Call to Order

The Sherburne County Board of Commissioners convened in regular session on May 4, 2021, at the Sherburne County Government Center in the City of Elk River, MN. Call to order by the Chair was at 9:00am.

Moment of Silence and Pledge of Allegiance

Approval of Regular Meeting Proposed Agenda

Dolan/Burandt unanimous to approve the Regular Meeting Agenda as presented.

Consent Agenda

Fobbe/Schmiesing unanimous to approve the Consent Agenda as presented.

Approved Regular Meeting Minutes: April 20, 2021.

Approved Workshop Meeting Minutes: April 20, 2021.

Premises Permit Renewal Request for Charitable Gambling by Princeton Youth Hockey.

Administration

Bruce Messelt, County Administrator

Approved Premises Permit renewal for Charitable Gambling for Princeton Youth Hockey at Finish Line Café, located at 31924 125th St. NW Princeton, MN 55371.

Commissioner & Manual Warrants.

Auditor / Treasurer

Amanda Larson, Director of HHS

April 14, 2021 Commissioner Warrants $33.25
April 16, 2021 Commissioner Warrants $618,386.12
April 16, 2021 Manual Warrants $8,758.80
April 23, 2021 Commissioner Warrants I $534,204.98
April 23, 2021 Commissioner Warrants II $45,442.69
April 23, 2021 Manual Warrants I $676,482.43

HHS 1st Quarter Donations.

Health & Human Services

Amanda Larson, Director of HHS

Approved and accepted 1st Quarter donations received by the Health and Human Services (HHS) Department. Total donation value of $3,302.30. (On file.)

HHS IFS Admin Deb 4-23-21.

Health & Human Services

Amanda Larson, Director of HHS

April 23, 2021 HHS IFS Admin Warrants $91,265.64

Purchase and Installation of Heat Exchanger System for the Jail Clinic and Gymnasium.   

Maintenance

Steve Becker, Maintenance Department Head

Approved purchase and installation of a heat exchanger on the AHU7 system in the jail clinic and gymnasium area, at a project cost of $30,000.

Seasonal 2021/2022 Lawn Mowing Contract.

Maintenance

Steve Becker, Maintenance Department Head

Approved a two year contract with Jeremy's Lawn Service in the amount of $12,300 per season for seasonal mowing in 2021 & 2022.

Resolution #050421-AD-2039 in Support of SF 2314 and HF 2456 Relating to Safety and Access along TH 10 from 45th Ave to 32nd Ave in Haven Township (APO St. Cloud Request).

Public Works

Andrew Witter, Public Works Department Head

Approved Resolution #050421-AD-2039 in Support of SF 2314 and HF 2456 relating to Safety and Access along TH 10 from 45th Ave to 32nd Ave in Haven Township, as requested by MNDOT's St. Cloud Area Planning Organization (APO).

Consider Approval of the 2020 Emergency Management Performance Grant (EMPG) Agreement.

Sheriff

Kyle Breffle, Emergency Services Director

Approved and accepted the 2020 Emergency Management Performance Grant (EMPG) agreement in the amount of $44,573.00, with the required annual matching grant available from the approved Emergency Management budget. Grant Contract Agreement Term of January 1, 2020 to May 31, 2021.

Out-of-State Travel for Two Sheriff's Office Employees.

Sheriff

Joel Brott, County Sheriff

Approve out-of-state travel for two Sheriff's Office employees to attend the 42nd Annual Northwest Shuttle Conference from September 12-16, 2021, in Billings, Montana, at a cost of $250.00 per attendee for registration, plus necessary travel expenses not to exceed $$2,310.

Proclamation of May 9th-15th, 2021 as Police Officers' Week.

Sheriff

Joel Brott, County Sheriff

Approved a Proclamation designating the week of May 9-15, 2021 as Police Officers' Week in Sherburne County.

Appointment of University of Minnesota - Sherburne County Extension Committee Members.

U of M Extension Office

Lori Vicich, Regional Director

Approved the following appointments to the University of Minnesota - Sherburne County Extension Committee:

1. Mr. Marv Ziner, for a third-three year term to the Sherburne County Extension Committee with a term start date of May 4, 2021.

