Stearns County

              Board of Commissioners

              Stearns County Administration Center

              705 Courthouse Square

              St. Cloud, MN  56303

              320-656-3601

 

              Regular Meeting Minutes

              Tuesday, September 24, 2019

                           

 

Call to Order

9:00 AM Call to order by Joseph E. Perske, Chair, on September 24, 2019 at Administration Center, County Administration Center, St. Cloud, MN.

 

Roll Call

District 1  Tarryl Clark: 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, Senior Office Specialist Tammy Moulzolf: Present.

 

Approve Agenda

1.              Approve Agenda

RESULT:                            APPROVED [UNANIMOUS]

MOVER:                            Leigh Lenzmeier

SECONDER:              Steve Notch

 

Consent Agenda

1.              Approve minutes of Tuesday, September 10, 2019

2.              Approve One-Day Application and License to Sell On-Sale 3.2 Percent Malt Liquor Submitted by Our Lady of Mount Carmel Parish Minnesota for Their October 25, 2019 Event to be Held on Their Parish Grounds Located at 42942 125th Avenue, Holdingford, MN, in Brockway Township

3.              For Informational Purposes Only Claims Paid for August 31, 2019 through September 13, 2019 in Amount of $3,149,617.91, Excluding Investment Purchases

4.              Approve Resolution 19-57 Relating to Off Highway Vehicle Enforcement Programs for the period July 1, 2019 through June 30, 2021

5.              Approve Resolution 19-58 and authorize Board Chair signature on Veterans Services Office 2020 Operational Enhancement Grant Agreement for the 2020 state fiscal year allowing for advertisements, office equipment and other outreach expenses

6.              Authorize Stearns Intra-County Mutual Aid Agreement allowing for sharing of all resources identified in the Emergency Operations Plan to support communities and the County following disasters.

7.              Authorize Emergency Management Performance Grant (EMPG) Agreement with the Minnesota Department of Public Safety for purchase of photo ID equipment to be used at the St. Cloud Regional Airport

8.              Authorize Radiological Emergency Preparedness Grant

to provide and maintain local emergency response readiness capabilities for the period of July 1, 2019 through June 30, 2021

9.              Authorize 2019 Harzardous Materials Emergency Preparedness Grant so Stearns County can continue to provide and maintain local emergency response readiness for the St. Cloud Radiological Reception Center for the period July 1, 2019 through June 30, 2021

Consent Agenda Vote:

RESULT:                            APPROVED [UNANIMOUS]

MOVER:                            Tarryl Clark

SECONDER:              Jeff Mergen

Recess Regular Meeting

Recess Regular County Board Meeting to Conduct Human Services Board Meeting

 

Human Services Board Consent Items

1.              Approve County of Stearns Tobacco License for Shady's Silver Spur, St. Martin MN, for the period September 24, 2019 through June 30, 2020

2.              For Informational Purposes Only Human Services Claims Paid for Weeks Ending September 6, 2019 through September 13, 2019 in Amount of $44,512.83

RESULT:                            APPROVED [UNANIMOUS]

MOVER:                            Leigh Lenzmeier

SECONDER:              Steve Notch

 

Close Human Services Board

 

Reconvene Regular Meeting

Reconvene Regular County Board Meeting

 

Public Hearing

              A public hearing was held for consideration of the Issuance and Sale of Educational Facility Revenue Notes (Cathedral High School Project), Series 2019.  Randy Schreifels, Stearns County Auditor-Treasurer, gave a brief overview.  Chair Perske opened the public hearing.  Father Tom Knoblach stated the Cathedral High School project is to construct a 33,000 square foot learning center for science, math and the arts. No one else came forth to be heard therefore. Chair Perske closed said public hearing.  Motion was made to approve Resolution 19-59 preliminarily approving the issuance and sale of Educational Facility Revenue Notes for the Cathedral High School Project and the related application to the Minnesota Department of Employment and Economic Development

 

RESOLUTION 19-59

RESOLUTION PRELIMINARILY APPROVING THE ISSUANCE AND SALE OF

EDUCATIONAL FACILITY REVENUE NOTES

(THE CATHEDRAL HIGH SCHOOL PROJECT), SERIES 2019

 

WHEREAS,

(a)                Minnesota Statutes, Sections 469.152 to 469.165, as amended (the "Act") authorizes counties, with the approval of the city, to issue revenue obligations to finance industrial development projects to promote the welfare of the state by the active development of economically sound industry and commerce to meet the needs of an increasing population and the need for development of land use which will provide an adequate tax base to finance the increasing cost of governmental services and access to employment opportunities for such population;

