Stearns County

              Board of Commissioners

              Stearns County Administration Center

              705 Courthouse Square

              St. Cloud, MN  56303

              320-656-3601

 

              Regular Meeting Minutes

              Tuesday, October 31, 2017

                           

Call to Order

9:00 AM Meeting called to order by DeWayne F. Mareck, Chair, on October 31, 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: Absent, 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, October 10, 2017

2.              Adopt Resolution 17-51 Approving Special Legislation Regarding Appointment of County Recorder and adopt Resolution 17-52 Setting public hearings on proposal to make Stearns County Recorder position appointed effective January 1, 2019 when current office holder's term expires

3.              Approve Premises Permit Application Submitted by Kimball Firemen’s Relief Association for Gambling Activities to be held at Powder Ridge Ski Area Located at 15015 93rd Avenue, Kimball, MN in Maine Prairie Township

4.              Approve Waiver of 30-Day Comment Period for City of Melrose Intention to Create Economic Development Tax Increment Financing District (TIF District).

5.              Authorize Auditor-Treasurer to Assess Benefited Owners for Ditch Costs Related to Judicial Ditch No. 3 and County Ditch No. 25

6.              Approve the agreements regarding the 2018 Health Insurance Reopener between the County of Stearns and AFSCME Human Services and Minnesota Nurses Association, AFSCME Highway, Parks, Maintenance, Teamsters and the Non-Union Group for the period of January 1, 2018 through December 31, 2018.

Consent Vote:

RESULT:                            APPROVED [UNANIMOUS]

MOVER:                            Steve Notch, District 5

SECONDER:              Joe Perske, District 2

 

Items Pulled From Consent Agenda

1.              Authorize staff to enter into contract with Stonebrooke Engineering to complete an American with Disabilities Act (ADA) Transition Plan for County Facilities.

RESULT:                            APPROVED [UNANIMOUS]

MOVER:                            Joe Perske, District 2

SECONDER:              Steve Notch, District 5


2.              Approve Architect Contract with GLTArchitects for Service Center Expansion Project

at a fixed rate contract valued at $495,000.

RESULT:                            APPROVED [UNANIMOUS]

MOVER:                            Steve Notch, District 5

SECONDER:              Joe Perske, District 2

 

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 contract with Avivo (formerly known as Resource, Inc.) for the period January 1, 2018 through December 31, 2018 for the provision of employment services for MFIP-eligible clients at a total expenditure not to exceed $1,467,079

2.              Approve and authorize Board Chair to sign contract with Catholic Charities of the Diocese of St. Cloud for the provision of Semi-Independent Living Services for the period of January 1, 2018 through December 31, 2018 at a rate of $27.73 per hour (no increase).

3.              Approve and authorize Board Chair to sign contract with Robert A. McCulloh for the provision of Semi-Independent Living Services for the period of January 1, 2018 through December 31, 2018 at a rate of $25.66 per hour (no increase).

4.              Approve and authorize Board Chair to sign contract with Catholic Charities of the Diocese of St. Cloud for Community Support Program services for the period January 1, 2018 through December 31, 2018 with total payment for such services not to exceed $211,384.00 at rates for group services of $1,325.00 per month for conducting three separate support groups, and of $14.05 per 15 minutes for individual counseling. (Note-Contract amount and rates are unchanged)

5.              Approve and authorize Board Chair to sign contract with St. Cloud Hospital for holds on emergency admission and judicial order for the period January 1, 2018 through December 31, 2018 at a rate of $1,695.35 per day (5% increase) for usual and customary items attendant to room charges on the hospital's Behavioral Health/Chemical Dependency Unit.

6.              Approve and authorize Board Chair to sign contract with Minnesota Monitoring, Inc. to provide Drug and Alcohol Testing Services for Stearns County Human Services for the period of January 1, 2018 through December 31, 2018 at rates set forth on Attachment B. (Note: Rates unchanged).

7.              Approve and authorize Board Chair to sign contract for Electronic Home Monitoring Services with Midwest Monitoring and Surveillance, Inc. for the period January 1, 2018 through December 31, 2018 at rates set forth in Attachment B.

8.              Approve and authorize Board Chair to sign contract with Community and Family Services, LLC to provide family group decision making services for the period January 1, 2018 through December 31, 2018 at the rate of $59.72 per hour for coordination services and $98.11 per hour for co-facilitation of meetings. (Note: 2.5% rate increase.)

