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Public Notices

Sherburne County Board of Commissioners

October 17, 2023 - County Board Meeting Minutes

Call to Order

The Sherburne County Board of Commissioners convened in regular session on October 17, 2023, at the Sherburne County Government Center in the City of Elk River, MN. Call to order by the Chair was at 9:00am. Commissioner Danielowski was absent.

Moment of Silence and Pledge of Allegiance

Approval of Regular Meeting Proposed Agenda

Hulse/Felber were unanimous to approve the agenda as presented.

Open Forum

No one was present.

Consent Agenda

Hulse/Felber were unanimous to approve the Consent Agenda as presented.

Approved County Board Meeting Minutes: October 3, 2023. 

Administration

Approved County Workshop Meeting Minutes: October 3, 2023. 

Administration

County Commissioner Wage Adjustment Policy. Administration

Bruce Messelt, County Administrator

Approved the amended County Commissioner Wage Adjustment 

Policy. (On file.)

Proposed Revisions to the County’s Policy Governing Use of Volunteers and Unpaid Interns. Administration

Dan Weber, Assistant County Administrator

Approved proposed revisions to the County’s Use of Volunteers and Unpaid Interns Policy, as presented. (On file.)

Formatting and Covered Facilities for the County Emergency Action Plans. Administration

Staci Hecht, Risk Management Specialist, Kyle Breffle, Emergency Services Director

Approved the Updated County Emergency Action Plans, as presented. (On file.)

Commissioner & Manual Warrants Dated September 29th and October 6th, 2023. Auditor / Treasurer

Diane Arnold, County Auditor/Treasurer

Approve Commissioner & Manual Warrants as follows:

September 29 2023, Commissioner Warrants $1,014,236.08

September 29 2023, Manual Warrants $14,780.00

October 6 2023, Commissioner Warrants $1,430,885.33

October 6 2023, Commissioner Warrants Court Order $524,151.95

October 6 2023, Manual Warrants $15,159.62

7 HHS IFS Admin Warrants Dated 10-06-23. 

Health & Human Services

Amanda Larson, HHS Director

Approved HHS IFS Admin Warrants, as follows.

October 6, 2023 HHS IFS Admin Warrants $47,421.76

September 28, 2023 HHS OBO Warrants. Health & Human Services

Amanda Larson, HHS Director

Approve the HHS OBO Warrants as follows:

September 28, 2023 HHS OBO Warrants $9.062.12

Reclassification of Two Public Health Division Employees from Public Service Specialists to Case Aides. Health & Human Services

Nicole Ruhoff, CHS Administrator

Approved the reclassification of two Public Health Division Employees from Public Service Specialists (Grade 7) to Case Aides (Grade 8).

Renewal Agreement Between Sherburne County and UCare 

Minnesota. Health & Human Services

Nicole Ruhoff, CHS Administrator

Approved a Renewal Agreement between Sherburne County and UCare Minnesota. This contract shall commence two months after final signature and shall continue until terminated by mutual agreement. (On file.)

Award to GetRepowered for County IT Electronics Recycling. 

Information Technology

Brian Kamman, IT Director

Accepted and approved GetRepowered as Lowest Responsible Bidder to the Request For Proposals (FRP) for County IT Electronics Recycling with a return estimate of $42,000.00 and authorized negotiation and execution of an Agreement for the same, subject to final approval by the County Administrator, IT Director, and Attorney as to form.

Easement Across County Land to Access County Road 45 for Parcel 01-033-2206. Public Works

David Roedel, Assistant Public Works Director

Approved an easement across county land to access County Road 45 on Parcel 01-033-2206.

Final Payment for 2022 CR 81 Reconditioning (CP 71-681-017). 

Public Works

Andrew Witter, Public Works Department Head

Approved and authorized final contract payment with OMG Midwest Inc dba Minnesota Paving & Materials for project CP 71-681-017 for 2022 Reconditioning.

Final Payment for 2023 HSIP Edgeline Striping (SP 71-070-046). 

Public Works

Andrew Witter, Public Works Department Head

Approved and authorized final contract payment with Century Fence Company for project SP 71-070-046 for 2023 HSIP Edgeline Striping, contingent upon final clearance from MnDOT’s Office of Civil Rights.

Out of State Travel for County Staff to Attend a GIS Developer 

Conference. Public Works

Brett Forbes, GIS Coordinator

Approved out-of-state travel for three GIS staff members to attend the national GIS Conference in Palm Springs, CA in March 2024. Total estimated cost per attendee of $3,710.

