Stearns County

              Board of Commissioners

              Stearns County Administration Center

              705 Courthouse Square

              St. Cloud, MN  56303

              320-656-3601

 

              Regular Meeting Minutes

              Tuesday, December 19, 2017

                           

Call to Order

9:00 AM Meeting called to order by DeWayne F. Mareck, Chair, on December 19, 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, Minutes Administrator Roxanne Gerads: Present.

 

 

Consent Agenda

1.              Approve minutes of Tuesday, December 12, 2017

2.              Authorize County Auditor-Treasurer to Approve Draft Minutes for Publication, New or Renewal 3.2 Percent Malt Liquor Licenses, Premise Permit Applications, and Applications to Conduct Excluded Bingo; and Authorize County Auditor-Treasurer and County Administrator to Approve Budget Adjustments During County Board Recess from December 20, 2017 to January 8, 2018

3.              Approve Stearns County Purchasing Policy

4.              Approve Personnel Policy 44 - Employee Vending Machine Operation Program and Personnel Policies 18.3 and 18.4 - Exit/Retirement from County Service

5.              Approve Request to Purchase Service Center Sign Using $39,500 in Contingency Funds

6.              Approve Appointment of Dale Homuth to Clearwater River Watershed Board of Managers for Three-Year Term Ending August 13, 2020

7.              Adopt Resolution 17-72 Authorizing Board Chair, Auditor-Treasurer and Sheriff to Sign Snowmobile Safety Enforcement Grant for November 15, 2017 through June 30, 2019

8.              Authorize January 23, 2018 Public Hearing to Adopt Alarm Systems Ordinance

Consent Vote

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Steve Notch, District 5

SECONDER:              Joe Perske, District 2

 

Item pulled for Discussion

              The Resolution of Support to locate Veterans Treatment Court in Stearns County was pulled for discussion at a future board meeting.

 

 

 

 

 

 

 

 

Stearns County Housing and Redevelopment Authority

1.              Receive Stearns County Housing and Redevelopment Authority Organizational Assessment and Strategic Planning Report. Direct the County Administrator to explore other service delivery/operational models for the Stearns County Housing and Redevelopment Authority and bring back to the board for further discussion.

Presenter: External --  Bruce Miles, Big River Group, LLC, Owner and CEO; Matt Laubach and John Greer, Stearns County HRA Board Officers

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Leigh Lenzmeier, District 4

SECONDER:              Jeff Mergen, District 3

 

Auditor-Treasurer

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

1.              Approve Contract Between Stearns County Housing and Redevelopment Authority and Stearns County to Provide Payroll Services for 2018 and 2019

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Steve Notch, District 5

SECONDER:              Leigh Lenzmeier, District 4

 

Attorney

Presentation by Janelle Kendall, County Attorney, re:  consideration of:

1.              Accept The Sex Trafficking Investigation Task Force (STITF) Grant agreement in the amount of $313,000 to fund to fund two full-time law enforcement positions plus one crime analyst position dedicated to sex trafficking investigations and prosecutions for a two year period beginning January 1, 2018.

Presenter: Don Gudmundson, County Sheriff;  David Bentrud, Waite Park Police Chief; Jeff Oxton, Assistant St. Cloud Police Chief

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Leigh Lenzmeier, District 4

SECONDER:              Jeff Mergen, District 3

 

2.              Approve request for county funding to fund the Crime Analyst position.

The grant request was for $500,000, the amount awarded was $313,000, with the increased attention this topic has received from the media and the public in general, and county funding is requested for the Crime Analyst position. This position will be funded from staff changes and savings, existing budgeted dollars can be shifted to cover this expenditure.

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 the Board Chair to sign a contract for purchase of service with Partners in Community Supports, Inc. for purchase of in-home respite services for clients not eligible for waiver-funded services effective January 1, 2018 through December 31, 2018 at the rate of $3.94 per 15 minutes.

 

2.              Accept and authorize the Board Chair to sign a grant award in the amount of $56,629 by the Minnesota Department of Human Services for Child Welfare/Juvenile Justice Mental Health Screening, effective for the term January 1, 2018 through December 31, 2018 for children’s mental health screening services.

3.              Accept and authorize the Board Chair and Vice Chair to sign the amendment of grant award from Minnesota Department of Health and approve amendment of grant agreement for Minnesota Immunization Information Connection services for the period January 1, 2016 through December 31, 2021, by addition of funding for calendar year 2018 in the amount of $85,556, and extension of the term of the grant agreement to December 31, 2021.