9.              Approve and authorize Board Chair to sign agreement with NorthWoods Fraud Investigations, Inc. for Fraud Prevention and Fraud Control services for the period January 1, 2018 through December 31, 2018 for an amount not to exceed $100,000.


10.              For Informational Purposes Only Human Services September Claims Paid in Amount of $105,230.82

Human Services Consent Vote:

RESULT:                            APPROVED [UNANIMOUS]

MOVER:                            Joe Perske, District 2

SECONDER:              Jeff Mergen, District 3

 

Human Services Board Regular Items

Presentation by Melissa Huberty, Human Services Administrator, re: consideration of:

1.              Receive Information Regarding Governor’s Proclamation of County Financial Worker and Case Aide Day on November 1, 2017 in recognition of their dedication to providing outstanding service to the people of Minnesota through their administration of public assistance programs.

RESULT:                            INFORMATIONAL – NO VOTE

 

Close Human Services Board

 

Reconvene Regular Meeting

Reconvene Regular County Board Meeting

 

Public Works

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

1.              Approve and Authorize Final Payment on CP 194-013-006; County Road 194 Realignment

RESULT:                            APPROVED [UNANIMOUS]

MOVER:                            Steve Notch, District 5

SECONDER:              Jeff Mergen, District 3

 

2.              Adopt Resolution 17-53 approving MnDOT Agency Agreement No. 1029591 related to Federal Fund Exchange with Wadena County

 

RESOLUTION 17-53

 

BE IT RESOLVED, that pursuant to Minnesota Stat. Sec 161.36, the Commissioner of Transportation be appointed as Agent of the Stearns County to accept as its agent, federal aid funds which may be made available for eligible transportation related projects.

 

BE IT FURTHER RESOLVED, the Board Chair and the Auditor-Treasurer are hereby authorized and directed for and on behalf of the County to execute and enter into an agreement with the Commissioner of Transportation prescribing the terms and conditions of said federal aid participation as set forth and contained in “Minnesota Department of Transportation Agency Agreement No. 1029591”, a copy of which said agreement was before the County Board and which is made a part hereof by reference.

RESULT:                            APPROVED [UNANIMOUS]

MOVER:                            Jeff Mergen, District 3

SECONDER:              Joe Perske, District 2


3.              Adopt Resolution 17-54 to Approve Brockway Township's Local Road Improvement Program (LRIP) Application for Town Line Road (75th Avenue) Improvements

 

RESOLUTION 17-54

RESOLUTION OF SUPPORT FROM SPONSORING AGENCY

 

WHEREAS:  Local Road Improvement Program (LRIP) funds are available for local agency projects meeting Routes of Regional Significance or Rural Road Safety criteria; and

 

WHEREAS:  Non-state aid cities and townships must have a county sponsor to apply for LRIP funding; and

 

WHEREAS:  Brockway Township has requested that Stearns County sponsor its application for improvements to 75th Avenue (aka Town Line Road) from 40th Street North to the St. Stephen city limits; and

 

WHEREAS:  Brockway Township understands that it will be responsible for all costs not covered by LRIP funding including all engineering and right of way costs and any construction costs over the funding cap; and

 

WHEREAS: Brockway Township will maintain the road for the lifetime of the improvements.

 

NOW, THEREFORE, BE IT RESOLVED:  that the County of Stearns hereby sponsors Brockway Township’s application for LRIP funding for improvements to 75th Avenue from 40th Street North to the St. Stephen city limits. 

RESULT:                            APPROVED [UNANIMOUS]

MOVER:                            Jeff Mergen, District 3

SECONDER:              Joe Perske, District 2

 

4.              Adopt Resolution 17-55 to Approve the City of St. Stephen's Local Road Improvement Program (LRIP) Application for Town Line Road (6th Avenue) Improvements

 

RESOLUTION 17-55

RESOLUTION OF SUPPORT FROM SPONSORING AGENCY

 

 

WHEREAS:  Local Road Improvement Program (LRIP) funds are available for local agency projects meeting Routes of Regional Significance or Rural Road Safety criteria; and

 

WHEREAS:  Non-state aid cities and townships must have a county sponsor to apply for LRIP funding; and

 

WHEREAS:  The city of St. Stephen has requested that Stearns County sponsor its application for improvements to 6th Avenue (aka Town Line Road) from the south St. Stephen city limits to CSAH 5; and

 

WHEREAS:  The city of St. Stephen understands that it will be responsible for all costs not covered by LRIP funding including all engineering and right of way costs and any construction costs over the funding cap; and

 

WHEREAS: The city of St. Stephen will maintain the road for the lifetime of the improvements.

