While many will criticize the Snobarrons for what happened last weekend and the traffic mess that occurred. I thought this was still an interesting read about the event. Notice they talk about a ton of impact studies that had been submitted prior to the meeting. I got this in an e-mail from a friend of mine this morning. This is the meeting minutes from the February 18th, 2009 Chisago County Board of Commissioners meetings (warning it's a long read);
SNO-BARON’S
Commissioner McMahon offered a motion to receive the report of the Planning Commission meetings of September 2, 2008; September 18, 2008; October 21, 2008; December 4, 2008 and February 5, 2009 and approve the request for a CUP to hold grass drag strip snowmobile races as an annual event as proposed by Tara Nienaber and Meshell Gorsegner on behalf of Sno-Baron’s at Sec. 22, T.35, R.20 (Sunrise Township) at the intersection of State Hwy. 95 and County Road 70 (PID #09.00269.00 and 09.00271.00; and John Peterson’s parking parcel PID #09.00278.10) based on the following FINDINGS OF FACT:
1. The use is consistent with the Comprehensive Plan and development policies of the County. The Chisago County Comprehensive Plan states in pertinent part, “The purpose of the agricultural [zone] is to encourage long term commercial agriculture and prevent the premature conversion of agricultural land to non-farm uses.”1 The proposed use consists of a two day outdoor commercial recreation event, held once annually. Except for the event, and the event-preparation days, the future land use carried out on this property will remain farming and agriculture.2 Given the historical and traditional pattern of development in Chisago County, it is highly likely that the other probable land uses that would result from the sale of this large tract of farmland would be conversion of the farmland into permanent residential development. The County finds that the proposed use is consistent with the County’s stated goal of preserving agricultural land.
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. There are no parks, schools, or other public facilities or utilities which serve the area of the proposed use, so there will be virtually no demand on such public amenities. There is some potential for impact to County Road 70, but the Chisago County Engineer has reviewed the proposal and is requiring mitigatory measures to be employed at the expense of the applicant, and to which the applicant has agreed.3 Any potential negative effects can be mitigated through the ongoing financial surety that the County will require, at an amount to be determined by the County, to mitigate any impacts to County infrastructure caused by the event.4
3. The use will be sufficiently compatible or separated by distance or screening from adjacent development or land so that existing development will not be depreciated in value and there will be no deterrence to development of vacant land. The proposed use will be located primarily on a 140 acre tract of land, providing significant buffer between the use and surrounding properties, which are also large tracts of ag land.5 The proposed event is of a temporary duration (two days annually plus event-preparation) and the affected property will be returned to agricultural use the remainder of the year, or more than 99% of the time.6 Since virtually all of the nearby properties are similar large tracts currently used for agricultural purposes, and the affected property will be used for agricultural purposes nearly all of the time, the County finds that there will be no depreciation in value or deterrence to development of nearby properties. With regard to potential negative impact to adjacent properties, such impacts will be self-limiting by virtue of the brevity of the annual event.7 In addition, the applicant will be required to provide additional landscaping and tree plantings to further screen the affected property from view.8
4. The structures and site will have an appearance that will not have an adverse effect upon adjacent properties. The appearance of the site will remain essentially the same as it is at present, with the exception of the duration of the event and event-preparation days. The structures associated with the event to remain year-round on the property will be the entry and exit gates, the drag strip with fencing, gates around the motorized expo site, a code compliant sign, the announcer’s booth next to the track, five trailers, seven ticket booths, storage pods and trailer-signs.9 Everything else, including the bleachers will be removed after the event.10 The ticket booths and trailers will be screened from view year-round except for during the event.11 Any permanent structures to be placed on site will have the appropriate building permit, if necessary.12 The earthen berms and other constructed features will be returned to the pre-existing topography and seeded down. The applicant will provide landscaping and screening of the property in accordance with an approved plan to be submitted, which will include the addition of extra perimeter berming and tree-landscaping along Highway 95 for screening purposes.13 The applicant will also adhere to an approved lighting plan to be submitted, which will include a photometric plan which stipulates the limited duration of on-site lighting, and will demonstrate that light will not be spilling onto neighboring properties.
