Stearns County Board of Commissioner

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1 Stearns County Board of Commissioner Tuesday, June 16, 2009 The Stearns County Board of Commissioners Meeting was called to order by Leigh Lenzmeier, 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 June 2, 2009 Regular Session and Human Services Board; Adopt Resolution supporting Federal Railroad Administrations (FRA) funding for Northstar Phase II; Approve application for a new On Sale 3.2 Percent Malt Liquor License submitted by Richard George Johanneck Sr. for I 94 Speedway Inc. located in Sauk Centre Township for the period June 16, 2009 October 31, 2009; Approve application for an On Sale 3.2 Percent Malt Liquor License submitted by Powder Ridge Ski Corp for Powder Ridge Ski Area located in Maine Prairie Township for the period July 1, 2009 June 30, 2010; Approve application for an On/Off Sale 3.2 Percent Malt Liquor License submitted by Kathy Lou Dwinnell for Fisher s Resort & Campground on Rice Lake located in Eden Lake Township, from El Rancho Manana Inc. for El Rancho Manana located in Collegeville Township, from Elaine Ruth Mitsche for Big Sauk Resort located in Sauk Centre Township, from Patricia Johnson for Twilight Acres Resort located in Munson Township for the period July 1, 2009 June 30, 2010; Approve application for an On Sale Wine License submitted by Powder Ridge Ski Corp for Powder Ridge Ski Area located in Maine Prairie Township and from Kathy Lou Dwinnell for Fisher s Resort & Campground on Rice Lake located in Eden Lake Township for the period July 1, 2009 June 30, 2010; Approve a $4, budget adjustment for two 800 mhz radios for the Snow/ATV patrol with funds from the Snowmobile and ATV grant; Approve up to $85 for box dinners for the Board of Equalization meeting on June 15, 2009; For informational purposes the amount of claims paid for May 2009 was $16,320,607.25; Approve application for Gambling Exemption Permit from Rich Spring Ducks Unlimited for gambling activities to be held August 27, 2009 at Richmond Lions Park in Munson Township contingent on Township approval; Approve a limited term Building Facilities Maintenance Technician position; For informational purposes the amount of Human Services claims paid for May 2009 of $72,205.49; Adopt Resolution accepting ski trail and parking lot improvement grant of $2,000 for Wildwood County Park; Approve the Memorandum of Understanding with the City of St. Cloud to enter into a grant agreement with the US Department of Justice; Adopt Resolution authorizing the Sheriff to enter into a grant agreement with the Minnesota Department of Public Safety for the project entitled C.R.A.S.H. Task Force (Central MN Reduction of Accidents for Safe Highways) during the period from October 1, 2009

2 through September 30, 2010 and authorize the St. Cloud Police Department to be the fiscal agent for this grant; Approve request from Jennifer Thorsten and Martha Cole in Human Resources to attend "MN Public Employer Labor Relations Association Summer Conference" August 12 14,2009 in Duluth, MN, cost $1, and authorize payment of lodging and registration for said trainings and seminars. STEARNS COUNTY DAYCARE PROVIDERS AND SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU): Presentation was made by Sandy Trossen, Denise Welte and Carol Nieters with Service Employees International Union regarding consideration of a letter of support for unionization efforts of daycare providers in Stearns County. Motion was made by Commissioner Mareck, seconded by Commissioner Sakry and carried unanimously to direct representatives from Service Employees International Union to meet with county staff to review the proposed resolution and bring back recommendations to the county board. HIGHWAY MITCHELL ANDERSON, ENGINEER: Presentation was made on 2009 Seal Coat. Motion was made by Commissioner Sakry, seconded by Commissioner Schaefer and carried unanimously to award the 2009 Seal Coat to the lowest bidder Astech Corp in the amount of $653, Presentation was made on consideration of the 2009 Bituminous Patch contract. Motion was made by Commissioner Otte, seconded by Commissioner Mareck and carried unanimously to award the 2009 Bituminous Patch contract to the lowest bidder Knife River Corp in the amount of $273, Presentation was made regarding Greater Minnesota Interchange Solicitation Program, Trunk Highway 15/33rd Street South and Trunk Highway 15/CSAH 120. Motion was made by Commissioner Mareck, seconded by Commissioner Sakry and carried unanimously to adopt Resolution supporting the Mn/DOT District 3 application for the proposed interchange at Trunk Highway 15 and 33rd Street South and to enter into an agreement with Mn/DOT and other local jurisdictions and Resolution supporting the Mn/DOT District 3 application for the proposed interchange at Trunk Highway 15 and Stearns County State Aid Highway (CSAH) 120 and to enter into an agreement with Mn/DOT and other local jurisdictions. Resolution WHEREAS: The Minnesota Legislature in 2008 and 2009 set aside funding for the construction of interchanges in outstate Minnesota hereinafter referred to as the Greater Minnesota Interchange Solicitation Program; and

