Stearns County

              Board of Commissioners

              Stearns County Administration Center

              705 Courthouse Square

              St. Cloud, MN  56303

              320-656-3601

 

              Regular Meeting Minutes

              Tuesday, August 22, 2017

                           

Call to Order

9:00 AM Meeting called to order by DeWayne F. Mareck, Chair, on August 22, 2017 at Administration Center, County Administration Center, St. Cloud, MN.

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.

 

Consent Agenda

1.              Approve minutes of Tuesday, August 01, 2017

2.              Authorize Board Chair to Sign Letter Supporting Central Minnesota Emergency Medical Services Region Joint Powers Board Request for Governor and Legislators Representing Region to Attend Meeting to Discuss Funding Concerns for Emergency Medical Services System

3.              Approve Application for Four-Day On-Sale 3.2 Percent Malt Liquor License Submitted by Lions Club of Albany, Minnesota for Albany Pioneer Days to be Held September 14, 15, 16 and 17, 2017 at Albany Pioneer Grounds Located in Albany Township

4.              For Informational Purposes Only July Claims Paid in Amount of $20,554,240.96

5.              Authorize Emergency Management Performance Grant Agreement in the amount of $10,000 to be used for a regional project for Emergency Operations Center Go-Kits

6.              Authorize Radiological Emergency Preparedness Grant Funding for Training Exercise and Meal Expenses not to exceed $1,500

7.              Approve Resolution 17-33 Adopting Stearns County All Hazard Mitigation Plan

8.              Approve appointment of Melissa Huberty as Human Services Administrator as recommended by the recruitment selection panel

9.              Approve and authorize Board Chair to sign Lease Agreement with the Greater St. Cloud Public Safety Foundation (Lessor) to rent space for the purpose of providing human services programming at the Community Outpost on the South Side of St. Cloud

10.              Approve and authorize Board Chair to sign Premises Usage Agreement with CentraCare Health-Paynesville for purposes of WIC clinic programming by the Public Health Division of Stearns County Human Services

Consent Vote:

RESULT:                            APPROVED [UNANIMOUS]

MOVER:                            Steve Notch, District 5

SECONDER:              Jeff Mergen, District 3

 

Recess Regular Meeting

 

Recess Regular County Board Meeting to Conduct Human Services Board Meeting

 

 

 

Human Services Board Consent Items

1.              Approve and authorize Board Chair to sign agreement with Dr. Kimberly L. Tjaden, M.D., for the delivery of public health consultation service to the Board, advisory groups, and staff for the period of September 1, 2017 to December 31, 2018 at the rate of $200 per hour

2.              Approve and authorize Board Chair to sign Purchase of Service Agreement with Catholic Charities of the Diocese of St. Cloud, effective for the term September 1, 2017 through December 31, 2018 at the following rates: For parenting capacity assessments, including client interviews, collateral contacts, test administration and scoring, observations of parent-child interactions, report writing and other tasks directly related to the assessment process, at the rate of $150.00 per hour; For travel time, including drive-time to and from meetings with clients and case manager, home visits, and travel for other tasks directly related to the assessment process, at the rate of $75.00 per house; and For court appearance, including preparation time and time at court, at the rate of $200.00 per hour

3.              Approve a County of Stearns Tobacco License for August 22, 2017 through June 30, 2018, for retailer Marcia's Bar & Grill II dba Marcia's Bar & Grill LLC, Brooten.

4.              For Informational Purposes Only Human Services July Claims Paid in Amount of $86,091.19

Human Services Consent Vote:

RESULT:                            APPROVED [UNANIMOUS]

MOVER:                            Leigh Lenzmeier, District 4

SECONDER:              Joe Perske, District 2

 

Human Services Board Regular Items

1.              Authorize Board Chair to sign proclamation designating September 2017 as National Alcohol and Drug Addiction Recovery Month in Stearns County and receive information about displays planned for the Administration Center and the Service Center during the week of September 11-15, 2017

 

Proclamation

National Alcohol and Drug Addiction Recovery Month

 

WHEREAS, behavioral health is an essential part of health and one’s overall wellness; and

 

WHEREAS, prevention of mental and substance use disorders works, treatment is effective, and people recover in our area and around the nation; and

 

WHEREAS, preventing and overcoming mental and substance use disorders is essential to achieving healthy lifestyles, both physically and emotionally; and

 

Whereas, we must encourage relatives and friends of people with mental and/or substance use disorders to implement preventing measures, recognize the signs of a problem, and guide those in need to appropriate treatment and recovery support services; and

 

WHEREAS, in 2016, according to the Drug and Alcohol Abuse Normative Evaluation System (DAANES), an estimated 1,142 people in Stearns County were affected by these conditions and sought treatment.  53.2% of these persons, successfully completed a treatment program; and