5. The use in the opinion of the County is reasonably related to the overall needs of the County and to the existing land use. Letters of support for the proposed event have been received from local Chambers of Commerce who have stated that the event will benefit local businesses and merchants, will feature Chisago County and its resources and amenities, and will encourage tourism and related economic development in the County. The City of Lindstrom and the four townships in closest proximity to the event, including Sunrise, the township in which the use is proposed to be situated have passed resolutions of support for the event.14 The County finds that the proposed use is consistent with the goals of the County’s Comprehensive Plan, which include assisting in the start-up and expansion of businesses, promoting tourism as an expanding opportunity for economic development, encouraging new business development opportunities, and working with cities and townships to identify areas suitable for commercial development and activities.15
6. The 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. The purpose of the Agricultural Zone provides for agricultural and other uses, specifically including commercial outdoor recreation.16 The proposal, as configured will allow a single two day commercial outdoor recreation event annually, with continued farming the remainder of the year, and as such, is consistent with the intent of the Zoning Ordinance, and the stated purpose of the Agricultural Zone, which includes preservation of agricultural lands.17
7. The use will not cause traffic hazard or undue congestion. The event will likely cause traffic congestion, as indicated by the Sno-Baron’s Traffic Study.18 The proposal provides that traffic congestion will be supervised on site by Sno-Baron’s personnel.19 The proposal has been reviewed by the Chisago County Engineer, the County Sheriff and Mn/DOT, and the County finds that while traffic congestion will result from the event, it will not be undue, and it will be able to be mitigated. The Chisago County Sheriff has submitted a letter stating that he has been planning for the event for two years, has trained additional reserve staff, has planned staff vacations around the event, and will be at full strength manpower, both on the site, and away from the site elsewhere in the County.20 With regard to potential hazards, the Chisago County Sheriff, and Aarron Reinert, the Executive Director of Regional Emergency Medical Services have submitted letters indicating that their departments will be able to ensure public safety during the event, as well as provide for ongoing delivery of services to the remainder of their geographical service area.21 Almelund Fire Chief John Lichtscheidl has stated for the record that his department will also be able to provide service as needed, without jeopardizing public safety in the remainder of their service district, through the use of reciprocal agreements with other departments, and similar cooperative efforts.22 Therefore, based upon the opinion of the County’s public safety experts, the County finds that the traffic congestion caused by this event will not unduly endanger public safety by obstructing emergency vehicle access, and the likelihood of actual traffic or other hazards occurring is minimal and can be handled efficiently should it occur.
8. Existing nearby businesses will not be adversely affected because of curtailment of customer trade brought about by intrusion of noise, glare or general unsightliness. Essentially the only existing nearby businesses are farms and related agricultural activities.23 Given the nature of farming and agriculture, there is little in the way of “customer trade” which may be curtailed by any of the temporary noise, glare or unsightliness which may result from the proposed event. In the event that there is customer trade that occurs at neighboring agricultural business locations, the County is in receipt of data regarding noise impact, including the decibel readings provided by Pinnacle Engineering, the consultant to Sno-Baron’s. Pinnacle Engineering noise data from the 2008 event shows that the decibel readings are well within Minnesota Pollution Control Agency rules. The County finds that noise levels will be within State agency rules.24 In addition, any air emissions caused by the Hay Days event are subject to mitigation through State Agency regulations.25 Therefore, the County finds that air emissions will be regulated by the Minnesota Pollution Control Agency. The applicant will provide the following, which will be approved by the County Environmental Services Department prior to the event taking place: a Dust Mitigation Plan, a Fuel Exhaust Mitigation Plan, and a Noise Mitigation Plan, and a Spill Prevention Plan.26
9. The County finds that the event has been conducted for approximately 40 years in its present location, a far more densely populated area than the proposed location, and that any problems that were encountered as the event grew and developed were promptly corrected by the Sno-Baron’s, causing the City of Columbus to support and continue to allow the event in its jurisdiction.
and with the following conditions:
1. Wetland Delineation Evaluation: The applicant must have the event site delineated for wetlands and shall apply for and receive any necessary wetland permits at least one month prior to the event.
2. Duration of Event. The event is limited to two days during the weekend after Labor Day weekend. Set-up and take-down must be completed within three weeks before the event and three weeks after the event, respectively.
3. Hours of Operation: The event can occur from 6:00 a.m. to 6:00 p.m. and the racing shall begin no earlier than 9:00 a.m. Races and demonstration events (ATV/motocross show) can only occur between 9:00 a.m. and 6:00 p.m. Snowmobiles of engine size greater than 800 cc can only run from 12:00 (noon) to 2:00 p.m.
4. Noise: Sno-Baron’s must follow MPCA rules regarding noise levels. For the first year of operation, a noise monitoring consultant chosen by Chisago County and paid for by the applicant must attend the event to ensure compliance with MPCA noise rules. Any event that exceeds MPCA noise rules will be shut down immediately. A report on noise levels during the first year’s event must be submitted by the applicant to Chisago County Environmental Services.