Professional Services Agreement with Apex Engineering Group for Design and Construction for the CSAH 2/CSAH 29 Reconstruction Project (CP 71-629-022). Public Works

David Roedel, Assistant Public Works Director

Approved a Professional Services Agreement with Apex Engineering Group for design and construction services for the reconstruction of CSAH 29 and pavement rehabilitation on CSAH 2, to include a new signal system at the intersection of CSAH 29 and CSAH 2 (CP 71-629-022). This agreement shall commence on October 17, 2023 and shall terminate on the date that all obligations have been fulfilled and all deliverables have been approved by the County. Estimated cost of project to be $249,487.50. (On file.)

Agreement Between Sherburne County and Independent School District 728 for Educational Services for Inmates and Detainees at the Sherburne County Jail. Sheriff

Joel Brott, County Sheriff

Approved an agreement between Sherburne County and Independent School District 728 for educational services for inmates and detainees at the Sherburne County Jail. This agreement shall commence on October 17, 2023 and shall remain in effect for a period of 12 months with an estimated cost of $132,186.00.

Donation to the Sheriff’s Office K-9 Unit from Gilleland Chevrolet. Sheriff

Joel Brott, County Sheriff

Approved a $750.00 donation to the Sheriff’s Office K-9 Unit from Gilleland Chevrolet of St. Cloud.

Announcements

Commissioner Fobbe recognized law enforcement and the five officers involved in the Benton County events last week.

County Administrator Bruce Messelt announced the following:

- New artwork in hallway via Options.

- Housing Summit on November 8th from 11:30am-4:00pm at the Government Center.

- Zach Guttormson resigned from Planning and Zoning and Soil and Water Conservation Board.

- At 10:20am we will break to have a Meet and Greet with the Veteran’s Office to meet the drivers and tour the new vans.

- Annual Meeting AMC Conference in December.

- MCIT Annual Meeting in December and discussed a voting alternate.

Regular Agenda

Proclamation the Designation of October as Manufacturing Month. Administration

Jessica Barthel, Economic Development Coordinator

Gray/Felber were unanimous to approve a proclamation designating the month of October as Manufacturing Month in Sherburne County. (On file.)

Preliminary Residential Standard Plat of “Meadow Estates North” - Dan Berning, Ziegler Custom Homes.

Planning & Zoning

Lynn Waytashek, Planning & Zoning Administrator

Felber/Gray were unanimous to approve the Preliminary Residential Standard Plat of “Meadow Estates North” which consists of (6) lots, as recommended by the Planning Commission, with the (4) Conditions; PID #10-104-3400; Legal Desc: SE 1-4 of SW 1-4 (full legal on file); Sec 4, Twp 33, Rge 27, Big Lake Township; with 18.15 acres in the General Rural District. Approve the Preliminary Residential Standard Plat of “Meadow Estates North” which consists of (6) lots, as recommended by the Planning Commission, with the (4) Conditions as listed in the background justification; PID #10-104-3400; Legal Desc: SE 1-4 of SW 1-4 (full legal on file); Sec 4, Twp 33, Rge 27, Big Lake Township; with 18.15 acres in the General Rural District.

Conditions:

1.The Sherburne County Public Works Department will require park dedication fees for the six (6) new lots at $1,200 per lot, totaling $7,200. Park fees must be paid prior to the Public Works Department signing the plat mylars.

2. A copy of the NPDES permit for this project must be submitted to the Zoning Department prior to being placed on the agenda for final plat approval.

3. A Stormwater and Erosion Control Permit application is required to be submitted to the Zoning Department prior to recording of the plat.

4. The plat shall be recorded in the Office of the County Recorder/Register of Titles, subject to recording fees, within one year of County Board approval of Final Plat.

Conditional Use Permit for Riding Stable and Boarding Facility - Krista Ponting. Planning & Zoning

Lynn Waytashek, Planning & Zoning Administrator

Gray/Felber were unanimous to approve a Conditional Use Permit for Krista Ponting for a Riding Stable and Boarding facility, with the following (13) Conditions and Findings of Fact, as recommended by the Planning Commission for PID #40-010-3315; Property Address: 10551 26th St SE, Saint Cloud, MN 56304; Legal Desc: That part of the Southwest Quarter of the Southwest Quarter (full legal on file); Sec 10, Twp 35, Rge 29, Palmer Township; with 16.2 acres in the Agricultural District and within the Natural Environment Shoreland Overlay District of Rice Lake.

Conditions:

1. The facility shall be permitted to house a maximum of twenty-two (22) equine including the applicant/owner’s own equine.

2. Boarders shall be permitted to be on the property between the hours of 8:00 am and 9:00 pm unless otherwise needed in the case of an emergency.

