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BENTON COUNTY BOARD OF COMMISSIONERS

REGULAR MEETING MINUTES

NOVEMBER 15, 2022

The Benton County Board of Commissioners met in regular session on November 15, 2022, in the Benton County Board Room in Foley, MN. Call to order by Chair Steve Heinen was at 9:00 AM followed by the Pledge of Allegiance to the ag. A roll call showed Commissioners Beth Schlangen, Scott Johnson, Steve Heinen, and Ed Popp present. Commissioner Jared Gapinski was absent. Chair Heinen noted the absence excused.

County Administrator Montgomery Headley requested to amend the agenda to add Consent Agenda item #7 to consider a Property Assessed Clean Energy (PACE) Special Assessment for parcel R17.00412.00 owned by Eastgate 1, LLC and to add a discussion of the location of the Foley Odor Control Station as the second item at 9:05 AM under Land Services Director Roxanne Achman. Motion by Johnson and seconded by Popp to approve the amended agenda. Motion carried unanimously.

There was no one present from the public to speak under Open Forum.

Motion by Johnson and seconded by Popp to approve Consent Agenda items 1 - 7: 1) approve the Regular Meeting Minutes of November 1, 2022 and authorize the Chair to sign; 2) approve the Committee of the Whole Meeting Minutes of October 31, 2022 and authorize the Chair to sign; 3) approve the Statement of Work and Master Service Agreement with CliftonLarsonAllen for the compilation and audit of the 2022 nancial statements and authorize the Chair to sign; 4) accept and le the Administrator’s Monthly Financial Report; 5) approve the Property Assessed Clean Energy (PACE) Special Assessment for parcel R07.00483.00; 6) approve the maintenance agreement with Motorola and authorize the Chair to sign; 7) approve the Property Assessed Clean Energy (PACE) Special Assessment for parcel R17.00412.00 owned by Eastgate 1, LLC. Motion carried unanimously.

Next, Land Services Director Roxanne Achman requested to conduct a public hearing on the Minor nal plat entitled “Svihel Estates” submitted by Patricia and Mark Svihel. Achman stated that the applicants are requesting to nal plat 2 lots within Gilmanton Township off Glen St NE/County Road 91 in an area immediately adjacent to the Foley/Gilmanton Township Orderly Annexation Area. The plat was reviewed and approved by Gilmanton Township on October 11, 2022. The Planning Commission held a public hearing on the preliminary plat on November 10, 2022, where it was approved. The public hearing opened at 9:05 AM. No one was present in-person or virtually. The public hearing closed at 9:06 AM. There were no emails, letters or other communications to be read into the record. There were no comments or concerns from State agencies, cities or townships. Achman reiterated that Gilmanton Township and the Planning Commission both approved this request. Motion by Johnson and seconded by Schlangen to approve the Minor nal plat entitled “Svihel Estates” submitted by Patricia and Mark Svihel. Motion carried unanimously.

Next, Achman and Assistant County Attorney Michelle Meyer (virtual) provided an update on the location of the Foley Odor Control Station. Meyer stated that they will need a legal description of the easement in order to proceed. They will continue to keep moving forward with this project. This item was for informational purposes only.

Next on the agenda was the request of the rati cation of a 3-year agreement with MnCCC and Stategic Technologies Inc. for maintenance and support for County Attorneys electronic case management system by County Attorney Phil Miller. This item was tabled until later in the meeting when Miller could be present.

Next, Interim County Engineer Mark Loidolt requested the County Board consider an appeal to the County’s Highway Access Policy. On September 27, 2022, the Highway Department received a permit application to place an additional driveway entrance and access to County State Aid Highway (CSAH) 12 submitted by property owners Dan and Amanda P ipsen for commercial/agricultural

purposes. The permit and requested entrance location was reviewed by the Benton County Highway Department. The condition violated by the requested location is “on minor or local collectors, accesses on the same side of the road shall be located a minimum of 330 feet apart” found in II.B.3 on page 2 of the policy. The requested location is approximately 250 feet east of an adjacent entrance and violates our policy by 80 feet. The rst driveway entrance would be for the property owner’s private entrance and the second entrance would be for commercial/agricultural purposes. Three other driveway options were presented to the applicants by Loidolt. The options for different locations for the driveway approaches were not ideal due to drain tile placed in the area, underground ber installation and an overhead powerline with communication box. Mr. P ipsen stated that both entrances are on at ground with no trees around them and are perpendicular to the road, where a new entrance would enter the road at an angle. Mr. P ipsen added that he does not want farm machinery entering his private driveway because of the machinery’s weight and size which would be damaging to his driveway and had concerns about the safety of his children present. Popp stated he agrees with the P ipsen’s request because both approaches are in a at area with no trees and nothing hindering the visibility of both driveway approaches. Popp added that the traf c on the commercial/agricultural entrance would be seasonal and addressed the safety issue with his children. Motion by Popp and seconded by Johnson to approve the appeal to the County’s Highway Access Policy to allow the spacing of 250 feet between the two driveway approaches. Motion carried on a three to one vote with Commissioners Schlangen, Johnson and Popp voting “aye” and Commissioner Heinen voting “nay”.

Next, Loidolt provided an Engineer’s update to the County Board. This was for informational purposes only.

Next, County Attorney Phil Miller (virtual) requested the County Board approve the rati cation of a 3- year agreement with MnCCC and Strategic Technologies Inc. for the maintenance and support for County Attorneys electronic case management system. MCAPS, which is part of the MnCCC system is what the Attorney’s Of ce has used for electronic case management since prior to 2013. An updated version has been developed and is in the process of being implemented with participating County Attorney Of ces. Miller stated this is a 3-year commitment with MnCCC and MCAPS which he has discussed with his successor Karl Schmidt. They both believe this should be suf cient time for MCAPS to prove its updates are compatible with the mission of the Benton County Attorney’s Of ce. Motion by Johnson and seconded by Popp to approve the rati cation of 3-year agreement with MnCCC and Strategic Technologies Inc. for maintenance and support for County Attorneys electronic case management system. Motion carried unanimously.

The Regular County Board meeting was recessed at 10:06 AM to conduct a Human Services Board Meeting.

The Regular Board meeting reconvened at 10:09 AM.

Next, Board members reported on recent meetings they attended on behalf of Benton County.

There were no comments made under Comments by Commissioners.

Johnson/Popp to set the future Committee of the Whole Meetings: Monday, November 28, 2022 kick- off meeting with GLT Architects, Benton County Boardroom, Foley, 1:00 PM; Monday, December 12, 2022 review nal 2023 Budget and Levy, Fee Schedule changes, Elected Of cial salaries, SSTS Ordinance, discussion on joint meeting of the County, Cities and Townships, Benton County Boardroom, Foley, 9:00 AM. Motion carried unanimously.

The Regular Board Meeting adjourn at 10:25 AM. Steven J. Heinen, Chair

ATTEST:

Benton County Board of Commissioners

Montgomery Headley Benton County Administrator

Steven J. Heinen, Chair

Benton County Board of Commissioners FR-50-1B