 

NOW, THEREFORE, BE IT RESOLVED:  that the County of Stearns hereby sponsors the city of St. Stephen’s application for LRIP funding for improvements to 6th Avenue from the south city limits to CSAH 5.

RESULT:                            APPROVED [UNANIMOUS]

MOVER:                            Joe Perske, District 2

SECONDER:              Jeff Mergen, District 3

 

5.              Adopt Resolution 17-56 to Approve LeSauk Township's Local Road Improvement Program (LRIP) Application for Town Line Road (6th Avenue) Improvements

 

RESOLUTION 17-56

RESOLUTION OF SUPPORT FROM SPONSORING AGENCY

 

WHEREAS:  Local Road Improvement Program (LRIP) funds are available for local agency projects meeting Routes of Regional Significance or Rural Road Safety criteria; and

 

WHEREAS:  Non-state aid cities and townships must have a county sponsor to apply for LRIP funding; and

 

WHEREAS:  LeSauk Township has requested that Stearns County sponsor its application for improvements to 30th Avenue (aka Town Line Road) from CSAH 4 to one mile north; and

 

WHEREAS:  LeSauk Township understands that it will be responsible for all costs not covered by LRIP funding including all engineering and right of way costs and any construction costs over the funding cap; and

 

WHEREAS: LeSauk Township will maintain the road for the lifetime of the improvements.

 

NOW, THEREFORE, BE IT RESOLVED:  that the County of Stearns hereby sponsors LeSauk Township’s application for LRIP funding for improvements to 30th Avenue from CSAH 4 to one mile north. 

RESULT:                            APPROVED [UNANIMOUS]

MOVER:                            Joe Perske, District 2

SECONDER:              Steve Notch, District 5

 

6.              Receive Information on Trunk Highway 23 Open House on November 1, 2017 at Sts. Peter and Paul School gymnasium in the City of Richmond from 4:00 - 6:00 p.m.

RESULT:                            INFORMATIONAL – NO VOTE


Auditor-Treasurer

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

1.              Adopt Resolution 17-57 authorizing Auditor-Treasurer to submit grant application for purchase of Election Equipment and approve Finance Plan for cities and townships

 

RESOLUTION 17-57

APPROVING STEARNS COUNTY’S APPLICATION FOR FUNDING

FROM THE VOTING EQUIPMENT GRANT

 

WHEREAS, Minnesota counties are responsible for administering elections, which includes the purchase and maintenance of supplies and election equipment, including accessible voting equipment; and

 

WHEREAS, Minnesota last updated much of its voting equipment between 2002 and 2006 meaning that the equipment is rapidly approaching the end of its 10 to 15 year lifespan; and

 

WHEREAS, it’s essential for precincts to have functioning voting equipment so that voters are able to cast their ballot on equipment that is secure, accessible, accurate, and reliable; and

 

WHEREAS, Minnesota’s 90th Legislature authorized $7 million for the Voting Equipment Grant Account to assist counties, cities, towns, and school districts with the purchase of voting equipment; and

 

WHEREAS, Stearns County has insufficient resources to purchase voting equipment without obtaining a grant; and

 

WHEREAS, to receive funding from the Voting Equipment Grant Account, counties must submit an application to the Minnesota Secretary of State before December 15, 2017; now, therefore,

 

BE IT RESOLVED, Stearns County Board of Commissioners approves its application for funding from the Voting Equipment Grant; and

 

BE IT FURTHER RESOLVED, Stearns County certifies that any funds awarded from the Voting Equipment Grant will be used only to purchase assistive voting technology, an electronic roster system, an electronic voting system, any individual component of an electronic voting system, or any other equipment or technology approved by the Secretary of State.