5. Attendance: A procedure must be adopted by Sno-Baron’s and approved by the County to verify that the number of persons attending the event at a given point in time (peak attendance) remains below the state threshold for an Environmental Impact Statement (20,000 persons at any one time). If attendance does exceed that threshold, the Sno-Baron’s must comply with any and all applicable State laws or rules.
6. Traffic: Each year the applicant must submit a detailed plan for traffic, parking, and vehicle and pedestrian access to the Chisago County Environmental Services and Public Works Departments, Sheriff’s Office, and Mn/DOT at least 30 days prior to the event. The applicant must receive prior approval of the traffic plan from the Chisago County Environmental Services and Public Works Departments, and the Chisago County Sheriff’s Office annually in order to hold the event.
7. Access Approval: The Hay Days event must require approval from Chisago County Public Works Department for the accesses on to County Road 70.
8. Financial Surety: The County will require an ongoing financial surety from the applicant at an amount to be determined by the County for any impacts to County infrastructure caused by the event or for site restoration if necessary, as determined to be necessary by the Director of Environmental Services, Public Works Director and Treasurer Lee Olson.
9. Tracking onto County Road 70: The applicant must use appropriate methods to ensure that access to the site will not track dirt onto County Road 70.
10. Grading and Drainage: The applicant must comply with the submitted Construction, Grading and Drainage Plan. Any construction activity disturbing more than one acre of soil must require an MPCA National Pollutant Discharge Elimination System (NPDES) permit.
11. Parking: On-Street parking is prohibited. Off-street parking areas are only allowed on the west side of County Road 70. At least 30 days prior to the event, the applicant must provide in writing to Chisago County Environmental Services a detailed parking plan showing the provision for 4,600 to 7,000 public parking spaces on the 140-acre site of the Hay Days Event and privately owned properties. Efficient parking must be enforced by Sno-Baron’s own parking lot attendants for the event. The applicant must provide to the Chisago County Environmental Services Department a signed and notarized copy of an executed contract or lease between the applicant and the property owner(s) allowing the use of those parcels for the duration of the event and set-up and take-down of the event, or proof of ownership by Sno-Baron’s of said parcels to be used for public parking. The applicant must also provide to the Chisago County Environmental Services a notarized copy of a written commitment from the landowner of said parcels to donate the necessary right-of-way for shoulders and to pay for the installation of said shoulders as deemed necessary by Public Works. The applicant must use variable message signs for traffic control on both County Road 70 and T.H. 95 in a manner acceptable to and in cooperation with Mn/DOT and Public Works and paid for at the applicant’s own expense. Off-street parking must be open to the public at least three hours prior to the start of the event and at least two hours after the end of the event.
12. Access to the site: The field entrance to the property on State Highway 95 must be open for public safety and emergency vehicles only. The four entrances on County Road 70 shall be used by the general public. Only volunteers, workers, vendors, racers, Chisago County Environmental Services enforcement staff, and law enforcement personnel must be allowed to stay on-site overnight.
13. Law Enforcement/Security: The applicant must submit a security plan approved by Chisago County Environmental Services and the Sheriff’s Office. Parking must be handled by Sno-Baron’s own volunteers. The applicant must also employ private security personnel on site at a level adequate to handle security and safety as needed including overnight security. The applicant must also notify and involve the State Patrol in security, safety and traffic control for the event. The applicant must set up a command post for law enforcement near the entrance as directed by the County Sheriff’s Office. The applicant is responsible for any extraordinary law enforcement costs related to the event, as deemed necessary by the Chisago County Sheriff.
14. Celebrity Security: If political office holders, candidates for public office, celebrities or other public figures are invited to the event, the applicant must make this known to all relevant law enforcement agencies as early as possible to coordinate security measures.
15. Camping: Only volunteers, vendors, racers, or workers directly involved with the event are allowed to camp overnight on the grounds in designated camping areas detailed on the site plan. If required by the State, Sno-Baron’s must apply for and receive a camping license for those who stay at the site overnight. Sno-Baron’s must adhere to any and all applicable Minnesota Department of Health regulations. Campfires are not allowed.
16. Emergency Preparedness: The applicant must ensure that appropriate fire and rescue personnel shall be on site at the end of the race track and accessible to the stunt area continuously. In the event that the paramedics become occupied due to an emergency, the races and stunts must immediately cease and can only resume once the paramedics are available again. The applicant must have an evacuation plan approved by the Sheriff’s Office. The event will be shut down in the event of threatening weather upon the determination of the Sheriff’s office.
