BOARD OF COMMISSIONERS
REGULAR MEETING MINUTES
MARCH 14, 2017
The Sherburne County Board of Commissioners met in regular session on March 14, 2017, at the Sherburne County Government Center in the City of Elk River, Minnesota with all Commissioners present. Call to order by the Chair was at 9:00 a.m. followed by a moment of silence and the Pledge of Allegiance to the Flag.
Petersen/Schmiesing unanimous to approve the agenda for March 14, 2017 with the following addition: Discuss potential Legislative Change to the Examiner of Titles Statute.
Fobbe/Dolan unanimous to approve the Consent Agenda as presented as follows:
a) Approve the Regular Board Meeting Minutes of February 21, 2017 as presented.
b) Approve the County Board Workshop Meeting Minutes of February 21, 2017 as presented.
c) Approve the proposal for Commissioning Services submitted by Hallberg Engineering in the amount of $89,000.00 for Government Center Expansion and Renovation Project. Additional work required beyond the defined Scope of Work will be billed on an hourly basis and will not be performed without written approval of owner. Funds to be taken from 44-862-6277 Professional and Technical Services.
d) Approve to set the Truth in Taxation Meeting for Tuesday, December 12, 2017 at 6:00 p.m. in the County Board Room.
e) Approve Payment of Permit Fees to City of Elk River in the amount of $413,369.44 for permit fee, plan check, state surcharge and sewer availability charges for the Building Expansion Project noting the costs are accounted for in the budget and to be taken from 44-862-6801.
f) Acknowledge the 2016 Environmental Certificate and Award presented by Shred-It in recognition of Sherburne Countys efforts and commitment to protecting the environment and preserving natural resources.
g) Approval of Memorandum of Understanding (on file in County Administration) with MNPEA Sheriffs Office Administrative Support Unit on Lump Sum Payments.
h) Authorize the Information Technology Department to contract for Network Consulting services in an amount not to exceed $75,000 noting the contract has been reviewed and approved by the County Attorney.
i) Approve the purchase of two 2017 Ford Fusions off the Minnesota State Contract in the amount of $17,107.72 each ($34,215.44 total plus tax and license) with funds to be taken from the vehicle fleet budget (01-111-111-6660) and additionally approve the sale of a 2007 Chevy Impala fleet vehicle with approximately 118,000 miles and a 2010 Jeep Patriot fleet vehicle with approximately 95,000 miles, with funds from the sales to be deposited into the fleet program budget (01-111-111-5920).
j) Approve Resolution 031417-AD-1767 allowing reimbursement of one half of the amount paid for gopher bounties to participating Sherburne County Towns and Cities not to exceed $.75 per gopher during calendar year 2017, according to MS 348.12.
k) Approve payment to the Township of Livonia for Gopher Bounties report submitted per 2016 Resolution No. 031516-AD-1705 beyond the due date of March 1, 2017. Funds are available in the 2017 budget in account number 01-650.6828 for this reimbursement which totals $195.75 for 261 gophers for the year of 2016 @ $.75 (seventy-five cents).
l) Adopt Resolution #031417-AD-1768 to authorize the Auditor/Treasurers Office to hold a Tax Forfeited Land Sale and authorize County Board of Commissioners signature on the classification certification of forfeited land and appoint the County Assessor to set Minimum Sale Prices of the properties.
m) Approve the Electronic Signature Policy as presented an on file in the Administrative Policy Manual
n) Approve the 2017 Restated Cooperative Agreement (on file in the Health & Human Services Department) to contract for Administrative Services for Non-emergency Medical Transportation (Action #3)
o) Approve proclamation of the month of March 2017 as Registered Dietitian Nutritionist Month
p) Approve proclamation of March 2017 as Developmental Disabilities Awareness Month
q) Approve proclamation of March 2017 as Professional Social Work Month HHS
r) Approve out-of-state travel for a Sheriffs Office employee to attend Labor Law & Labor Arbitration for Law Enforcement training in Las Vegas, Nevada, from June 21 22, 2017. The cost of the training is $550.00 plus hotel and other necessary travel expenses; the funds for this training are accounted for in the Sheriffs Office training budget.