RESULT:                            APPROVED [UNANIMOUS]

MOVER:                            Steve Notch, District 5

SECONDER:              Jeff Mergen, District 3

 

Environmental Services Consent Items

1.              Renew Agreements between Stearns County and Mille Lacs County to Provide Household Hazardous Waste Mobile Collections and Household Hazardous Waste Facility Drop Offs

2.              Renew Agreements between Stearns County and Morrison County to Provide Interim Emergency Environmental Health Services and Advanced Septic Inspection Services

3.              Renew Contract between Stearns County and Pope/Douglas County to Provide Household Hazardous Waste Mobile Collections

4.              Renew Agreements between Stearns County and Sherburne County to Provide Household Hazardous Waste Mobile Collections and Household Hazardous Waste Facility Drop Offs

5.              Approve as recommended by the Stearns County Planning Commission and adopt Planning Commission Findings-of-Fact on a Conditional Use Permit application for a Major Shoreland Alteration submitted by Jerry Konz of JK Landscape and Construction LLC on behalf of Steven and Theresa Anderson of Cold Spring, MN, according to the requirements of Sections 10.2.11 B. (3) (a), 10.2.14 D. and 10.2.14 I. (2) (c) of Stearns County Land Use and Zoning Ordinance #439 to construct a new stairway to the lakeshore and to construct retaining walls more than four feet in cumulative height for ornamental purposes. The property under consideration is located at 16160 County Road #49, Cold Spring, MN 56320 on Tract D, Registered Land Survey No. 3 and all that part of Government Lot One (1), lying North of the Sauk River and east of a line parallel to and 520 feet east of the west line of Section 27, T123N, R30W, subject to existing highways, Wakefield Township.

The following conditions apply:

1.              Silt fence shall be installed downslope of all disturbed areas at the top of the existing riprap prior to earth moving work commencing.

2.              Proposed new stairway cannot exceed 4 feet in width.

3.              All disturbed areas created by the project shall be seeded and covered with DOUBLE SIDED erosion control blanket within 7 days of project commencement.

4.              Project shall be complete and all disturbed areas stabilized with seed and double sided erosion control blanket by November 10, 2017, or otherwise as directed by the Department Director.

The following Findings-of-Fact apply:

1.              The proposal is consistent with Land Use and Zoning Ordinance #439 sections 10.2.11B(3)(a), 10.2.14(D), 10.2.14I(2)(c), 10.2.14F(1), (4-12)

2.              An erosion control permit from the Sauk River Watershed District is needed and the project must comply with 4 conditions.

3.              The proposal is compatible with present and future land uses in the area.

4.              The 4 conditions placed on the permit will address potential environmental impacts.

5.              The proposal should not impact property values of the area.

6.              The proposal should not impact the general health, safety and welfare of the residents.

7.              The proposal conforms to the County’s Comprehensive Plan, including:

Land Use Plan Goals and Objectives

Natural Resources Protection

Goal 7. Identify and preserve important natural systems and sensitive natural resources.

Objective 1. Evaluate land use changes based on how they respond to existing natural systems and their potential impacts on natural resources.

Objective 2. Develop and employ land use regulations and other techniques for natural resource protection, including transfer of development rights or density, best management practices, and public acquisition.

Objective 3. Recognize the relationship between land use and water quality, and continue to support water quality improvements through land use plans and regulations.

Goal 5. Support the goals of the County Water Plan.

Objective 2. Minimize impacts to water quality from development through use of low impact development techniques, improved management of buffers and natural resources in shoreland areas, and improve stormwater management in existing developed areas.

Objective 3. Continue to identify impaired waters in the County and work to implement best management practices for restoring surface waters to non-impaired status.

8.              Submittal of financial assurance to guarantee reclamation or cleanup is not applicable to this project.

9.              No other issues are pertinent to this matter.

 

6.              Approve as recommended by the Stearns County Planning Commission and adopt the Findings-of-Fact on a request for a conditional use permit for expansion in shoreland submitted by Tom and Sandra Herdering, of Freeport MN, according to the requirements of section 4.4, 4.8, 4.14, 6.7 and 9.3 of Stearns County Land Use and Zoning Ordinance #439 to construct a 100x180 total confinement barn with a 24x24 manure pump house, a 36x40 milk room and a 12x52 alleyway, along with a 54x96 total confinement barn and expand their milking herd from 245 animal units to 290 animal units. The property under consideration is located at 27855 County Road 17, Freeport MN in the NE ¼ of the NE ¼ of T126N R32W Section 15 Millwood Township.

The following conditions apply:

1.              The applicant shall contact the Environmental Services Department within three days of construction completion so a post-construction inspection may be completed.

2.              The applicant shall schedule a pre-construction conference with the Environmental Services Department, design engineer, excavators and contractors at least one week prior to starting construction.

