Call to Order

The Sherburne County Board of Commissioners convened in regular session on November 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 Burandt was absent from the meeting.

Moment of Silence and Pledge of Allegiance

Approval of Regular Meeting Proposed Agenda

Dolan/Schmiesing were unanimous with a 4-0 vote to approve the Regular Meeting Agenda as presented.

Consent Agenda

Fobbe/Dolan were unanimous with a 4-0 vote to approve the Consent Agenda as presented.

Approved County Board Meeting Minutes: November 2, 2021.

Approved County Workshop Meeting Minutes: November 2, 2021

Office Space Lease Agreement with Central MN Jobs & Training Services.

Administration

Dan Weber, Assistant County Administrator

Approved a 1-Year Lease Renewal Agreement for General Office Space with Central Minnesota Jobs and Training. This lease shall begin on January 1, 2022 and shall end on December 31, 2022. Lessee shall pay rent in the amount of $1,500.00.

Oath of Office for Jennifer Clements as the New Assistant Sherburne County Attorney.

Attorney

Kathleen Heaney, County Attorney

Approved the Oath of Office for ACA Jennifer Clements as the new Assistant Sherburne County Attorney. This position is funded by ARPA funding.

Call for Bids for 2022 Publications.

Auditor / Treasurer

Diane Arnold, County Auditor/Treasurer

Authorized the Auditor-Treasurer to publish in the official County newspaper on December 4th, 11th, and 18th a call for bids for the awarding of 2022 publication contract(s).

Auditor - Treasurer Monthly Report for October 2021.

Auditor / Treasurer

Diane Arnold, County Auditor/Treasurer

Accepted the October 2021 Financial Report from the County Auditor-Treasurer.

Commissioner & Manual Warrants.

Auditor / Treasurer

Diane Arnold, County Auditor/Treasurer

Approved Commissioner & Manual Warrants as follows:

October 29, 2021 Commissioner Warrants  $1,364,024.75    
October 29, 2021 Manual Warrants $13,037,975.95    
November 3, 2021 Commissioner Warrants 50% Est School District Payout P2 $1,040,626.17    
November 5, 2021 Commissioner Warrants $550,610.13    
November 5, 2021 Manual Warrants $13,037,590.01  

Date for Closed Bid Forfeited Land Sale.

Auditor / Treasurer

Diane Arnold, County Auditor/Treasurer

Approved the setting of the date for the Closed Bid Tax Forfeited Land Sale, to be held 30 days from the date of notification of adjacent property owners. 

Community Corrections Electronic Monitoring Contract Extension.

Community Corrections

Bobbie Shafer, Supervisor

Approved a contract extension with Minnesota Monitoring to provide electronic monitoring equipment and services for court-ordered juvenile and adult offenders. Original term start date of January 1, 2021 with a new extended term end date of December 21, 2022. (On file.)

Community Corrections Juvenile Evaluations Contract Renewal - Dawn Pequschold.

Community Corrections

Bobbie Shafer, Community Corrections Supervisor

Approved a contract for Dawn Peuschold to complete court-ordered evaluations for juvenile offenders. The term of this Agreement shall commence on November 1, 2021 and terminate on December 31, 2024. (On file.)

Community Corrections Programs Contract Renewal - Doug Bosacker.

Community Corrections

Bobbie Shafer, Community Corrections Supervisor

Approved contract for Doug Bosacker to provide cognitive restructuring and Driving with Care programming for court-ordered juvenile and adult offenders. This Agreement shall commence on January 1, 2022 and terminate on December 31, 2024. (On file.)

Community Corrections Programs Contract Renewal - Nate Parker.

Community Corrections

Bobbie Shafer, Community Corrections Supervisor

Approved a contract for Nate Parker to provide cognitive restructuring and Driving with Care programming for court-ordered juvenile and adult offenders. The term of this Agreement shall be January 1, 2022 and shall terminate on December 31, 2024. (On file.)

Community Corrections Juvenile Evaluations Contract Renewal - Tricia Aiken.

Community Corrections

Bobbie Shafer, Supervisor

Approved a contract for Tricia Aiken to complete court-ordered evaluations for juvenile offenders. This Agreement shall commence November 1, 2021 and shall terminate on December 31, 2024. (On file.)

10-28-21 HHS OBO Warrants.

