CHISAGO COUNTY BOARD OF COMMISSIONERS OFFICIAL PROCEEDINGS Wednesday, September 21, 2011

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1 CHISAGO COUNTY BOARD OF COMMISSIONERS OFFICIAL PROCEEDINGS Wednesday, September 21, 2011 The Chisago County Board of Commissioners met in regular session at 6:30 p.m. Wednesday, September 21, 2011 in the Board Room of the Government Center with the following Commissioners present: Robinson, Greene, Montzka, McMahon. Absent: Walker. Also present: County Attorney Janet Reiter, Interim County Administrator Kristine Nelson Fuge and Clerk of the Board DeAnna Lilienthal. In the absence of the Chair, the Vice Chair called the meeting to order and led the assembly in the Pledge of Allegiance. Commissioner Montzka offered a motion to approve the Agenda for the Board of Commissioners meeting as presented. Motion seconded by Greene. Commissioner Robinson offered a friendly amendment to amend the agenda to allow the citizens present that wanted to speak regarding the proposed dog kennel to do so prior to the Zoning items. The friendly amendment was rejected by the motion maker. Commissioner Robinson offered a friendly amendment to amend the agenda and place the proposed dog kennel item (Marilyn Polsfuss CUP Request) on the agenda after the Citizen s Forum. The friendly amendment was accepted by the motion maker and second 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 report and recommendations of the Planning Commission meeting of September 8, Commissioner Walker arrived at 6:37 p.m. Commissioner Robinson offered a motion to receive the report of the Planning Commission meeting of September 8, 2011 and approve the request for a one year extension to August 18, 2012 on the preliminary plat (Bartel Addition) for one five acre tract as proposed by Darwin Thompson in (Fish Lake Township) Sec. 18, T.36, R.22 at Acacia Trail (PID # ). 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 ABSTAIN: Walker. The Vice Chair relinquished the gavel to the Chair who presided over the remainder of the meeting. On motion by Robinson, seconded by Greene and carried unanimously the Board received the report of the Planning Commission meeting of September 8, 2011 and approved the request for a preliminary plat of two lots to be known as Mattson Homestead in (Nessel Township) Sec. 22, T.37, R.22 at th Street (PID # ) as proposed by Jerry Peterson. 1

2 On motion by Robinson, seconded by McMahon and carried unanimously the Board received the report of the Planning Commission meeting of September 8, 2011 and approved the request for an Amendment to the CUP for their campground to allow an expansion consisting of an additional 15 campsites as proposed by Scott and Deb Mell in (Nessel Township) Flickabirds, Lot 2, Block 1, at Clover Trail (PID # ) based on the following FINDINGS OF FACT: 1. The use is consistent with the Comprehensive Plan and development policies of the County. Yes, rural tourism businesses which attract visitors to Chisago County are specifically provided for in the Comprehensive Plan. 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. No. This campground is a recreational destination itself, specifically providing recreational activities and possibilities on-site as part of the amenities and attractions offered on the premises. 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. As stated, the property is self-contained, and heavily forested on the perimeter on the landward side. From the lake, the bar and restaurant, beach and docks are the most visible aspects of the campground, with the campsites separated from the lake by a large wetland area, approximately 500 feet west of the shoreline. The addition of fifteen new campsites which will be invisible from the lake and the public road will cause no undue negative impact, nor should it limit future development opportunities. 4. The structure and site do not have an appearance that will have an adverse effect upon adjacent properties. As stated above in #3, no. 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. Recreational camping areas are specifically provided for in the Zoning Ordinance, and in light of the County s recent shift toward emphasizing rural tourism opportunities which attract visitors to the County, Zoning staff find the proposal to be consistent with the purpose of the Ordinance and District. 6. The use will not cause traffic hazard or congestion. No. An additional 15 camping sites would be expected to generate little additional impact to neighboring properties. This is a seasonal campground, with campers and trailer located there for the entire season, and residents recreating primarily on-site so additional traffic from the new sites would be expected to be minimal, once the new trailers are in place. The additional 15 sites will not be visually conspicuous to the neighborhood due to 2

