Yeah, the cam is working for streaming. >> It's just not something >> we're good to go. Mr. Chair, >> we'll call to order the Ben County Board Commissioners meeting. Please join us for the flag pledge.
I aliance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. >> Note that all commissioners are here.
Approve or amend the agenda. Anything to add to the agenda? >> Yes, Mr. Chair. Under 940, interim county engineer Steve Bakowski has two items to add. Uh the first would be a discussion and possible action to revise
the 5-year RO program. And the next item would be a general uh county engineers report. And that's all we have. Move for approval of the amended agenda. Mr. Chair, >> I'll second. >> Sorry.
Here we go. Okay, we've got a motion and a second. Any further discussion on that? If not, I'll call the question. All in favor say I. >> I opposed. Motion carries. Thank you. County board meetings are broadcasted live and video recorded on YouTube. Please refrain from speaking from the
audience area and come to the podium so that the viewers can hear you. The county board observes Robert's rules of order for its meeting. So, please obtain the board's chair's consent before addressing the county board. Public comments are generally reserved for the open form segment or public hearings.
However, public comment on other agenda items may be allowed at the discretion of the board chair. As we begin today, please turn the cell phones off or put them on vibrate. Thank you. >> Next. Open for um >> You were smart.
>> I did. You did. >> I'm waiting for the ditch authority >> ditch. Okay. Thank you. uh the library. Deb, we'll uh put you that'll be when we talk about the library. Yep. Okay, that's it. Bear with me.
Okay. Consent agenda item 1 through six. What would we like to do with that? >> Move approval. >> Second. >> Okay. We got a motion and a second. Any further discussion on that? I'll call the question. All in favor say I. I >> I oppos motion carries. Thank you. Monty
>> Jim is here with an update. Come on up, Jim. >> Government Center Project update. >> Well, good morning, commissioners. >> Good morning. >> Morning. >> Um, just a brief update today. As you can see, we got uh we got a lot more people out there. We have a lot more trades starting with the frost starting
to come out of the ground and weather turning. Um, we've got the second floor slab on grade all poured out or I'm sorry, slab on deck all poured out. Um, we're working starting next week and as the frost allows on getting below grade um, electrical and mechanical done on
the first floor and um, we'll continue with that uh, for the next couple of weeks. um up on the roof on the two s twotory area. We'll be working on roof uh roof blocking and roofing uh for the next couple of weeks putting the roof on and at the same time uh we'll be closing
in the walls around the sides with our exterior year framing and sheathing. Um by the time we're done with the the twotory area, we'll be looping back around catching that first story area and we should be done with that in about four weeks. So um yeah, things are really starting to pick up now. The more
we get done, the more trades we allow to get in. So, feeling pretty good about schedule. Um, in terms of budget, we're sitting really good. I think last time I was here, I said we're roughly about 5% of our contingency budget was spent. I think between what we uh have approved
right now for PRs and what we have out there, um, we're probably six to six and a half 7% of that contingency is spent. So, we're sitting in a pretty good spot. Uh we're also working with the county with uh security cabling uh AV and FF
and E making sure that we coordinate all those things with the the appropriate people at the county. So all that's looking pretty good right now. So that's all I have to report. If anybody has any questions I'd be free to entertain that. Any questions board?
>> Thank you very much for the update. Thank you. Thank you. Okay, next on the agenda, proposed business subsidy and tax abatement agreement with the city of Sock Rapids and the developer for a daycare facility in the Sock Rapids Industrial Park. Uh
before opening public hearing, we will first hear from the county staff andor Mr. Schultz from the city. >> Good morning. Morning. Thank you very much for having me uh and considering this uh this request. Um this is a unique project that we've got here in
the city of Sak Rapids. Uh for the past five or six years, city the city of Sak Rapids has not had a commercial daycare uh within city limits. When our last one left that was located at Trinity Lutheran. Um ultimately they ended up leaving Trinity Lutheran because Trinity wanted their space back and they couldn't find another another space or
spot in the city of Sock Rapids that would work. So, so we've been operating without a commercial daycare for uh for a number of years. Um, and I think everybody knows how much of a need commercial daycarees are uh in well just about everywhere in the state and how expensive uh and difficult they are to
uh to make work. Um we've been working with a local person, Elaine Fischer, um who has been uh working on a plan for developing this commercial daycare for four or five years now. It's a unique collaboration between a number of different uh partners. Uh besides uh our
request here with the county uh we're also requesting support from the school district. Um Benton Economic Partnership has uh has uh indicated uh support along with the initiative foundation. Um their financing would be uh through the Small Business Administration SBA and Gate
City Bank. So there are a number of partners that are involved in this uh in this project. It's also very unique in the sense that it's a 24-hour daycare. It'll be the first 24-hour daycare in the state of Minnesota. Um, and it will dovetail dovetail well with the early
childhood center that the uh that the school district is constructing. Um, they're planning on uh about halfway through the day actually busing kids from the early childhood center over the over to this new daycare facility. So, um it uh it really is nice timing from that perspective.
