Call to Order

The Sherburne County Board of Commissioners convened in regular session on August 3, 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 Fobbe was absent and Commissioner Schmiesing was present via WebEx but was not voting.

Moment of Silence and Pledge of Allegiance

Approval of Regular Meeting Proposed Agenda

Burandt/Dolan unanimous to approve the Regular Meeting Agenda as amended with the addition of regular item #11 Staff Appreciation Resolution 080321-AD-2057 and remove item 2.16 from the Consent Agenda to the Regular Agenda. 

Consent Agenda

Dolan/Burandt were unanimous to approve the Consent Agenda as amended with the removal of item 2.16.

Approved Regular Meeting Minutes: July 15, 2021.

Approved Workshop Meeting Minutes: July 15, 2021.

Transfer of YES (Year End Savings) Funds to Fund Additional Workers Compensation Self Insurance Costs.

Administration

Dan Weber, Assistant County Administrator

Approved the transfer of YES (Year End Savings) Funds to Fund Additional Workers Compensation Self Insurance Costs. Total amount to be transferred is $216,279.60. 

Commissioner & Manual Warrants.

Auditor / Treasurer

Diane Arnold, Auditor/Treasurer

Approved the payment of Commissioner & Manual Warrants as follows:

July 8, 2021  Manual Warrants BMO Harris Pcard June 2021  $53,831.55    
July 9, 2021  Commissioner Warrants   $1,507,494.93    
July 9, 2021  Commissioner Warrants 2  $10,218.00    
July 9, 2021  Manual Warrants Final P1 Settlement  $4,174,064.05    
July 16, 2021  Commissioner Warrants  $479,836.33    
July 16, 2021  Manual Warrants  $10,414.89    
July 19, 2021  Commissioner Warrants $8,518.05    
July 23, 2021  Commissioner Warrants  $1,319,837.96    
July 23, 2021  Manual Warrants  $13,285.36  

Increase in the Local Public Health Grant Award.

Health & Human Services

Nicole Ruhoff, CHS Administrator

Approved to accept a grant increase form the Minnesota Department of Health in the amount of $58,874 to perform core prevention services mandated through statute, effective 1/1/21 to 12/31/21. 

HHS 2nd Quarter Donations.

Health & Human Services

Amanda Larson, HHS Director

Approved HHS 2nd Quarter Donations in the amount of $322.15. (On file.)

Proclamation of August 2021 as Child Support Awareness Month.

Health & Human Services

Amanda Larson, HHS Director

Approved to proclaim August 2021 as Child Support Awareness Month. 

HHS IFS Admin Deb 6-18-21.

Health & Human Services

Amanda Larson, HHS Director

Approved the payment of HHS IFS Admin Warrants as follows:
June 18, 2021 HHS IFS Admin Warrants $49,061.85

HHS IFS Admin Deb 7-23-21.

Health & Human Services

Amanda Larson, HHS Director

Approved the payment of HHS IFS Admin Warrants as follows:
July 23, 2021 HHS IFS Admin Warrants $41,574.54 

AFSCME Council 65 Assistant County Attorney MOU on PTO Accrual.

Human Resources

Tammy Bigelow, HR Director

Approved a Memorandum of Understanding with AFSCME Council 65 on PTO Accrual for Assistant County Attorney III Elisabeth Spilde. (On file.)

County Submission to MPCA of 2022 Low Income Septic Grant Application.

Planning & Zoning

Lynn Waytashek, Assistant Planning & Zoning Administrator

Approved the Planning and Zoning Department's application to the Minnesota Pollution Control Agency (MPCA) for the 2022 Low Income Subsurface Sewage Treatment System (SSTS) grant for a maximum of $40,000.

Lowest Responsive Bidder for CSAH 13, SP 71-613-012.

Public Works

Andrew Witter, Public Works Department Head

Approved the Lowest Responsive Bidder, New Look Contracting Inc. in the amount of $3,235,324.50, for the reconstruction of CSAH 13 from Line Avenue to Tyler Street in 2021, Project No. SP 71-613-012, contingent upon approval of the Contractor's DBE goal from the MN Office of Civil Rights.

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

Public Works

Andrew Witter, Public Works Department Head

Approved a second amendment to an agreement with Bolton & Menk in the amount of $270,229 for County State Aid Highway 13 to add Construction Phase Services. (On file.)

Agreement with TDKA in the Amount of $278,855 to provide Design Engineering Services for the Reconstruction of County Road 44 in the City of Elk River.

