| | | Call to Order | | | | The Sherburne County Board of Commissioners convened in regular session on February 16, 2021, at the Sherburne County Government Center in the City of Elk River, MN. Call to order by the Chair was at 9:00am. Commissioner Schmiesing attended 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. |
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| | | Moment of Silence and Pledge of Allegiance |
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| | | Approval of Regular Meeting Proposed Agenda | | | | Burandt/Dolan unanimous to approve Regular Meeting Agenda as presented. |
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| | | Consent Agenda | | | | Dolan/Fobbe unanimous to approve Consent Agenda as presented. |
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| | | Approved Regular Meeting Minutes: February 2, 2021. |
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| | | Approved Workshop Meeting Minutes: February 2, 2021. |
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| | | Sherburne County Comments on Proposed Zimmerman TIF District #12. | Administration | | | | Dan Weber, Assistant County Administrator | | | | Approved the proposed Tax Increment Financing Comment Letter and authorized the Assistant County Administrator to submit to Monroe Moxness Berg PA prior to the Public Hearing scheduled for February 22, 2021. |
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| | | 2020 Year-End Transfers from the General Fund (01) To County Ditch Fund (15). | Auditor / Treasurer | | | | Diane Arnold, County Auditor/Treasurer | | | | Ratified transfers from the General Fund to the following County Ditch accounts, totaling $4,971.36 to cover 2020 Year-End deficit balances, as allowed by Minn. Stat. § 103E.655, Subd 2.
. Ditch # 13 $604.00
. Ditch # 15 $4,367.36 |
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| | | Auditor-Treasurer's Report for January 2021. | Auditor / Treasurer | | | | Diane Arnold, County Auditor/Treasurer | | | | Approved the Auditor-Treasurer's Monthly Report for January 2021. |
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| | | Commissioner & Manual Warrants. | Auditor / Treasurer | | | | Diane Arnold, County Auditor/Treasurer | | | | Approve Commissioner & Manual Warrants as follows:
January 29, 2021 Commissioner Warrants $1,094,695.65
January 29, 2021 Commissioner Warrants Business Relief Grant $243,018.00
January 29, 2021 Manual Warrants $3,454,963.53
February 5, 2021 Commissioner Warrants $948,415.30
February 5, 2021 Commissioner Warrants Business Relief Grant $48,793.00
February 5, 2021 Manual Warrants $8,042.68$5,797,928.16 |
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| | 7 | COVID-19 Response Grant from Minnesota Department of Health. | Health & Human Services | | | | Nicole Ruhoff, CHS Administrator | | | | Accepted COVID-19 Response Grant from Minnesota Department of Health. Minnesota received $6,900,000 in state funding to community health boards for COVID-19 Vaccine Implementation. Sherburne's portion of this is $106,149 to be used during the time frame of 2/1/21 - 6/30/21. Allowable activities include vaccine administration and technology/equipment related to vaccinations. No county match required. |
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| | | 01-28-21 HHS OBO Warrants. | Health & Human Services | | | | Amanda Larson, HHS Director | | | | Approved 01-28-21 HHS OBO Warrants as follows:
January 28, 2021 HHS OBO Warrants $6,344.48 |
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| | | Appointment to the Sherburne County Board of Adjustment. | Planning & Zoning | | | | Nancy Riddle, Planning & Zoning Administrator | | | | Approved appointment of William Craft to the Board of Adjustment for a three (3) year term. Term shall commence February 2021 and expire on December 31, 2023. |
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| | | Public Hearing Date for Consideration of Amending the SSTS Low Interest Loan Program Ordinance to include Small Business Eligibility. | Planning & Zoning | | | | Dave Lucas, Solid Waste Administrator | | | | Approved and set Tuesday, March 2nd, 2021 at 9:00AM, or soon thereafter, as the date and time for a Public Hearing to consider amending the SSTS Low Interest Loan Program Ordinance (ORD No. 241) to make eligible and authorize applications from small businesses. |