17. Flyovers: The applicant must notify the County Sheriff’s Department, Mn/DOT, the FAA, and any other relevant agency of any plans for flyovers which are related to the event, including, but not limited to, military or civilian aircraft, blimps, or balloons.
18. Permanent Year-Round Structures: Permanent year-round structures that will be left on the site as described in the applicant’s narrative. Any permanent structures to be built or placed on-site must have the appropriate building permit as necessary.
19. Temporary Year-Round Structures: The only temporary structures associated with the event to remain year-round on the property are temporary storage PODs and trailer signs, and similar items as approved by the Director of Environmental Services, and must be screened from view.
20. Sanitation Facilities: Portable toilets with hand-washing stations must be provided. Handicapped accessible facilities must also be provided per ADA requirements. A sanitation plan must be submitted to the County Sanitarian at least 30 days prior to the event. Sno-Baron’s must comply with any and all requirements of the Minnesota Department of Health regarding the provision of sanitation facilities for those attending the event during the day and for those staying on the site overnight.
21. Garbage Collection: The applicant’s volunteers can use 4-wheelers and trailers for garbage collection, and must continuously transfer garbage to a sufficient number of roll-off dumpsters to contain all garbage. Any hauler that removes garbage from the site must be licensed by Chisago County. The event site must be completely cleaned and devoid of garbage within one week after the event.
22. Food Vendors: All food vendors must obtain and display food service permits from the Minnesota Department of Health and meet all applicable requirements of MDH.
23. Alcohol: On site alcohol sales are limited to beer only. At least 30 days prior to the event, Sno-Baron’s must provide to the Sheriff’s office a list of all vendors selling beer. Sno-Baron’s and any vendors selling beer at the event are required to apply on a yearly basis for the appropriate liquor license(s) from Sunrise Township and Chisago County. Sno-Baron’s must take measures to prevent minors from obtaining or consuming alcohol during the event.
24. Lighting: Lighting shall be maintained in such a way that light cannot spill onto or otherwise impact neighboring properties.
25. Permanent Signage: Plans for permanent signage on the site must be submitted and appropriate permits obtained from the County. Per Section 4.14-E-4-a of the Zoning Ordinance, no more than one (1) freestanding sign of not more than thirty-five (35) square feet in surface area and no more than fifteen (15) feet in height above the average grade shall be allowed.
26. Trees and Landscaping: The applicant must submit a landscaping plan to be reviewed and approved by the Environmental Services and Zoning Department. Said landscaping plan must include the addition of extra perimeter berming and future landscaping along Highway 95 for screening purposes.
27. Public Liability Insurance Policy: Sno-Baron’s must provide the County with a public liability insurance policy for the event at least 60 days prior to the event. The public liability insurance policy must be for an amount determined to be sufficient by the County Attorney’s Office and the Director of Environmental Services.
28. Post-Event Report: Sno-Baron’s must provide an annual report to Chisago County within 60 days of the last day of the event containing the following information:
a. Total number of persons attending
b. Number of persons at peak attendance
c. Any parking issues
d. Any traffic control issues
The report must be accompanied by an annual report from the Sheriff’s Office and Public Works Department detailing any incidents and suggestions for procedural changes or improvements for the event the following year. A post-event meeting with the County is required within 90 days after the event to prepare for the next year’s event.
29. Other Activities on Site: The granting of this Conditional Use Permit does not include or imply permission for any other activities on the property any other time of year which would otherwise require separate CUP approval.
30. Pre-Event Planning: A pre-event meeting between the applicant and the County must be held at least 90 days before the event to discuss changes and/or updates regarding event details including but not limited to mitigation plans for dust, exhaust, noise, and light, parking, security, traffic control, off-site parking, other event-related plans, detailed site plan, and rules and regulations. The applicant must make any reasonable adjustments to the event required by the County at the pre-event meeting.
31. On-Site Communication: The Event Coordinator must have an on-site communication and telephone communications plan for the Event for emergencies. Such plan must include, but not be limited to submission of emergency contact numbers to Chisago County at least 30 days prior to the event.
32. Site Restoration: Site restoration/stabilization must be completed in a manner consistent with the approved grading and erosion control plan.
33. Hold Harmless Clause: The Sno-Baron’s must hold harmless, defend, and indemnify the County, its officers and employees, for and against any and all liability and claims for property damage, economic loss, personal injury, and death, including but not limited to the costs of defense of any claims and attorneys’ fees, alleged to have been incurred as a result of or in connection with the Event, irrespective of whether such damage, loss, injury, or death is alleged to have occurred on or off the event site.