3 the heavily wooded perimeter. Zoning staff did not identify any additional potential impact from the proposed additional campsites. 7. Existing nearby properties will not be adversely affected by intrusion of noise, glare or general unsightliness. No. Please refer to #6 above for this discussion. Also, there will be no additional impervious surface generated by the additional sites the campground is served by a recently installed and regularly monitored septic system, and an effective stormwater retention pond. No potential for significant impacts to public health, safety or welfare were identified by Staff during the CUP review and the site visit. and with the following condition: 1.) The septic system must be evaluated for capacity and performance, and found to be in compliance. **It is suggested, but not required that the Mells offer a goodwill gesture on the matter of dust control. Commissioner Montzka offered the following resolution and moved its adoption: RESOLUTION NO. APPROVING AN AMENDMENT TO SECTION 5.06 (C) AND SECTION 4.15 OF THE CHISAGO COUNTY ZONING ORDINANCE REGARDING NEW USE (RURAL TOURISM BUSINESSES ORDINANCE NO 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 5.06 (C) 25. Rural tourism businesses which attract travelers or visitors to areas historically or traditionally used for agricultural purposes, which are generally small-scale, low-impact, and entertainment, recreation, and/ or education-focused. Section 4.15 Rural Tourism Businesses 3

4 A. Purpose. In accordance with the stated goals of the Chisago County Comprehensive Development Plan, it is the purpose of this subdivision to: Preserve and celebrate Chisago County s archaeological properties, rural and agricultural heritage, and historical landscapes; To 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 tourism businesses; Assist the County s citizens in the transition from primarily agricultural land uses, to an expanded variety of rural business opportunities as active family farming continues to diminish in Chisago County. B. Standards. Rural Tourism Businesses shall meet the following standards: 1. Rural tourism businesses shall be located within the A or RVC Zoning Districts; 2. Rural tourism businesses shall require a Conditional Use Permit in accordance with Section 8.04 of this Ordinance; 3. Rural tourism businesses shall be shown to have a unique and demonstrable relationship with Chisago County or its region, and its history, culture, traditions, arts, crafts, lore, natural resources, or other features and amenities, in accordance with the above stated purposes. C. Allowed Uses. Allowed rural tourism businesses shall include things as farm or other historical heritage attractions, single family residential rental properties for retreats, crafting, day visits, picnics, weddings, receptions, honeymoons, bed & breakfasts; small-scale, low impact special events or music festivals, hay rides, corn mazes, holiday celebrations and harvest festivals, country-craft/antique shops, unique local venues providing for the sale and serving of locally produced raw and/or value-added agricultural products, goods and services, and other reasonably related merchandise, leased multi-user individual garden plots, and other uses determined by the Department to be similar in nature and scope. D. The terms small-scale and low-impact shall be construed to refer to land uses which: 1. Do not create an excessive demand upon existing services or amenities; 2. Are screened or able to be screened adequately, or are sufficiently separated from adjacent development or land, to prevent undue negative impact to nearby properties; 3. Will not have an appearance that is inconsistent or incompatible with the surrounding area; 4

5 4. Will not cause traffic hazard or undue congestion; 5. Will not negatively impact the neighborhood by intrusion of noise, glare, odor, or other adverse effects. Applications which are determined to be unable to meet the above criteria may be processed as a major commercial conditional use, provided the use is allowed in the relevant Zoning District. E. All conditional uses for Rural Tourism shall meet the applicable requirements of Section 8. F. Code Compliance. An existing structure or SSTS which is subjected to a change in occupancy or GPD loading as a result of an approved CUP for a rural tourism business shall be retrofitted and/or upgraded to conform to current code requirements. All existing buildings proposed for use in association with the business shall be certified by an architect or engineer to be in compliance with current structural standards for the new occupancy prior to any use of the structure. Commissioner McMahon seconded the resolution. During discussion, Commissioner McMahon withdrew his second. The motion DIED for lack of a second. Commissioner McMahon offered a motion to refer amendments to Section 5.06 (C) and Section 4.15 of the Chisago County Zoning Ordinance regarding New Use (Rural Tourism Businesses) back to the Planning Commission and to come back to the County Board as part of the discussion/recommendations on Interim Use Permits. Motion seconded by Montzka and, upon a vote being taken thereon, the motion carried as follows: IN FAVOR THEREOF: McMahon, Greene, Montzka, Robinson OPPOSED: Walker. The Chair opened the Citizen s Forum at 7:03 p.m. Offering comment at this time was: Christine Fahlstrom, Kurt Fahlstrom, Blaine Cooper, Mike Ruyman, Troy Heuring Marilyn Polsfuss, Jacqueline Forner and Bill Houston. The Chair closed the Citizen s Forum at 7:24 p.m. Commissioner Robinson offered a motion to receive the report of the Planning Commission meeting of August 4, 2011 and September 8, 2011 and to deny the request for a CUP to operate a residential kennel on her property as proposed by Marilyn Polsfuss in (Fish Lake Township) Sec. 20, T.36, R.22 at Alpine Avenue (PID # ) and based on the following FINDINGS OF FACT: 1. The use is not sufficiently compatible or separated by sufficient distance or screening from adjacent development or land so that existing development does not suffer undue negative impact. 5