2. Ms. Carla Mertz (District 5) for a three year term to the Sherburne County Extension Committee with a term start date of May 4, 2021. 

Announcements

Count Administrator Bruce Messelt provided the following reminders and announcements to the Board. 

• 27th year in a row that the Auditor/Treasurer's Office has received the Government Finance Officers of America Award for Distinguished Comprehensive Annual Financial Reporting.
• Planting has begun on the WIC Garden and suggested the Board and staff stop by to see it. 
• The second round of videos have been released to support local businesses.
• Sport Tech Groundbreaking is Thursday, May 6th at 10:30am.
• Next Week is Public Safety Week and a memorial will be held on Friday, May 7th at 9:00am. This will take place at the flagpole located at the Sherburne County Government Center and is hosted by the Sheriff's Department.

Open Forum

No one was present. 

Regular Agenda

Connexus Energy Update.

Administration

Greg Ridderbusch and Don Haller, Connexus Energy Staff

Received an update from Connexus Energy Cooperative staff Greg Ridderbusch and Vice President Don Haller regarding business and community activities. Ridderbush and Haller presented specifically on coverage areas in Sherburne County, items pertaining to Connexus as a company and provided an explanation of Midcontinent Independent System Operator (MISO).

Central Minnesota Jobs and Training Services (CMJTS) Update.

Administration

Barb Chaffee, CEO of CMJTS

Received an update from Central Minnesota Jobs and Training Services, Inc. (CMJTS) staff on recent activities, programs and projects. CEO Barb Chaffee update the Board on the Annual Program Performance Report, updates of CMJTS events in Sherburne County, programs and services, and explanation of the make-up of the Joint Powers Board. Director Tricia Bigaouette presented the Annual Fiscal Audit Report. Program Manager Dina Wuornos discussed the Minnesota Family Investment Program (MFIP), SNAP Employment and Training (E&T) Program, and Adult Dislocated Work Program. Wiuornos and Manager Leslie Wojtowicz together presented on the youth programs and services that CMJTS has to offer. Wojtowicz also presented on On the Job Training and past and upcoming job fair events.

Interim Use Permit (IUP) Application for Mining-Merlin Valerius.

Planning & Zoning

Nancy Riddle, Planning & Zoning Administrator

Fobbe/Burandt unanimous to approve Interim Use Permit (IUP) Application for Mining by Merlin Valerius, Applicant, with the following (8) Conditions and Findings of Fact as recommended by the Planning Advisory Commission; PID # 30-028-1400; Legal Desc: SE ¼ of NE ¼ subject to Easement Desc as (full legal on file); Sec 28, Twp 34, Rge 26, Livonia Township; 41.4 acres in the General Rural District and within the Tributary Stream District of Tibbits Brook.

CONDITIONS:
1. The applicant agrees to revoke Interim Use Permit Number 47768, Recorded Document Number 747039 for Excavating 10,000 cubic yards or more upon recording the current Interim Use Permit for Mining and pay the separate recording fee of $46.00.

 
2. This Interim Use Permit is issued to: Merlin Valerius and shall expire with a change in majority ownership of the business or sale of this property

3. All erosion control measures outlined in the applicants SWPPP must be established and maintained.

4. The days and hours of operation will be Monday – Friday 7:00 AM to 7:00 PM, Saturdays 7:00 AM – 5:00 PM and Sundays, if needed 9:00 AM to 12:00 PM.

5. No excavation allowed outside the designated mining areas identified on Proposed Mining Site Plan, Packet Attachment B.

6. The property owner shall permit the county to inspect the property.

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

8. The applicant must maintain a valid Wetland Conservation Act Certificate of Exemption for this project.  Failure to maintain this exemption will invalid the Interim Use Permit.

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.

Yes, the applicant has been mining this property since 2013 and the proposed mining activity will be consistent with past operations which have not generated any complaints or violations of the permit. 

2. 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. 