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| | | Public Hearing Date to Consider Solid Waste Cleanup Low Interest Loan Program Ordinance. | Planning & Zoning | | | | Dave Lucas, Solid Waste Administrator | | | | Approved to set Tuesday March 2nd, 2021 at 9:05 AM, or soon thereafter, as the date and time for a Public Hearing to consider an Ordinance to establish and authorize a Solid Waste Cleanup Low Interest Loan Program. |
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| | | Resolution #021621-AD-2025 in Support of Sponsoring the Local Road Improvement Program (LRIP) for CR 43 Road Improvements in the City of Big Lake. | Public Works | | | | David Roedel, Assistant Public Works Director | | | | Approved Resolution #021621-AD-2025 in support of sponsoring the Local Road Improvement Program (LRIP), for CR 43 Road Improvements in the City of Big Lake. The proposed project includes construction of approximately 0.75 miles of Road and pedestrian improvements on County Road 43 from TH 10 to north of Glenwood Avenue |
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| | | Resolution #021621-AD-2026 in Support of Becker Township applying for the Local Road Improvement Program (LRIP) Grant, serving as Sponsor for the Township Improvement Project on 97th Street SE. | Public Works | | | | David Roedel, Public Works | | | | Approved Resolution #021621-AD-2026 in Support of Becker Township applying for the Local Road Improvement Program (LRIP) Grant, serving as sponsor for the Township improvement project on 97th Street SE. |
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| | | Resolution #021621-AD-2027 for a Limited Use Permit (LUP) for a Snowmobile Trail Located Adjacent to County State Aid Highway 29 and County Road 45 and within MnDOT Right of Way. | Public Works | | | | David Roedel, Public Works | | | | Approved Resolution #021621-AD-2027 to enter into a Limited Use Permit (LUP) between Sherburne County and the Minnesota Department of Transportation for a Limited Use Permit (LUP) for a Snowmobile Trail Located Adjacent to County State Aid Highway 29 and County Road 45 and within MnDOT Right of Way. This LUP commences on February 16, 2021 and terminates at 11:59PM on January 4, 2031. (On file.) |
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| | | Resolution #021621-AD-2028 in Support of Baldwin Township Applying for the Local Road Improvement Program (LRIP) Grant, Serving as Sponsor for the Township improvement Project on 100th Street NW. | Public Works | | | | David Roedel, Public Works | | | | Approved Resolution #021621-AD-2028 in Support of Baldwin Township applying for the Local Road Improvement Program (LRIP) Grant, serving as sponsor for the Township improvement project on 100th Street NW. (On file.) |
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| | | Donations from The Eddy Family Foundation to the Sherburne County Sheriff's Office. | Sheriff | | | | Joel Brott, County Sheriff | | | | Approved the acceptance of the following donations from The Eddy Family Foundation to the Sheriff's Office: - $4,000 to the Sheriff's Office
- $4,000 to the Reserve Unit
- $2,000 to the Mounted Patrol
- $2,000 to Seniors and Law Enforcement Together (SALT will deposit)
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| | | Announcements | | | | County Administrator Bruce Messelt reminded the Board of an upcoming quarterly meeting with Township Associations on March 3, at 6 p.m. The meeting will be held in the County Board Room and via WebEx and will cover the Board of Adjustment Structure, Ordinances, COVID-19 Business Grant Relief and vaccination updates. Messelt also announced that there was a pipe burst in the County Jail that effected the Jail Clinic and hallways. Repairs are currently underway. |
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| | | Open Forum | | | | No one was present. |
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| | | Final Standard Plat of Sumser Farm 1st Addition - Howard Triggs. | Planning & Zoning | | | | Nancy Riddle, Planning & Zoning Administrator | | | | Fobbe/Dolan unanimous to approve a requested Residential Final Standard Plat for "Sumser Farm 1st Addition" consisting of (4) lots, with the following (5) Conditions, as recommended by the Planning Advisory Commission. PID # 01-019-3300. Legal Description, SW 1-4 of SW 1-4 Subj to Easement (full legal on file), Sec 19, Twp 35, Rge 26, Baldwin Township, 40 acres in the General Rural District.