6 2. The kennel will have adverse effects by intrusion of noise, glare or general unsightliness on existing nearby properties. Motion seconded by McMahon and, upon a vote being taken thereon, the motion carried as follows: IN FAVOR THEREOF: Walker, Montzka, Robinson OPPOSED: McMahon, Greene. Environmental Services Director Mary Darragh Schmitz reviewed the memo detailing with traffic counts near Flickabirds Resort in Nessel Township. No action was taken. Environmental Services Director Mary Darragh Schmitz reviewed the report and recommendations of the Chisago Lakes Lake Improvement District meeting of September 12, No action was taken. Environmental Services Director Mary Darragh Schmitz reviewed the report and recommendations of the Park Board meeting of August 11, No action was taken. Environmental Services Director Mary Darragh Schmitz updated the Board on the Hay Days Event that was held in Chisago County. No action was taken. On motion by Montzka, seconded by Greene and carried unanimously the Board approved an Agreement with the City of Wyoming regarding Building Code & Septic Inspection Services; effective September 21, Solid Waste Administrator Lisa Thibodeau reviewed with Board the bids received for production of the Environmental Connections Newsletter. On motion by Greene, seconded by Robinson and carried unanimously the Board awarded the bid for production of the Environmental Connections Newsletter to the low bid from Erin Communications th Street North Forest Lake MN for $5, per issue (two issues per year) for a two year contract ending December 31, 2013; payable from the Waste Management Fund. Note: Two bids were received. On motion by Greene, seconded by McMahon and carried unanimously the Board approved the Administrator s Consent Agenda as follows: A. Approve Minutes of: September 7, 2011 Regular September 12, 2011 Special B. Personnel Actions: Approve reallocation of position and increase of hours for: Monica Kinny, Environmental Technician (20 hours/week at Household Hazardous Waste Facility and 14 hours/week for Lake Improvement District), Environmental Services/Zoning, Gr to Gr. 18-6, effective 09/07/2011. Approve voluntary resignation for: Amy Olson, Probation Officer, Court Services effective 09/16/2011; Karol Jensen Schneider, Social Worker MSW, 6

7 HHS, effective 09/29/2011. Approve retirement for: Craig Gervais, Equipment Operator, Public Works, effective 09/30/2011. C. Resolution: Approving Submission of an Exempt Permit (Bingo) for Immanuel Lutheran Church D. Approve Master Application for Long Term Care Insurance with Continental Casualty Company; Policy Number: TQ; effective July 1, 2011 E. Approve SelectAccount Flexible Benefit Plan Document; effective January 1, 2011 F. Approve Adoption Agreement for the Section 125 Cafeteria-Flexible Benefits Plan and the Section 125 Cafeteria-Flexible Benefits Plan Master Services Agreement with SelectAccount; effective January 1, 2011 thru December 31, 2011 RESOLUTION NO. 11/ APPROVING SUBMISSION OF AN EXEMPT PERMIT (BINGO) FOR IMMANUEL LUTHERAN CHURCH WHEREAS, the Chisago County Board of Commissioners has been presented with a request for lawful gambling within Chisago County; and WHEREAS, the application was complete, included all necessary documentation, appears in accordance with County Policies and the facility owners are in good standing with the County; BE IT RESOLVED that the Chisago County Board of Commissioners hereby approves and authorizes submission to the Minnesota Gambling Control Board application for an Exempt Permit (bingo) for Immanuel Lutheran Church at the Shafer Town Hall in Shafer Township on November 19, Several items of correspondence were reviewed with Board including: MN Department of Administration: Open Meeting Law Workshop; Board of Adjustment Agenda: September ; Planning Commission Agenda: October ; Heartland Express: Complaint Letter and MN Department of Human Services: CY 2012 Grant Awards. By Board consensus the Heartland Express complaint letter will be discussed at the next meeting of the Joint Transit Board. On motion by McMahon, seconded by Montzka and carried unanimously the Board authorized payment of Commissioners Warrants and Misc. Bills: Bills Paid 09/12/2011 $1,107, Lake Area Bank; Elizabeth Dodge; HHS; conference registration; $ Lake Area Bank; Jill Briggs; HHS; conference registration; $ Lake Area Bank; Robert Shoemaker; Sheriff; supplies; $

