Stearns County Board of Commissioners Meeting Regular Session Tuesday, October 19, :00 A.M.

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1 Stearns County Board of Commissioners Meeting Regular Session Tuesday, October 19, :00 A.M. The Stearns County Board of Commissioners Meeting was called to order by Mark Sakry, Chair. Present were Commissioners DeWayne Mareck, Vince Schaefer, Mark Sakry, Leigh Lenzmeier, Don Otte, County Administrator George Rindelaub, Auditor-Treasurer Randy Schreifels and Roxanne Gerads from the Auditor-Treasurer's Office. CONSENT AGENDA: After reviewing the items on the consent agenda motion was made by Commissioner Schaefer, seconded by Commissioner Otte and carried unanimously to approve the following items on the said agenda: Approve minutes from the October 5, 2010 Regular Session and Human Services Board; Approve the minutes from the October 5, 2010 Little Cedar Island Lake Public Hearing; Approve County Attorney Janelle Kendall to attend the 2010 Advancing Rights and Services for Crime Victims Discretionary Grantees Meeting November 16-18, 2010 in Washington DC with funds from the Forfeiture Funds; Approve up to $410 in expenses for County Attorney team building luncheon with funds from the Forfeiture fund; Approve Temporary On-Sale 3.2 Percent Malt Liquor submitted by Lions Club of Clearwater, Minnesota for their event to be held at Warner Lake Park located in Brockway Township effective October 29 31, 2010; Accept Regular and Human Services claims for September 2010 at $9,329,354.07; Approve the extension of out of class pay for E. Gordon Spengler from Chief-Trial Support to Chief Civil Division, Jill Weber from Paralegal to Chief Trial Support, Keli Lemke from Office Specialist IV to Paralegal; Approve the issuance of a RFP for Food Service for the Jail for further information visit ADMINISTRATION GEORGE RINDELAUB, ADMINISTRATOR: Presentation was made by Hugh Knox, Avon City Council, Ray Schmidt, Avon Public Works and Park Board, Art Diedrich, Avon Parks Board and Jodi Austreng-Traut Avon City Clerk regarding the Avon Public Beach Project. Motion was made by Commissioner Mareck, seconded by Commissioner Lenzmeier and carried unanimously to request that the City of Avon/Hugh Knox work with George Rindelaub to explore several funding sources to include but not limited to the Stearns County Park Dedication Fund, Stearns County Townships, Stearns County Soil & Water Conversation District, Grant from Knife River, Stearns County Contingency Fund and the Stearns County Sentence to Serve Program. ATTORNEY OFFICE JANELLE KENDALL, COUNTY ATTORNEY: Presentation was made on consideration of a grant application for Stearns County Domestic Violence Court. Motion was made by Commissioner Schaefer, seconded by Commissioner Mareck and carried unanimously to approve the submission of the grant in the amount of $200,000 under the VAWA S.T.O.P grant for the Stearns County Domestic Violence Court. RECESS MEETING: At 9:45 A.M. Chair Sakry recessed the Regular County Board Meeting to conduct a Human Services Board Meeting. RECONVENE MEETING: Chair Sakry reconvened the County Board Meeting at 10:05 A.M. with Commissioners Mareck, Schaefer, Sakry, Lenzmeier, and Otte present. Also present was the County Administrator, Auditor-Treasurer and Roxanne Gerads from the Auditor/Treasurer's Office ENVIRONMENTAL SERVICES - DON ADAMS DIRECTOR: Presentation was made by Angie Berg, Land Use Division Supervisor on consideration of enactment of Ordinance Number 452 to rezone approximately acres from an Agricultural 40 (A 40) zoning district to a Residential 10 (R 10) zoning district. Motion was made by Commissioner Schaefer, seconded by Commissioner Sakry and carried unanimously to approve the rezoning request to rezone approximately Page 1