Health & Human Services

Amanda Larson, HHS Director

Approved HHS OBO Warrants as follows:

October 28, 2021 HHS OBO Warrants $7,184.64

HHS/ADMIN Warrants 11/5/2021.

Health & Human Services

Amanda Larson, HHS Director

Approved HHS Admin Warrants as follows:

November 5, 2021 HHS/Admin Warrants $32,804.61 

Memorandum of Understanding with the Highway Association Regarding Temporary Employee Snowplowing Services.

Human Resources

Tammy Bigelow, Director of HR

Approved a Memorandum of Understanding with the Highway Association regarding Temporary Employee Snowplowing Services. The duration of this agreement is October 15, 2021 through May 1, 2022. (On file.)

Update to County Policy Regarding Personal Cellular Device Reimbursement.

Information Technology

Brian Kamman, IT Director

Approved updating the maximum cellular device reimbursement amount for an employee to not exceed $45 per month. (On file.)

Contract With Waste Management for Waste Removal at the four County Locations.

Maintenance

Steve Becker, Maintenance Department Head

Approved a contract with Waste Management for waste removal services at the four county locations. Contract shall commence January 1, 2022 and terminate on December 31, 2025 with an annual cost of $24,960.00. (On file.)

Amending Solar Farm Decommissioning Escrow Financial Surety to $100,000 per Megawatt.

Planning & Zoning

Lynn Waytashek, Planning & Zoning Administrator

Approved a requirement that all future Solar Farm Interim Use Permits include the condition that the decommissioning financial surety be set at $100,000 per megawatt.

Out of State Travel to Discuss Federal Project Funding with Minnesota's Congressional Delegation, Staff and Executive Branch Representatives.

Public Works

Andrew Witter, Public Works Department Head

Authorized Andrew Witter and Gina Hugo to travel to Washington, D.C. to discuss federal project funding opportunities with Minnesota's Congressional Delegation, staff, and Executive Branch Officials. Estimated total cost of $793.28.

CR 53 - Amendment #1 for Grant Contract #TEDI-19-0001-O-FY20.

Public Works

Andrew Witter, Public Works Department Head

Approved Amendment #1 for Grant Contract #TEDI-19-0001-O-FY. Contract original start date of December 18, 2019 with an extended expiration of December 31, 2023. Total contract amount of $950,000.00. (On file.)

Resolution No. 111621-AD-2074 for the Five Year Bridge Replacement Plan Dated May 5, 2020.

Public Works

Andrew Witter, Public Works Department Head

Approved Resolution No. 111621-AD-2074 amending the County's Five Year Bridge Replacement Plan, dated May 5, 2020., or when Local Bridge Bond Funding becomes available from the State of MN. (On file.)

Donation to the Sheriff's Office.

Sheriff

Joel Brott, County Sheriff

Approved a $50.00 donation made to the Sheriff's Office by Tim & Sharon Leider of Baldwin Township.

Announcements

County Information and Board Correspondence.

Administration

Bruce Messelt, County Administrator

County Administrator Bruce Messelt updated the Board on the roof work, new door installation at Door A, plow season, legislation trip to Washington, D.C., Legislative Breakfast and priorities, and State lobbyist virtual visits.

Open Forum

Bret Collier of Big Lake discussed County Road 43 and it’s washboard finish compared to other roads in the surrounding area. Auditor Treasurer Diane Arnold, provided the Board with an update on the Riverbend Second Addition.

Regular Agenda

Conditional Use Permit for Personal Storage Structure - Caryn Cruz.

Planning & Zoning

Lynn Waytashek, Planning & Zoning Administrator

Schmiesing/Fobbe were unanimous with a 4-0 vote to approve the Conditional Use Permit Application by Caryn Cruz for Personal Storage Structure, with the (5) Conditions and Findings of Fact recommended by the Planning Advisory Commission; PID #30-021-2105; Legal Desc: E ½ of NE ¼ (full legal on file). Sec 21, Twp 34, Rge 26, Livonia Township.  20 acres in the General Rural District.

Conditions:
1. The applicant must obtain a building permit and comply with County’s Zoning Ordinance and the 2015 Minnesota State Building Code.
2. The Personal Storage Structure cannot be used for any business purpose.
3. The Personal Storage Structure is not permitted to have plumbing or a floor drain.
4. The size and location of the Personal Storage Structure should not impede the placement of a future home, or primary and secondary septic system.
5. The maximum height of the structure is 25 feet from the ground to the peak.