8 Lake Area Bank; DeAnna Lilienthal; Administration; ergo supplies; $ Lake Area Bank; Jon Eckel; MICS; equipment & supplies; $1, Lake Area Bank; Jon Thompson; Bldg Maintenance; supplies; $ Lake Area Bank; Brandon Thyen; Sheriff; jail supplies; $ Abra Auto Bode & Glass; Sheriff; repairs; $1, and authorized payment of Commissioners Warrants for HHS: Prepared Check Date Amount Mail Date Type of Payment 09/16/2011 $5, Commissioners Warrants 09/16/2011 $54, /21/2011 Auditors Warrants On motion by Greene, seconded by McMahon and carried unanimously the Board approved the following personnel requisition request: Office Support Specialist in HHS (Public Health) to replace Nancy Julik who will retire on 10/06/2011; with no three month waiting period. Commissioner McMahon offered a motion to approve the following personnel requisition request: Probation Officer in Court Services to replace Amy Olson who resigned on 09/16/2011; with no three month waiting period. Motion seconded by Montzka and, upon a vote being taken thereon, the motion carried as follows: IN FAVOR THEREOF: McMahon, Greene, Montzka, Robinson OPPOSED: Walker. On motion by Greene, seconded by McMahon and carried unanimously the Board approved the following personnel requisition request: Equipment Operator in Public Works to replace Craig Gervais who will retire on 09/30/2011; with no three month waiting period. On motion by McMahon, seconded by Greene and carried unanimously the Board approved the following personnel requisition request: Part-Time Custodian (temporary, up to 67 days) in Building Maintenance to replace Richard Weise who was promoted on 02/23/2011 and subsequently filled on a temporary basis by Morgan Frank who will be leaving. On motion by Greene, seconded by McMahon and carried unanimously the Board authorized the Chair to sign the certificate of appreciation to North Branch Sno -Drifters for participating in the Adopt a Highway Program. Commissioner Greene offered the following resolution and moved its adoption: RESOLUTION NO. 11/ APPROVING FINAL CONTRACT VOUCHER TO KNIFE RIVER CORP. FOR SAP & SAP WHEREAS, Contract No for SAP and SAP have in all things been completed; and 8

9 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 $58, Commissioner Montzka seconded the resolution and upon a vote being taken thereon, the following voted: IN FAVOR THEREOF: McMahon, Walker, Greene, Montzka, Robinson OPPOSED: None Whereupon the resolution was declared duly passed and adopted. On motion by McMahon, seconded by Greene and carried unanimously the Board closed the meeting at 8:29 p.m. in accordance with M.S. 13D.05, Subd. 3(a) (3) to discuss medical information. Also present for the discussion was Human Resources Director Renee Kirchner, County Attorney Janet Reiter, Interim County Administrator Kristine Nelson Fuge and Clerk of the Board DeAnna Lilienthal. Bruce Messelt joined by meeting at 8:49 p.m. On motion by McMahon, seconded by Greene and carried unanimously the Board re-opened the meeting to the public at 9:26 p.m. On motion by Montzka, seconded by Greene and carried unanimously the Board approved the Employment Agreement with Bruce Messelt with an effective start date of November 1, Several Commissioners offered reports of their respective committee assignments, along with information on community activities or events in their district. On motion by Greene, seconded by McMahon and carried unanimously the Board adjourned the meeting at 9:46 p.m. Lora Walker, Chair Attest: DeAnna M. Lilienthal Clerk, County Board 9