Yes, the establishment of this permit will not impact development of surrounding vacant properties.  The work is temporary and only involves excavating and removing materials from this parcel.  This IUP should have no impact on the development of neighboring land. 

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

Yes, the site has been mined for peat since 2014 and has demonstrated the property has adequate utilities, access to road, and proper drainage. 

 
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 low volume of truck traffic during the winter months and the adequate space on site for loading and 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 other lights in such a manner that no disturbance to neighboring properties will result. 

Yes, the applicant’s past practice and proposal to keep things the same has established that this interim use permit will not create a nuisance to neighboring properties. 

Interim Use Permit (IUP) Application for Contractor's Yard-Ryan Boogren.

Planning & Zoning

Nancy Riddle, Planning & Zoning Administrator

Dolan/Fobbe unanimous to Consider Interim Use Permit (IUP) Application by Ryan Boogren for Contractor's Yard with the following (14) Conditions and Findings of Fact, as recommended by the Planning Advisory Commission; PID # 30-028-4105 & 30-027-3205; Legal Desc: That pt of the 657.05 ft of NE 1-4 of SE and NW 1-4 of SW 1-4 (full legal on file); Sec 28, Twp 34, Rge 26. Livonia Township; 23.98 acres in the General Rural District.

CONDITIONS:
1. Use of the property as a Contractor’s Yard is limited to the land identified on the site plan in Packet Attachment C-3.

2. All exterior lighting shall be directed away from the public right-of-way or neighboring properties.

3. Exterior storage shall be screened from public view as proposed on the site plan or as necessary to provide adequate screening from public view. 

4. This IUP is issued to Ryan and April Boogren and shall expire with a change in majority ownership of the business or sale of this property.

5. The septic area must be fenced off to avoid the equipment or vehicles to be driven or parked over it.

6. Per the Township’s comments, a 3’ berm must be built between the wetlands and the proposed parking area for the equipment and vehicles. Applicant must work with the Sherburne County Planning and Zoning as to make sure no wetlands are filled.

 7. Applicant must follow the “Screening Plan” outlined in Packet Attachment F. The proposed white pine trees along west side of property must be planted at least 5’ tall and be spaced at least 30’ apart. The proposed arborvitae trees along the driveway must be planted at least 5’ tall and be spaced at least 4’ apart. The proposed arborvitae trees along the Township Road to fill in the void areas must be planted at least 5’ tall. Trees must be planted by June 15,2021 and maintained for the duration of the permit. 

8. Driveway and parking areas must be of durable surface such as gravel to avoid dust and tracking on the streets or erosion to the wetlands/private ditch.

9. The contractor’s yard is limited to a total 20 commercially licensed vehicles.

10. There may be no more than 20 employees on this property.

11. Days and hours of operation shall be M-F from 6:30 am to 5:30 pm.

12. The two (2) lots must be combined, and the lot combination form must be submitted to the County’s Auditor/Treasurer’s Office.

13. Any signage shall comply with the sign ordinance and a sign permit is required.

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

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.

Yes, the property is currently used for agricultural purposes and a portion of the property will continue to be used for that purpose.  The nearest residence is over 460ft away from this proposed business.  Existing screening and the requirement to ensure it is maintained should mitigate impact on neighboring properties.

2. 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. 

Yes, the establishment of this Interim Use Permit will not impede the normal and orderly development of surrounding properties.  The contractors’ yard will meet the setbacks and all performance standards established in the County Zoning Ordinance for a contractors’ yard.  This property is less than a mile from Hwy 169 so it will be close to highway access and an IUP for mini-storage was just approved in this area.

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

Yes, the applicant’s business does not have a need for special utilities and has adequate land for access and drainage.

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 contractor’s yard is on the 23.98 acres so parking will not be an issue.  The applicant has sufficient parking space and will have a class-5 driveway for this business.

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 other lights in such a manner that no disturbance to neighboring properties will result. 

Yes, the isolation of the business being over 460ft from any residential use along with noise, dust, odor and erosion measures have been taken into consideration. Also, the existing and proposed tree coverage will create screening from neighboring properties.   