Public Works

Andrew Witter, Public Works Department Head

Approved an agreement with TDKA in the amount of $278,855 to provide design engineering services for the reconstruction of County Road 44 from Hwy 10 to CSAH 1 in the City of Elk River. (On file.)

Temporary Staff Over-Strength in Sheriff's Office.

Sheriff

Joel Brott, County Sheriff

Approved an over-strength of the Administrative Assistant I - Records position in the Sheriff's Office for no more than one month. 

Cost Share Agreement with the City of Elk River for Reconstruction of CSAH 13.

Public Works

Andrew Witter, Public Works Department Head

Approved a Cost Share Agreement between Sherburne County and the City of Elk River for improvements to CSAH 13. Term of this agreement shall commence on August 3, 2021 and terminate on the date that the project has been completed, as determined by the County. (On file.)

CVSO Operational Improvement Grant - FY 2022.

Veteran's Services

Bruce Price, Veteran’s Service Officer

Approved and accepted a $15,000 Operational Improvement Grant from the State of Minnesota Department of Veterans Affairs for the Veterans Services Transportation Program. Term shall follow the  State Fiscal Year of July 1st, 2021 - June 30th, 2022. 

Donation of $500.00 of​​​​​ Coborn Gift Cards from Big Lake Legion Auxiliary Unit 147.

Veteran's Services

Bruce Price, Veteran’s Service Officer

Approved the acceptance of $500.00 of Coborn gift cards donated by Big Lake Legion Auxiliary Unit 147, to be given to veterans and/or their family who are struggling financially. 

Donation of $500.00 Gas Cards from Big Lake Beyond the Yellow Ribbon.

Veteran's Services

Bruce Price, Veteran’s Service Officer

Approved and accepted $500 in gas cards donated by Big Lake Legion Beyond the Yellow Ribbon, to be given to veterans and/or their family who are struggling financially. 

Kevin Davis to Attend the 2021 National Roadeo Competition, September 28 - October 1, 2021 in Loveland, Colorado.

Public Works

David Roedel, Assistant Public Works Director and Tanner Anderson, Highway Maintenance Supervisor

Authorized Kevin Davis to attend the 2021 National Roadeo Competition, September 28 - October 1, 2021 in Loveland, Colorado. Tanner Anderson was introduced by Dave Roedel.

Announcements

General Correspondences.

Administration

Bruce Messelt, County Administrator

County Administrator Bruce Messelt reminded the Board that tonight is National Night Out, there is an Ice Cream Social will be held today from 11:45am - 1:15 pm recognizing staff for their work during COVID-19, and of the Budget Workshops on Thursday, August 5th and Friday, August 6th. County Attorney Kathleen Heaney informed the Board that county offices of Health & Human Services, Sheriff and Attorney's are hosting the 4th Annual Faith Community Outreach Event on August 11th at 10:00am. The focus of the event will be mental health and substance abuse trends.

Update on 2022-24 Federal and State Lobbyist Request for Proposals.

Administration

Bruce Messelt, County Administrator

County Administrator Bruce Messelt provided an update on the recently-published Request For Proposals (RFP) and the Board provided direction to staff, as appropriate. Commissioners Danielowski and Burandt volunteered to be present for the interview/selection process regarding contracts for 2022 Legislative Session.

Public Hearing

Public Hearing and Proposed Amendments to the SSTS Low Interest Loan Program Ordinance.

Planning & Zoning

Dave Lucas, Solid Waste Administrator

The Public Hearing opened at 9:19am and closed at 9:20am. No one was present for comment.

Dolan/Burandt unanimous aapprove amending the SSTS Low Interest Loan Program Ordinance (Ord-241) to provide standards for allowing the replacement of water supply wells on the applicants property when necessary to meet setbacks for SSTS replacements or repairs, setting both a maximum and minimum interest rate for loans, and allowing loan proceeds to be used for improvements that have commenced prior to approval of an application under certain conditions, as provided in the proposed ordinance amendment. (On file.)

Open Forum

No one was present.

Regular Agenda

Great River Regional Library 2022 Budget Presentation.

Administration

Karen Pundsack, GRRL Executive Director

Received a presentation by the Great River Regional Library (GRRL) on their 2022 Budget by Executive Director Karen Pundsack and Accounting Coordinator Amy Anderson. Highlighted areas were initiatives coming to the library services, story stroll and the 2022 Budget.

Update on the Retired Seniors Volunteer (RSVP) Program.