s) Approve request to convert one current part-time Master Control Operator position to full-time status while maintaining two existing part-time Master Control Operator positions noting the change would be covered with non-levy dollars.
t) Accept payment of Manual Warrants/Voids/Corrections paid February 17, 2017 in the amount of $264,415.03
u) Accept payment of Commissioner Warrants paid February 17, 2017 in the amount of $20,756.72.
v) Accept payment of Commissioner Warrants paid February 22, 2017 in the amount of $59.04.
w) Accept payment of Health & Human Services Warrants paid February 23, 2017 in the amount of $86,052.79.
x) Accept payment of Commissioner Warrants paid February 24, 2017 in the amount of $259,062.90.
y) Accept payment of Health & Human Services Warrants paid February 28, 2017 in the amount of $7,761.47.
z) Accept payment of Manual Warrants/Voids/Corrections paid February 24, 2017 in the amount of $7,729.98.
aa) Accept payment of Commissioner Warrants paid February 24, 2017 in the amount of $1,887.54.
bb) Accept payment of Manual Warrants/Voids/Corrections paid February 27, 2017 in the amount of $500,556.43.
cc) Accept payment of Manual Warrants, Voids, Corrections paid February 28, 2017 in the amount of $3,768.50.
dd) Accept payment of Commissioner Warrants paid March 3, 2017 in the amount of $876,445.36.
Dolan/Fobbe unanimous to approve expense claims, submitted by Commissioners as follows, with the stipulation that each Commissioner abstains from approving his/her own claim. Dolan/Schmiesing to approve Commissioner Fobbes expense claim as amended noting a column on the claim did not get entered into the total. Commissioner Burandt $435.00; Commissioner Petersen $567.21; Commissioner Dolan $1,100.10; Commissioner Fobbe $891.63.
Announcements: Sheriff Brott was present to provide information on the tornado that touched down in Sherburne County on March 6th. Kyle Breffle, Emergency Services Director stated this is the earliest confirmed tornado in Minnesota history and affected the Ann Lake and Elk Lake areas as well as Blue Hill Township. There were no injuries or fatalities reported. He reviewed that a Declaration of Emergency resolution was done on Tuesday and that the County is working with local officials to get damage estimates. Joe Shannen, Patrol Deputy, provided a progress review on clean-up. Sheriff Brott complimented all who responded to this emergency.
Open Forum: There was no-one present for the Open Forum.
Steve Taylor provided information on a potential Legislative Change to the Examiner of Titles Statute. The request is to add Sherburne County as an exempt County from the requirement of hiring an examiner of titles as a County employee because Sherburne Countys population exceeds 75,000 residents; State Statute 508.12. Schmiesing/Petersen unanimous to approve County Board support of the proposed change to MN Statute 508.12 adding Sherburne County as an exempt County from the requirement to hire an Examiner of Titles as a County employee.
J. Hancuch, Community Corrections Director, was present to announce that on March 3, 2017, Bobbie Shafer, Community Corrections Supervisor, was the recipient of Minnesota Association of Community Corrections Act Counties Outstanding Supervisor Award. The Board congratulated Ms. Shafer on receipt of this award.
At 9:25 a.m., the Chair opened a Public Hearing on Tax Abatement request for Zablocki Roofing, Inc. Comments were heard from Mr. Zablocki, owner of the company. He provided background information on his company. There being no further comments from the public, the Public Hearing was closed at 9:30 a.m. Fobbe/Schmiesing unanimous to adopt Resolution #031417-AD-1769 approving Tax Abatement and Business Subsidy Agreement for Zablocki Roofing, Inc. in the amount of $50,500 over a ten year period to aid in the construction of a new 15,500 sf facility contingent on County Attorney approval.
Mary Jo Cobb, Health & Human Services Director, provided an update on Child Protection withhold dollars, Court of Appeals Decision, and Campership Grant. No action taken.