Preliminary and Final Simple Plat of Schumacher Acres-Cantlin Lake Properties.

Planning & Zoning

Nancy Riddle, Planning & Zoning Administrator

Schmiesing/Fobbe approve Preliminary and Final Simple Plat of "Schumacher Acres" which consists of (3) lots, as recommended by the Planning Advisory Commission, with the following (4) Conditions listed PID # 15-025-3300 and PID # 15-025-3303; Legal Desc:S 1-2 of S 1-2 of SW 1-4 of SW 1-4 (full legal on file); Sec 25, Twp 35, Rge 27. Blue Hill Township; 9.73 acres in the General Rural District.

CONDITIONS:
1. 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.

2. The Sherburne County Public Works Department will require park dedication fees for 2 lots at $800 per lot, totaling $1,600.

3. An Access Permit will be required prior to the access construction and according to Public Works Engineering Standards.

4. Pipeline Company shall be notified by the applicant of the proposed driveway crossing. The County shall be provided written acknowledgement from the Pipeline Company, that the developer has been given permission to cross their easement along with the driveway specification requirements. 

Consider Interim Use Permit (IUP) for Application for Home Business in Accessory Building-Antiques and Furniture-Carol Gordon.

Planning & Zoning

Nancy Riddle, Planning & Zoning Administrator

Dolan/Burandt unanimous to consider Interim Use Permit (IUP) Application by Carol Gordon for a Home Business in an Accessory Building-Antiques and Furniture, with the following (13) Conditions and Findings of Fact as recommended by the Planning Advisory Commission; PID # 35-015-2100; Legal Desc: W 1-2 of W 1-2 of NE 1-4 of NW 1-4 (full legal on file); Sec 15, Twp 34, Rge 27, Orrock Township; 10 acres in the General Rural District.

CONDITIONS: 
1. The applicant shall comply with all local, state and federal laws.

2. The applicant shall also work with the Fire Marshal to determine capacity for fire code.

3. A building permit is required from the Planning and Zoning Department for any alteration to the existing building and must meet commercial code, if applicable.

4. All unused paint/varnish shall be disposed of properly.

5. The applicant shall have parking for the business area delineated on the property. No parking

is allowed on the County Road.

6. Hours are Friday – Sunday 10AM – 5PM.

7. All exterior lighting shall be directed away from the public right-of-way or neighboring properties.

8. All activities must be conducted within the Accessory Building.

9. There may be one non-illuminated sign totaling no more than 12 sq. ft. in size located on the property, but outside of the public right-of-way.

10. The IUP is issued to Michael and Carol Gordon and shall expire with a change in ownership of the property.

11. Excessive noise, glare, odors, traffic or other nuisances may be justification for the County to revoke or modify the terms of the IUP.

12. The property owner shall permit the County to inspect the property during normal business hours.

13. Fire suppression to be addressed with the fire chief (fire extinguishers).

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. 

Yes, the proposed use is an antiques and furniture store and it is not anticipated to diminish and impair values within the immediate area. All activities will take place within the accessory structure. No additional noise is anticipated.

2. 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.

Yes, the area is heavily wooded and there are already homes on the adjacent properties.

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 a normal residence would require.

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 applicant has enough parking space to accommodate the proposed use.

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, it is not anticipated to cause offensive odor, fumes, dust, noise and vibration to the immediate area. All activities will be conducted in the accessory building. 

Recess Regular Meeting, Break

Reconvene Regular Meeting

Introduce Sherburne County Mental Health Action Team (MAT).

Health & Human Services

Amanda Larson, J Hancuch, Community Corrections Department Head, Kathleen Heaney, County Attorney

HHS Director Amanda Larson presented the group's mission, purpose, and introduced its members; County Sheriff Joel Brott, County Attorney Kathleen Heaney, and Community Corrections Director J. Hancuch. Group members each presented the Board with their own testimony pertaining to MAT. 

Proclamation of May as Mental Health Month.