Administration

Jennifer Wucherer, RSVP Program Director

Received an update on the Retired Seniors Volunteer (RSVP) Program. Program Director Jennifer Wurcherer presented an update on the AmeriCorps RSVP program that highlighted a breakdown of volunteer hours, health and wellness through volunteerism, and funding updates. Sherburne County Program Coordinator presented an update on Readers Theatre and volunteer opportunities throughout Sherburne County.

Update from the Initiative Foundation.

Administration

Carl Newbanks, Development Manager

Received an update from the Initiative Foundation Grants and Development Manager Carl Newbanks on recent activities and impacts. Newbanks also provided updates on grant making and local non-profits.  

Resolution 080321-AD-2057 for Staff Appreciation Day.

Administration

Bruce Messelt, County Administrator

Dolan/Burandt were unanimous to approve Resolution 080321-AD-2057 proclaiming August 3, 2021 as Staff Appreciation Day. (On file.)

Preliminary and Final Simple Plat of Gullickson Addition - James & Sharon Gullickson.

Planning & Zoning

Lynn Waytashek, Assistant Planning & Zoning Administrator

Dolan/Burandt unanimous to approve Preliminary and Final Simple Plat of "Gullickson Addition", which consists of (2) lots, as recommended by the Planning Advisory Commission, with the following (3) Conditions. PID # 10-110-1100. Legal Desc: N 1-2 of NE 1-4 of Centerline (full legal on file). Sec 10, Twp 33, Rge 27, Big Lake Township. 14.19 acres in the General Rural District and within the Recreational Development Shoreland District of Birch Lake. 

Conditions:

1. Park dedication fees for 2 lots at $800 per lot, totaling $1,600.  Park fees must be paid prior to the Public Works Dept signing the plat mylars.
2. An access permit is required from the Sherburne County Public Works Department for each lot.  
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.

Preliminary Standard Plat of Elk Lake Oaks - N.C. Contracting Inc.

Planning & Zoning

Lynn Waytashek, Assistant Planning & Zoning Administrator

Burandt/Dolan were unanimous to approve "Elk Lake Oaks" Residential Preliminary Standard Plat, consisting of (6) lots, with the (6) Conditions recommended by the Planning Advisory Commission and listed below in the background justification.  PID # 01-031-1112.  Legal Desc: That part of Government Lot 2 (full legal on file). Sec 31, Twp 35, Rge 26, Baldwin Township.  20.37 acres in the General Rural District and within the Natural Environment Shoreland District of Goose Lake and within the General Development Shoreland District of Little Elk Lake.

Conditions:
1. Park dedication fees for six (6) lots at $4,800. Fees are paid to Public Works prior to them signing the final plat mylars. 

2.Must obtain driveway access permits from Baldwin Township and Sherburne County Public Works Department prior to driveway construction.   

3.The individual(s) who hold the driveway easement will need to sign off on the plat or consent as they are interest holders.

4.An NPDES permit must be submitted to the Zoning Department prior to any land disturbing activities connected to this plat.  

5.A Stormwater and Erosion Control Permit from the Planning and Zoning Department is required prior to any land disturbing activities connected to this plat. 

6.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.

Preliminary Standard Plat of Sanford First Addition - Sanfords-Liestman LLC.

Planning & Zoning

Lynn Waytashek, Assistant Planning & Zoning Administrator

Dolan/Danielowski were unanimous to approve "Sanford First Addition" Residential Preliminary Standard Plat, consisting of (9) lots, with the (5) Conditions recommended by the Planning Advisory Commission. PID # 01-010-1302. Legal Desc: Parcel A: That part of the Northeast Quarter (full legal on file).  Sec 10, Twp 35, Rge 26, Baldwin Township.  35.79 acres in the General Rural District.

Conditions:
1. Park dedication fees for the 9 new lots at $800 per lot, totaling $7,200. Park fees must be paid prior to the Public Works Dept. signing the plat mylars. 
2. Must obtain driveway access permits from Baldwin Township and Sherburne County Public Works Department prior to driveway construction.   
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. An NPDES permit must be submitted to the Zoning Department prior to any land disturbing activities connected to this plat.  
5. A Stormwater and Erosion Control Permit from the Planning and Zoning Department is required prior to any land disturbing activities connected to this plat.

Preliminary Standard Plat of J and J Meadows - Jon & Jeff Smith.