3 WHEREAS: The funding must be used for the construction of interchanges involving a trunk highway where the interchange will promote economic development, increase employment, relieve congestion and promote safety; and WHEREAS: The total amount of funding available under this legislation to greater Minnesota districts is $30 million with a maximum award to any one project being $20 million; and WHEREAS: Mn/DOT District 3 proposed an interchange at Trunk Highway 15 and 33rd Street South at an estimated construction cost of $10 million; and WHEREAS: The remaining funds necessary would be subject to Mn/DOT cost participation policy; and WHEREAS: Projects funded by this program must be ready for construction by January 1, NOW, THEREFORE, BE IT RESOLVED: That Stearns County supports the Mn/DOT District 3 application for these funds. BE IT FURTHER RESOLVED: That Stearns County would enter into an agreement with Mn/DOT and other local jurisdictions including, but not limited to, the cities of St. Cloud and Waite Park for the local share of the project. Resolution WHEREAS: The Minnesota Legislature in 2008 and 2009 set aside funding for the construction of interchanges in outstate Minnesota hereinafter referred to as the Greater Minnesota Interchange Solicitation Program; and WHEREAS: The funding must be used for the construction of interchanges involving a trunk highway where the interchange will promote economic development, increase employment, relieve congestion and promote safety; and WHEREAS: The total amount of funding available under this legislation to greater Minnesota districts is $30 million with a maximum award to any one project being $20 million; and WHEREAS: Mn/DOT District 3 proposed an interchange at Trunk Highway 15 and Stearns County State Aid Highway (CSAH) 120 at an estimated construction cost of $15 million with an estimated $10 million coming from the program; and WHEREAS: The remaining funds necessary would be subject to Mn/DOT cost participation policy; and WHEREAS: Projects funded by this program must be ready for construction by January 1, NOW, THEREFORE, BE IT RESOLVED: That Stearns County supports the Mn/DOT District 3 application for these funds. BE IT FURTHER RESOLVED: That Stearns County would enter into an agreement with Mn/DOT and other local jurisdictions including, but not limited to, the cities of St. Cloud and Sartell for the local share of the project. Presentation was made regarding a Five Year Road Improvement Program Meeting.

4 Motion was made by Commissioner Schaefer, seconded by Commissioner Otte and carried unanimously to approve a Highway Maintenance Agreement between the City of Richmond and Stearns County for a utility permit granted to connect a water main along CSAH 9. PUBLIC HEARING ON CONSIDERATION OF APPLICATIONS FOR ON AND/OR OFF SALE INTOXICATING LIQUOR LICENSES: A public hearing was held regarding consideration of renewal liquor license applications for On/Off Sale Intoxicating liquor license for the period July1, 2009 June 30, No members of the public were present for the public hearing. Motion was made by Commissioner Schaefer, seconded by Commissioner Otte and carried unanimously to close the public hearing. Motion was made by Commissioner Otte, seconded by Commissioner Schaefer and carried unanimously to approve the following On and/or Off Sale Intoxicating Liquor Licenses for the period July 1, 2009 June 30, 2010: Cone s Sports Bar & Grill (Avon Township), Corky s Bar (Fairhaven Township), Depot General Store (St. Joseph Township), Othmar Braun Am Legion Post 612 (Paynesville Township), Pearl Lake Lodge (Maine Prairie Township), Rich Spring Golf Club (Wakefield Township), Ron & Judy s Inc. (Paynesville Township), The Bay Club (Fairhaven Township), The Landing of St. Anna (Avon Township), Waterfront Lakeside Grille (Fairhaven Township). PUBLIC HEARING ON CONSIDERATION OF APPLICATION FOR ON AND/OR OFF SALE INTOXICATING LIQUOR LICENSE BIALKA S BAR & STORE: A public hearing was held regarding consideration of renewal liquor license application for On/Off Sale Intoxicating liquor license for the period July 1, 2009 June 30, John Bialka owner of Bialka s Bar & Store was present for the public hearing and Lotte Hansen from the County Attorney Office was present to answer questions from the board. Motion was made by Commissioner Schaefer, seconded by Commissioner Otte and carried unanimously to close the public hearing. Motion was made by Commissioner Schaefer, seconded by Commissioner Otte and carried unanimously to approve the intoxicating liquor license for Bialka s Bar & Store for the period July 1, 2009 June 30, ENVIRONMENTAL SERVICES DON ADAMS DIRECTOR: Presentation was made by Hank Schreifels and Jennifer Buckentine from Environmental Services on consideration of enactment of Ordinance Number 425 to rezone approximately 54 acres from a Residential 10 (R 10) zoning district to an Agriculture 40 (A 40) zoning district. The property under consideration is owned by Colleen Gruenes and is part of the S ½ of the SE ¼, Section 15, lying northerly and easterly of County Road 43 and westerly of 213th Avenue, Eden Lake Township (122/31). Motion was made by Commissioner Schaefer, seconded by Commissioner Otte and carried unanimously to approve as recommended by the Planning Commission the rezoning request to rezone approximately 54 acres from a Residential 10 (R 10) zoning district to an Agriculture 40 (A 40) located in Eden Lake Township and enact Ordinance Number 425.