Health & Human Services

Victoria Johannes, Social Services Supervisor

Fobbe/Burandt unanimous to approve Proclamation of May 2021 as Mental Health Month in Sherburne County. Social Services Supervisor Victoria Johannes shared mental health statistics within Sherburne County and a success story from the Adult Mental Health Unit. Children Mental Health Social Worker Kaylie Lira shared a success story with the Board from the Children's Mental Health Unit.

Reclassification of Office Assistant to Administrative Assistant I (Assessor's Office).

Assessor

Michelle Moen, County Assessor

Fobbe/Burandt unanimous to approve the reclassification of the current Office Assistant to Administrative Assistant I in the County Assessor's office. The reclassification will impact the 2021 budget by approximately $1,500.

Letter to the Elk River Landfill Regarding Certificate of Need for Cell 20.

Planning & Zoning

Dave Lucas, Solid Waste Administrator

Schmiesing/Dolan unanimous to approve and authorize the County Board Chair to sign a response letter to the Elk River Landfill regarding its request for Certificate of Need for Cell 20 with the addition to carbon copy the MPCA. (On file.)

Special Hauling Permits Pursuant to Minn. Stat. § 169.869.

Public Works

Andrew Witter, Public Works Department Head

Dolan/Schmiesing unanimous to authorize the County Public Works Director to Issue Special Hauling Permits pursuant to Minn. Stat. § 169.869 to within 1 mile of US 10, TH 24, TH 25, and TH 169.

Reappointment of County Engineer.

Administration

Bruce Messelt, County Administrator

Fobbe/Burandt unanimous to approve reappointment of County Engineer Andrew Witter to a four-year term, effective May 17th, 2021 through May 16th, 2025, pursuant to Minn. Stat. § 163.07, Subd. 2.

Changes to Zoning Ordinance Regarding Board of Adjustment.

Planning & Zoning

Tim Sime, Asst. County Attorney, Nancy Riddle, Planning & Zoning Administrator

Dolan/Burandt approved with a 3-2 vote on proposed changes to Zoning Ordinance regarding the Board of Adjustment and forward the same for a Public Hearing by the Planning Advisory Commission, as recommended by the Board of Adjustment Subcommittee. Proposed Ordinance changes are on file. A roll call vote was as follows: Commissioner Schmiesing - Nay, Commissioner Fobbe - Nay, Commissioner Danielowski - Yay, Commissioner Burandt - Yay, Commissioner Dolan - Yay.

Update on COVID-19 Pandemic and County Response.

Administration

Nicole Ruhoff, CHS Administrator

CHS Administrator Nicole Ruhoff provided the Board with a COVID-19 update highlighting testing, positivity, and hospital rates, 14-Day formula and a clinic/vaccine update. Assistant County Administrator Dan weber provided the Board with a Broadband update. Administrator Bruce Messelt informed the Board of conference room updates, particularly that Maple will be back online on June 3rd. 

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

Commissioner Burandt: Fair Board Meeting, IEIC meeting, SCHSAC, Becker High School Public Health & Schools Services mental health services, Elk River Chamber of Commerce, St. Cloud for program on memorial for those lost to COVID

Commissioner Dolan: CMRP Meeting, CMRP Task Force Meeting, NACo Technology & Telecommunications Meeting

Commissioner Fobbe: GRRL Finance Meeting, Empathy & Equity Meeting, CMJTS, AMC Futures, Meeting with New Director of United Way, Tri-Cap Executive meeting, GRRL Audit Meeting, CMJT Joint Powers Training. Princeton Airport Meeting, Zimmerman City Council Meeting, Met with the Commissioner of Transportation

Commissioner Schmiesing: Nothing to report. 

Commissioner Danielowski: CMRP, Discussion with Dave Roedel Meeting and County 43 landowners, Election Discussion with Diane Arnold and Bruce Messelt, Met with Brian Gibson of St. Cloud APO, Water Plan Advisory Committee Meeting, Peer Review Meeting

Adjourn Regular Meeting, Recess

Reconvene, Open Workshop

Adjourn Workshop Meeting

/s/ Raeanne Danielowski, Board Chairperson                       

/s/ Bruce Messelt, Administrator

(Published in the Patriot: 05/22/21).