Motion seconded by Walker.
SNO-BARON’S
Commissioner McMahon offered a motion to receive the report of the Planning Commission meetings of September 2, 2008; September 18, 2008; October 21, 2008; December 4, 2008 and February 5, 2009 and approve the request for a CUP to hold grass drag strip snowmobile races as an annual event as proposed by Tara Nienaber and Meshell Gorsegner on behalf of Sno-Baron’s at Sec. 22, T.35, R.20 (Sunrise Township) at the intersection of State Hwy. 95 and County Road 70 (PID #09.00269.00 and 09.00271.00; and John Peterson’s parking parcel PID #09.00278.10) based on the following FINDINGS OF FACT:
1. The use is consistent with the Comprehensive Plan and development policies of the County. The Chisago County Comprehensive Plan states in pertinent part, “The purpose of the agricultural [zone] is to encourage long term commercial agriculture and prevent the premature conversion of agricultural land to non-farm uses.”1 The proposed use consists of a two day outdoor commercial recreation event, held once annually. Except for the event, and the event-preparation days, the future land use carried out on this property will remain farming and agriculture.2 Given the historical and traditional pattern of development in Chisago County, it is highly likely that the other probable land uses that would result from the sale of this large tract of farmland would be conversion of the farmland into permanent residential development. The County finds that the proposed use is consistent with the County’s stated goal of preserving agricultural land.
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. There are no parks, schools, or other public facilities or utilities which serve the area of the proposed use, so there will be virtually no demand on such public amenities. There is some potential for impact to County Road 70, but the Chisago County Engineer has reviewed the proposal and is requiring mitigatory measures to be employed at the expense of the applicant, and to which the applicant has agreed.3 Any potential negative effects can be mitigated through the ongoing financial surety that the County will require, at an amount to be determined by the County, to mitigate any impacts to County infrastructure caused by the event.4
3. The use will be sufficiently compatible or separated by distance or screening from adjacent development or land so that existing development will not be depreciated in value and there will be no deterrence to development of vacant land. The proposed use will be located primarily on a 140 acre tract of land, providing significant buffer between the use and surrounding properties, which are also large tracts of ag land.5 The proposed event is of a temporary duration (two days annually plus event-preparation) and the affected property will be returned to agricultural use the remainder of the year, or more than 99% of the time.6 Since virtually all of the nearby properties are similar large tracts currently used for agricultural purposes, and the affected property will be used for agricultural purposes nearly all of the time, the County finds that there will be no depreciation in value or deterrence to development of nearby properties. With regard to potential negative impact to adjacent properties, such impacts will be self-limiting by virtue of the brevity of the annual event.7 In addition, the applicant will be required to provide additional landscaping and tree plantings to further screen the affected property from view.8
4. The structures and site will have an appearance that will not have an adverse effect upon adjacent properties. The appearance of the site will remain essentially the same as it is at present, with the exception of the duration of the event and event-preparation days. The structures associated with the event to remain year-round on the property will be the entry and exit gates, the drag strip with fencing, gates around the motorized expo site, a code compliant sign, the announcer’s booth next to the track, five trailers, seven ticket booths, storage pods and trailer-signs.9 Everything else, including the bleachers will be removed after the event.10 The ticket booths and trailers will be screened from view year-round except for during the event.11 Any permanent structures to be placed on site will have the appropriate building permit, if necessary.12 The earthen berms and other constructed features will be returned to the pre-existing topography and seeded down. The applicant will provide landscaping and screening of the property in accordance with an approved plan to be submitted, which will include the addition of extra perimeter berming and tree-landscaping along Highway 95 for screening purposes.13 The applicant will also adhere to an approved lighting plan to be submitted, which will include a photometric plan which stipulates the limited duration of on-site lighting, and will demonstrate that light will not be spilling onto neighboring properties.