2 acres from an Agricultural 40 zoning district to a Residential 10 zoning district and enact Ordinance Number 452. ORDINANCE NUMBER 452 AN ORDINANCE AMENDING STEARNS COUNTY ORDINANCE NUMBER 439 WHEREAS, the Stearns County Board of Commissioners, after a public hearing duly called and held, as required by law, and after due investigation and consideration, find that approving said amendment will be consistent with the Stearns County Comprehensive Plan. THE COUNTY BOARD OF STEARNS COUNTY ORDAINS: Section 1.0 That the following described property in St. Wendel Township is hereby rezoned from the Agricultural 40 (A-40) zoning district to the Residential 10 (R-10) zoning district: See Exhibit A Section 2.0 The Official Zoning Map, on file in the Stearns County Environmental Services Office, Stearns County Administration Center, St. Cloud, Minnesota is hereby amended to change the district boundaries as shown in Exhibit B which is hereby incorporated by reference as though a part of this Ordinance. Section 3.0 This Ordinance shall be in full force and effect after its passage and publication as provided by law. Presentation was made on consideration of a request submitted by Susan Hesse and Richard Brooks revocable trust to rezone approximately 5 acres from an Agricultural 40 district to a Residential 5 district. Motion was made by Commissioner Schaefer, seconded by Commissioner Otte and carried unanimously to approve the request submitted by Susan Hesse and Richard Brooks revocable trust to rezone approximately 5 acres from an Agricultural 40 district to a Residential 5 District and enact Ordinance Number 453. Ordinance Number 453 AN ORDINANCE AMENDING STEARNS COUNTY ORDINANCE NUMBER 439 WHEREAS, the Planning Commission of Stearns County, after a public hearing duly called and held, as required by law, and after due investigation and consideration, has recommended in writing, to the Stearns County Board of Commissioners, that certain boundary changes may be made on the Official Zoning Map; and WHEREAS, the Stearns County Board of Commissioners, after due consideration, find that approving said recommendation will be consistent with the Stearns County Comprehensive Plan. THE COUNTY BOARD OF STEARNS COUNTY ORDAINS: Section 1.0 That the following described property in Collegeville Township is hereby rezoned from the Agricultural 40 (A-40) zoning district to the Residential 5 (R-5) zoning district: Page 2

3 The East Half of the Southwest Quarter of the Northwest Quarter of the Southwest Quarter of Section 36, Township 124 North, Range 30 West, Stearns County, Minnesota Section 2.0 The Official Zoning Map, on file in the Stearns County Environmental Services Office, Stearns County Administration Center, St. Cloud, Minnesota is hereby amended to change the district boundaries as shown in Exhibit A which is hereby incorporated by reference as though a part of this Ordinance. Section 3.0 This Ordinance shall be in full force and effect after its passage and publication as provided by law. Presentation was made on consideration of a one (1) lot plat entitled Opole Acres submitted by James and Joyce Kuklok located in Holding Township. Motion was made by Commissioner Schaefer, seconded by Commissioner Mareck and carried unanimously to approve as recommended by Environmental Services the one (1) lot plat entitled Opole Acres located in Holding Township subject to the following conditions: 1. A Declaration of Restriction will be required stating, in order to protect the two soil treatment areas on each lot for sewage treatment use, they shall be maintained in an undisturbed and natural state. 2. A Subdivision Agreement will be required stating the following: a. Construction site best management practices (BMPs) shall be required during construction of any new structures in accordance with Section 7.5 of Stearns County Land Use and Zoning Ordinance, or successor Ordinance. b. In order to protect them for sewage treatment use, the two soil treatment areas on each lot, as designated on the preliminary plat, shall be staked and roped off prior to any ground disturbing activity on each lot. c. That in order to avoid future impacts to wetlands within the plat of Opole Acres the developer agrees that the deminimus exemption found in Minnesota Rules subpart 8; or successor rules, shall not be sued for the purposes of draining or filling wetlands located within said plat. d. The plat of Opole Acres is located in an agricultural area and the construction, expansion, and operation of animal feedlots and other agricultural uses are permitted in this area. The Developers, therefore, acknowledge that future buyers may be exposed to the sights, sounds, smells, and conditions of modern agriculture. e. The soil borings on the property show evidence of ground water table or redoximorphic features within 6 feet of the natural ground surface. Therefore, the bottom floor elevation for a residential dwelling within the plat of Opole Acres shall be restricted to 1 foot above the ground water table or redoximorphic features or as an alternative, the installation of an engineered groundwater drainage system that adheres to a plan developed by an engineer licensed in the State of Minnesota or an equivalent will be allowed as approved by the Director. f. Access to the plat shall be from 140 th Avenue. The existing field approach on CSAH 17 shall be removed in conjunction with construction on the site including construction of the approach to 140 th Avenue. 3. A Declaration of Restriction is required for the equivalent land area of 32.5 acres. A legal description of the equivalent land area is required. The W ft of the N ½ SW ¼ and the W ft of the N ½ SW ¼ SW ¼ of Section 1 have previously been restricted according to Document No Incorporate County Highway comments (enclosed) 5. Submit a revised preliminary plat showing the following: a. 33 road dedication for 140 th Avenue instead of b. Shift the septic locations so they will be out of the right-of-way of 140 th Avenue Park dedication fee of $250 is required prior to final plat approval. Page 3