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 a personal storage structure. It is not anticipated to diminish and impair values within the immediate area.  
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 proposed use will be used as a horse shelter. There is enough property to accommodate space for a future house and septic if desired.  
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 sufficient 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. It will be used as a shelter for horses. 

Preliminary and Final Simple Plat of Walker Estates - John Walker.

Planning & Zoning

Lynn Waytashek, Planning & Zoning Administrator

Schmiesing/Fobbe were unanimous with a 4-0 to approve the Preliminary and Final Simple Plat of "Walker Estates" consisting of (2) Lots, as recommended by the Planning Advisory Commission, with the (4) Conditions; PID #40-034-1101; Legal Desc: That Part of the NE 1-4 (full legal on file). Sec 34, Twp 35, Rge 29, Palmer Township; 10.5 acres in the in the Shoreland Residential District, and within the Recreational Development Shore Land District Overlay of Rush Lake.

Conditions:

1. Park dedication fees for 1 lot are $800.00.  Park fees must be paid prior to the Public Works Dept signing the plat mylars.
2. As shown on the Preliminary Plans, access to Lot 1, Block 2 shall be off of 57th Street SE.
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.
4. In accordance with Section 8 (Simple Plats), Subdivision 2.E. (Restrictions) Lot 1, Block 2 may not be subdivided within two years of County Board approval of the Final Plat.  

Preliminary and Final Simple Plat of Hartkopf Number One - Kathy & Jim Hartkopf.

Planning & Zoning

Lynn Waytashek, Planning & Zoning Administrator

Schmiesing/Fobbe were unanimous with a 4-0  to approve Preliminary and Final Simple Plat of "Hartkopf Number One" consisting of (1) lot, as recommended by the Planning Advisory Commission, with the (4) Conditions; PID #20-106-4000; Legal Desc: That part of the Southeast Quarter (full legal on file). Sec 6, Twp 34, Rge 29, Clear Lake Township.  63.91 in the Agricultural District and within the Natural Environment Shoreland Overlay District of Unnamed Lake 71012001.

Conditions:
1.An access permit is required from the Sherburne County Public Works Department. 

2.In accordance with Section 8 (Simple Plats), Subdivision 2.E. (Restrictions) the remaining 46.84-acre parcel may not be subdivided within two years of County Board approval of the Final Plat.  

3.The remaining 46.84-acre parcel must be recorded at the same time as the Final 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.

Consider Request to Rezone from Industrial to Commercial - World of Wheels Properties, LLC.

Planning & Zoning

Lynn Waytashek, Planning & Zoning Administrator

Schmiesing/Dolan were unanimous with a 4-0 vote to approve the Rezoning of 3.37 acres from Industrial to Commercial, as recommended by the Planning Advisory Commission and with the recommended Findings, for PID # 10-323-1401 and 10-323-1406; Legal Desc: That part of the SE 1-4 (full legal on file).  Sec 23, Twp 33, Rge 28, Big Lake Township.  3.37 acres in the Industrial District and Within the Natural Environment Shoreland Overlay District of Beulah Pond.

Findings: 

1.   Is the proposed rezoning consistent with the Comprehensive Plan?

Yes.  The Comprehensive Plan, Figure 9.15 Future Land Use map identifies this property as Business and Industry and commercial zoning is compatible with that land use.

2. Is the current use of the property a permitted use within the proposed zoning district, or will the rezoning create a non-conforming use?
Yes, the property is noncompliant without an approved Interim Use Permit.  The applicant is working with the County to obtain the necessary permits to ensure the property is compliant with the uses permitted in the new zoning district. 
3. Will permitted uses within the proposed zoning district be injurious to health or interfere with the comfortable enjoyment of life or property within the vicinity?

No. Adjacent lands are currently zoned Industrial and the proposed use of the property will be consistent with historic use of the property.  All residential areas are over 950 feet away.  
4. How will public services (e.g. transportation, schools, parks, and police/fire) be impacted by the proposed rezoning? Will permitted uses within the proposed zoning district adversely impact or overburden existing public service capacity?