(b)               The County of Stearns, Minnesota (the "County"), has received from The Cathedral High School, St. Cloud, Minnesota, a Minnesota nonprofit corporation and 501(c)(3) organization (the "Borrower"), a proposal that the County undertake a program to assist in financing a Project hereinafter described, through the issuance of revenue notes or obligations (in one or more series), as further defined below, the "Notes," pursuant to the Act;

(c)                The County desires to facilitate the selective development of the community, retain and help to provide the range of services and employment opportunities required by the population, including educational services; and the Project will assist the County in achieving those objectives and will enhance the image and reputation of the community;

(d)               The Project to be financed by the Notes is the construction, expansion, and renovation of certain school buildings and improvements, the acquisition of certain real estate and equipment, and the demolition of certain existing improvements on and related to the school commonly known as Cathedral High School, located at 312 7th Avenue North, 701 2nd Avenue Street North, and 212, 220 and 229 8th Avenue North, all in the City of St. Cloud, Minnesota (collectively, the "Project").  The Project is and will be owned and operated by the Borrower;

(e)                The County has been advised by representatives of the Borrower that with the aid of municipal financing, and its resulting law borrowing cost, the Project is economically more feasible;

(f)                Based on representations of the Borrower, no public official of the County has either a direct or indirect financial interest in the Project nor will any public official either directly or indirectly benefit financially from the Project;

(g)               The Borrower has advised the County that the City of St. Cloud, Minnesota shall adopt a resolution in accordance with the Act, consenting to the issuance of the Notes; and

(h)               A public hearing on the Project was held on this date, after notice was published and materials made available for public inspection at the County Administration Center, all as required by the Act and Section 147(f) of the Code, at which public hearing all those appearing who desired to speak were heard and written comments were accepted.

BE IT RESOLVED by the Board of Commissioners of the County of Stearns, Minnesota (the "County"), as follows:

1.                   Findings.  The County hereby finds, determines, and declares as follows:

(a)                The County is a political subdivision of the State of Minnesota and is authorized under the Act to assist the revenue producing project herein referred to, and to issue and sell the Notes, as hereinafter defined, for the purpose, in the manner, and upon the terms and conditions set forth in the Act and in this Resolution.

(b)               On the basis of information available to the County it appears, and the County hereby finds, that the Project constitutes properties, real and personal, used or useful in connection with one or more revenue producing enterprises within the meaning of Subdivision 2(b) of Section 469.153 of the Act; that the Project furthers the purposes stated in Section 469.152; that the availability of the financing under the Act and the willingness of the County to furnish such financing will be a substantial inducement to the Borrower to undertake the Project, and that the effect of the Project, if undertaken, will be to assist in the prevention of the emergence of blighted and marginal land, to help prevent chronic unemployment, to help the surrounding area retain and eventually improve the tax base, to provide the range of service and employment opportunities required by the population, to help prevent the movement of talented and educated persons out of the state and to areas within the State where their services may not be as effectively used, and to promote more intensive development and use of land within the County and communities therein.

2.                   Preliminary Approval.  The County hereby gives preliminary approval to the proposal of the Borrower that the County undertake the Project, and the financing therefor, pursuant to the Act, and to issue the Notes in the principal amount not to exceed $8,000,000.

3.                   DEED Application.  The financing of the Project by the issuance of the Notes by the Issuer is subject to, among other things, (a) the approval of the Project by the City of St. Cloud, Minnesota and the Minnesota Department of Employment and Economic Development, (b) final approval by the County, the Borrower, and the purchasers of the Notes as to the ultimate details of the financing, and (c) review and approval of the proposed Project by Bond Counsel. 

4.                   Payment of CostsThe Borrower has agreed and it is hereby determined that any and all costs incurred by the County in connection with the financing of the Project whether or not the Project is carried to completion and whether or not approved by the County will be paid by the Borrower. 

5.                   Note Documents.  Briggs and Morgan, Professional Association, acting as bond counsel, is authorized to assist in the preparation and review of necessary documents relating to the Project, to consult with the Borrower and the purchasers of the Notes as to the maturities, interest rates, and other terms and provisions of the Notes and as to the covenants and other provisions of the necessary documents and submit such documents to the County for final approval.