What we're asking of the uh of the county board along with the school district and uh the city council um is a financial support of $200,000 uh provided through tax abatement. Currently, this property is taxexempt. It's not providing uh any local uh taxes
whatsoever. Um the it's owned by the Sock Rapids EDA. The Sock Rapids EDA is selling this property to the daycare folks for what we believe is about half of its actual value, $100,000. Um, we've also agreed that the if there are any soil corrections on the property, um,
that will be deducted from uh that $100,000 sale price, and there almost assuredly will be soil corrections at Sock Rapid, so we're pretty we're pretty sure that will uh will be the case. Um and so uh so we're asking for $200,000 in tax abatement. Um with the value of
the building that they're constructed, that will take three and a half years for the three partners to be able to pay. Um I believe you've got the TIFF run uh in your packet uh along with the resolution that we're asking you to support. Um so so yeah, we'll be able to fulfill our obligations in just three
and a half years. Um I guess with that, I'll entertain any questions that the board might have. >> Mr. Schulge, could you bring the owner up? I seen she was in the audience. >> Oh, I didn't see you come in, Ela. >> Yeah, I seen her come in. >> You want me to come? >> Yes, please just give your name and
address and and if you would like to talk a little bit more about it, that'd be fine. >> Um Elaine Fischer and I live in Sartell. Um yeah, like Todd said, I've been working on this plan for quite a long time. Um
in 2024 is when I decided to design the building. Um, and then I from there contacted the SBA and and put it in motion. Um, 24-hour child care has been in need for a long time. I was a um
child care provider for 17 years in Sartell. Um, I also have my masters in accounting. So, I have a six-year financial plan, not a two or a three. Um, and I have it separated for days and then the night
shift. So it can you can see the the um the sustainability of the the center. >> Thank you. You got Commissioner Kapinsky. >> Mr. Chair, uh Ala, do you think you could go through just for the public like how many workers uh what kind of uh
um daycare you will be providing? Kind of a little overview for the public. >> Yep. Um we estimate at least 50 workers. Um >> Wow. It could be, you know, 45, 55. Um, depending on the shifts. Um, there'll be
a three shift for, um, the employees, so we can cover the first shift, second shift, and overnights. Um, and as far as services, um, I guess that would be it. And then working with the, you know, the state and and the health
department with our food menus and all that. How many kids? >> The building should be licensed for 156. Okay. Wow. >> At one time. >> Huge. >> Um there's two infant rooms, two toddler rooms, two preschool rooms, and um one school age room. And I have already
downsized a couple times. Um and then um I have I planned a larger than normal kitchen, um just because I think that's important, too. So
>> great. Thank you for that. Yeah, appreciate. Amanda, do you have anything to add before we >> open this up? >> Good morning, commissioners. Um, this is an a very exciting project for Benton County, of course. Um, especially with
um the recent daycare and fully closing and some other things that are um happening, but it is a really exciting project. Um the uh as Todd mentioned, the u be finance committee um received an application for financial assistance through our revolving loan fund program
as well. Um we're trying to get all of the financing pieces together before we present that to the county board as a final package as part of the entire um financial um um plan for this particular project. But it is a um a really great
need for our community. Our businesses are very excited about it. Um you know, there's definitely a need for daycarees um in our county. So, u we're certainly supportive of it. Um you will see that revolving loan fund application come
through the county board. It's already been vetted through the finance committee. Um we we will actually uh because the plan has been updated um since the original meeting with the finance committee um we will meet again and just kind of go through it and make
sure everything is is still um solid and ready to go for the financing piece of it. Um outside of that um I don't know if Lane mentioned but the building um itself is uh roughly 12,000 just over 12,000 square feet. Um they're going to
have an outdoor play area. Um she talked about the the different rooms that they're having uh or she features in that facility itself. Um and the financing is very unique with um the Small Business Development Center and Gate City Bank offering a a reduced
interest rate for this project. It's it's incredible actually. Probably the first in the state for them to do something like this. So it's a really great project. Um and we're excited for it. Thank you for assisting and helping on this project too. >> Mr. Chair, Mr. Chair, Amanda, just
quickly, what's roughly the balance in the revolving loan fund? >> Um, I think we have I don't have the exact number, but roughly around 800. >> Okay. >> 850,000, something like that. >> Thank you for that. Okay. Now, we'll open a public hearing. Is there anyone
in the audience who wish to address the county board on this agenda item? If so, please come to the podium. State your name and your address. Anybody online? Oh, sorry. Um, Michael Depa, uh, 1283185th Avenue,
Northeast, Minnesota. Um, it's a good project. Um, where's the, uh, money go? Where's the money going that's going to be made from the profit from the daycare? if we're going to be donating
money from the county >> and I I'm maybe misheard but the question I think was where is the profit going to go >> the >> was that the question >> yeah so yes >> it would be like any other private entity or private business um they would
use their profit to pay for themselves um put money into maintenance of the building um long-term planning like any other business uh would I I think uh that uh that would under normal circumstances uh I I would expect it
would be the same as any other business. >> Yeah. >> Sure. >> Commissioner Boy >> Todd, can you kind of explain just for the public so they understand what 200,000 in tax inbaitment means because I don't think that it actually means for
handing over >> $200,000,000. >> Yeah. So the way uh Mr. chair. The way that uh tax abatement mode would work, um currently this property is tax exempt. It's not generating any taxes. Um after the project uh happens, it will
generate and I don't have the uh the actual tax numbers in front of me right now, but it generates approximately doing the math in my head, so this is probably going to be off a little bit, but approximately 40 I think it's $43,000 a year. Uh so we're going to go from 0 to $43,000 a year in local taxes.