WHEREAS, to help more people achieve and sustain long-term recovery, the U.S. Department of Health and Human Services (HHS), the Substance Abuse and Mental Health Services Administration (SAMHSA), the White House Office of National Drug Control Policy (ONDCP), and Stearns County, Minnesota, invite all residents of Stearns County, Minnesota, to participate in National Recovery Month; and

 

NOW, THEREFORE, I DeWayne F. Mareck, by virtue of the authority vested in me by the laws of St. Cloud, Minnesota, do hereby proclaim the month of September 2017 as

NATIONAL RECOVERY MONTH In Stearns County, Minnesota, and call upon the people of Stearns County  to observe this month with appropriate programs, activities, and ceremonies to support this year’s Recovery Month theme, “Join the Voices for Recovery: Strengthen Families and Communities.”

Presenter: Julie Ellis, Community Supports Division Director;

RESULT:                            APPROVED [UNANIMOUS]

MOVER:                            Leigh Lenzmeier, District 4

SECONDER:              Joe Perske, District 2

             

Close Human Services Board

 

Reconvene Regular Meeting

Reconvene Regular County Board Meeting

 

Veterans Services

Presentation by Cory Vaske, Veterans Services Officer, re: consideration of:

1.              Accept Veterans Services Office Annual Report

RESULT:                            INFORMATIONAL - NO VOTE

 

Minnesota Counties Intergovernmental Trust

1.              Receive Minnesota Counties Intergovernmental Trust 2017 Member Report

RESULT:                            INFORMATIONAL – NO VOTE

 

Public Works

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

1.              Authorize Level of Support for Highway 23 Coalition

Motion was made to authorize Stearns County to be an advocate sponsor of the Highway 23 Coalition and pay the annual membership fee of $3,000 with the goal of completing two four lane gaps in Highway 23

RESULT:                            APPROVED [UNANIMOUS]

MOVER:                            Steve Notch, District 5

SECONDER:              Jeff Mergen, District 3

 

2.              Adopt Resolution 17-34 Requesting Speed Study along County State Aid Highway 35 from County State Aid Highway 17 to Todd County Line

 

RESOLUTION 17-34

 

BE IT RESOLVED, that the County Board of Stearns County, in compliance with Minnesota Statutes, Section 169.14, Subd. 5, hereby requests the Commissioner of Transportation, upon a


basis of an engineering and traffic investigation, to authorize the erection of appropriate signs designating a reasonable and safe speed limit upon the following described street and highway:

 

CSAH 35 from CSAH 17 to the Stearns/Todd County line

 

RESULT:                            APPROVED [UNANIMOUS]

MOVER:                            Steve Notch, District 5

SECONDER:              Joe Perske, District 2

 

3.              Adopt Resolution 17-35 Requesting Speed Study along County State Aid Highway 17 Between East Street and County Road 185 in Sauk Centre

 

RESOLUTION 17-35

 

BE IT RESOLVED, that the County Board of Stearns County, in compliance with Minnesota Statutes, Section 169.14, Subd. 5, hereby requests the Commissioner of Transportation, upon a basis of an engineering and traffic investigation, to authorize the erection of appropriate signs designating a reasonable and safe speed limit upon the following described street and highway:

 

CSAH 17 from East Street to County Road 185 in Sauk Centre

 

RESULT:                            APPROVED [UNANIMOUS]

MOVER:                            Steve Notch, District 5

SECONDER:              Joe Perske, District 2

 

4.              Authorize soliciting quotes and using a portion of County Levy Construction Funds to Lower Two County Road Centerline Culverts along County Ditch 7 in North Fork Crow River Watershed District

RESULT:                            APPROVED [UNANIMOUS]             

MOVER:                            Steve Notch, District 5

SECONDER:              Jeff Mergen, District 3

 

Environmental Services

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

1.              Motion was made to hold a public hearing on September 19, 2017 at a time to be determined by staff for consideration of a rezoning request submitted by Bryan Brophy, St. Joseph MN, on behalf of Alan and Rebeka Ressemen, Reva VA, to rezone approximately 71 acres from the Agricultural 40 zoning district to the Commercial zoning district in accordance with Section 4.10 of Stearns County Land Use and Zoning Ordinance #439.  The property under consideration is part of the W1/2SE1/4, in Section 35, lying north of County Rd 6, St. Joseph Township (124/29).