6.                   Limited Obligation.  Nothing in this Resolution or the documents prepared pursuant hereto shall authorize the expenditure of any County funds on the Project other than the revenues derived from the Project or otherwise granted to the County for this purpose.  The Notes shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property or funds of the County except the revenue and proceeds pledged for the payment thereof, nor shall the County be subject to any liability thereon.  No holders of the Notes shall ever have the right to compel any exercise of the taxing power of the County to pay the outstanding principal on the Notes or the interest thereon, or to enforce payment thereon against any property of the County, except such property as may be expressly pledged for the security of the Notes.  The Notes shall recite in substance that the Notes, including the interest thereon, is payable solely from the revenue and proceeds pledged to the payment thereof.  The Notes shall not constitute a debt of the County within the meaning of any constitutional or statutory limitation.

Reimbursement.  In anticipation of the approval of the Project by the State of Minnesota, Department of Employment and Economic Development and all other necessary entities and the issuance of the Notes to finance all or a portion of the Project, and in order that completion of the Project will not be unduly delayed when approved, the County hereby authorizes the Borrower, in accordance with the provisions of the Act and subject to the terms and conditions imposed by the purchaser of the Notes, to provide for the expansion, renovation, and equipping of the Project by such means as shall be available to the Borrower and in the manner determined by the Borrower, and without advertisement for bids as may be required for the construction and acquisition of other municipal facilities; the County hereby ratifies, affirms, and approves all actions heretofore taken by the Borrower consistent with and in anticipation of such authority; and the Borrower is hereby authorized to make such expenditures and advances toward payment of that portion of the costs of the Project to be financed from the proceeds of the Notes as the Borrower considers necessary, including the use of interim, short-term financing, subject to reimbursement from the proceeds of the Notes if and when delivered but otherwise without liability on the part of the County.

Presenter: Randy Schreifels, Auditor-Treasurer;

RESULT:                            APPROVED [UNANIMOUS]

MOVER:                            Leigh Lenzmeier

SECONDER:              Tarryl Clark

 

Property Services

Presentation by Jeff Johnson, Property Services Division Director, re:  consideration of:

1.              Approve Option to End Participation in Avenu Land Records Management System (LRMS) Computer Aided Mass Appraisal (CAMA) Project effective October 16, 2019

RESULT:                            APPROVED [UNANIMOUS]

MOVER:                            Tarryl Clark

SECONDER:              Steve Notch

 

Public Hearing

              A public hearing was continued for consideration of the re-establishment of Stearns County Ditch 28 Public Drainage System Records.  Chad Martini, Land Management Division Director, and Kale Van Bruggen, Rinke Noonan Attorney, provided and review of the public hearing that was held on August 20, 2019.  Garrett Monson, Houston Engineering Water Resources Engineer, addressed questions and concerns brought forth by the public during the previous public hearing.  Motion was made by Commissioner Lenzmeier and seconded by Commissioner Mergen to reopen the public hearing for public input.  No one came forth to be heard.  After some discussion, motion was made to approve the Findings and Order re-establishing the Stearns County Ditch 28 Public Drainage System Records.  On roll call vote, Commissioner Notch, Yes; Commissioner Mergen, Yes; Commissioner Lenzmeier, Yes; Commissioner Clark, Yes and Commissioner Perske, Yes. 

Presenter: Chad Martini, Land Management Division Director; Kale Van Bruggen, Rinke

Noonan Attorney; Garrett Monson, Houston Engineering Water Resources Engineer;

RESULT:                            APPROVED [UNANIMOUS]

MOVER:                            Steve Notch

SECONDER:              Leigh Lenzmeier

 

Public Works

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

1.              Receive Construction Update

RESULT:                            INFORMATIONAL NO VOTE

 

2.              Approve Resolution 19-60 removing state aid designation from County State Aid Highway 57 and turning road back to the City of Brooten

 

RESOLUTION 19-60

 

RESOLUTION REVOKING A COUNTY STATE AID HIGHWAY

 

WHEREAS: it appears to the County Board of the County of Stearns that the road hereinafter described should be revoked as a County State Aid Highway under the provisions of Minnesota Law; and

 

WHEREAS: Minnesota Statute 163.11 provides for the revocation of County Roads to the City in which the road is located; and

 

WHEREAS: CSAH 57 along Pleasant Avenue, Railway Avenue and 2nd Street lies entirely within the limits of the city of Brooten; and

 

WHEREAS: the City of Brooten has agreed that the right of way of CSAH 57 as described above does not serve a county function and should be turned back to the city.