5. The use in the opinion of the County is reasonably related to the overall needs of the County and to the existing land use. Letters of support for the proposed event have been received from local Chambers of Commerce who have stated that the event will benefit local businesses and merchants, will feature Chisago County and its resources and amenities, and will encourage tourism and related economic development in the County. The City of Lindstrom and the four townships in closest proximity to the event, including Sunrise, the township in which the use is proposed to be situated have passed resolutions of support for the event.14 The County finds that the proposed use is consistent with the goals of the County’s Comprehensive Plan, which include assisting in the start-up and expansion of businesses, promoting tourism as an expanding opportunity for economic development, encouraging new business development opportunities, and working with cities and townships to identify areas suitable for commercial development and activities.15
6. The 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. The purpose of the Agricultural Zone provides for agricultural and other uses, specifically including commercial outdoor recreation.16 The proposal, as configured will allow a single two day commercial outdoor recreation event annually, with continued farming the remainder of the year, and as such, is consistent with the intent of the Zoning Ordinance, and the stated purpose of the Agricultural Zone, which includes preservation of agricultural lands.17
7. The use will not cause traffic hazard or undue congestion. The event will likely cause traffic congestion, as indicated by the Sno-Baron’s Traffic Study.18 The proposal provides that traffic congestion will be supervised on site by Sno-Baron’s personnel.19 The proposal has been reviewed by the Chisago County Engineer, the County Sheriff and Mn/DOT, and the County finds that while traffic congestion will result from the event, it will not be undue, and it will be able to be mitigated. The Chisago County Sheriff has submitted a letter stating that he has been planning for the event for two years, has trained additional reserve staff, has planned staff vacations around the event, and will be at full strength manpower, both on the site, and away from the site elsewhere in the County.20 With regard to potential hazards, the Chisago County Sheriff, and Aarron Reinert, the Executive Director of Regional Emergency Medical Services have submitted letters indicating that their departments will be able to ensure public safety during the event, as well as provide for ongoing delivery of services to the remainder of their geographical service area.21 Almelund Fire Chief John Lichtscheidl has stated for the record that his department will also be able to provide service as needed, without jeopardizing public safety in the remainder of their service district, through the use of reciprocal agreements with other departments, and similar cooperative efforts.22 Therefore, based upon the opinion of the County’s public safety experts, the County finds that the traffic congestion caused by this event will not unduly endanger public safety by obstructing emergency vehicle access, and the likelihood of actual traffic or other hazards occurring is minimal and can be handled efficiently should it occur.
8. Existing nearby businesses will not be adversely affected because of curtailment of customer trade brought about by intrusion of noise, glare or general unsightliness. Essentially the only existing nearby businesses are farms and related agricultural activities.23 Given the nature of farming and agriculture, there is little in the way of “customer trade” which may be curtailed by any of the temporary noise, glare or unsightliness which may result from the proposed event. In the event that there is customer trade that occurs at neighboring agricultural business locations, the County is in receipt of data regarding noise impact, including the decibel readings provided by Pinnacle Engineering, the consultant to Sno-Baron’s. Pinnacle Engineering noise data from the 2008 event shows that the decibel readings are well within Minnesota Pollution Control Agency rules. The County finds that noise levels will be within State agency rules.24 In addition, any air emissions caused by the Hay Days event are subject to mitigation through State Agency regulations.25 Therefore, the County finds that air emissions will be regulated by the Minnesota Pollution Control Agency. The applicant will provide the following, which will be approved by the County Environmental Services Department prior to the event taking place: a Dust Mitigation Plan, a Fuel Exhaust Mitigation Plan, and a Noise Mitigation Plan, and a Spill Prevention Plan.26
9. The County finds that the event has been conducted for approximately 40 years in its present location, a far more densely populated area than the proposed location, and that any problems that were encountered as the event grew and developed were promptly corrected by the Sno-Baron’s, causing the City of Columbus to support and continue to allow the event in its jurisdiction.
and with the following conditions:
1. Wetland Delineation Evaluation: The applicant must have the event site delineated for wetlands and shall apply for and receive any necessary wetland permits at least one month prior to the event.
2. Duration of Event. The event is limited to two days during the weekend after Labor Day weekend. Set-up and take-down must be completed within three weeks before the event and three weeks after the event, respectively.
3. Hours of Operation: The event can occur from 6:00 a.m. to 6:00 p.m. and the racing shall begin no earlier than 9:00 a.m. Races and demonstration events (ATV/motocross show) can only occur between 9:00 a.m. and 6:00 p.m. Snowmobiles of engine size greater than 800 cc can only run from 12:00 (noon) to 2:00 p.m.
4. Noise: Sno-Baron’s must follow MPCA rules regarding noise levels. For the first year of operation, a noise monitoring consultant chosen by Chisago County and paid for by the applicant must attend the event to ensure compliance with MPCA noise rules. Any event that exceeds MPCA noise rules will be shut down immediately. A report on noise levels during the first year’s event must be submitted by the applicant to Chisago County Environmental Services.
