Stearns County

              Board of Commissioners

              Stearns County Administration Center

              705 Courthouse Square

              St. Cloud, MN  56303

              320-656-3601

 

              Regular Meeting Minutes

              Tuesday, January 24, 2017

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Call to Order

9:00 AM Meeting called to order by DeWayne F. Mareck, Chair, on January 24, 2017 at Administration Center, County Administration Center, St. Cloud, MN.

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Roll Call

District 1  DeWayne Mareck: Present, District 2 Joe Perske: Present, District 3 Jeff Mergen: Present, District 4 Leigh Lenzmeier: Present, District 5 Steve Notch: Present, County Administrator Michael Williams: Present, County Auditor - Treasurer Randy Schreifels: Present, Office Specialist IV Tammy Moulzolf: Present.

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Public Access Forum

David Trettel appeared before the Board to thank Commissioner Mergen for his help.

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Consent Agenda

1.              Approve minutes of Tuesday, January 10, 2017

2.              Approve appointment of Joshua Thieschafer as District 5 Representative to the Stearns County Housing and Redevelopment Authority Board for a 5 year term ending December 31, 2021

3.              Authorize Board Chair to Sign Letter Granting Central Planes Aviation, Inc. Permission to Fly Over Unincorporated Areas to Spray for Army Worms

4.              Approve the following 2017 payable abatements: Shardon LLC, 34.22839.0000, Sauk Centre Township, where data entry error occurred by appraiser and Susan Puchalla, 98.60502.0000, Waite Park City, where data entry error occurred by appraiser, 2016 payable abatements: Allen & Beth Zuhlsclorf, 08.80765.0118, Eden Lake Township, where wrong owner was assessed.

5.              Approve $2,010 Budget Adjustment Request from Sheriff's Office to Purchase New Vehicle Tracker to Replace Old Unit to be funded from the Criminal Forfeiture Fund.

6.              For Informational Purposes Only December Claims Paid in Amount of $46,551,622.78

7.              Adopt Resolution 17-05 Amendment to the Stearns County All Hazard Mitigation Plan addressing changes for the City of St. Cloud.

Consent Vote

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Steve Notch, District 5

SECONDER:              Jeff Mergen, District 3

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Recess Regular Meeting

Recess Regular County Board Meeting to Conduct Human Services Board Meeting

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Human Services Board Consent Items

1.              Approve and authorize the Board Chair and Vice Chair to sign a contract with the Minnesota Department of Health (MDH) for the Community Health Board Grant Project Agreement for the Maternal, Infant & Early Childhood Home Visiting (MIECHV) Program effective March 1, 2017 through September 30, 2019, in an amount not to exceed $1,439,325 as follows:

For the period March 1, 2017 through September 30, 2017, not to exceed $322,422

For the period October 1, 2017 through September 30, 2018, not to exceed $546,770

For the period October 1, 2018 through September 30, 2019, not to exceed $560,133

2.              Approve and authorize the Board Chair to sign a contract with Lutheran Social Service to provide Parent Support and Outreach Program services (PSOP) at the rate of $72.69 per hour, with total expenditure not to exceed $50,213, for the period January 1, 2017 through December 31, 2017. (Note - 2% rate increase)

3.  Approve appointment of Jama Alimad to the Human Services Advisory Committee for a 3 year term ending December 31, 2019

Consent Vote

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Leigh Lenzmeier, District 4

SECONDER:              Joe Perske, District 2

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Human Services Board Regular Items

Presentation by Mark Sizer, Human Services Administrator, re: consideration of:

1.              Receive Updated Information on Transition of Clients from Opportunity Services, Inc. to Other Extended Employment Providers

Presenter:  Julie Ellis, Community Supports Division Director; Marcus Miller, Civil Division Chief Attorney;

RESULT:              INFORMATIONAL – NO VOTE

Close Human Services Board

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Reconvene Regular Meeting

Reconvene Regular County Board Meeting

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Human Resources

Presentation by Jennifer Thorsten, Human Resources Director, re:  consideration of:

1.              Presentation was made by Herbert Trenz regarding his staffing assessment of County Administration Office.  Motion was made to accept and implement recommendations and move forward with the review of the job descriptions of the Assistant to the County Administrator and Public Information Specialist and have the Risk Manager position report to the current Assistant to the County Administrator.

Presenter:  External --  Herb Trenz, HR Trenz Consulting

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Jeff Mergen, District 3

SECONDER:              Steve Notch, District 5

 

 

 

Mr. Trenz then reviewed the Human Resources Department.  Motion was made to accept and implement recommendations including reviewing job descriptions to see if duties can be redistributed within job classifications, advance the wellness program and offer training session and discussion on recruitment and selection in the public sector.

