Call to Order

The Sherburne County Board of Commissioners convened in regular session on April 6, 2021, at the Sherburne County Government Center in the City of Elk River, MN. Call to order by the Vice Chair at 9:00am. Commissioners Danielowski and Dolan attended the meeting via WebEx, pursuant to Minn. Stat. § 13D.021 and as authorized under County Board Resolution No. 032020-AD-1944: Declaring a Local State of Emergency. The Board recognized the staff and victims affected in recent events at the United State Capital.

Moment of Silence and Pledge of Allegiance

Approval of Regular Meeting Proposed Agenda

Schmiesing/Fobbe unanimous to approve Regular Meeting Agenda as modified with the amended agreement for Consent Agenda Item 2.21 and a Letter of Appeal that was added to Regular Agenda item 5.4. Both documents were sent to the Board and available for public review at the Board meeting.

Consent Agenda

Schmiesing/Fobbe unanimous to approve Consent Agenda as amended with Consent Agenda item 2.20 moving to item 5.1a on the Regular Agenda. 

Approved Regular Meeting Minutes: March 16, 2021.

CSAH 8 Conduit Lease Agreement with Midcontinent Communications.

Administration

Dan Weber, Assistant County Administrator

Approved CSAH 8 Conduit Lease Agreement with Midcontinent Communications. The lease will generate $5,632.50 annually for the first 5 years of the agreement. The lease rate will then be reviewed every five years, as per the terms of the Agreement. The term of this agreement shall be for thirty (30) years and shall automatically renew in one (1) year increments unless terminated pursuant to Section 6. (On file.)

Two-Month Extension of Office Space Lease Agreement with Retired Senior Volunteer Program.

Administration

Dan Weber, Assistant County Administrator

Approved a two-month extension of the current Lease Agreement for General Office Space with the Retired Senior Volunteer Program (RSVP), pending review by the County Attorney's Office and final approval as to form. The two month lease payment of $240 ($120 per month) would be deposited into the general fund. Original term of the lease was April 1, 2021 to May 31, 2021. (On file.)

Commissioner & Manual Warrants

Auditor / Treasurer

Diane Arnold, County Auditor/Treasurer

Approved Commissioner & Manual Warrants as follows:
March 10, 2021 Manal Warrants BMO Harris Pcard Feb 2021 $32,360.54
March 12, 2021 Commissioner Warrants $736,266.34
March 12, 2021 Manual Warrants $7,465.53
March 19, 2021 Commissioner Warrants $239,024.79
March 19, 2021 Manual Warrants $524,349.71
March 26, 2021 Commissioner Warrants $1,690,394.09
March 26, 2021 Manual Warrants $7,846.18

Approval of the 2020 Carryovers and Designations for the Financial Statements.

Auditor / Treasurer

Diane Arnold, County Auditor/Treasurer

Approved the list of deferred revenues and restricted amounts required by law. Authorized standard carryovers and the carryovers requested by departments to the 2021 Budget. Authorized the designation of fund balance in the Special Revenue, Debt Service, and Capital Projects funds according to the County's fund balance policy and accounting standards. (On file.)

Approval of Working Capital Cash Flow.

Auditor / Treasurer

Diane Arnold, County Auditor/Treasurer

Approved the Working Capital Cash Flow, whose amount will be shown in the financial statements as Unassigned Fund Balance per our board approved resolution #121520-AD-1999. 

Resolution Allowing for Partial Reimbursement to Sherburne County Townships and Cities for Gopher Bounties for 2021.

Auditor / Treasurer

Diane Arnold, County Auditor/Treasurer

Approved Resolution 040621-AD-2037 reimbursing one half of the amount paid for gopher bounties to participating Sherburne County Towns and Cities, not to exceed $1.00 per gopher during calendar year 2021, according to MS 348.12. Any bounties must be presented to the County Auditor no later than March 1, 2022. (On file.)