Mary Jo Cobb, Health & Human Services Director, was present to discuss reorganization of Health and Human Services. Fobbe/Schmiesing unanimous to approve Health and Human Services Reorganization effective May 1, 2017, as follows:
To reclassify the Public Health Nurse Supervisory/CHS Administrator (pay grade 19 to Public Health Nursing Supervisor (pay grade 17)
To reclassify the Lead Social Services Supervisor (pay grade 19) to Social Services Manager (pay grade 20)
To reclassify the Administrative Services Supervisory (pay grade 16) to HHS Manager/CHS Administrator (pay grade 20)
To create a new Social Services Supervisor position (pay grade 17)
The Board commended the efforts of Mary Jo and staff in developing this plan and encouraged her to report back on how things are going. Mary Jo informed the Board that the management team in HHS will be discussing a strategic plan at their meeting this week. Once developed, it will be presented to the Board at a Workshop Meeting.
Chris Clark, President, Xcel Energy – Minnesota, South Dakota and North Dakota, was present to give an Xcel Energy update. He provided information on Xcel Energy-Minnesota, Economic Development, Powering Minnesotas Energy Future, Xcel Energys Plan, the energy mix for the upper Midwest, and the economic value of wind energy. No action taken.
Nancy Riddle, Planning and Zoning Administrator, was present to discuss the request for an Interim Use Permit by Knife River Corporation to expand Mining Operation. Commissioner Dolan requested that an end date be included as a condition for this I.U.P. Schmiesing/Petersen unanimous to approve an Interim Use Permit (I.U.P.) to expand mining operation from 7 acres to 26 acres. Activities include mining, mining into the water, crushing, washing, screening, stockpiling and hauling of aggregate materials. Legal Desc: NE1/4 of SW1/4 and N1/2 of NW1/4 of SE1/4 plus easement (full legal on file) Sec 15, Twp 33, Rge 27 Big Lake Township General Rural District, as requested by Knife River Corporation (John Herbert Stommes is property owner), as recommended by the Planning Commission with the following conditions:
1. The two conditional use permits for gravel mining issued to PID 10-115-4200 (Permit #6187) and 10-115-3100 (Permit #7362) are to be revoked at the request of the property by the owner.
2. An Annual Review for Compliance will be conducted in January of each year by Zoning Staff. If the conditions of the permit have not changed, and no complaints or concerns have been filed, the mine will be determined to be compliant once the annual fee is paid. If the conditions of the permit have changed and/or if it is determined by the County the mine is noncompliant, the applicant will be advised to attend a public hearing with all associated costs being borne by permit holder for further review or amendment. This is not an exclusive remedy.
3. The annual fee for the permit shall be based on the current per acre fee set by the County Board in the annual fee schedule.
4. No more than 27 acres can be open at any time. Open is defined as an area striped of is natural vegetation or not reclaimed. This includes but is not limited to stockpiling of materials, crushing spreads and roads. During Zonings Annual Review for Compliance Knife River will provide the County with Global Positioning Satellite (GPS) data to determine if the open acreage is in compliance with the 27 acre requirement.
5. A staff gauge must be installed in Wetland Basin 1, as identified in the Wetland Conservation Act – Notice of Decision dated 10/24/2016. Water levels must be reported monthly to Zoning Staff by Knife River during the growing season. Impacts to wetlands, per the Wetland Conservation Act Rules, Chapter 8420, are not allowed.
6. The permit holder shall secure and maintain commercial liability insurance for the duration of the permit and shall provide the County with a copy of its certificate of liability insurance prior to commencing work under the permit and annually thereafter.
7. Permit holder shall maintain performance & surety bond in amount of $1,000 determined by County Board per open acreage.
8. The gate located at 211th Street shall be kept locked when an attendant is not on duty. At this gate a sign must be posted with a 24 hour contact number to report concerns.
9. The existing agreement between Knife River and Trilogy Properties dated 11/25/15 (Board Attachment F) which grants access to 211th expires Dec 12, 2020. Before the expiration of this agreement Knife River must supply the county with a copy of an extended agreement or outline plans for mine closure and restoration.
10. The day and hours of operation:
a. Mining 6:30 am 9:00 pm Monday Saturday.
b. Maintenance 6:00 9:00 pm Monday Saturday
c. No operation on Sundays, or on the following holidays: New Years, Memorial, Independence, Labor, Thanksgiving and Christmas.