4.              Approve and authorize Board Chair and County Auditor-Treasurer to sign a resolution 17-73 authorizing execution of a grant contract with the Minnesota Department of Human Services for the funding and operation of the Child and Teen Checkups Program, effective January 1, 2018 to December 31, 2020, with reimbursement payable by the Minnesota Department of Human Services in the calendar year of 2018 in the amount of $513,888.

5.              Authorize Board Chair Signature of Letter of Support for Central Minnesota Mental Health Center Request for Proposal

6.              Authorize Board Chair Signature of Letter of Support for CommUNITY Adult Mental Health Initiative

Consent Vote

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Steve Notch, District 5

SECONDER:              Joe Perske, District 2

 

Human Services Board Regular Items

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

1.      Receive Information on Collaborative Efforts in Stearns County to Improve Service to Clients with Mental Health Issues

RESULT:              INFORMATIONAL NO VOTE

 

Close Human Services Board

 

Reconvene Regular Meeting

Reconvene Regular County Board Meeting

 

Public Hearing

1.              Conduct Public Hearing to Consider Intent to Issue Capital Improvement Bonds. Chair Mareck opened the public hearing. After hearing not public testimony, motion was made to adopt Resolution 17-74 confirming intent to issue bonds pursuant to Capital Improvement Plan.

 

RESOLUTION NO 17- 74

RESOLUTION CONFIRMING INTENT TO ISSUE BONDS PURSUANT TO

CAPITAL IMPROVEMENT PLAN

 

WHEREAS: this Board, by resolution adopted November 28, 2017, has approved a Capital Improvement Plan (2017-2021) (the “Plan”) for the County, prepared in accordance with Minnesota Statutes, Section 373.40, Subd. 3; and

WHEREAS: the Plan contemplates the issuance of up to $19,639,000 general obligation capital improvement plan bonds (the “Bonds”) in one or more series to finance the various improvements described in the Plan, including facilities improvements, park land acquisitions and improvements and road projects; and

 

WHEREAS: a public hearing was duly called and held on the Board’s intent to issue the Bonds pursuant to the requirements of Minnesota Statutes, Section 373.40.

 

NOW, THEREFORE, BE IT RESOLVED: that the Board’s intent to issue the Bonds pursuant to the Plan is hereby confirmed.

 

BE IT FURTHER RESOLVED:  that if a petition requesting a vote on the issuance of the Bonds is signed by voters equal to five percent of the votes cast in the County at the last County general election and filed with the County Auditor within thirty (30) days after the public hearing, the County may issue the Bonds only after obtaining the approval of a majority of the voters voting on the question of issuing the Bonds.

Adopted by the Stearns County Board of Commissioners this 19th day of December, 2017.

Presenter: Randy Schreifels, Auditor-Treasurer; Jim Stegura Financial Manager

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Leigh Lenzmeier, District 4

SECONDER:              Steve Notch, District 5

 

Public Works

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

1.              Adopt Resolutions for Local Match for Federal Projects; 17-75 CSAH 72 from Sinclair Lewis Avenue to the North County Line, 17-76 CSAH 75 Concrete Rehab and ADA Upgrades, and 17-77 County Road 134 Resurfacing from the Sauk River to CSAH 120

 

RESOLUTION 17-75

CERTIFYING AVAILABILITY OF LOCAL MATCH AND OTHER LOCAL COSTS FOR FY 2022 FEDERAL TRANSPORTATION PROJECT

SUBMITTAL TO REGION 7W

 

CSAH 72 from Sinclair Lewis Avenue to the North County Line

 

WHEREAS: federal formula funding has been apportioned by the United States Congress to Minnesota for State and local transportation needs; and

 

WHEREAS: the Minnesota Department of Transportation (Mn/DOT) has distributed these federal funds to eight (8) Area Transportation Partnerships (ATPs) within Minnesota; and

 

WHEREAS: Stearns County has recognized the need to resurface CSAH 72 from Sinclair Lewis Avenue to the north county line by including this project in its currently held valid Capital Improvement Program, and intends to submit this project to Region 7W as a candidate for FY 2022 federal funding; and

 

WHEREAS: federal transportation projects can compete through Region 7W’s funding process for up to eighty (80) percent of eligible federal costs; and

 

WHEREAS: local jurisdictions submitting projects must guarantee that twenty (20) percent local matching funds, at a minimum, will be available for eligible federal costs; and

 

WHEREAS: it is recognized that in order to leverage more federal transportation projects, and fully utilize the  annual allocation of federal funding, it may be necessary that a local match in excess of this twenty (20) percent minimum be guaranteed.