Transfer of Money to the YES (Year-end Saving) Account.

Auditor / Treasurer

Diane Arnold, County Auditor/Treasurer

Approved the transfer of excess budget dollars, after the required carryovers have been accounted for, in the amount of $519,732, into the YES account (Year End Savings). 

Ongoing Acceptance of Clothing Donations.

Community Corrections

J. Hancuch, Director of Community Corrections

Approved the continued acceptance of donations from Community Corrections and Judicial Branch staff for offenders and their families through December 2021. 

Donation to HHS from Phillips Distilling Co.

Health & Human Services

Amanda Larson, Director of Health & Human Services

Accepted a donation of a $50 e-gift card to HHS from Phillips Distilling Company. 

HHS Contract with Patron Transportation.

Health & Human Services

Jodi Heurung-Dick, Social Services Manager

Approved a new contract for transportation services with Patron Transportation, for the period of April 1, 2021 through December 31, 2021. Budgeted project request in the amount of $5,000.00. (On file.)

HHS IFS Admin Deb 3-19-21.

Health & Human Services

Amanda Larson, Director of Health & Human Services

Approved HHS IFS Admin warrants as follows:
March 19, 2021 HHS IF S Admin Warrants $277,740.52

Annual Replacement of Desktops and Laptops.

Information Technology

Brian Kamman, IT Director

Approved the purchase of new desktops and laptops to replace existing equipment. The budgeted cost is $195,000.00 for the annual replacement.

Additional Human Resources Department Positions.

Human Resources

Tammy Bigelow, HR Director

Approved additional positions in the Human Resources Department for Benefits and Wellness Business Partner (Grade 14) and Human Resources Business Partner - Sheriff's Office (Grade 14). The 2021 personnel cost (partial year) of these two new positions is approximately $100,000 and would be paid from the Sheriff Enterprise Fund.

Use of $33,000 from YES Account to Install Humidification Systems in Three Data Server Rooms.

Maintenance

Steve Becker, Maintenance Department Head, Brian Kamman, IT Director

Approved use of $33,000 from the YES Account to install humidification systems in the three (3) identified Data Server Rooms.

Registered Land Survey (RLS) for Ostwald & DeMarre Property in Big Lake Township.

Planning & Zoning

Nancy Riddle, Planning & Zoning Administrator

Approved and authorized execution of a Registered Land Survey for the Ostwald & DeMarre Property in Big Lake Township (PID#10-113-4400 & 10-113-4404), Sec 13, Twp 33, Rge 27, Big Lake Twp, with Property Address: 20702 - 145th Street NW, Elk River, MN 55330.

Amended Agreement with Bolton & Menk for County State Aid (CSAH) 13 Design Phase Services.

Public Works

Andrew Witter, Public Works Department Head

Approved an Amended Agreement with Bolton & Menk in the amount of $104,000 for County State Aid Highway 13 Design Phase Services. Agreement shall go into effect on April 6, 2021 and shall terminate on the date that all obligations have been fulfilled and all deliverables have been approved by the County, unless earlier terminated pursuant to the terms of the agreement. (On file.)

Low Bidder for 2021 Overlays Project Under Contract #19015 (CP 71-607-020, CP 71-643-020, CP 71-655-019, TWP 05-2021-01 & TWP 20-2021-01).

Public Works

Andrew Witter, Public Works Department Head

Approved the Low Bidder, OMG Midwest Inc. (dba Minnesota Paving & Materials), with a bid of $3,888,602.25 for the 2021 Overlays project, to include Project Numbers:
- CP 71-607-020 CSAH 7 from Hwy 10 to St Cloud Airport;
- CP 71-643-020 CR 43 from Elk River bridge to CSAH 15;
- CP 71-655-019 CR 55 from Hwy 10 to CSAH 6;
- Becker Township resurfacing various roads; and
- Clear Lake Township resurfacing Shorewood Shores roads.
with the Becker Township and Clear Lake Township projects contingent upon approval from Becker and Clear Lake Townships for their portion of the project.