11. Dust mitigation plan will include the use of calcium chloride on haul road and water per practical application with log kept of the application. Repeated application may be necessary during extreme dry conditions. Water will be added to the feed point of the crushing spread when visible emissions are present. All watering records must be made available to the Planning and Zoning Office.
12. All mining activity must comply with MN Rule 7030.0040 Noise Standards. If complaints arise related to the noise levels the permit holder will supply the County with a valid noise level test in accordance with MN Rule 7030.0060. If a noise level test does not exist the permit holder will be required to complete one at their expense and supply the County with a copy promptly upon request.
13. A hot mix plant will not be allowed under this permit.
14. Dewatering will not be allowed under this permit.
15. It shall be the responsibility of the pit operator or owner to control activity within the pit area and cleanup any debris or other material left on-site.
16. Sanitary facilities shall be provided for workers during pit operation. Portable toilets shall be secured from tipping over and have secondary containment.
17. Applicant is required to maintain their NPDES (National Pollutant Discharge Elimination System) permit.
18. The permit holder shall hold Big Township and the County and its respective officers and employees harmless from claims made by anyone for damages sustained or cost incurred resulting from the gravel extraction operation of this permit. The permit holder shall indemnify Big Lake Township, County and its respective officer and employees for all costs, damages or expenses, which the Township or County may pay or incur in consequences of such claims, including attorneys fees.
19. Mining activity shall be according to the Proposed Mining plan submitted by Knife River Inc. received Nov 17, 2016. The applicant is proposing to mine to a depth of 920 above mean sea level which will leave an open water pond.
20. Restored Areas will be seeded with an appropriate seed mixture. Upon completion of mining, the restored site will comply with Restored Conditions plan dated Nov 17, 2016.
21. Applicant to comply with Section 16.2 – Subdivision 4.14 of County Zoning Ordinance and all local, state, and federal laws.
22. Gravel tax payments to the County Auditor must be kept current.
23. The Findings in the Zoning Ordinance under Section 18, Subdivision 6.4 have been made.
24. The applicant shall agree to permit the County to inspect the property anytime.
25. Discharge of firearms will not be allowed in the pit.
26. This Interim Use Permit is valid for 36 months from the day of County Board Approval expiring on March 17, 2020.
Nancy Riddle, Planning and Zoning Administrator, was present to discuss the request for an Interim Use Permit (I.U.P.) for nineteen (19) pole interconnection to solar garden. Dolan/Fobbe unanimous to approve an Interim Use Permit (IUP) for the placement of nineteen (19) electrical utility poles for the interconnection of a 5-megawatt solar garden to Xcels electrical energy grid Legal Desc: Th pt of W1/2 of SW1/4 lying NWly of Nly ROW of State Highway 25 (full legal on file) Sec 25, Twp 33, Rge 28 Big Lake Township 47.04 acres Agricultural Use District, as requested by Solarstone Partners (James and Mary Hallila Property), as recommended by the Planning Commission with the following conditions:
1. All interconnection poles must be located as shown on the Big Lake Community Solar Garden Landscape Plan dated January 17, 2017. (Attachments B1 & B2).
2. Twenty-three (23) coniferous trees at least 6 foot high will be planted on the west, east and south sides of the 19 utility poles as shown on the Big Lake Community Solar Garden Landscape Plan dated January 17, 2017 (Attachments B1 & B2). The trees must be planted in two staggered rows with trees planted a maximum of 12 feet apart. The trees must be maintained and watered as necessary for the duration of the permit. Any dead trees must be replaced on a yearly basis.
3. This IUP is to be valid for 35 years until March 14, 2052. This IUP is valid for the James & Mary Hallila and Solar Stone Partners.