 

NOW THEREFORE, BE IT RESOLVED: by the County Board of the County of Stearns that the road described as follows, to-wit:

 

0.2 miles of CSAH 57 along Pleasant Avenue, Railway Avenue and 2nd Street in Brooten

 

be, and hereby is, revoked as a County State Aid Highway of said County, subject to the approval of the Commissioner of Transportation of the State of Minnesota.

 

BE IT FURTHER RESOLVED: that said section of CSAH 57 be revoked to the city of Brooten.

 

BE IT FURTHER RESOLVED: that the County Auditor is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for his consideration.

RESULT:                            APPROVED [UNANIMOUS]

MOVER:                            Steve Notch

SECONDER:              Leigh Lenzmeier

 

Environmental Services

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

1.              Authorize Board Chair to sign Order for Repair or Removal of hazardous mobile homes located in the Evergreen Manufactured Home Park in Avon Township.  Failure to comply will result in the County repairing or removing the structures and assessing the cost on the property taxes.

Presenter: Mark Latterell, Environmental Health Division Supervisor; John Tracy, Senior

Enviromental Specialist;

RESULT:                            APPROVED [UNANIMOUS]

MOVER:                            Jeff Mergen

SECONDER:              Tarryl Clark

 

2.              Approve and authorize Board Chair to sign the 2020-2021 Natural Resources Block Grant Agreement which partially funds Environmental Services Department programs

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

RESULT:                            APPROVED [UNANIMOUS]

MOVER:                            Tarryl Clark

SECONDER:              Steve Notch

 

3.              Approve Planning Commission Action on Rezoning Submitted by Brian Duchene on behalf of Jalee Noelting and Craig W. Sexton Rev Trust and Act on Ordinance No. 590

              After some discussion, motion was made by Commissioner Notch to concur with the decision of the Stearns County Planning Commission and deny a Rezoning request submitted by Brian Duchene, Sauk Rapids MN on behalf of Jalee Noelting, Bowlus MN and Craig W. Sexton Revocable Trust, Rice MN according to Section 4.10 of Stearns County Land Use and Zoning Ordinance #439 to rezone approximately 2.9 acres from the Residential 1 (R-1) zoning district to the Commercial (C) zoning districtThe proposal is located in part of Government Lot 1 and Lots 2 and 3 of River’s Edge in Sections 17 and 20, lying west of the Mississippi River, north and east of Walleye Road and south of 57th Avenue, Brockway Township (126/28).  Property address is 41024 and 41028 57th Avenue, Rice.  Motion failed due to lack of a second. Motion was then made to have the County Board to hold a public hearing on the Rezoning request submitted by Brian Duchene, Sauk Rapids MN on behalf of Jalee Noelting, Bowlus MN and Craig W. Sexton Revocable Trust, Rice MN to rezone approximately 2.9 acres from the Residential 1 (R-1) zoning district to the Commercial (C) zoning district at a date and time to be determined by staff.

Presenter: Heidi Winskowski, Environmental Specialist;

RESULT:                            APPROVED [UNANIMOUS]

MOVER:                            Leigh Lenzmeier

SECONDER:              Steve Notch

 

Administration

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

1.              Approve Resolution 19-61 adopting the 2020 preliminary budget and levy

 

RESOLUTION 19-61

 

WHEREAS, The Board of County Commissioners has given careful consideration to the various budget requirements for the County of Stearns for the year 2020;

 

NOW, THEREFORE, BE IT RESOLVED, that the County Board adopts a preliminary tax levy of $82,797,680 levied on all taxable property for Stearns County as taxes payable in 2020.

 

NOW, THEREFORE, BE IT RESOLVED, that the County Board acknowledges that the debt service levy of $3,852,480, along with the planned use of excess debt service fund balance is sufficient to pay the scheduled debt service principal and interest payments for 2020.

BE IT FURTHER RESOLVED, that the County Board hereby adopts the proposed budget totaling $165,500,806 for 2020.

Presenter: Michael Williams, County Administrator; Stephen Hammes, Assistant County

Administrator; Randy Schreifels, Auditor-Treasurer; Sarah Utsch, Financial Director;

RESULT:                            APPROVED [4 TO 1]

MOVER:                            Steve Notch

SECONDER:              Tarryl Clark

AYES:                            Tarryl Clark, Joe Perske, Leigh Lenzmeier, Steve Notch

NAYS:                            Jeff Mergen

 

Adjournment

Motion was made to adjourn the County Board Meeting at 10:37 a.m.

RESULT:                            APPROVED [UNANIMOUS]

MOVER:                            Steve Notch

SECONDER:              Tarryl Clark