Presenter: Angie Berg, Land Use Division Supervisor;

RESULT:                            APPROVED [UNANIMOUS]

MOVER:                            Leigh Lenzmeier, District 4

SECONDER:              Jeff Mergen, District 3

 

2.              Approve as recommended by the Stearns County Planning Commission a rezoning request submitted by Daniel and Marie Bullert, Avon MN, to rezone approximately 22 acres from the Agricultural 40 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 No. 559.  The property under consideration is Lot 2 Block 1 Two Rivers Addition, in Section 6, lying south of Two Rivers Road, Avon Township (125/30).  Property address is 18703 Two Rivers Road, Avon.

The following Findings of Fact were adopted:

1.              The proposal is consistent with the County's Comprehensive Plan.  The property is located within the Moderate Residential area on the Future Land Use Map.  It is consistent with the following goals and objectives from the Land Use Plan Chapter 3:

              Agriculture

              Goal 2.                            Minimize land use conflict between agriculture and other land uses.

Objective 1.              Maintain suitable boundaries for urban, rural residential and agricultural areas.

Objective 2.              Provide standards to protect new and existing land uses from incompatible land uses.

              Growth and Development

Goal 3.               Manage the impacts of growth and development on the County's rural character

Objective 2.              Identify appropriate areas for commercial, industrial, and non-farm rural residential developments.

              Goal 4.                            Sustain the current livability and diversity of Stearns County.

Objective 1.              Recognize and respond to the differences in community needs and character, development patterns, and natural resources in different regions of the County.

2.              The proposed rezoning is compatible with present and future land uses in the area.

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

4.              There will be a minimal impact on property values in the area as a result of the proposal.

5.              There will be a minimal impact on the public health, safety and traffic generation.

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

7.              Avon Township recommended approval of the request.

ORDINANCE NUMBER 559

 

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 Avon Township is hereby rezoned from the Agricultural 40 zoning district to the Residential 5 zoning district: 

 

Lot 2 Block 1 of Two Rivers Addition

 

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 A 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 a rezoning request submitted by A+ Custom Homes, Richmond MN, to rezone approximately 50 acres from the Agricultural 40 zoning district to the Residential 10 zoning district in accordance with Section 4.10 of Stearns County Land Use and Zoning Ordinance #439 and enact Ordinance No. 560. The property under consideration is part of the SE1/4 of the SE1/4 Section 19, part of the E1/2 of the NE1/4 and part of the NE1/4 of the SE1/4 Section 30, lying southwest of Frostview Road, east of Fortress Road, west of Frostview Court and north of Zumwalde Lake, Wakefield Township (123/30).

The following Findings of Fact were adopted:

1.              The proposal is consistent with the following goals and objectives from the Land Use Plan Chapter 3 of the County's Comprehensive Plan:

              Growth and Development

              Goal 3.               Manage the impacts of growth and development on the County's rural

                            character

Objective 1.               Discourage incompatible land uses through effective land use controls.

Objective 2.               Identify appropriate areas for commercial, industrial, and non-farm rural residential developments.

Objective 3.               Deter premature development in rural areas and in urban expansion areas around cities.

              Goal 6.                Provide a variety of residential opportunities.

              Objective 4.                Create sufficient housing opportunities near job centers.

 

2.              The proposed rezoning is compatible with present and future land uses in the area.  The LESA score is 64.56, which is below the threshold for non-agricultural conversion of land.

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

4.              There will be a minimal impact on property values in the area as a result of the proposal.

5.              There will be a minimal impact on the public health, safety and traffic generation; this will be further addressed during the plat process.

6.              There will be minimal impact on existing public services and facilities as a result of the proposal.

7.              Concerns were expressed related to the use of Frostview Court to access new lots.  Frostview Court is dedicated to the public, but is a privately maintained road.  This will be addressed in the plat process.

8.              Wakefield Township recommended approval of the request.

ORDINANCE NUMBER 560

 

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 Wakefield Township is hereby rezoned from the Agricultural 40 zoning district to the Residential 10 zoning district: 

 

See attached Exhibit A

 

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:              Joe Perske, District 2

 

4.              Approve Application for Subsurface Sewage Treatment Systems (SSTS) Grant from Minnesota Pollution Control Agency (MPCA) for Low Income Fix-ups Through Clean Water, Land and Legacy Funds

Presenter: Hank Schreifels, Environmental Health Division Supervisor;

RESULT:                            APPROVED [UNANIMOUS]

MOVER:                            Steve Notch, District 5

SECONDER:              Joe Perske, District 2

 

5.              Authorize Environmental Services Department to work with Mrs. Anna M. Boese, City of St. Augusta, to replace her current non-functioning Subsurface Sewage Treatment (STS), and approve recovery project costs through the collection of special assessments assessed to her real estate taxes

Presenter: Hank Schreifels, Environmental Health Division Supervisor;

RESULT:                            APPROVED [UNANIMOUS]

MOVER:                            Leigh Lenzmeier, District 4

SECONDER:              Steve Notch, District 5

 

Environmental Services Consent Items

1.              Tabled:  Approval of a conditional use permit submitted by Bryan Brophy, St. Joseph MN, on behalf of Alan & Rebeka Ressemen, Reva VA, according to Sections 4.8, 6.38 and 9.10.5R of Stearns County Land Use and Zoning Ordinance #439 to operate a light manufacturing business, including office and showroom, in the Commercial zoning district.  The property under consideration is part of the W1/2 SE1/4, in Section 35, lying north of County Rd 6, St. Joseph Township (124/29).