Conditions:
1. Public Works will require $3,200 in park fees for four (4) new lots.
2. The remaining portion of PID 01-019-3300, will be a metes and bounds parcel, a new legal description will need to be prepared and recorded at the same time as the plat. The new legal description, with total area of the remaining parcel identified, shall be recorded in the form of a deed or such other form as may be approved by the County Attorney’s Office.
3. Builder Pay for Extension of 294th Ave
4. Must obtain driveway access permits from Baldwin Township prior to driveway construction.
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. |
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| | | Revised Preliminary and Final Plat of Buck Run - Buck Run LLC. | Planning & Zoning | | | | Nancy Riddle, Planning & Zoning Administrator | | | | Dolan/Fobbe unanimous to approve a requested Residential revised Preliminary and Final Standard Plat for "Buck Run" consisting of (15) lots, with the following (9) Conditions as recommended by the Planning Advisory Commission. PID 01-019-1200. Legal Description, N 1-2 of NE 1-4 (full legal on file). Sec 19, Twp 35, Rge 26, Baldwin Township, 80 acres in the General Rural District and within the Natural Environment Shoreland District of Unnamed Lake 710054.
Conditions:
1.Park dedication fees for 14 lots at $800 per lot, totaling $11,200.Park fees must be paid prior to the Public Works Dept signing the plat mylars.
2.A) Removal of the five (5) buildings will require a razing permit from Zoning along with a copy of the form “Notification of Intent to Perform Demolition” that must be submitted to the MPCA. The County also has a “Pre-Determination Items of Concern Checklist” that will also be required to be completed and submitted to the Zoning Department prior to a razing permit being issued. Receipts from a licensed landfill will also be required.
B) The existing well will need to be sealed per the Minnesota Department of Health requirements.
C) The existing septic system will need to be pumped and abandoned per the Minnesota Pollution Control Agency standards. Zoning will not sign the mylars until all documents have been submitted to the Zoning Department for the removal of the house and buildings, sealing of the well and abandonment of the septic system.
3.In response to the State Archeologist and Historic Preservation Office, at a minimum, the developer should provide all contractors with information on what to look for and requirements if archeological artifacts or human remains are found during the processes of construction of roads, stormwater pond construction, home or septic system construction. If anyone discovers an ancient cemetery or artifacts, they are required by law to immediately stop work and call local law enforcement first and the state archaeologist second. Information can be found at: https://mn.gov/admin/archaeologist/the-public/resources/faqs/
4.No drainage and utility easement, on any lot, can be altered without written township board approval.
5.Must obtain driveway access permits from Baldwin Township prior to driveway construction.
6.An NPDES permit must be submitted to the Zoning Department prior to being scheduled for final plat approval.
7.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.
8.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.
9.The plat shall include lot #7 and #8 with combined driveways. |
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| | | Preliminary Standard Plat for Country Oak Meadows - JDA Builders LLC. | Planning & Zoning | | | | Nancy Riddle, Planning & Zoning Administrator | | | | Dolan/Burandt unanimous to approve "Country Oak Meadows" Residential Preliminary Standard Plat, PID # 01-010-3400, consisting of (6) lots, with the following (5) Conditions, as recommended by the Planning Commission. Legal Desc: The East 668 feet of the Southeast Quarter (full legal on file). Sec 10, Twp 35, Rge 26, Baldwin Township. 20.19 acres in the General Rural District.
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.
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.
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. |
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| | | Preliminary and Final Simple Plat for Lindquist Acres North - David Gruhlke & Suzanne Angstman. | Planning & Zoning | | | | Nancy Riddle, Planning & Zoning Administrator | | | | Fobbe/Burandt unanimous to approve Preliminary and Final Simple Plat of "Lindquist Acres North", which consists of (3) lots, as recommended by the Planning Advisory Commission with the (3) Conditions listed in the background justification. PID # 01-021-3300 and Legal Desc: SW 1/4 of SW 1/4 (full legal on file). Sec 21, Twp 35, Rge 26, Baldwin Township.
Conditions:
1. The Sherburne County Public Works Department requests the western 40.5’ of Lot 1 as park dedicated in lieu of the park fees.