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Leigh Lenzmeier, District 4

SECONDER:              Steve Notch, District 5

 

.Administration

Presentation by Michael Williams, County Administrator, re:  consideration of:

1.              Receive Board and Committee Per Diem Information

After some discussion, motion was made to raise the per diems for the Dairy Advisory Committee, Noxious Weeds Appeal Committee and Park Commission to the minimum $40 and for a yearly review of per diems to take place when annual appointments are made.

Presenter:  Stephen Hammes, Assistant to the County Administrator;

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Steve Notch, District 5

SECONDER:              Joe Perske, District 2

 

2.              Adopt 2017 Capital Improvement Plan and authorize staff to develop a bonding proposal.

Presenter:  Stephen Hammes, Assistant to the County Administrator; Pete Reuter, Building Facilities Director

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Leigh Lenzmeier, District 4

SECONDER:              Joe Perske, District 2

 

Environmental Services

Presentation by Chelle Benson, Environmental Services Director, re: consideration of:

1.      Approve as recommended by the Stearns County Planning Commission and adopt Planning Commission Findings-of-Fact on a request for a Conditional Use Permit submitted by Milk and Honey Ciders, Cold Spring MN, on behalf of IMS Properties LLC, St. Joseph MN according to Sections 4.8, 6.5 and 9.3.5B of Stearns County Land Use and Zoning Ordinance #439 to operate a farm winery in the Agricultural 40 (A-40) zoning district. The property under consideration is located in part of the SW1/4SE1/4 of Section 8, St. Joseph Township (124/29), lying northerly of County Road 51.

The following conditions apply:

1. An approach permit shall be obtained from the County Highway Department.

2. The State Accessibility Code is required to be met. A Certificate of Occupancy shall be submitted once it’s issued by a licensed building official.

3. A wetland delineation is required to be completed and approved prior to issuance of a construction site permit.

4.      The sewage treatment sites shown on the site plan shall be marked so they aren’t disturbed (i.e. fence, etc.)

5.      The maximum number of special events per year shall be 12.  One of the special events may be up to 3 days in duration.  All other special events shall not exceed one day.

6.      Regular hours where the business is open to the public shall be from 8 a.m. – 10 p.m. Monday thru Sunday.  For special events, business hours shall be 8 a.m. – 12 a.m.  Any outdoor music shall be allowed form 8 a.m. – 10 p.m..

7.      The maximum capacity for special events shall be 300 people on the property at any one time.

8.      A minimum of two portable toilets per 150 people (1 handicap accessible) shall be available during special events. The portable toilets shall be maintained in a sanitary condition.

9.      Shall obtain appropriate licenses from Stearns County Environmental Services and/or the Minnesota Department of Agriculture.  License requirements will be determined based on whether or not food is being served and what portion of the business sales come from cider sales, food sales and other sales.

10.  Obtain a Farm Winery License from the State of Minnesota.

 

The following Findings-of-Fact apply:

1.      The proposal is consistent with Sections 4.8, 6.5 and 9.3.8B of Stearns County Land Use and Zoning Ordinance #439.  Farm wineries are allowed as an agriculturally oriented business in the A-40 zoning district.

2.      The proposal must meet 10 conditions

3.      The proposed use will be screened by the apple orchard that will be planted surrounding the building and parking area.

4.      Environmental impacts are being addressed through the permitting process and building process.

5.      There will be no change to property values in the area as a result of the proposal.

6.      Traffic in the area will increase.  The applicants are working with the County Highway Department to site the approach to the property in the safest location.

7.      The proposal will improve the general health, safety and welfare of the residents.

8.      The proposal conforms to the County's Comprehensive Plan, specifically the Land Use Plan Goal 3, Objectives 1 & 2 and Economic Development Plan Goal 1, Objectives 1-4.

9.      The minimal impact to existing public services and facilities are being addressed in the conditions.

Presenter:  Angie Berg, Land Use Division Supervisor;

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Jeff Mergen, District 3

SECONDER:              Leigh Lenzmeier, District 4

 

2.              Approve as recommended by the Stearns County Planning Commission and adopt the Planning Commission findings-of-fact on a rezoning request submitted by Dennis Hiltner, Richmond MN on behalf of James and Norma Hiltner, Eden Valley MN, to rezone approximately 14.37 acres from the Residential 10 zoning district to the Residential 5 zoning district in accordance with Section 4.10 of Stearns County Land Use and Zoning Ordinance #439 and enact Ordinance #548. The property under consideration is part of Government Lot 5 in Section 17, Eden Lake Township (122/31), lying easterly of Deerbrook Circle. The property address is 23848 Deerbrook Circle, Eden Valley.

