

 

 

2,333,277.00

(2,177,356.00)

 

 

RESOLUTION NO. 12/1121-3

RECOGNIZING COMMUNITY PARTNERSHIP WITH

YOUTH AND FAMILIES FOR 30 YEARS OF SERVICE

TO THE CITIZENS OF CHISAGO COUNTY

 

            WHEREAS, Community Partnership with Youth and Families, based in North Branch, Minnesota, has provided the citizens of Chisago County with quality alcohol and drug prevention programs and services since 1982; and

 

            WHEREAS, Community Partnership with Youth and Families and their Partners for a Drug Free Chisago County Coalitions is one of America’s oldest community coalitions; and

 

            WHEREAS, Community Partnership with Youth and Families has provided over
$4.5 million dollars in drug and alcohol prevention programs and services to the citizens of Chisago County during the past 30 years; and

 

            WHEREAS, Community Partnership with Youth and Families has recently been awarded a $2.5 million dollar four and a half year grant from the Alcohol and Drug Abuse Division of  the Minnesota Department of Human Services to serve as the primary alcohol and other drug resource and information center for the citizens of Minnesota;

 

            NOW, THEREFORE, BE IT RESOLVED, that the Chisago County Board of Commissioners hereby formally recognizes Community Partnership with Youth and Families for their outstanding service to the citizens of Chisago County over the past thirty years and congratulates them on their recent award from the Minnesota Department of Human Services.

 

RESOLUTION NO.  12/1121-4

APPROVAL OF THE COMMUNITY PARTNERSHIP WITH YOUTH & FAMILIES RECEIPT OF A GRANT PROJECT ENTITLED:

MINNESOTA PREVENTION RESOURCE CENTER

 

WHEREAS, the Chisago County Board of Commissioners recognizes the outstanding work of the Community Partnership with Youth & Families and the Partners for a Drug Free Chisago County Coalition in reducing and preventing illegal substance use in Chisago County; and

 

WHEREAS, the Chisago County Board of Commissioners recognizes the value of individuals, organizations and communities working together to prevent illegal use of alcohol and other drugs, and appreciates Community Partnership’s leadership in this area; and

 

            NOW, THEREFORE, BE IT RESOLVED, that the Chisago County Board of Commissioners hereby states their approval of the Community Partnership with Youth & Families receipt of a grant project entitled:  Minnesota Prevention Resource Center; for the time period of January 1, 2013 through June 30, 2017.

 

            Commissioner Greene offered a motion to authorize payment of Commissioners Warrants and Misc. Bills as follows:

Bills Paid on 11/26/2012 for $606,203.44

Barton Sand & Gravel Co.; Public Works; Class 5; $2,985.82

and authorized payment of HHS Bills as follows:

Authorize Payment of Commissioners Warrants for HHS:

Prepared Check Date            Amount            Mail Date            Type of Payment

11/09/2012                         $53,161.73                             Commissioners Warrants

11/09/2012                        $32,113.02       10/17/2012       Auditors Warrants

Motion seconded by Montzka and, upon a vote being taken thereon, the motion carried as follows:  IN FAVOR THEREOF:  McMahon, Greene, Montzka, Robinson   OPPOSED:  None   ABSENT:  Walker.

 

            Commissioner Greene offered a motion to approve advertising (with a deadline of December 13, 2012) for vacancies on the following Committees/Boards:

1.)      Board of Adjustment; 3 year term; District #2

2.)      Planning Commission; 3 year term; District #2; Two (2) At Large Positions

Motion seconded by Montzka and, upon a vote being taken thereon, the motion carried as follows:  IN FAVOR THEREOF:  McMahon, Greene, Montzka, Robinson   OPPOSED:  None   ABSENT:  Walker.

 

            Commissioner Montzka offered a motion to approve the following personnel requisition request:  Financial Worker in HHS to replace Tammy Coenen who resigned on 11/02/2012 and waived the three month hiring freeze.  Motion seconded by Greene and, upon a vote being taken thereon, the motion carried as follows:  IN FAVOR THEREOF:  McMahon, Greene, Montzka, Robinson   OPPOSED:  None   ABSENT:  Walker.

 

            Commissioner Greene offered a motion to approve the following personnel requisition requests:  Two (2) Assistant County Attorneys in the Attorney’s Office; One (1) to replace Jessica Stott who resigned on 11/21/2012 and waived the three month hiring freeze; and One (1) New Hire for 2013 utilizing remaining 2012 General Fund Revenues or 2013 Contingency Funds as necessary.  Motion seconded by Montzka and, upon a vote being taken thereon, the motion carried as follows:  IN FAVOR THEREOF:  McMahon, Greene, Montzka, Robinson   OPPOSED:  None   ABSENT:  Walker.