No, the Comprehensive Land Use Maps for Big Lake Township have identified this land for Business and Industry. The site has historically been used as an auto dealership/repair business.  MnDOT has expressed it is a compatible use similar to the previous auto dealer, MnDOT does not have any comment or issue with this development.  Based on this information it is not anticipated this will have an adverse impact on public services.  
5. Is the proposed rezoning located in an area that has the potential to adversely impact natural resources such as surface water, groundwater, or wetlands, or sites identified for rare biological species habitat?

A small portion of the eastern side of the property is within a Shoreland District of a Natural Environment Lake Beulah Pond which is over 980ft from this property. There are several vacant parcels that separate this lot from that body of water.  There are no wetlands on this property.  Any further development of the property will require permits from Sherburne County Planning and Zoning and all development must comply with all zoning, subdivision and stormwater regulations.           

6. Does the proposed rezoning have the potential to impact ecologically sensitive or historically significant areas?

No, the property has been used for a commercial/industrial use for the past 30 years and there is no ecological sensitive or historic features on this property. 

7. Does the property have sufficient size and physical characteristics to permit a reasonable use under the current zoning district?

Yes.  This is a 3.37-acre parcel and any future development of this parcel will require permits from Sherburne County and will be required to comply with all zoning, subdivision and stormwater regulations.
8. Any other factors that may be relevant to determining whether the proposed rezoning is appropriate?

No, this property is currently zoned Industrial and the County’s Comprehensive Land Use Map shows this land as Business and Industry.  The expectation for this parcel from the County and the Township is that it will be used for business and industry as it has historically been.     

Consider Interim Use Permit (IUP) Application for Business Selling Vehicles, Boats, Farm Equipment-Auto Repair, Tire and Auto Accessory Sales - World of Wheels Properties, LLC.

Planning & Zoning

Lynn Waytashek, Planning & Zoning Administrator

Fobbe/Dolan were unanimous with a 4-0 vote to approve updates to the Sherburne County Cremation and Funeral Policy, including an increase in allowances.  (On file.)

Conditions:

1. A building permit is required from the Planning and Zoning Department.  All building plans must be prepared by an architect or engineer to certify the structure complies with MN Building Code and the American Disability Act requirements.  

2. If additional improvements are made to the parking lot the applicant is required to submit a stormwater and draining plan that complies with both County (Zoning Ordinance Section 17.1) and Township drainage requirements.   A Stormwater and Erosion Control Permit from the Planning and Zoning Department is required prior to any land disturbance.    

3. The applicant shall maintain a Dealer’s License from the MN Dept. of Public Safety and comply with all license requirements.  All Dealer License forms must be signed off on by the Planning and Zoning Department and pay the Vehicle Dealer License Signage fee established in the County Fee Schedule.    

4. Vehicles for sale or stored on the property shall be limited to passenger vehicles and light-duty trucks.

5. Adequate off-street parking shall be available for business use.  At a minimum, (1) parking stall shall be provided per 250 sq. ft. of office space floor area and (5) parking stalls per 1,000 sq ft of floor area per Sect 17, Subd 2(10K &M) of the Zoning Ordinance; and (5) parking stalls shall be assigned to each auto dealership per MN Statute 168.27, Subd 10.   Each stall shall be 9” X 18” and signed according to the assigned business.  

6. There shall be a maximum of 233 vehicles stored outside on the property.  The applicant must provide 22 parking spaces for customers.

7. No vehicle shall be parked within the 10’ parking/driveway setback from the property line.

8. There shall be a maximum of 24 independent auto dealers. Two of the dealers may operate an independent auto repair shop from this building. 

9. Mechanical vehicle repair, auto body repair are permitted.  Painting of vehicles is not permitted.  

10. If any vehicle is brought on-site leaking fluids, fluids must be promptly drained and properly disposed.  The business shall maintain a Hazardous Waste Generator license if required by the MPCA.

11. There shall be no miscellaneous vehicle parts stored outside.  All business activities related to auto repair shall conducted within building. 

12. Vehicles with body damage shall be stored in an area screened from view of the public right-of-way.

13. This interim use permit is not for a salvage yard / wrecking yard defined in the Zoning Ordinance as, an outdoor facility used by a business engaged in the reclamation of parts or materials from vehicles.   