5 Ordinance Number 425 AN ORDINANCE AMENDING STEARNS COUNTY ORDINANCE NUMBER 209 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 Eden Lake Township is hereby rezoned from the Residential 10 (R 10) zoning district to the Agricultural 40 (A 40) zoning district: See legal description attached as 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 e Presentation was made on consideration of enactment of Ordinance Number 426 to rezone approximately 35 acres from an Agriculture 40 (A 40) zoning district to a Residential 5 (R 5) zoning district. The property under consideration is owned by Rose Schelonka and is in part of the SE ¼ if the SW ¼, Section 24, lying southerly of County Road 4 and easterly of 83rd Avenue, St. Wendel Township (125/29). Motion was made by Commissioner Sakry, seconded by Commissioner Otte and carried unanimously to approve as recommended by the Planning Commission the rezoning request to rezone approximately 35 acres from an Agriculture 40 (A 40) zoning district to a Residential 5 (R 5) located in St. Wendel Township and enact Ordinance Number 426. Ordinance Number 426 AN ORDINANCE AMENDING STEARNS COUNTY ORDINANCE NUMBER 209 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

6 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 St. Wendel Township is hereby rezoned from the Agricultural 40 (A 40) zoning district to the Residential 5 (R 5) zoning district: See legal description attached as 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. PARKS CHUCK WOCKEN, DIRECTOR: Presentation was made regarding notification from St. John s to discontinue the renewal of an agreement to plow the Lake Wobegon Trail. Presentation was made regarding 2010 State Bonding Bill Governor s List. Motion was made by Commissioner Mareck, seconded by Commissioner Sakry and carried unanimously to adopt Resolution supporting bonding project application for Governor s consideration and direct staff to meet with the Joint Planning Board regarding requests for Capital Bonding funds. Resolution RESOLUTION AGREEING TO 50% LOCAL MATCH ON PROJECTS SUBMITTED TO THE STATE OF MINNESOTA FOR CAPITAL BONDING FUNDS IN STATE FISCAL YEAR 2010 WHEREAS, the State of Minnesota Legislature bonds for capital outlay projects; WHEREAS, local units of government can request to be included in the State s bonding program; WHEREAS, the County of Stearns, as part of the Central Minnesota Regional Parks and Trails Plan, is submitting an application for the following projects listed in order or priority; Quarry Park & Nature Preserve Land Acquisition, Rockville County Park & Nature Preserve Development, Dairyland Trail Development and Kraemer Lake Wildwood County Park Master Planning; WHEREAS, the County of Stearns must agree to pay 50% of the project cost; BE IT THEREFORE RESOLVED, THAT Stearns County agrees to guarantee its share of the costs of projects submitted for the upcoming State Bonding bill, and authorizes the

7 County Auditor to sign the necessary agreements to receive bonding funds from the State. ASSESSOR GARY GROSSINGER, ASSESSOR: Presentation was made regarding the Assessor s Annual Report. Motion was made by Commissioner Otte, seconded by Commissioner Sakry and carried unanimously to allow any cancellations from June 16, 2009 Board of Equalization agenda to reschedule for the June 22, 2009 Board of Equalization Meeting. ISSUES BY COMMISSIONERS: Motion was made by Commissioner Schaefer, seconded Commissioner Sakry and carried unanimously to authorize the board chair to sign a letter on behalf of the County Board to send to Senator Klobuchar and U.S. Senators serving on the Energy and Public Works Committee raising concerns regarding the proposed Clean Water Act specifically relating to language eliminating the term navigable from the definition of waters in the U.S. AUDITOR/TREASURER RANDY SCHREIFELS: Presentation was made by Tina Gapinski, Service Center Supervisor and Dave Walz, Service Center Division Director regarding a presentation on the Virtual License Center. Motion was made by Commissioner Mareck, seconded by Commissioner Otte and carried unanimously to adopt Resolution requesting permission from the Department of Vehicle Services to process online tab renewals through the Stearns County website and authorize the board chair to sign a letter to Driver and Vehicle Services on behalf of the Stearns County Board of Commissioners a letter requesting authorization to process online tab renewals through the County s website. Resolution RESOLUTION DATED JUNE 16th, 2009 TO BE SENT TO DVS TO REQUEST PERMISSION FOR ONLINE TAB RENEWAL PROCESSING WHEREAS, The Stearns County Board of Commissioners and Randy Schreifels, acting Deputy Registrar for the Minnesota Department of Vehicle Services, and employees of the Stearns County License Center are directed by Minnesota Statute to perform deputy registrar duties to the public; and WHEREAS, Stearns County has created a Virtual License Center that offers secure online services for various license center processes; and WHEREAS, Stearns County License Center acknowledges the need to continue to provide more options for online services; and WHEREAS, online services such as tab renewals is in high demand; and

8 WHEREAS, the Minnesota State Driver and Vehicle Services has authority to approve such online services. NOW, THEREFORE BE IT RESOLVED, that the Stearns County Board of Commissioners request permission from Driver and Vehicle Services to process tab renewals online. ADJOURNMENT: Chair Lenzmeier adjourned the Stearns County Board of Commissioners at 11:28 a.m.

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