The following Findings-of-Fact apply:

1. The proposal is consistent with the Stearns County Zoning Ordinance # 439.

2. There are no EAW, EIS, NPDES, SDS or other permit required for this facility.

3. The proposal conforms to the Goals 1, 2 and 5 of the County’s Comprehensive Land-use Plan.

4. The site configuration, number and type of animals at this site, and prevailing wind conditions will not impact any of the following areas.

 Traffic

 Public Safety

 Schools, Parks, Churches, and Other Municipal/Residential Areas

 Other Impacts (Please Specify)

5. The proposal will not impact the property values of the area in which the animal feedlot expansion, modification or new construction is proposed.

6. All recommendations from the Feedlot Review Committee and Feedlot Division Staff have been reviewed.

7. There are no other issues pertinent to this matter.

Environmental Services Consent Vote:

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.              Approve and authorize Board Chair to sign the 2018-2019 Natural Resources Block Grant Agreement providing partial State funding for the following Environmental Services Department programs: Local Water Management, Wetland Conservation Act and Shoreland; funding in 2018 for Subsurface Sewage Treatment Systems program (SSSTS) and Local


Water Management which is required in order to receive other NRBG program funds.

Presenter: Becky Schlorf, Agriculture/Water Resources Division Supervisor;

RESULT:                            APPROVED [UNANIMOUS]

MOVER:                            Joe Perske, District 2

SECONDER:              Steve Notch, District 5

 

2.              Approve as recommended by the Stearns County Planning Commission a request for a conditional use permit submitted by D.H. Blattner and Sons Inc. of Avon, MN according to Sections 4.8 and 9.10.5R of Stearns County Land Use and Zoning Ordinance #439 to construct a new building to be used for warehousing, truck dock, mechanic and weld shop and office space, along with outdoor storage in the Commercial zoning district.  Approval of CUP is based on resolution of the access issue by purchase of additional property to expand current access, easement agreement or a court order, and if not resolved, the access will remain as single lane.   The Findings-of-Fact were also adopted.  The property under consideration is located at 16767 County Road 9, Avon, MN 56310 on 51.80 acres of Government Lot 2 in Section 34, Avon Township (125/30).

 

The following conditions apply:

1.              The state accessibility code is required to be met.

a)              Prior to issuing a construction site permit for the project, confirmation from a licensed building official is required, stating that the building plans meet the accessibility code.

b)              After the new construction is complete, an accessibility certification form must be completed by a licensed building official.

2.              An approved erosion control and stormwater management plan is required, in accordance with Sections 7.10 and 7.25 of County Land Use and Zoning Ordinance #439.

3.              Construction of the stormwater facilities and erosion control shall be in conformance with the plans approved as part of this permit.  The construction shall also meet the conditions of said approvals as set forth by Stearns County.

a)              Prior to issuance of the construction site permit, an irrevocable letter of credit, cash escrow or bond is required for 125% of site grading and erosion/sediment control costs necessary to ensure the satisfactory installation, completion and maintenance of the measures as required in the storm water management plan.

b)              The construction of the stormwater facilities is required to be inspected and approved by an engineer as being in conformance with the approved plan and conditions prior to the release of the letter of credit, cash escrow or bond.

c)              The long term operation, maintenance and clean-out schedule of the stormwater system, to assure the continued effective removal of sediment carried in storm water runoff, shall be the responsibility of the property owner.

4.              The wetland credit purchase shall comply with state and federal standards.

5.              Vegetation shall be maintained on the east, west and south property lines to adequately screen the building and outdoor storage from adjacent properties. In the locations that will be graded, vegetation shall be replanted within 90 days of the final grading.

6.              Lighting shall be installed so as to deflect light away from any adjoining property.

7.              The property line encroachment along the driveway shall be resolved.

 

The following Findings of Fact apply:

1.              The proposal is consistent with Land Use and Zoning Ordinance #439, specifically with Sections 4.8 and 9.10.5R.

2.              There are seven (7) conditions that the proposal must meet.

3.              The proposal is compatible with present and future land uses in the area.  This use has been in existence on the property.  There is adequate screening to buffer the use from adjacent land uses.  Any existing screening that’s removed will be replaced.

4.              There is an erosion control and stormwater management plan in place to address environmental impacts.

5.              The proposal may increase property values in the area.

6.              There will be no change to public health or safety.  Traffic generation may be improved by reducing the traffic on County Road 9 and County Road 50, between Blattner’s properties. 