14. All exterior lighting shall be directed away from the public right-of-way.

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

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

17. This IUP is issued to Word of Wheels Properties and shall expire with a change in ownership.

18. A Sign permit must be obtained from the Planning and Zoning Department, the sign is not to exceed 164 sq. ft.

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, it is not anticipated that the proposed use is not injurious and won’t diminish and impair values within the immediate area. Selling vehicles and auto repair are permitted uses with the required permit(s).  
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 proposed use will be the selling of used vehicles and auto repair.  It will not impede the normal and orderly development.  This property has been used as an auto dealership for the past 30 years. 
3. That adequate utilities, access roads, drainage and other necessary facilities have been or are being provided.  
Yes, adequate utilities are provided, access is acceptable to MnDOT, any future improvements to drainage will need to comply with County Stormwater Requirements. 
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 sufficient parking space to accommodate the proposed use in accordance with County and State standards.
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 will not cause offensive odor, fumes, dust, noise and vibration to the immediate area. Adequate parking is proposed, and no painting permitted. 

Consider Updates to the Sherburne County Cremation and Funeral Policy.

Health & Human Services

Gina Anderson, Economic Supports Manager

Fobbe/Dolan were unanimous with a 4-0 vote to approve updates to the Sherburne County Cremation and Funeral Policy, including an increase in allowances. (On file.)

Introduction of Housing Resource Specialist.

Health & Human Services

Amanda Larson, HHS Director

HHS Director Amanda Larson introduced Lori Irwin, the new Housing Resource Specialist in Health and Human Services. Lori provided a brief description of her duties since she has been with the County and provided information on her background. 

Proclamation of November as Adoption Month.

Health & Human Services

Wendy Hendrickson, Social Services Supervisor

Fobbe/Schmiesing were unanimous to approve a Proclamation of November as Adoption Month. Social Services Supervisor Wendy Hendrickson provided a brief update on adoptions in Sherburne County. 

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

Administration

Dan Weber, Assistant County Administrator

Approved the bi-weekly ARPA related expenditures and discussed the Community Resource Recovery grant program guidelines and Resolution as follows:

• Schmiesing/Dolan were unanimous to approve expenses less than $50,000, equaling $73,028.10. (On file.) 
• Dolan/Fobbe unanimous to approve Resolution 111621-AD-2078, adopting the Community Resource Recovery Grant Program. (On file.)  County Staff suggested closing the application period for the grant program on December 31, 2021 and the County Board agreed by consensus.

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

Commissioner Burandt - Absent.

Commissioner Fobbe -  Met with Gina Hugo and Molly Hanson to discuss the Unlock It Program, Elk River Chamber Awards Luncheon, Tri-Cap Executive Meeting, MICA, Central MN Jobs & Training, Government Relations Board, Mentioned Letter from Livonia Supervisors

Commissioner Dolan - Magic Fund, Testified at P.U.C. for Sherco Solar Project, Elk River Chamber Awards Luncheon, Distinctive Iron Ribbon Cutting

Commissioner Schmiesing - Palmer Township Board Meeting, Metropolitan Emergency Services Board Meeting, MICA, MCIT

Commissioner Danielowski - Ribbon Cutting for Great River Federal Credit Union, Elk River Chamber Awards Luncheon, Discussion with Sherburne County Soil & Water, Reminded of Open House for County Road 43 on December 15, 2021. 

Open Community Health Board Meeting

Adjourn Community Health Board Meeting, Break

Reconvene, Open Closed Session

Labor-Negotiation Strategy and Proposals Pursuant to Minn. Stat. § 13D.03, subd. 1 (b).

Administration

Tamara Bigelow, Human Resource Director and Joel Brott, County Sheriff

Discussed Labor-Negotiation position and strategy and provide direction to County staff, pursuant to Minn. Stat. § 13D.03, subd. 1 (b).

Close Closed Session, Open Closed Session

Radiological Emergency Preparedness (REP) Plan and the Emergency Operations Plan (EOP).

Sheriff

Kyle Breffle, Emergency Services Director, Director of Emergency Operations Center

Sherburne County Emergency Services presented the current Radiological Emergency Preparedness (REP) Plan and Emergency Operations Plan (EOP) to the County Board. 

Close Closed Session, Break

Reconvene, Open Workshop

Adjourn Workshop Meeting