State of Minnesota Agency Agreement for S.P. 7106-89.

Public Works

Andrew Witter, Public Works Department Head

Approved Resolution 040621-AD-2038 Minnesota Department of Transportation Agency Agreement No. 1044374, between the Minnesota Department of Transportation and Sherburne County for S.P. 7106-89. This agreement will be effective on April 6th, 2021 and shall expire when all obligations have been satisfactorily fulfilled. (On file.)

Public Safety Telecommunications Week Proclamation.

Sheriff

Joel Brott, County Sheriff

Approved a proclamation designating the week of April 11-17 as Public Safety Telecommunications Week in Sherburne County to recognize the men and women who perform the difficult task for operating the County's 911 Dispatch Center.

Appointment of Extension Committee Members.

U of M Extension Office

Lori Vicich, Regional Director

Approved the following appointments to the Sherburne County Extension Committee:
1) Ms. Arianna Carriveau (District 2). 3 year term commencing April of 2021
2) Ms. Vicki Simcoe (District 3). 3 year term commencing April 2021
3) Ms. Arabelle Rohs as a youth member. 1 year term commencing April 2021

Announcements

No announcements were provided. 

County Information and Board Correspondence.

Administration

Bruce Messelt, County Administrator

Nothing to report.

Open Forum

No one was present.

Regular Agenda

Park Dedication and Memorials Policy and Guidelines.

Public Works

Gina Hugo, Park Coordinator

Schmiesing/Dolan unanimous to table the Park Dedication and Memorials Policy and Guidelines. Staff will take the suggested changes from the Board and come back at a future meeting for Board approval.

Update from the Great River Regional Library.

Administration

Karen Pundsack, Great River Regional Library

Karen Pundsack presented an update on the Great River Regional Library (GRRL) System. Highlighted updates were how GRRL has adapted through COVID and 2020 data and statistics. Commissioners thanked Karen and GRRL staff for all their efforts through the pandemic.

Final Standard Plat of Country Oak Meadows 1st Addition-JDA Builders, LLC.

Planning & Zoning

Nancy Riddle, Planning & Zoning Administrator

Fobbe/Dolan unanimous to approve a requested Residential Final Standard Plat of "Country Oak Meadows 1st Addition" consisting of (6) lots, with the following (5) Conditions, as recommended by the Planning Advisory Commission.  PID # 01-010-3400.Legal Desc: The East 668 feet of the Southeast Quarter of the Southwest Quarter (full legal on file).  Section 10, Twp 35, Rge 26, Baldwin Township.  20.19 acres in the General Rural District. Commissioner Danielowski provided her approval via telephone.

Conditions:

1. Park dedication fees for 6 lots at $800 per lot, totaling $4,800. Park fees must be paid prior to the Public Works Dept signing the plat mylars.
   
   
2. Must obtain driveway access permits from Baldwin Township prior to driveway construction.
   
   
3. An NPDES permit must be submitted to the Zoning Department prior to being scheduled for final plat approval. Completed
   
   
4. A Stormwater and Erosion Control Permit application is required to be submitted to the Zoning Department prior to being scheduled for final plat approval. No ground disturbance may begin prior to the Zoning Department issuing the Stormwater & Erosion Control Permit. Completed
   
   
5. 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.

Final Standard Plat of "Hunter Estates"-Jethro Carpenter.

Planning & Zoning

Nancy Riddle, Planning & Zoning Administrator

Dolan/Schmiesing unanimous to approve a requested Residential Final Standard Plat for "Hunter Estates" consisting of (5) lots, with the following (7) Conditions, as recommended by the Planning Commission. PID # 01-029-1100.  Legal Desc: NE 1-4 of NE 1-4 (full legal on file).  Section 29, Twp 35, Rge 26, Baldwin Township.  38.35 acres in the General Rural District and within the Natural Environment Shoreland District of Unnamed Lake 710042.