 

The following Findings-of-Fact apply:

1.      The proposal conforms to the County's Comprehensive Plan, specifically the Land Use Plan Goal 3 Objectives 1-3, Goal 4 Objective 1, Goal 6 Objective 1 and Goal 7 Objective 1.

2.      The proposed rezoning is compatible with present and future land uses in the area.  There are approximately 66 residential dwellings within a half mile of the property.

3.      Environmental impacts will be addressed through the platting process.

4.      There will be no impact on existing public services and facilities as a result of the proposal.

5.      There was concern about increased traffic through a resort on the same road as the proposal.  There will be a minimal increase in traffic as a result of the proposal.

 

 

ORDINANCE NUMBER 548

 

AN ORDINANCE AMENDING

STEARNS COUNTY ORDINANCE NUMBER 439

 

WHEREAS, the Planning Commission of Stearns County, after a public hearing duly called and held, as required by law, and after due investigation and consideration, has recommended in writing, to the Stearns County Board of Commissioners, that certain boundary changes may be made on the Official Zoning Map; and

 

WHEREAS, the Stearns County Board of Commissioners, after due consideration, find that approving said boundary changes will be consistent with the Stearns County Comprehensive Plan.

 

THE COUNTY BOARD OF STEARNS COUNTY ORDAINS:

 

Section 1.0  That the following described property in Eden Lake Township is hereby rezoned from the Residential 10 (R-10) zoning district to the Residential 5 (R-5) zoning district: 

 

Section 2.0  The Official Zoning Map, on file in the Stearns County Environmental Services Office, Stearns County Administration Center, St. Cloud, Minnesota is hereby amended to change the district boundaries as shown in Exhibit B which is hereby incorporated by reference as though a part of this Ordinance.


Section 3.0  This Ordinance shall be in full force and effect after its passage and publication as provided by law.

Presenter:  Angie Berg, Land Use Division Supervisor;

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Jeff Mergen, District 3

SECONDER:              Steve Notch, District 5

 

3.              Approve as recommended by the Stearns County Planning Commission and adopt Planning Commission Findings-of-Fact on a Conditional Use Permit application submitted by Verizon Wireless, Chicago IL on behalf of Lawrence and Theresa Kunkel, Kimball MN, according to Sections 4.8, 7.27.4 and 9.2.5D of Stearns County Land Use and Zoning Ordinance #439, to construct a wireless communications tower and equipment shelter in the A-40 zoning district. The property is located in the SE1/4 SE1/4 and part of the SW1/4 SW1/4 Section 2, Maine Prairie Township (122/29), lying northerly of 190th St and westerly of County Road 146.

 

The following conditions apply:

1.      The applicants shall comply with the erosion control standards within Section 7.10 of Stearns County Zoning Ordinance #439 including the requirement for an NPDES permit from the MPCA if one acre or more of land is disturbed as a result of road building and tower/compound construction.

2.      Upon completion of the tower, a certification that the tower and antenna conform to the latest standards of the Uniform Building Code from a licensed engineer shall be submitted.

 

The following Findings-of-Fact apply:

1.      The proposal is consistent with Sections 4.8, 7.27.4, and 9.2.5 of Stearns County Land Use and Zoning Ordinance #439.

2.      There are two conditions that the proposal must meet.

3.      The proposed use cannot be screened from view however telecommunication towers are allowed in the agricultural zoning districts.

4.      Environmental impacts have been addressed through the conditions.

5.      The proposal will have no impact on property values in the area.

6.      The proposal will cause no change to potential health, safety or traffic generation impacts.

7.      There will be no change in the impact to the general health, safety and welfare of the residents.

8.      The proposal conforms to the County's Comprehensive Plan, specifically the Land Use Plan, Goal 2, Objectives 1 & 2 and Goal 3, Objectives 1 & 2.

9.      There will no impact to existing public services and facilities.

Presenter:  Angie Berg, Land Use Division Supervisor;

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Jeff Mergen, District 3

SECONDER:              Joe Perske, District 2

 

4.              Approve as recommended by the Planning Commission a plat entitled “Buffalo Ridge Estates” consisting of five (5) residential lots and one (1) Outlot submitted by Stephen Jennings, Richmond MN according to Stearns County Subdivision Ordinance #230 and Land Use and Zoning Ordinance #439.  The 20.03 acre plat is located in part of N1/2SE1/4, Section 14 of Munson Township (123/31), lying easterly of County Road 23 and westerly of Dutch Avenue NW.