 

NOW, THEREFORE, BE IT RESOLVED: that Stearns County guarantees that twenty (20) percent local matching funds, at a minimum, will be available for eligible federal costs for resurfacing CSAH 72 from Sinclair Lewis Avenue to the north county line.

 

BE IT FURTHER RESOLVED: that the Stearns County also guarantees the availability of local funding for all federally non-eligible costs of this project.

 

RESOLUTION 17-76

CERTIFYING AVAILABILITY OF LOCAL MATCH AND OTHER LOCAL COSTS FOR FY 2022 & 2023 FEDERAL TRANSPORTATION PROJECT

SUBMITTAL TO THE ST. CLOUD AREA PLANNING ORGANIZATION

 

CSAH 75 Concrete Rehab and ADA Upgrades

 

WHEREAS: federal formula funding authorized within the Moving Ahead for Progress in the 21st Century (MAP-21) has been apportioned by the United States Congress to Minnesota for State and local transportation needs; and

 

WHEREAS: the Minnesota Department of Transportation (Mn/DOT) has distributed these federal funds to eight (8) Area Transportation Partnerships (ATPs) within Minnesota; and

 

WHEREAS: the District 3 ATP receives 10.2 percent of this federal formula funding, which is distributed 75 percent to Mn/DOT District 3 and 25 percent to local units of government within District 3; and

 

WHEREAS: the St. Cloud Area Planning Organization (APO) receives 20.53% of the District 3 ATP local government share for annual programming within the APO Planning Area; and

 

WHEREAS: Stearns County has recognized the need to rehabilitate the concrete surface and upgrade pedestrian facilities along CSAH 75 from 15th Avenue in Waite Park to Park Avenue in St. Cloud by including this project in its currently held valid Capital Improvement Program, and intends to submit this project to the APO as a candidate for FY 2022 & 2023 federal funding; and

 

WHEREAS: federal transportation projects can compete through the APO’s funding process for up to eighty (80) percent of eligible federal costs; and

 

WHEREAS: local jurisdictions submitting projects to the APO must guarantee that twenty (20) percent local matching funds, at a minimum, will be available for eligible federal costs; and

 

WHEREAS: it is recognized that in order to leverage more federal transportation projects, and fully utilize the APO’s annual allocation of federal funding, the APO Board may request that a local match in excess of this twenty (20) percent minimum be guaranteed.

 

NOW, THEREFORE, BE IT RESOLVED: that Stearns County guarantees that twenty (20) percent local matching funds, at a minimum, will be available for eligible federal costs for concrete rehabilitation and ADA upgrades along CSAH 75 from 15th Avenue in Waite Park to Park Avenue in St. Cloud.

 

BE IT FURTHER RESOLVED: that the Stearns County also guarantees the availability of local funding for all federally non-eligible costs of this project.  

 

RESOLUTION 17-77

CERTIFYING AVAILABILITY OF LOCAL MATCH AND OTHER LOCAL COSTS FOR FY 2022 & 2023 FEDERAL TRANSPORTATION PROJECT

SUBMITTAL TO THE ST. CLOUD AREA PLANNING ORGANIZATION

 

County Road 134 Resurfacing from the Sauk River to CSAH 120

 

WHEREAS: federal formula funding authorized within the Moving Ahead for Progress in the 21st Century (MAP-21) has been apportioned by the United States Congress to Minnesota for State and local transportation needs; and

 

WHEREAS: the Minnesota Department of Transportation (Mn/DOT) has distributed these federal funds to eight (8) Area Transportation Partnerships (ATPs) within Minnesota; and

 

WHEREAS: the District 3 ATP receives 10.2 percent of this federal formula funding, which is distributed 75 percent to Mn/DOT District 3 and 25 percent to local units of government within District 3; and

 

WHEREAS: the St. Cloud Area Planning Organization (APO) receives 20.53% of the District 3 ATP local government share for annual programming within the APO Planning Area; and

 

WHEREAS: Stearns County has recognized the need to resurface County Road 134 from the Sauk River to CSAH 120 by including this project in its currently held valid Capital Improvement Program, and intends to submit this project to the APO as a candidate for FY 2022 & 2023 federal funding; and

 

WHEREAS: federal transportation projects can compete through the APO’s funding process for up to eighty (80) percent of eligible federal costs; and

 

WHEREAS: local jurisdictions submitting projects to the APO must guarantee that twenty (20) percent local matching funds, at a minimum, will be available for eligible federal costs; and

 

WHEREAS: it is recognized that in order to leverage more federal transportation projects, and fully utilize the APO’s annual allocation of federal funding, the APO Board may request that a local match in excess of this twenty (20) percent minimum be guaranteed.