3. The issuance of this permit does not permit the applicant to host any equine-related shows or events.

4. Any use of exterior lighting shall be directed away from residences and the public right-of-way by the use of light shields or other means as approved by the Zoning Department.

5. The applicant shall either provide a portable toilet on the property to be used by boarders or establish an ADA-compliant restroom. If utilizing a portable toilet, a copy of the service contract shall be provided to the Zoning Department if requested.

6. The arena shall be watered and dragged as needed to prevent dust from leaving the property.

7. Vegetative cover must be maintained at all times in the pasture area.

8. The applicant shall comply with the submitted Manure Management Plan (MMP) (Packet Attachment D) for the storage and disposal of manure generated at the facility. The stacking slab placement must be consisted with Packet Attachment D or as otherwise approved by the MPCA. At a minimum, manure disposal shall consist of hauling manure off-site every 60 days.

Applicants shall keep records identifying how much manure was transferred, when it was transferred, and where/who it was transferred to. The manure storage area at a minimum must consist of an impervious pad with a minimum of 4 ft. tall berms on 3 sides or within a leak-proof container (i.e. dumpster) and hauled off the property. A copy of the transferred manure records shall be provided to the Zoning Department if requested. The MMP shall also be consistent with the MPCA – Manure Stockpiling – Technical Guidelines Fact Sheet #8.06 and the University of MN Extension – Managing and Composting Manure Fact Sheet.

9. Pursuant to the Sherburne County Solid Waste Ordinance, Section 19.10 “Animal manure shall be classified as a solid waste when they are accumulated, stored or stockpiled on any surface . . . within 200 ft of a residence located on neighboring property.” Therefore, any manure stockpile(s) must be located at least 200 ft from any neighboring residences.

10. Applicants must operate the facility authorized by this permit in a manner that does not cause excessive noise, glare, odors, traffic, or other nuisances to neighboring properties.

11. The applicant shall maintain proper business liability insurance and provide a copy of the insurance records to the County upon request.

12. Applicants shall permit the Zoning Department to inspect the property when requested.

13. This property is located within the shoreland overlay district of Rice Lake and is proposing more than 10 animal units (AU) which will require the applicant to register with the Minnesota Pollution Control Agency (MPCA) as an animal feedlot.

Findings:

1. That the Conditional Use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity. Yes, the property already has the structures and fencing needed to establish a boarding facility, and it has been used for horses historically.

2. That the establishment of the Conditional Use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area. Yes, the properties surrounding this one have already been developed with single-family residences, and there is limited opportunity to further develop the surrounding vacant land.

3. That adequate utilities, access roads, drainage and other necessary facilities have been or are being provided. Yes, adequate utilities, road access, and drainage are already being provided.

4. That adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use Yes, adequate parking and loading area is provided with the property’s existing nearly 700 ft. long circle driveway and horse trailer parking area.

Source Separated Organics Program Feasibility Study. Planning & Zoning

Dave Lucas, Solid Waste Administrator

Felber/Gray were unanimous to approve a proposal by HDR to conduct a Source Separated Organics Program Feasibility Study, with a not to exceed amount of $49,160.

2024-2025 Minnesota Family Investment Program (MFIP) Biennial Services Agreement. Health & Human Services

Lisa Holker, Income Maintenance Supervisor

Felber/Gray were unanimous to approve the 2024-2025 Biennial Services Agreement for the amount of $626,294.00 for the Minnesota Family Investment Program for 2024-2025. Lisa Holker provided the Board with an overview of the agreement and program.

Auditor-Treasurer’s Monthly Report for September 2023. Auditor / Treasurer

Diane Arnold, County Auditor/Treasurer

Gray/Felber were unanimous to accept the September 2023 Financial Report from the Auditor-Treasurer as presented. (On file.)

Public Safety Radio Replacement and Encryption Project. Sheriff

Kyle Breffle, Emergency Services Director

Gray/Felber were unanimous to approve a public safety radio replacement and encryption project using Department of Public Safety funds. Department of Public Safety funds in the amount of $900,000.00 and ARPA funds in the amount of $400,000.00 are to be used for this project.

American Rescue Plan Act (ARPA) Update and Recommended Approvals and Expenditures. Administration

Dan Weber, Assistant County Administrator

Approved ARPA related project expenditures as follows: Hulse/Felber were unanimous to approve expenses greater than $50,000 equaling $400,000 for the Department of Public Safety Radio Replacement Project.

Assistant County Administrator Dan Weber requested to add another item to the APRA approvals. Big Elk Park deconstruction costs have been higher than anticipated (project #191). However, staff is looking at alternative options for the requested Grams Park restrooms that are below the original requested amount of $150,000 (project 197). Gray/Felber were unanimous to approve the transfer of $10,000 of ARPA funds from project #197 to ARPA project #191.