Conditions:

1. Park dedication fees for 4 lots at $800 per lot, totaling $3,200. Park fees must be paid prior to the Public Works Dept signing the plat mylars.
   
   
2. An Access Permit will be required prior to the access construction and according to Public Works Engineering Standards.
   
   
3. Existing driveway to Lot 2, Block 1 is required to be removed per Public Works comments received.
   
   
4. The house and one (1) accessory building are located in the 150’ lake setback and 70’ road right of way setback and are considered legal non-conforming structures. If these structures are destroyed by more than 50%, they must be rebuilt to meet the required setbacks.
   
   
5. An NPDES permit must be submitted to the Zoning Department prior to being scheduled for final plat approval. Completed
   
   
6. A Stormwater and Erosion Control Permit application is required to be submitted to the Zoning Department prior to being scheduled for final plat approval. No ground disturbance may begin prior to the Zoning Department issuing the Stormwater & Erosion Control Permit. Completed
   
   
7. 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.

Interim Use Permit (IUP) Application for 1 MW Solar Farm- USS Golly Gee Solar, LLC.

Planning & Zoning

Nancy Riddle, Planning & Zoning Administrator

Schmiesing/Danielowski unanimous to approve Interim Use Permit (IUP) Application for 1 MW Solar Farm, PID #20-129-4100.  Legal Desc: That Pt of NW ¼ fo SE ¼ lying N of Ctr(  full legal on file),  Section 29, Twp 34, Rge 29, Clear Lake Twp. 41.63 acres in the Agricultural District, with the nineteen (19) Conditions and Findings of Fact as recommended by the Planning Advisory Commission with changes made to Condition 12 on the type of trees to Eastern Red Cedar and spacing at 12’ apart.  Also, the County Board added an additional condition #20 that the applicant must submit a new Site plan and Landscape Buffer plan reflecting what was approved.

Conditions:

1.     Building permit required for on-site supply structure if over 200 sq ft in size.

2.     Building permit required for installation of solar panels with engineered plans submitted.

3.   If the required privacy fence around the perimeter of the facility exceeds 7 ft in height it will require a building permit with engineered plans.  A chain link fence with 3-strand barbed wire will be constructed.

4.   A Stormwater Erosion Control permit will be required from the County Zoning Dept prior to any grading on the property and prior to a building permit being issued.

5.   Must obtain an NPDES permit from the MPCA and provide a copy to the County Zoning Dept prior to commencing construction.

6.   Property owner shall ensure that MPCA day & nighttime noise standards are not exceeded at any time.

7.   Operational hours allowed during construction of the facility are Monday through Friday 7AM - 7PM.

8.   Decommissioning of solar panels and related facilities must occur in the event the IUP expires or is terminated, and/or the solar panels are not in use for twelve (12) consecutive months.  Must follow the Decommissioning & Reclamation plan date stamped January 28, 2021.

9.   Prior to issuance of a building permit for the project, the applicant shall provide financial security in the amount of $25,000 per MW, in favor of Sherburne County, to guarantee compliance with the decommissioning plan, site restoration and other terms of this Permit upon project termination or termination of this Permit.  The financial security shall be in a form acceptable to the County and, at a minimum, shall consist of a cash escrow to be deposited with the County in an amount no less than 50% of the total required financial security, with an initial deposit of 25% of the total amount deposited prior to issuance of the building permit and eight and one-third percent (81/3%) of the total amount deposited annually for three years on or before the anniversary of the issuance of the building permit.  The remaining amount of the total financial security shall be provided by way of an irrevocable letter of credit, which shall be in a form acceptable to the County Attorney’s Office and provided prior to the issuance of a building permit, and shall meet the following minimum standards (additional standards may be required):  the irrevocable letter of credit shall be issued by a federally chartered or State of Minnesota chartered banking institution with an branch office located within Sherburne County; shall be issued in the name of the County of Sherburne; shall be issued in an initial amount no less than 75% of the total financial security required by this Permit; shall permit the County to draw on the funds upon demand based on the County’s determination of non-compliance with the terms of this Permit; shall be for an initial term to be established and shall automatically renew for additional terms unless the bank gives the County at least 60 day written notice of an intent to terminate the credit at the end of a term; shall permit the County to draw upon the letter of credit for the full amount in the event a replacement letter of credit acceptable to the County is not issued at least 30 days prior to the expiration of the existing letter of credit; and shall provide that the letter of credit may not be amended without the written permission of the County.