5. Attendance: A procedure must be adopted by Sno-Baron’s and approved by the County to verify that the number of persons attending the event at a given point in time (peak attendance) remains below the state threshold for an Environmental Impact Statement (20,000 persons at any one time). If attendance does exceed that threshold, the Sno-Baron’s must comply with any and all applicable State laws or rules.
6. Traffic: Each year the applicant must submit a detailed plan for traffic, parking, and vehicle and pedestrian access to the Chisago County Environmental Services and Public Works Departments, Sheriff’s Office, and Mn/DOT at least 30 days prior to the event. The applicant must receive prior approval of the traffic plan from the Chisago County Environmental Services and Public Works Departments, and the Chisago County Sheriff’s Office annually in order to hold the event.
7. Access Approval: The Hay Days event must require approval from Chisago County Public Works Department for the accesses on to County Road 70.
8. Financial Surety: The County will require an ongoing financial surety from the applicant at an amount to be determined by the County for any impacts to County infrastructure caused by the event or for site restoration if necessary, as determined to be necessary by the Director of Environmental Services, Public Works Director and Treasurer Lee Olson.
9. Tracking onto County Road 70: The applicant must use appropriate methods to ensure that access to the site will not track dirt onto County Road 70.
10. Grading and Drainage: The applicant must comply with the submitted Construction, Grading and Drainage Plan. Any construction activity disturbing more than one acre of soil must require an MPCA National Pollutant Discharge Elimination System (NPDES) permit.
11. Parking: On-Street parking is prohibited. Off-street parking areas are only allowed on the west side of County Road 70. At least 30 days prior to the event, the applicant must provide in writing to Chisago County Environmental Services a detailed parking plan showing the provision for 4,600 to 7,000 public parking spaces on the 140-acre site of the Hay Days Event and privately owned properties. Efficient parking must be enforced by Sno-Baron’s own parking lot attendants for the event. The applicant must provide to the Chisago County Environmental Services Department a signed and notarized copy of an executed contract or lease between the applicant and the property owner(s) allowing the use of those parcels for the duration of the event and set-up and take-down of the event, or proof of ownership by Sno-Baron’s of said parcels to be used for public parking. The applicant must also provide to the Chisago County Environmental Services a notarized copy of a written commitment from the landowner of said parcels to donate the necessary right-of-way for shoulders and to pay for the installation of said shoulders as deemed necessary by Public Works. The applicant must use variable message signs for traffic control on both County Road 70 and T.H. 95 in a manner acceptable to and in cooperation with Mn/DOT and Public Works and paid for at the applicant’s own expense. Off-street parking must be open to the public at least three hours prior to the start of the event and at least two hours after the end of the event.
12. Access to the site: The field entrance to the property on State Highway 95 must be open for public safety and emergency vehicles only. The four entrances on County Road 70 shall be used by the general public. Only volunteers, workers, vendors, racers, Chisago County Environmental Services enforcement staff, and law enforcement personnel must be allowed to stay on-site overnight.
13. Law Enforcement/Security: The applicant must submit a security plan approved by Chisago County Environmental Services and the Sheriff’s Office. Parking must be handled by Sno-Baron’s own volunteers. The applicant must also employ private security personnel on site at a level adequate to handle security and safety as needed including overnight security. The applicant must also notify and involve the State Patrol in security, safety and traffic control for the event. The applicant must set up a command post for law enforcement near the entrance as directed by the County Sheriff’s Office. The applicant is responsible for any extraordinary law enforcement costs related to the event, as deemed necessary by the Chisago County Sheriff.
14. Celebrity Security: If political office holders, candidates for public office, celebrities or other public figures are invited to the event, the applicant must make this known to all relevant law enforcement agencies as early as possible to coordinate security measures.
15. Camping: Only volunteers, vendors, racers, or workers directly involved with the event are allowed to camp overnight on the grounds in designated camping areas detailed on the site plan. If required by the State, Sno-Baron’s must apply for and receive a camping license for those who stay at the site overnight. Sno-Baron’s must adhere to any and all applicable Minnesota Department of Health regulations. Campfires are not allowed.
16. Emergency Preparedness: The applicant must ensure that appropriate fire and rescue personnel shall be on site at the end of the race track and accessible to the stunt area continuously. In the event that the paramedics become occupied due to an emergency, the races and stunts must immediately cease and can only resume once the paramedics are available again. The applicant must have an evacuation plan approved by the Sheriff’s Office. The event will be shut down in the event of threatening weather upon the determination of the Sheriff’s office.