 

NOW, THEREFORE, BE IT RESOLVED: that Stearns County guarantees that twenty (20) percent local matching funds, at a minimum, will be available for eligible federal costs for resurfacing County Road 134 from the Sauk River to CSAH 120.

 

BE IT FURTHER RESOLVED: that the Stearns County also guarantees the availability of local funding for all federally non-eligible costs of this project. 

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Joe Perske, District 2

SECONDER: Jeff Mergen, District 3

 

 

 

2.      Adopt resolution 17-78 establishing a 30 mph school speed zone along CSAH 85 from 1350 feet south of Veterans Drive to Main Street.

 

              RESOLUTION 17-78

 

WHEREAS: Minnesota Statute 169.14 allows local road authorities to establish school speed zones on roads under their jurisdiction upon completion of an engineering and traffic investigation; and

 

WHEREAS: It has been determined that a 30 mph school speed zone is appropriate along CSAH 85 in Paynesville from 1,350 feet south of Veterans Drive to Main Street.

 

NOW, THEREFORE, BE IT RESOLVED: that a 30 mph school speed zone be established along CSAH 85 in the city of Paynesville from 1,350 feet south of Veterans Drive to Main Street.

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Steve Notch, District 5

SECONDER:              Jeff Mergen, District 3

 

3.              Approve a bid opening for SAP 073-665-021, County Road 75 east of Melrose on January 26, 2018.

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Steve Notch, District 5

SECONDER:              Joe Perske, District 2

 

 

 

 

 

 

 

Environmental Services Consent Items

1.              Approve 2018 Solid Waste Haulers' Licenses. This is the list of solid waste haulers that wish to renew their licenses for 2018. Recommend the Board approve the following list of Solid Waste Haulers Licenses for 2018: Ace Solid Waste, Advanced Disposal, Jim’s Mille Lacs Disposal, JME of Monticello, Junkman Services, Opatz Metals, Tom Kreamer, Veit Container, LaPage & Sons, Reliable Rolloff, City of St. Cloud, and Tom's Refuse.

Consent Vote

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Steve Notch, District 5

SECONDER:              Joe Perske, District 2

 

 

Environmental Services

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

1.              Receive Update on Rezoning Application Submitted by Dorn and Tina Fischer, St. Joseph, MN and Ordinance No. 565, Action was taken to postpone action until a future meeting at the request of the applicant

Presenter: Angie Berg, Land Use Division Supervisor;

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Joe Perske, District 2

SECONDER:              Jeff Mergen, District 3

 

2.              Approve a plat entitled “Rose’s Siesta” consisting of six (6) residential lots submitted by Rose Schelonka, St. Joseph MN according to Stearns County Subdivision Ordinance #230 and Land Use and Zoning Ordinance #439. The 59.03 acre plat is located in part of the SE1/4, Section 23 of St. Wendel Township (125/29), lying easterly of County Road 2. The property address is 34316 County Rd 2, St. Joseph MN.

The County Planning Commission approved the following conditions:

. 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.

. 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. 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 Rose’s Siesta. 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.

c. Grading and construction activities within the plat of Rose’s Siesta shall be in accordance with the SWPPP erosion control and storm water management plan approved as part of the plat and attached as Exhibit A.

1. Disturbed areas shall be seeded per the seeding plan shown on page 4 of Exhibit A.

2. Prior to issuing a construction site permit for each lot, a plan shall be submitted showing the area to be disturbed, including acreage calculations. Based on the amount and location of the disturbed area, the required amount and type of seed and silt fence can be calculated. A rock construction entrance is also required. A culvert is required on Lot 5 at the location of the incidental ditch crossing.

3. Prior to issuing a construction site permit for each lot, a letter of credit, cash escrow or bond is required for 125% of the erosion control and seeding costs necessary to ensure the satisfactory implementation of the erosion control and stormwater management plan.

4. The installation of the culvert on Lot 5 shall be inspected and approved by an engineer as being in conformance with the approved plan prior to the release of the letter of credit, cash escrow or bond.