10. No activities may occur onsite until applicant submits a signed an interconnection agreement as required in Section 17, Subd 17 (1A) of the ordinance and proof that the scope of the project is permitted by the Minnesota Public Utilities Commission.

11. The site will be revegetated within 30 days after construction with a low growth & low maintenance native pollinator friendly seed mix not exceeding 24 inches in height.  The property will be treated & maintained as needed during the spring & summer months to manage vegetation growth.  Property owner will responsible for vegetation control & weed management during the project’s operating life.

12. Must install 6 foot tall Eastern Red Cedar trees around entire perimeter of the solar farm, that will be shown in a new Landscape Buffer Plan to be submitted before recording. The trees must be planted no more than 12 feet apart.  All planted trees on the property must be maintained and watered as necessary for the duration of the permit.  Any dead trees must be replaced on a yearly basis.

13. This IUP is to be valid for 40 years until December 31, 2061.  This IUP is valid for USS Golly Gee Solar LLC and John & Lynette Golly. 

14. Access to the proposed solar farm shall be via CSAH#8 in the southwest corner of the property.

15. Decommissioning of project shall involve removal of all project components, including without limitation, solar panels, panel trackers, anchors, supports, mounts, inverters, underground electrical components underground conduit housing & all underground footings & posts.

16. Signage and emergency contact numbers must be posted at the access driveway to property.

17. The findings in Section 18, Subd 6, Item 4 of the Zoning Ordinance have been made.

18. The applicant shall allow the County to inspect the property during normal business hours.

19. The applicant shall comply with all federal, state, and local laws and regulations.

20. The applicant shall submit to the Planning & Zoning Department a revised site plan and Landscape Buffer Plan that shows 6 foot Eastern Red Cedar trees to be planted around the entire perimeter of the solar farm and with the plan specifying the type of fencing that was approved by the County Board.

FINDINGS:

1. That the Interim 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. 

The proposed location of the solar farm is in an existing agricultural field.  The closest adjoining neighboring house is approximately 280 feet to the east.  The remaining land adjacent to the solar farm is all agriculturally farmed properties.  The perimeter of the solar farm will be planted with trees to reduce visual impacts to adjoining properties.

1. That the establishment of the Interim Use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area. 

The IUP will be valid for 40 years.  If the property owner no longer wants solar panels the infrastructure may be removed, and the site can either go back to farming or be utilized for a new use.  The property the solar farm is proposed on is zoned Agricultural District and could not be subdivided to less than 40 acre properties under current zoning requirements.

1. That adequate utilities, access roads, drainage and other necessary facilities have been or are being provided. 

Driveway access to CSAH #8 has been approved by the County Highway Department. Utility lines necessary to transfer the electricity exist adjacent to the property.  

1. That adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use. 

There is plenty of parking available on this property needed for construction and operations.

1. That adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, so that none of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result. 

Construction of the site will cause short term noise and additional traffic.  Once the solar farm construction is complete traffic will be minimal and consist of company vehicles inspecting the panels on a weekly/monthly basis

Engineering Design Services Contract with SRF Consulting Group Inc. for TH 10 and TH 25/CR 52 in Becker.