17. Flyovers: The applicant must notify the County Sheriff’s Department, Mn/DOT, the FAA, and any other relevant agency of any plans for flyovers which are related to the event, including, but not limited to, military or civilian aircraft, blimps, or balloons.
18. Permanent Year-Round Structures: Permanent year-round structures that will be left on the site as described in the applicant’s narrative. Any permanent structures to be built or placed on-site must have the appropriate building permit as necessary.
19. Temporary Year-Round Structures: The only temporary structures associated with the event to remain year-round on the property are temporary storage PODs and trailer signs, and similar items as approved by the Director of Environmental Services, and must be screened from view.
20. Sanitation Facilities: Portable toilets with hand-washing stations must be provided. Handicapped accessible facilities must also be provided per ADA requirements. A sanitation plan must be submitted to the County Sanitarian at least 30 days prior to the event. Sno-Baron’s must comply with any and all requirements of the Minnesota Department of Health regarding the provision of sanitation facilities for those attending the event during the day and for those staying on the site overnight.
21. Garbage Collection: The applicant’s volunteers can use 4-wheelers and trailers for garbage collection, and must continuously transfer garbage to a sufficient number of roll-off dumpsters to contain all garbage. Any hauler that removes garbage from the site must be licensed by Chisago County. The event site must be completely cleaned and devoid of garbage within one week after the event.
22. Food Vendors: All food vendors must obtain and display food service permits from the Minnesota Department of Health and meet all applicable requirements of MDH.
23. Alcohol: On site alcohol sales are limited to beer only. At least 30 days prior to the event, Sno-Baron’s must provide to the Sheriff’s office a list of all vendors selling beer. Sno-Baron’s and any vendors selling beer at the event are required to apply on a yearly basis for the appropriate liquor license(s) from Sunrise Township and Chisago County. Sno-Baron’s must take measures to prevent minors from obtaining or consuming alcohol during the event.
24. Lighting: Lighting shall be maintained in such a way that light cannot spill onto or otherwise impact neighboring properties.
25. Permanent Signage: Plans for permanent signage on the site must be submitted and appropriate permits obtained from the County. Per Section 4.14-E-4-a of the Zoning Ordinance, no more than one (1) freestanding sign of not more than thirty-five (35) square feet in surface area and no more than fifteen (15) feet in height above the average grade shall be allowed.
26. Trees and Landscaping: The applicant must submit a landscaping plan to be reviewed and approved by the Environmental Services and Zoning Department. Said landscaping plan must include the addition of extra perimeter berming and future landscaping along Highway 95 for screening purposes.
27. Public Liability Insurance Policy: Sno-Baron’s must provide the County with a public liability insurance policy for the event at least 60 days prior to the event. The public liability insurance policy must be for an amount determined to be sufficient by the County Attorney’s Office and the Director of Environmental Services.
28. Post-Event Report: Sno-Baron’s must provide an annual report to Chisago County within 60 days of the last day of the event containing the following information:
a. Total number of persons attending
b. Number of persons at peak attendance
c. Any parking issues
d. Any traffic control issues
The report must be accompanied by an annual report from the Sheriff’s Office and Public Works Department detailing any incidents and suggestions for procedural changes or improvements for the event the following year. A post-event meeting with the County is required within 90 days after the event to prepare for the next year’s event.
29. Other Activities on Site: The granting of this Conditional Use Permit does not include or imply permission for any other activities on the property any other time of year which would otherwise require separate CUP approval.
30. Pre-Event Planning: A pre-event meeting between the applicant and the County must be held at least 90 days before the event to discuss changes and/or updates regarding event details including but not limited to mitigation plans for dust, exhaust, noise, and light, parking, security, traffic control, off-site parking, other event-related plans, detailed site plan, and rules and regulations. The applicant must make any reasonable adjustments to the event required by the County at the pre-event meeting.
31. On-Site Communication: The Event Coordinator must have an on-site communication and telephone communications plan for the Event for emergencies. Such plan must include, but not be limited to submission of emergency contact numbers to Chisago County at least 30 days prior to the event.
32. Site Restoration: Site restoration/stabilization must be completed in a manner consistent with the approved grading and erosion control plan.
33. Hold Harmless Clause: The Sno-Baron’s must hold harmless, defend, and indemnify the County, its officers and employees, for and against any and all liability and claims for property damage, economic loss, personal injury, and death, including but not limited to the costs of defense of any claims and attorneys’ fees, alleged to have been incurred as a result of or in connection with the Event, irrespective of whether such damage, loss, injury, or death is alleged to have occurred on or off the event site.
Motion seconded by Walker.