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

8.              The proposal conforms to the County’s Comprehensive Plan, specifically with the following:

Land Use Plan Goals and Objectives

Natural Resources Protection

Goal 7. Identify and preserve important natural systems and sensitive natural resources.

Objective 1. Evaluate land use changes based on how they respond to existing natural systems and their potential impacts on natural resources.

Economic Development Plan Goals and Objectives

Goal 1. Maintain and strengthen economic diversity.

Objective 2. Encourage industrial development within existing communities, including redevelopment of existing sites and filling of industrial and business parks.

9.              The proposal will have no impact on existing public services and facilities.

10.              The applicant has provided a bond to ensure compliance with the erosion control and stormwater management plans.

Presenter: Angie Berg, Land Use Division Supervisor;

RESULT:                            APPROVED [UNANIMOUS]

MOVER:                            Steve Notch, District 5

SECONDER:                            Jeff Mergen, District 3

 

3.              Motion was made to concur with the Stearns County Planning Commission and deny a rezoning request submitted by Joan Nystrom, Kimball MN to rezone approximately 16.82 acres from the Agricultural 80 zoning district to the Residential 5 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 NE1/4, lying north of Powder Ridge Rd and east of Drumlin Rd in Section 34 of Maine Prairie Township (122/29). Property address is 9802 Powder Ridge Rd, Kimball MN.

   

The following Findings-of-Fact apply:

1.              The proposal is not consistent with the following goals and objectives from the County’s Comprehensive Plan:

Land Use Plan Goals and Objectives

Agriculture

Goal 1. Sustain agriculture as a desirable land use for the long term.

Objective 2. Preserve highly valued farmland for agricultural pursuits.

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 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.

2.              The proposed rezoning is not compatible with present land uses in the area and the LESA score was 76.45, which is above the threshold (65) for non-agricultural conversion of land.  The proposed rezoning may be compatible with future land uses in the area, as there are a number of residential lots in the vicinity, but we don’t know for sure what the future will be for this area.

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

4.              There will be no impact on property values in the area as a result of the proposal.

5.              There will be no impact on the public health, safety or traffic generation in the area.

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

7.              This is considered spot zoning, as the property is surrounded by the Agricultural 80 district.

Presenter: Angie Berg, Land Use Division Supervisor;

RESULT:              APPROVED [3 TO 1]

MOVER:              Joe Perske, District 2

SECONDER:              Steve Notch, District 5

AYES:              DeWayne Mareck, Joe Perske, Steve Notch

NAYS:              Jeff Mergen

 

4.              Approve as recommended by the Stearns County Planning Commission a rezoning request submitted by John Peternell, Albany MN to rezone approximately 12.47 acres from the Residential 1 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 Outlot A and all of Outlot B Peternell’s Pioneer Acres plat, lying northwest of County Road 10 in Section 15 of Albany Township (125/31). Property address is 35747 County Rd 10, Albany.

 

The following conditions apply:

1. The applicant shall contact the Environmental Services Department within three days of construction completion so a post-construction inspection may be completed.

2. The applicant shall schedule a pre-construction conference with the Environmental Services Department, design engineer, excavators and contractors at least one week prior to starting construction.

 

The following Findings-of-Fact apply:

1.              The proposal is consistent with the following goals and objectives from the County’s Comprehensive Plan:

Land Use Plan Goals and Objectives

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 3. Respect and preserve architectural, archeological, and cultural history.

Economic Development Plan Goals and Objectives

Goal 1. Maintain and strengthen economic diversity.

Objective 3. Acknowledge tourism’s economic value and the prospective contribution of this industry to both the diversity of the County economic base and the potential for growth.

2.              The proposed rezoning is compatible with present and future land uses in the area.  Although there is residential on some sides of this property, it is also contiguous to an existing commercial property to the north.

3.              Environmental impacts will be addressed through the permitting process, it any construction occurs.

4.              There will be no impact on property values in the area as a result of the proposal.

5.              There will be a minimal impact on the public health and safety.  There will be an increase in traffic, but it’s for a short time period during the Pioneer Days event.

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

7.              If any new large gatherings are proposed (besides Pioneer Days), there will be a public hearing for the large gathering permit.

 

ORDINANCE NUMBER 562

 

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 Albany Township is hereby rezoned from the Residential 1 zoning district to the Commercial 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:                            Steve Notch, District 5

SECONDER:              Jeff Mergen, District 3

 

Adjournment

Chair Mareck adjourned the County Board Meeting at 10:36 a.m.