Planning & Zoning

Lynn Waytashek, Assistant Planning & Zoning Administrator

Burandt/Dolan were unanimous to approve Preliminary Standard Plat of "J and J Meadows", which consists of (5) lots, as recommended by the Planning Advisory Commission, with the following (5) Conditions.  PID # 01-018-2300.  Legal Desc: SW 1-4 of NW 1-4 (full legal on file).  Sec 18, Twp 35, Rge 26, Baldwin Township.  33.07 acres in the General Rural District.

CONDITIONS:
1. Park dedication fees for the 5 new lots at $800 per lot, totaling $4,000. Park fees must be paid prior to the Public Works Dept. signing the plat mylars. 
2. Must obtain driveway access permits from Baldwin Township and Sherburne County Public Works Department prior to driveway construction.   
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. An NPDES permit must be submitted to the Zoning Department prior to any land disturbing activities connected to this plat.  
5. A Stormwater and Erosion Control Permit from the Planning and Zoning Department is required prior to any land disturbing activities connected to this plat.

Amendment to the Sherburne County Comprehensive Land Use Map from Agricultural to Rural Residential and Related Amendment to the County Zoning Map from Agricultural District to Shoreland Residential District for PID # 40-034-1101 - John Walker.

Planning & Zoning

Lynn Waytashek, Assistant Planning & Zoning Administrator

Dolan/Burandt were unanimous to approve amending the Sherburne County Comprehensive Land Use Map from Agricultural to Rural Residential and Amend the County Zoning Map from Agricultural District to Shoreland Residential District, as requested by Mr. John Walker, Applicant. PID # 40-034-1101, as recommended by the Planning Advisory Commission.  Legal Desc: That part of the NE 1-4 of the NE 1-4 (full legal on file). Sec 34, Twp 35, Rge 29, Palmer Township.  10.5 acres in the Agricultural District and within the Recreational Development Shoreland District of Rush Lake.

Findings:
1. Is the proposed rezoning consistent with the Comprehensive Plan? 
Yes, the Comprehensive Land Use Map can be amended to allow for Rural Residential and the applicant is pursuing that option.  
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 currently has a house on it and single-family housing is a permitted use in the Shoreland Residential 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. Neighboring lands are currently zoned Agricultural and Shoreland Residential and within the Shoreland Overlay District of Rush Lake, which have smaller permitted uses like single family housing.  
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 change in use is not expected to have an impact on existing 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? The proposed use of a single-family house will not adversely impact natural resources.   Any future 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, not that he is aware of.
7. Does the property have sufficient size and physical characteristics to permit a reasonable use under the current zoning district? Yes.  This is a 10 -acre parcel and any future development of this parcel will require permits from Sherburne County and Palmer Township 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?
This property is currently divided into two noncontiguous lots by 57th Street. The west side is currently being used for a single-family residence while the land on the east side is vacant. There appears to be adequate space to subdivide the land on the east side of 57th Street and maintain compliance with the regulations in the Shoreland Residential Zoning District.
Palmer township would not be in favor.
9. The motion carried unanimously and the request to Amendment the Sherburne County Comprehensive Land Use Map from Agricultural to Rural Residential and to Amend the County Zoning Map from Agricultural District to Shoreland Residential District is recommended for approval to the County Board with the Findings.

Adoption of Sherburne County ARPA Guidelines and Procedures.

Administration

Dan Weber, Assistant County Administrator

Burandt/Dolan were unanimous to approve and adopt the Sherburne County Guidelines and Procedures for use of ARPA local fiscal recovery funds. (On file.)

Appointment of Interim Planning and Zoning Administrator and Update on Department Leadership Transition.

Administration

Bruce Messelt, County Administrator

Dolan/Burandt were unanimous to approve the appointment of Ms. Lynn Waytashek as Interim Planning and Zoning Administrator and received an update on and provided direction regarding Department Head recruitment, selection and leadership transition. County Administrator Bruce Messelt provided an update on the job posting of the Planning & Zoning Administrator and the hiring process that will be followed. 

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

Commissioner Dolan - Joint Meeting Board & Elk River City Council, CMRP, Magic Fund Meeting,

Commissioner Burandt - Joint Meeting Board & Elk River City Council, Executive Steering Committee meeting, Exec Meeting SCHASAC, Sat in on a virtual meeting on the opioid settlement at state level, Drive Thru RSVP Volunteer Appreciation, Council on Aging Board Meeting,

Commissioner Danielowski - Community Corrections Appreciation Event, Joint Meeting Board & Elk River City Council, CMRP, Executive Steering Committee Meeting

Adjourn Regular Meeting, Open Regional Rail Authority

Adjourn Regional Rail Authority