 

            Commissioner Greene offered the following resolution and moved its adoption:

 

RESOLUTION  NO. 12/1121-5

APPROVING FINAL CONTRACT VOUCHER

TO LANDWEHR CONSTRUCTION INC.

FOR SAP 13-598-007

 

            WHEREAS, Contract No. 1205 for SAP 13-598-007 has in all things been completed; and

 

            WHEREAS, the Chisago County Board of Commissioners has been fully advised in the premises.

 

            NOW, THEREFORE, BE IT RESOLVED, that the Chisago County Board of Commissioners does hereby accept said completed project with Landwehr Construction Inc. and authorizes final payment in the amount of $11,251.02.

 

            Commissioner Montzka seconded the resolution and upon a vote being taken thereon, the following voted:

              IN FAVOR THEREOF:  McMahon, Greene, Montzka, Robinson

            OPPOSED:  None

            ABSENT:  Walker

Whereupon the resolution was declared duly passed and adopted.

 

            Commissioner Greene offered the following resolution and moved its adoption:

 

RESOLUTION  NO. 12/1121-6

APPROVING FINAL CONTRACT VOUCHER

TO KNIFE RIVER CORP.

FOR SAP 13-620-27

 

            WHEREAS, Contract No. 1202 for SAP 13-620-27 has in all things been completed; and

 

            WHEREAS, the Chisago County Board of Commissioners has been fully advised in the premises.

 

            NOW, THEREFORE, BE IT RESOLVED, that the Chisago County Board of Commissioners does hereby accept said completed project with Knife River Corp. and authorizes final payment in the amount of $81,781.71.

 

            Commissioner Montzka seconded the resolution and upon a vote being taken thereon, the following voted:

              IN FAVOR THEREOF:  McMahon, Greene, Montzka, Robinson

            OPPOSED:  None

            ABSENT:  Walker

Whereupon the resolution was declared duly passed and adopted.

 

            Commissioner Greene offered a motion to approve the 2013-2014 Fuel Bids as follows:

NOTE:  Bid amount is added to wholesale price

Bid Item #1:            Service Station Unleaded Gasoline

Wally Carlson @ Sons @ $.098 per gallon

Bid Item #2:            Service Station Diesel Fuel

Wally Carlson & Sons @ $.098 per gallon #1 Diesel winter blend premium grade

Wally Carlson & Sons @ $.098 per gallon #2 Diesel premium grade

Bid Item #3:            Center City Fuel

Wally Carlson & Sons @ $.041 per gallon #1 Diesel winter blend premium grade

Wally Carlson & Sons @ $.041 per gallon #2 Diesel premium grade

Wally Carlson & Sons @ $.041 per gallon 10% ethanol enriched and 89% (midrange) octane unleaded gasoline

Bid Item #4:            Harris Garage Fuel

Wally Carlson & Sons @ $.041 per gallon #1 Diesel winter blend premium grade

Wally Carlson & Sons @ $.041 per gallon #2 Diesel premium grade

Wally Carlson & Sons @ $.041 per gallon            10% ethanol enriched and 89% (midrange) octane unleaded gasoline

Motion seconded by Montzka and, upon a vote being taken thereon, the motion carried as follows:  IN FAVOR THEREOF:  McMahon, Greene, Montzka, Robinson   OPPOSED:  None   ABSENT:  Walker.

 

            Commissioner Montzka offered the following resolution and moved its adoption:

 

RESOLUTION  NO. 12/1121-7

REQUESTING A TEMPORARY CONSTRUCTION EASEMENT

FROM THE STATE OF MINNESOTA,

DEPARTMENT OF NATURAL RESOURCES

REGARDING REPLACEMENT OF CSAH 19 BRIDGE NO. 13505

 

            WHEREAS, part of Chisago County State Aid Highway 19 Bridge No. 13505 is located within the Carlos Avery Wildlife Management Area land owned by the Minnesota Department of Natural Resources; and

 

            WHEREAS, The Chisago County Highway Department requests a temporary construction easement to replace Bridge No. 13505 with a new bridge, Bridge No. 13524, that lies within the Carlos Avery Wildlife Management Area; and

 