Commissioner Correspondence, Committee Reports, Upcoming Meetings, Future Agenda Items

Commissioner Hulse - Technology Steering Meeting, Mayor Dietz & Constituent meeting at Elk River American Legion, Representative Paul Novotny and Constituent Meeting/Discussion, County Connect Meetings

Commissioner Danielowski - Absent.

Commissioner Fobbe - County Connect meetings, Sherburne County Association of Townships (SCAT) meeting , Tri-Cap Executive Meeting, Non-Profits United meeting, Toured Philips Distillery, Great River Regional Library (GRRL), MICA meeting, AMC Board of Directors meeting, AMC District 5 meeting, AMC Leading on Purpose

Commissioner Felber - Rural Action Caucus, NACo Justice and Public Safety Committee, Sherburne County Association of Townships (SCAT) meeting, Juvenile Center meeting, Metropolitan Emergency Services Board, MCIT Cyber Preparedness Seminar, County Connect Meeting, Big Lake Fire Department Open House, AMC District 5 Meeting,

Commissioner Gray - SCAT, County Connect Meeting, MICA, Soil Water Conservation District (SWCD) Meeting, AMC District 5 Meeting, Clear Lake Fire Department Open House

Recess Regular Meeting, Open Ditch Authority Meeting

Review and Approve the Ditch Authority Agenda. Auditor / Treasurer

Diane Arnold, County Auditor/Treasurer

Approved the Ditch Authority agenda as presented.

Ditch Drainage Technician Report. Auditor / Treasurer

Mike Lindenau, County Ditch Inspector Received the Ditch Drainage Technician’s Report from County Ditch Inspector Mike Lindenau. Hulse/Felber were unanimous to accept the report as presented.

Adjourn Ditch Authority Meeting, Break for Veteran’s Van Driver Meet & Greet

The Board recessed for a break and to have a meet and greet with the Veteran’s Office van drivers.

Reconvene, Open Workshop

Close Workshop, Adjourn Regular Meeting

HHS OBO Warrants

9/28/23 1,219.89 OBO 4Imprint

3,421.70OBO Amazon

513.99OBO DNA Diagnostics

795.18OBO Innovative

1,050.00OBO Walmart

435.25OBO WRS Health Edco

1,626.1113 Payments less 

than 300

9,062.12Total

Commissioner Warrants

9/29/23 309,354.55 General Revenue Fund

601,532.36Public Works Fund

21,571.82Human Service Fund

6,208.91Law Library Fund

29,231.71Solid Waste Fund

13,065.67Jail Commissary Fund

232.36Sherco Regional Rail 

Authority

14,514.03Justice Center 

Enterprise Fund

4,621.74Agency Collections

13,902.93Taxes & Penalties Fund

1,014,236.08Total

Manual Warrants

9/29/23 14,780.00 Agency Collections

14,780.00Total

Commissioner Warrants

10/6/23 774,660.47 General Revenue Fund

562,268.80Public Works Fund

1,211.31Law Library Fund

55,612.70Solid Waste Fund

23,782.74Jail Commissary Fund

1,772.65Justice Center 

Enterprise Fund

7,857.50Agency Collections

365.00Taxes & Penalties Fund

3,354.16Payroll Fiduciary Fund

1,430,885.33Total

Manual Warrants

10/6/23 35,839.95 General Revenue Fund

488,312.00Taxes & Penalties Fund

524,151.95Total

Manual Warrants

10/6/23 2,184.00 General Revenue Fund

12,975.62Agency Collections

15,159.62Total

Warrants

10/6/23 4 6,604.52 Human Service Fund

767.24Agency Collections

50.00Children’s Mental 

Health Collaborative

47,421.76Total

Warrants

10/6/23 767.24 Children’s Dental 

Services

309.00DNA Diagnostics Center

352.18Grater/Justin

1,077.77HemoCue America - 

Radiometer America

4,388.87Hennepin County

703.50Lexis Nexis

412.50Lighthouse Child & 

Family Services

428.25Madden’s on Gull Lake

410.03McCoss/Daniel J

23,181.00Mn Dept Of Human 

Services - SWIFT

1,031.20Mn Dept Of Human 

Services-SWIFT 1

5,330.00Northwoods Consulting 

Partners Inc

409.38Olds/Brett

4,504.50Sherburne County 

Auditor Treasurer

744.86Storms/Abby

3,371.4831 Payments less 

than 300

47,421.76Total

Lisa A. Fobbe, Board Chairperson

Bruce Messelt, County Administrator

(Published in the Patriot 11/11/23)