2. An Access Permit will be required prior to the access (driveway) construction and according to Public Works Engineering Standards.
3. 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. |
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| | | Preliminary Standard Plat of Hunter Estates - Jethro Carpenter. | Planning & Zoning | | | | Nancy Riddle, Planning & Zoning Administrator | | | | Fobbe/Dolan unanimous to approve "Hunter Estates" Residential Preliminary Standard Plat, consisting of (5) lots, with the (7) Conditions recommended by the Planning Commission. PID # 01-029-1100. Legal Desc: NE 1-4 of NE 1-4 (full legal on file). Sec 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.
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.
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. |
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| | | Conditional Use Permit (CUP) Application for Seasonal Storage Structure - Karl Kalahar. | Planning & Zoning | | | | Nancy Riddle, Planning & Zoning Administrator | | | | Dolan/Fobbe unanimous to approve a Conditional Use Permit (CUP) for Seasonal Storage Structure, with the following seven (7) Conditions and Findings of Fact, as recommended by the Planning Advisory Commission. PID # 25-012-1400, Legal Desc: SE 1-4 of NE 1-4 (full legal on file). Sec 12, Twp 35, Rge 30, Haven Township. 39.49 acres in the Agricultural District.
CONDITIONS:
1. There shall be no exterior storage except for the personal storage of the applicant.
2. If the buildings used for the seasonal storage are damaged or destroyed beyond 50% of their value, as determined by the Building Official, they may be rebuilt for the purposes of seasonal storage but must be in accordance with the Minnesota State Building Code.
3. Lessees may not use the premises for any unlawful use. Lessees may not store any items outside of the building including but not limited to cars, trailers, mechanical equipment or parts, appliances, wood, any construction materials, any demolition materials, any equipment (other than farming) or solid/hazardous waste of any kind or nature. There shall be no storage or allowance of any type of waste stream inside the building nor allowed on the lands. The buildings shall not be used for any living or residential use whether short or long term, including but not limited to residing in travel trailers, campers, tents.
4. The seasonal storage is proposed to be in use January through December 24/7. Storage will be available by appointment/phone call.
5. The building that does not have any side walls cannot be used for the seasonal storage business.
6. The public shall not have individual access to the storage facilities. All access shall be gained by the owner, employees or agents of the storage facility.
7. Any signage would have to meet the requirements un the Zoning Ordinance Sec 17, Subd 1.
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 proposed use is seasonal storage and it is not anticipated to diminish or impair values within the immediate area. The Seasonal Storage Business meets the condition of being established after January 3, 2006 and is located on a minimum of twenty acres of land. It is not located on a residentially platted parcel.
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, being used for vehicle storage; the proposed use will be used as seasonal storage.
3. That adequate utilities, access roads, drainage and other necessary facilities have been or are being provided.
Yes, the applicant is not requesting additional utilities beyond what is normal.
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, the property is 39.49 acres and has more than enough room for off-street parking.
5. 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.
Yes, the things that are being housed are not anticipated to cause offensive odor, fumes, dust, noise and vibration to the immediate area. If it does it will be dealt with to resolve it.
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| | | Preliminary and Final Simple Plat of Benson Estates - Trilogy Properties of MN LLC. | Planning & Zoning | | | | Nancy Riddle, Planning & Zoning Administrator | | | | Fobbe/Dolan unanimous to approve Preliminary and Final Simple Plat of "Benson Estates," which consists of (2) lots, with the one (1) Condition, as recommended by the Planning Advisory Commission. PID # 30-024-1104 and Legal Desc: All that pt of E 1-2 of NE 1-4 (full legal on file). Sec 24, Twp 34, Rge 26, Livonia Township. 15.07 acres in the General Rural District and within the Natural Environment Shoreland District of unnamed Lake 710027 and East Hunter Lake.