            WHEREAS, The Minnesota Department of Natural Resources will only grant a temporary construction easement to a governmental unit; and

 

            NOW, THEREFORE, BE IT RESOLVED, that Chisago County Board of Commissioners hereby supports the project and requests that the State of Minnesota, Department of Natural Resources grant to Chisago County a temporary construction easement for the project as described and shown in Attachment A:

 

(A full and complete copy of Exhibit A is on file in the Office of County Administration)

 

            Commissioner McMahon seconded the resolution and upon a vote being taken thereon, the following voted:

              IN FAVOR THEREOF:  McMahon, Greene, Montzka, Robinson

            OPPOSED:  None

            ABSENT:  Walker

Whereupon the resolution was declared duly passed and adopted.

 

            Commissioner Greene offered a motion to approve the Professional/Technical Services Contract with Financial Concepts, Inc. (FCI) for financial consulting and support to assist with development of a strategic employee benefits plan and appointment of FCI as Broker of Record; effective upon final required signature thru December 31, 2013.  Motion seconded by Montzka and, upon a vote being taken thereon, the motion carried as follows:  IN FAVOR THEREOF:  McMahon, Greene, Montzka, Robinson   OPPOSED:  None   ABSENT:  Walker.

 

            The Board was reminded that the Truth in Taxation Public Hearing will be held on December 5, 2012 starting at 6:00 p.m.

 

            County Administrator Messelt reviewed the November 21, 2012 Issue of Executive Insights from Greater MSP.  No action was taken.

 

            Commissioner Montzka offered a motion to forward “the bullet” staff changes, submitted by Environmental Services Director Mary Darragh Schmitz, regarding the AMC 2013 Environment & Natural Resources Policy Positions to the Association of Minnesota Counties.  Motion seconded by McMahon.  After much discussion, the second and motion maker withdrew the motion.

 

            Commissioner Montzka offered a motion to approve the AMC 2013 Legislative Session – Potential Priority Action Items and to forward “the bullet” staff changes, submitted by Environmental Services Director Mary Darragh Schmitz, regarding the AMC 2013 Environment & Natural Resources Policy Positions to the Association of Minnesota Counties.  Motion seconded by Greene and, upon a vote being taken thereon, the motion carried as follows:  IN FAVOR THEREOF:  McMahon, Greene, Montzka, Robinson   OPPOSED:  None   ABSENT:  Walker.

 

            The Board by consensus directed the County Administrator to proceed with preparation for the Truth in Taxation meeting similar to 2012 with any updates; and suggested no changes to the 2013 Proposed Levy and Operating Budget.

 

            Several Commissioners offered reports of their respective committee assignments.

           

            Commissioner Greene offered a motion to close the meeting at 8:08 p.m. in accordance with M.S. 13D.03 for purposes of discussing labor negotiations strategies for discussions with the county’s bargaining units.  Motion seconded by Montzka and, upon a vote being taken thereon, the motion carried as follows:  IN FAVOR THEREOF:  McMahon, Greene, Montzka, Robinson   OPPOSED:  None   ABSENT:  Walker.

 

            The following Commissioners were present:  McMahon, Greene, Montzka and Robinson.  Absent:  Walker.  Also present:  Assistant County Attorney Kristine Nelson Fuge, County Administrator Bruce Messelt and Clerk of the Board DeAnna Lilienthal.

 

            Commissioner Montzka offered a motion to re-open the meeting to the public at 8:42 p.m. Motion seconded by Greene and, upon a vote being taken thereon, the motion carried as follows:  IN FAVOR THEREOF:  McMahon, Greene, Montzka, Robinson   OPPOSED:  None   ABSENT:  Walker.

 

            Commissioner Greene offered a motion to direct Staff and the Labor Negotiations Committee to proceed as directed in closed session.  Motion seconded by Montzka and, upon a vote being taken thereon, the motion carried as follows:  IN FAVOR THEREOF:  McMahon, Greene, Montzka, Robinson   OPPOSED:  None   ABSENT:  Walker.


            Commissioner Greene offered a motion to adjourn the meeting at 8:44 p.m.  Motion seconded by Montzka and, upon a vote being taken thereon, the motion carried as follows:  IN FAVOR THEREOF:  McMahon, Greene, Montzka, Robinson   OPPOSED:  None   ABSENT:  Walker.


______________________________

George McMahon, Chair

 

 

Attest:___________________________

DeAnna M. Lilienthal

Clerk, County Board



Related Links:
• Chisago County, MN





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