4 HIGHWAY - MITCHELL ANDERSON, ENGINEER: Presentation was made on consideration of a resolution officially designating existing CSAH 67 route as a State Aid Segment. Motion was made by Commissioner Schaefer, seconded by Commissioner Otte and carried unanimously to adopt Resolution designation of County State Aid Highway 67 between Oakwood Avenue and Trunk Highway 23 in the City of Richmond. Resolution WHEREAS, it appears to the Stearns County Board of Commissioners that the County State Aid designation of CSAH 67should be revised between Oakwood Avenue and Trunk Highway 23 in the City of Richmond under the provisions of Minnesota Laws. NOW, THEREFORE, BE IT RESOLVED by the Stearns County Board of Commissioners that the road described as follows, to wit: miles of CSAH 67 commencing at the intersection of Main Street and Oakwood Avenue in the City of Richmond, thence southerly approximately mile to Trunk Highway 23, and there terminating. be, and hereby is, revoked as a County State Aid Highway of said County subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED that the road described as follows, to wit: 0.4 mile of CSAH 67 commencing at the intersection of Main Street and Oakwood Avenue in the City of Richmond, thence easterly 0.22 miles to 191 st Avenue, thence southerly 0.18 mile to trunk Highway 23, and there terminating. be, and hereby is, designated as a County State Aid Highway of said County, subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED that the County Auditor is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for his/her consideration, and that upon his/her approval of the revised designation of said road or portion thereof, that same be constructed, improved and maintained as a County State Aid Highway of Stearns County, to be numbered and known as County State Aid Highway 67. Presentation was made on consideration of a local bridge replacement grant agreement for Stearns County. Motion was made by Commissioner Mareck, seconded by Commissioner Otte and carried unanimously to approve the agreement for SAP ; Stearns County Road 186 Bridge Replacement. The consensus by the board was to have a Fall Road tour Tuesday, November 9, 2010 at 9:30 a.m. CLOSED SESSIONS: Motion was made by Commissioner Otte, seconded by Commissioner Mareck and carried unanimously to go into closed session at 10:37 am pursuant to Minnesota Statute 13D.05 Subd. 3(b) to consider and receive legal advice in relation to CV Pobudav. Stearns County. Chair Sakry brought the meeting back into open session at which time motion was made by Commissioner Mareck, seconded by Commissioner Otte and carried unanimously to go back into closed session at 11:13 am pursuant to Minnesota Statute 13D.05 Subd. 3(b) Attorney-Client Privileged Communications with regard to County of Stearns v. Paul Eger, Commissioner MPCA. Chair Sakry brought the meeting back into open session at which time motion was made by Commissioner Otte, seconded by Commissioner Mareck and carried unanimously to go back into closed session at 11:23 am pursuant to Minnesota Statute 13D.05 Subd. 3(c) (3) to consider offers and counter offers by Xcel Energy CapX2020 for purchase of Aerial Easement for a Transmission Line Project Over real property owned by Stearns County, which is located across I-94 from Warner Lake Park. Page 4

5 Chair Sakry brought the meeting back into open session at 11:33 a.m. at which time motion was made by Commissioner Mareck, seconded by Commissioner Lenzmeier and carried unanimously to authorize Denny Kron, Land Management Department Division Director, in the Auditor/Treasurer Office to negotiate the sale of an aerial easement over property located across I-94 from Warner Lake Park. ADJOURNMENT: Motion was made by Commissioner Schaefer, seconded by Commissioner Otte and carried unanimously to adjourn the Stearns County Board of Commissioners Meeting at 11:34 A.M. STEARNS COUNTY HUMAN SERVICES BOARD MEETING TUESDAY, October 19, :45 A.M. The Stearns County Human Services Board Meeting was called to order by Chair Mark Sakry, with Commissioners Mareck, Sakry, Schaefer, Lenzmeier and Otte present. Also present were the County Administrator, Auditor-Treasurer and Roxanne Gerads from the Auditor-Treasurer's office. Human Services Administrator Roma Steil introduced the following presentation: Roma Steil, Human Services Director provided the Board with updates regarding a Public Transportation Agreement. Motion was made by Commissioner Mareck, seconded by Commissioner Otte and carried unanimously to approve the demonstration project with funds of $36,000 from the Human Services fund for a proposed agreement between St. Cloud Metro Transit Commission (MTC), Tri-CAP, Inc. and Stearns County to provide public transportation to/from Service Center and Tri-CAP offices. At 10:05 A.M. motion was made by Commissioner Otte, seconded by Commissioner Schaefer and carried unanimously to close the Human Services Board Meeting. Page 5