Condition:
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. |
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| | | School District Tax Abatement Letter | Administration | | | | Dan Weber, Assistant County Administrator | | | | Fobbe/Burandt approved to authorize the County Administrator to request that the Elk River School District abate its property taxes for a proposed expansion project, pursuant to Minn. Stat. § 469.1813, subd, 6(b) with a 4-0 vote with Commissioner Dolan abstaining. |
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| | | 2021 SCORE Line Item Budget. | Planning & Zoning | | | | Dave Lucas, Solid Waste Administrator | | | | Burandt/Dolan unanimous to approve the 2021 SCORE line item budget, as presented. (On file.) |
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| | | County Response to FY 2025 District 7W State Block Grant Program (STBGP) Solicitation TAC Recommendation Results. | Administration | | | | Andrew Witter, Public Works Department Head, Bruce Messelt, County Administrator | | | | With consensus of the Board, staff is to move forward with the conveyance of a formal response by Sherburne County to the FY 2025 District 7W State Block Grant Program (STBGP) Solicitation Technical Advisory Committee (TAC) Recommendation Results, regarding procedures utilized in this last meeting. |
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| | | COVID-19 Pandemic Update and County Response. | Administration | | | | Bruce Messelt, County Administrator, Dan Weber, Assistant County Administrator, Nicole Ruhoff, CHS Administrator | | | | CHS Administrator Nicole Ruhoff provided the Board with a COVID-19 highlight with updates on Sherburne County COVID-19 Statistics. HHS Director Amanda Larson presented on the Field Operations Guide (FOG). (On File.) Dolan/Burandt to approve FOG Guide as presented. Assistant County Administrator Dan Weber provided the Board with an update on the Business Relief Grant Program. |
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| | | Commissioner Correspondence, Committee Reports, Upcoming Meetings, Future Agenda Items | | | | Commissioner Burandt - Solid Waste Advisory Committee, Council on Aging, NACo HHS Meeting, Meeting at The Legion about City and County Issues, Board of Adjustment Interviews, Healthy MN Partnership, First Steps Central MN Joint Powers Meeting, Community Health Services State Adv. Bd. (SCHSAC), Safe Road Meeting,
Commissioner Fobbe - AMC Futures Meeting, Law Library Meeting, MICA Meeting, Tri-Cap Executive Meeting, Board of Adjustment, 7W discussions, Mentioned the Buffalo Alina shooting and keep them all in mind.
Commissioner Dolan - MAGIC Fund, Board of Adjustment Interviews
Commissioner Schmiesing - Emergency Services Board, MICA, AMC
Commissioner Danielowski - Solid Waste Advisory, Homeless Priorities Coalition, Sherco Solar Update, APO Meeting |
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| | | Adjourn Regular Meeting, Open Ditch Authority Meeting |
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| | | Ditch Authority Agenda: February 16, 2021. | | | | Fobbe/Dolan unanimous to approve Ditch Authority Agenda: February 16, 2021 as presented. |
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| | | Ditch Drainage Technician's Report. | Auditor / Treasurer | | | | Mike Lindenau | | | | Fobbe/Dolan unanimous to approve Ditch Drainage Technician's Report from County Ditch Inspector Mike Lindenau. Lindenau presented drone video and updates on Ditch 1 Branch 1A north of County Road 25 east of County Road 1, Ditch 6 north of County Road 3 west of County Road 5, and Ditch 6 south of County Road 3 into the refuge. |
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| | | Amended Joint Powers Agreement (JPA) with Mille Lacs Co and Benton County Ditch Authority. | Auditor / Treasurer | | | | Diane Arnold, County Auditor/Treasurer, Kathleen Heaney, County Attorney, Bonnie Jacobs | | | | Schmiesing/Fobbe unanimous to approve Amended Joint Powers Agreement (JPA) with Mille Lacs County and Benton County Ditch Authority for the administration of County Ditch No. 1A, which has benefitted property in Benton, Mille Lacs, and Sherburne County; such agreement establishing a Joint Ditch Authority Board to operate under Minn. Stat. § 103E whose fiscal agent will be Mille Lacs Auditor-Treasurer. County Attorney Kathleen Heaney presented with the board with changes that were made to the JPA. This Agreement continues indefinitely until terminated pursuant to the Termination Section of this Agreement. (On file.) |
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| | | Adjourn Ditch Authority Meeting, Open Workshop Meeting |
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