 

The following conditions apply and have been met:

1.      A Declaration of Restriction will be required stating, in order to protect the two soil treatment areas on each lot for sewage treatment use, they shall be maintained in an undisturbed and natural state.

2.      A Subdivision Agreement will be required stating the following:

a.       Construction site best management practices (BMPs) shall be required during construction of any new structures in accordance with Section 7.10 of Stearns County Land Use and Zoning Ordinance 439, or successor Ordinance.

b.      In order to protect them for sewage treatment use, the two soil treatment areas on each lot, as designated on the preliminary plat, shall be staked and roped off prior to any ground disturbing activity on each lot.

c.       The developer is hereby made aware that a National Pollutant Discharge Elimination System (NPDES) Construction Stormwater Permit shall be required if one acre or more of land is disturbed as a result of construction within the entire plat of Buffalo Ridge Estates.  This permit is obtained through the Minnesota Pollution Control Agency.  Requirements of this permit include the creation and implementation of a Stormwater Pollution Prevention Plan (SWPPP) for the construction activity. 

d.      The plat of Buffalo Ridge Estates is located in an agricultural area and the construction, expansion, and operation of animal feedlots and other agricultural uses are permitted in this area. The Developers, therefore, acknowledge that future buyers may be exposed to the sights, sounds, smells, and conditions of modern agriculture.

e.       According to the Stearns County Geologic Atlas, there are medium groundwater sensitivity features within the plat.

f.        A residential dwelling is not allowed on Outlot A until it is replatted, in order to address road access, septic system locations and stormwater management.

g.      The property is in very close proximity to the City of Richmond.  Owners may want to consider placing the home in a strategic location with the possibility of the parcel being further subdivided.  If a home is not within a strategic position and the property is annexed into the City of Richmond, an owner may be subject to significantly higher assessments for water and wastewater utilities and street improvements.

3.      A Water Supply Verification is required to be recorded with the final plat (acceptable water test results for nitrates shall be taken and completed by a laboratory certified by the Minnesota Department of Health.  Water test results can be from within the plat boundary or from a well within 300 feet of the plat boundary). (This has been submitted)

4.      Incorporate County Highway comments.  A Highway Certificate is required with the final plat.

5.      Access easement across Outlot A for shared driveway for Lot 1 Block 1 and Lot 1 Block 2.  Easement shall be a minimum of 33’ wide and shall be granted for roadway and utility purposes, must be perpetual, be binding upon the heirs, successors and assigns, have a defined legal description, contain provisions for construction, maintenance, repair, alteration and contain provisions for enforceability by the grantor/grantee.

6.      Parkland dedication fee of $5000 is required prior to final plat approval

7.      Identify and note on the final plat any powerlines or power poles, if there are any on the property.  Recommend confining the utility easement.

8.      A mortgage satisfaction is required to be recorded.

9.      Provide 5 foot utility easements along all lot lines within the plat, except for Outlot A.

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Jeff Mergen, District 3

SECONDER:              Steve Notch, District 5

 

5.              Receive Update on Household Hazardous Waste (HHW) Facility

Presenter:  Hank Schreifels, Environmental Health Division Supervisor;

RESULT:              INFORMATIONAL – NO VOTE

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Public Works

Presentation by Jodi Teich, County Engineer, re:  consideration of:

1.              Approve and Authorize Final Payment to French Lake Builders Inc. on SP 073-591-003; St. Augusta Safe Routes to School Project

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Steve Notch, District 5

SECONDER:              Joe Perske, District 2

 

2.              Approve Award of 2017 Resurfacing Contract to Low Bidder Knife River in the amount of $3,767,686.10

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Leigh Lenzmeier, District 4

SECONDER:              Steve Notch, District 5

 

3.              Approve bid date of February 23, 2017.  For more information on bids, view the Stearns County website at:  http://co.stearns.mn.us/Government/BidsandRFPs

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Jeff Mergen, District 3

SECONDER:              Joe Perske, District 2

 

4.              Receive 2017 Construction Overview

RESULT:              INFORMATIONAL – NO VOTE

 

Adjourn to Travel to Currey's Photography, 726 - 7th Avenue North, St. Cloud for Board Portraits

Chair Mareck adjourned the County Board Meeting at 11:10 a.m.