Public Works

Andrew Witter, Public Works Department Head

Schmiesing/Dolan unanimous approve Engineering Design Services Contract with SRF Consulting Group Inc. for TH 10 and TH 25/CR 52 in Becker. The cost for these services is $510,000 with 100% being reimbursed through the Communities Energy Transition (CET) Grant. Term of this agreement commences on April 6, 2021 and shall terminate on the date that all obligations have been fulfilled and all deliverables have been approved by the County.

Display of Green Card Voices Exhibit at the Sherburne County Government Center.

Health & Human Services

Lisa Fobbe, Amanda Larson

Fobbe/Schmiesing unanimous to approve a display of Green Card Voices Exhibit at the Sherburne County Government Center. The fee for the Green Card Voices exhibit is $1,000 per month has been waived. 

Sherburne County Comment Letter on Proposed Elk River TIF District #27.

Administration

Dan Weber, Assistant County Administrator

Danielowski/Schmiesing unanimous to approve the amended Tax Increment Financing Comment Letter and authorized the Assistant County Administrator to submit to Baker Tilly Municipal Advisors prior to the Public Hearing scheduled for April 19, 2021.

Amended language is as follows:

The County's TIF policy states that the Board will review TIP proposals for housing projects based on the extent to which the project will contribute to the availability of housing for persons and families of low to moderate incomes. The County understands that this is a redevelopment TIF district. However, the County encourages the City to consider analyzing the project as both a redevelopment district and a housing district to determine whether a housing district might be more appropriate. The County seeks information will help us determine whether the project fits with the County's goal of providing necessary affordable housing for the community in future projects.

Community Living Infrastructure Grant through the Department of Human Services.

Health & Human Services

Amanda Larson

Fobbe/Danielowski unanimous to approve Health and Human Services Department request to apply for the Community Living Infrastructure grant through DHS.  The total amount of funding available is $2.685 for FY2022 and 2023, an increase of $1.1 million statewide. Term of this grant shall be July 1, 2021 until June 30, 2023.

COVID-19 Pandemic Update and County Response.

Administration

Nicole Ruhoff, CHS Administrator, Bruce Messelt, County Administrator, Tammy Bigelow, Dan Weber, Assistant County Administrator

County Administrator Bruce Messelt provided the Board with a Legislative update pertaining to waivers during the height of the pandemic. CHS Administrator Nicole Ruhoff provided COVID statistics for Sherburne County and the state over the first year of the pandemic. HR Director Tammy Bigelow updated the Board on the County State of Emergency declaration for teleworking and feedback that was collected from Department Heads. Assistant County Administrator provided the Board with an update on the Sherburne County American Rescue Plan Act (ARPA). Consensus of the Board was to move forward with development of the preliminary ARPA plan.

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

Commissioner Burandt - DHS COVID Steering Committee meeting, Framework 2030 Presentation, SCHSAC, American Rescue Plan presentation, American Legion presentation, 

Commissioner Fobbe - GRRL Finance Meeting, GRRL Board of Trustees meeting, Baldwin Township Parks Meeting, SUP, AMC Futures Planning meeting, Livonia Township Meeting, Tri-Cap Executive meeting, Tri-Cap Executive Search meeting, Patti Kukowski Retirement Party, 1Watershed1 Plan, AMC Futures, CMJTS meeting, Princeton Airport Authority Meeting, Baldwin Township Meeting, 

Commissioner Dolan - Funding Commission, EDA, Attorney General Opioid, CMRP meeting, CMRP Task Force, CMRP Executive Meeting, Frame Work 2030 presentation 

Commissioner Schmiesing - AMC Board of Directors Meeting

Commissioner Danielowski - County Road 43 discussion, Central MN Violent Offender Task Force meeting, CMRP, Framework 2030 presentation, Federal Youth Recovery Overview Discussion

Adjourn Regular Meeting, Open Workshop

Adjourn Workshop