2.              Approve as recommended by the Stearns County Planning Department and adopt the Finding of Fact on a conditional use permit submitted by New Munich Solar LLC, Radnor PA, on behalf of AG-GRO INC, Melrose MN, according to Sections 4.8, 6.51 and 9.2.5T of Stearns County Land Use and Zoning Ordinance #439 to construct a 1MW community solar garden on approximately 10 acres in the Agricultural 80 zoning district.  The property under consideration is part of the SW1/4 NE1/4, Section 7, lying west of State Highway 237 and north of Riverview Road, Oak Township (125/32). 

The following conditions apply:

1.              A qualified engineer shall certify that the foundation and design of the solar panels is within accepted professional standards prior to issuing a construction site permit.

2.              Manufacturer’s specifications for the equipment shall be submitted prior to issuing a construction site permit.

3.              A financial guarantee in the form of a letter of credit meeting the County letter of credit requirements in the amount $20,000 shall be submitted prior to issuing a construction site permit to ensure proper decommissioning of the solar garden. 

4.              The applicant shall install and establish ground cover meeting the beneficial habitat standards consistent with Minnesota Statutes, section 216B.1642 and guidance as set by the Minnesota Board of Water and Soil Resources.  A letter of credit meeting the County letter of credit requirements in the amount of 125% of the cost to vegetate the project area is required for the life of the project.  The Solar Site Pollinator Habitat Assessment Form shall be completed to show that the beneficial habitat standard is met and submitted with the construction site permit application.

5.              Vegetative screening shall be added on the north, east and south sides of the solar garden in accordance with the plan submitted with the application.  A financial guarantee in the form of a letter of credit meeting the County letter of credit requirements in the amount of 125% of the cost to implement the screening plan shall be submitted.

6.              A written agreement with Oak Township shall be submitted in regards to the maintenance of Riverview Road.  This shall be submitted prior to issuing a construction site permit.

 

The following Findings of Fact were adopted:

1.              The proposal is consistent with Sections 4.8, 6.51 and 09.2.5T of Land Use and Zoning Ordinance #439.

2.              There are six conditions the proposal must meet.

3.              The proposal is consistent with present and future land uses in the area.  The proposed screening will mitigate the visual impact.

4.              Environmental impacts are not anticipated, but would be addressed through the construction site permit process.

5.              The proposal will not impact property values in the area.

6.              Potential impacts to public health, safety and traffic generation have been addressed through the conditions; requiring a Township road agreement prior to issuing the construction site permit for the project.

7.              The proposal will not impact the general health, safety and welfare of the residents in the area.

8.              The proposal conforms to the County Comprehensive Plan, specifically with the Land Use Plan, Agricultural Goal 1 Objective 3 and Economic Development Goal 1 Objective 1.

9.              There will be a short term increase in traffic during construction, but impacts to the road will be addressed through the Township road agreement.

10.              A financial guarantee is required for decommissioning of the site, vegetative cover and screening.

11.              The LESA score of 92.0 is very high, but is based on the land being irrigated; this land is not currently irrigated.

3.              Authorize County Board Chair to Sign Revised Memorandum of Understanding with Paynesville Township giving the County permitting authority on several more Conditional Use Permits including solar and RV Parks

Environmental Services Consent Vote:

RESULT:                            APPROVED [UNANIMOUS]

MOVER:                            Steve Notch, District 5

SECONDER:              Leigh Lenzmeier, District 4

 

Auditor-Treasurer

Presentation by Randy Schreifels, Auditor-Treasurer, re:  consideration of:

1.              Authorize staff to set a public hearing date of September 19, 2017 at a time to be determined by staff for consideration of proposed changes to county fee schedule for the following departments: Assessor, Attorney, Environmental Services, Human Services, IS, Parks and Sheriff.

Presenter: Jim Stegura, Financial Manager;

RESULT:                            APPROVED [UNANIMOUS]

MOVER:                            Joe Perske, District 2

SECONDER:              Steve Notch, District 5

 

Administration

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

1.              Receive 2018 Budget Recommendations

RESULT:                            INFORMATIONAL – NO VOTE

 

Adjournment

Chair Mareck adjourned the County Board Meeting at 11:24 a.m.