5. Prior to releasing the letter of credit, cash escrow or bond for all lots within the plat, vegetation coverage shall be 70% or greater. Staff shall inspect the site to ensure compliance.

d. The deminimus exemption for draining and filling wetlands may be used for the driveway on Lot 1 in accordance with the Wetland Conservation Act and shall be approved by Environmental Services.

e. Based on soil borings, the bottom floor elevation for residential dwellings constructed within the plat of Rose’s Siesta shall be restricted to 1 foot above ground water tables or redoximorphic features or as an alternative, the installation of an engineered groundwater drainage system that adheres to a plan developed by an engineer licensed in the State of Minnesota or an equivalent will be allowed as approved by the Director.

f. The residential dwelling located on Lot 2 is non-conforming and shall only be replaced in accordance with Land Use and Zoning Ordinance #439.

g. The plat of Rose’s Siesta 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.

h. According to the Stearns County Geologic Atlas, Lot 5 contains high groundwater sensitivity features.

. A Highway Certificate is required to be recorded with the comments from the County Highway Department.

. A Water Supply Verification is required to be recorded with the final plat.

. An ingress/egress easement is required for access to Lots 1 and 2.

. An ingress/egress easement is required for access to Lots 4 and 5.

. A consent to plat for both mortgages on the property is required.

. An easement is required on Lot 4 for the placement and maintenance of the culvert under the driveway for Lot 5. This shall be submitted with the final plat.

Presenter: Angie Berg, Land Use Division Supervisor;

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Joe Perske, District 2

SECONDER:              Jeff Mergen, District 3

 

 

 

 

 

3.              Approve and authorize the Board Chair to sign a one year contract with a possible extension for Enforcement of Requirements for Persons with Disabilities

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Steve Notch, District 5

SECONDER:              Joe Perske, District 2

 

Administration

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

1.              Adopt Resolution Establishing 2018 Commissioners' Salaries. Motion was made to set the 2018 commissioners' salary at $38,000.

RESULT:              FAILED [2 TO 3]

MOVER:              Leigh Lenzmeier, District 4

SECONDER:              Steve Notch, District 5

AYES:              DeWayne Mareck, Leigh Lenzmeier

NAYS:              Joe Perske, Jeff Mergen, Steve Notch

 

2.              Motion was made to increase the Commissioners' salaries to $37,750.

RESULT:              FAILED [2 TO 3]

MOVER:              Leigh Lenzmeier, District 4

SECONDER:              DeWayne Mareck, District 1

AYES:              DeWayne Mareck, Leigh Lenzmeier

NAYS:              Joe Perske, Jeff Mergen, Steve Notch

 

3.              Motion was made to adopt Resolutions 17-79 approving commissioners’ salaries of $36,565 the same rate as 2017.

 

Resolution 17-79

 

WHEREAS, Minn. Stat. § 375.055 Subd. 1 requires the County Commissioners in all counties to fix the amount of compensation for services rendered by them for their respective counties in the form of annual salaries, per diem  payments, and reimbursement for necessary expenses in performing the duties of the office, by resolution of the county board, and

 

WHEREAS, the Stearns County Board of Commissioners has determined that $36,565 is a reasonable annual salary for each Stearns County Commissioner, and

 

WHEREAS, the Stearns County Board of Commissioners has determined that its members should receive reimbursement in accordance with Stearns County personnel policies for necessary expenses in performing the duties of the office.

 

NOW, THEREFORE, BE IT HEREBY RESOLVED by the Stearns County Board of Commissioners:

 

1.      That commencing January 1, 2018, the annual salary of each Stearns County Commissioner shall be $36,565.

 

2.      That each member of the Stearns County Board of Commissioners shall receive reimbursement for necessary expenses in performing the duties of the office in accordance with  Stearns County personnel policies and for actual and necessary traveling expenses in accordance with Minn. Stat. §471.665, Subd. 1 for travel incurred in attending meetings of the Stearns County Board of Commissioners.

             

3.      That each member of the Stearns County Board of Commissioners necessarily occupied in the discharge of               their official duties while acting on any committee under the direction of the Stearns County Board of               Commissioners shall be allowed and paid their actual and necessary traveling expenses in accordance with Minn.               Stat. §471.665, Subd. 1 for travel incurred in the discharge of such committee work.

             

              4. That the Chair of the Stearns County Board of Commissioners shall receive mileage reimbursement in               accordance with Minn. Stat. § 471.665, Subd. 1 for going to the County seat to sign warrants during recess of               the County Board.

             

              5. That mileage reimbursement shall be at the rate allowed as a business expense deduction for Federal Income               Tax purposes ($.54.5 cents per mile).

RESULT:              ADOPTED [3 TO 2]

MOVER:              Jeff Mergen, District 3

SECONDER:              Joe Perske, District 2

AYES:              Joe Perske, Jeff Mergen, Steve Notch

NAYS:              DeWayne Mareck, Leigh Lenzmeier

 

Adjournment

Chair Mareck adjourned the meeting at 10:48 a.m.