4. The County Planning Commission has made the findings listed in Sect 18, Subd 6(4) of Zoning Ordinance.
5. The applicant shall comply with all federal, state, and local laws and regulations.
6. The applicant shall allow the County to inspect the property during normal business hours.
Patrick Sims, A&P, and Steve Taylor, Administrator, were present to discuss acceptance of Bid package #3 remaining bids and contract awards for the Building Expansion and Renovation Project. Dolan/Schmiesing unanimous to approve to award contracts for Bid Package #3 (partial) work scopes as follows:
Work Scope #04A-Masonry for $2,548,175;
Work Scope #05C-Miscellaneous Metals Supply for $343,500;
Work Scope #07A-Roofing for $504,874;
Work Scope #07B-Metal Panels for $498,271;
Work Scope #07C-Joint sealants for $179,766;
Work Scope #08A-Overhead Doors for $122,153;
Work Scope #08B-Aluminum Doors, Windows & Frames for $1,659,805;
Work Scope #09A-Drywall and Framing for $3,977,700;
Work Scope #09B-Tile for $329,000
Work Scope #09C-Suspended Ceilings for $830,000;
Work Scope #09D-Carpet and Resilient Flooring for $1,208,557;
Work Scope #09E-Terrazzo Flooring for $267,000
Work Scope #09F-Painting and Finishing for $509,820;
Work Scope #11A-Detention Equipment for $201,900
Work Scope #12A-Window Treatments for $115,910;
Work Scope #32C-Landscaping and Irrigation for $474,875;
Work Scope #32D-Site Fencing for $224,500.
AND authorize the County Administrator signature authority to approve Bid Package #3 construction contracts on behalf of the County. AND authorize the County Administrator to approve Change Orders up to $50,000.00. Rodney LaFreniere, A&P, gave a progress report on the project.
Patrick Sims, A&P, and Steve Taylor, Administrator, were present to discuss approval of quotes from VTI Security and Stanley Convergent Security Solutions for the Building Expansion and Renovation Project. Fobbe/Petersen unanimous to approve quotes as follows:
VTI Security, Sherburne County Courts Access Project for #328,560.00;
VTI Security, Sherburne County Cameras & Storage Project for $192,943.00;
VTI Security, Sherburne County New Courts Jail Cameras & Storage Project for $130,000;
Stanley Convergent Security Solutions, Inc., Security Electronics for $309,290.00
AND authorize the County Administrator signature authority to approve quotes noted above on behalf of the County. AND authorize the County Administrator to approve change orders up to $25,000.
Claims approved through warrants, resolutions, or contracts, totaling the following amounts, were paid as follows:
February 17, 2017
$ 178.56 Justice Center Enterprise Fund
$ 264,236.17 Agency Collections
February 17, 2017
$ 1,292.72 General Revenue Fund
$ 19,464.00 Taxes & Penalties Fund
February 22, 2017
$ 59.04 General Revenue Fund
February 23, 2017
$ 85,822.58 Human Service Fund
$ 230.21 Agency Collections
February 24, 2017
$ 85,364.03 General Revenue Fund
$ 60,748.78 Public Works Fund
$ 3,418.60 Law Library Fund
$ 40.82 Solid Waste Fund
$ 14,306.76 Jail Commissary Fund
$ 156.47 Sherco Regional Rail Authority
$ 67,974.50 Capital Proj 2008-Government
$ 27,052.94 Justice Center Enterprise Fund
February 28, 2017
$ 2,476.44 OBO 4Imprint
$ 750.00 OBO First Book
$ 595.00 OBO Grant Writing USA
$ 1,300.00 OBO Holiday Station Store
$ 1,475.69 OBO Innovative
$ 557.25 OBO Walmart
$ 607.09 7 payments less than $300
February 24, 2017
$ 1,487.64 General Revenue Fund
$ 6,242.34 Agency Collections
February 24, 2017
$ 134.25 General Revenue Fund
$ 1,753.29 Towns & Cities Collections
February 27, 2017
$ 500,556.43 Capital Proj 2008-Government
February 28, 2017
$ 3,768.50 Agency Collections
March 3, 2017
$ 281,656.90 General Revenue Fund
$ 9,935.77 Public Works Fund
$ 2,613.51 Law Library Fund
$ 17,122.77 Solid Waste Fund
$ 50,983.94 Jail Commissary Fund
$ 37,091.23 Justice Center Enterprise Fund
$ 476,358.40 Agency Collections
$ 682.84 Taxes & Penalties Fund
Steve Taylor, Administrator
Published in the
April 8, 2017