So, the local taxes would be broken up between the city, the school district, uh, and the county. And so, what we're asking the county and the city and the school district to do is essentially wave the first three and a half years of those taxes. And that's where the $200,000 is coming from. So, uh, it
isn't uh money that would be coming out of uh the uh the county coffers in any way. uh it would be uh new money that uh would be coming in and we're making a presumption that the project wouldn't happen without this support and so uh so there really is no skin off of anybody's
nose in terms of uh of uh the finances for the project. >> So basically the the Mr. Chair >> y >> basically the county and city and school district will benefit three and a half years down the road. Right now it if it stayed whether we did this project or
not >> we get zero. >> Correct. >> Correct. So, Mr. Chair, >> how long, Todd? Have we been getting zero on that property for many years or? >> Um, I've been with the city for, well, I almost shouldn't say a really, really long time. About uh 23 years. Uh, and
it's been tax exempt for that entire time. I believe uh it probably is in the neighborhood of about 30 years it's been tax. >> Yeah. So, waiting another three and a half years really is pretty mute, right? >> Yeah. Anybody else from the audience wish to
speak? Anybody online wish to speak? Oh, Jacqueline, we cannot hear you. Are we muted? Did we mute her? >> Uh, no. All right. Again, I think Goto is a
little glitchy today. Just a little glitchy today. >> Can you try again, Jacqueline? >> Nope. Still can't. Maybe she'd like to come on up. No, >> I would have to assume she's in favor. >> Yeah, I would assume so, too. But >> okay. >> Okay,
>> there we go. That's kind of what I'm >> That'll work for now. >> Andy says they can hear us. We just can't hear them. >> Okay. >> Okay. >> Yeah. >> There we go. Now she should be able to hear talk. >> Oh, I think she just >> But she left.
>> Okay. Anybody else want to speak on this matter? Final call. >> The plumbing curid is now closed. Is there any emails, letters, or other communications to be read into the record? >> Nothing. Amanda. Okay. Uh, has the
department received any comments or concerns from the state agencies, cities, or townships on this agenda? Todd, you received anything? >> No. >> From the city? Okay. uh uh if any official action was required to an affected township that was on this action. No. The county board
will now have the time to questions to staff and discussion. As a reminder, the audience public hearing portion is closed. Questions, comments, concerns, board members, you heard enough. >> Commissioner Gapinsky, >> Mr. Chair, in basically we all hear
where we are where we're at in daycare need across the state. Yep. I think this this is a great opportunity not only for the city of Sock Rapids, which I serve, but the whole county, right? >> Uh on on bringing in 150ome potential
kids for daycare. This goes to people relocating to our area. Um the the the projects that could come into this area that look for daycare for their people. So, uh, waiting another three and a half years for taxes is nothing to to get not
only the benefit what we get for providing the daycare piece that we much need in this county, but then three and a half years down the road taxes. >> I I can't speak for the city or for the district, but I do know the
superintendent was in favor of this, too. Todd, do you got any information on that? Uh I spoke in front of their uh I believe it would be their finance committee yesterday. Yeah, they they have expressed nothing but support for the project and in fact as I said kind of in my opening remarks I think they're
thinking of this as almost a partnership uh with the early childhood center that's going to start construction this year. >> Right. Okay. Thank you Mr. Johnson. >> You know as Amanda will attest to this tax abatement tool is one of the tools in our toolbox to be able to move forward on these type of things. So I
think I think it's a good project. >> It's a good use of it. Any other? >> It's a way to give money without giving money that we were never getting. >> We weren't getting it anywhere. >> We weren't getting it anywhere. So, any other questions, concerns, comments? Board, what would you like to do with this? >> I'll make a motion to move forward.
>> I'll second. >> Okay. We got a motion uh for the tax abatement agreement with the city of Sock Rapids, IDS47, and developer Elaine Fiser. >> Any further discussion on this? If not, I'll call the question. All in favor say
I. >> I. >> I. Oppose. Motion carries. Thank you. Thank you, Mr. Schultz. >> Thank you. >> Good luck. >> Monty, final review of the boardroom dis. >> Uh, okay. We're going to share screen
with Ryan. So, um, he can So, you should get a little message on your computer saying that you're you're the presenter. take over and you you good to go and then you can choose your
stream. >> You choose a window. Yeah, whatever one you want to show. >> Good morning, commissioners. >> Morning. >> There we go. >> All right. >> Make it as big as you can make it.
So, uh, this morning I just wanted to go through the dis at the new, uh, government center and just kind of finalize that design on a couple items. Um, one of the items that was in discussion was on the number of seats and the positioning of those those
seats. We were kind of going back and forth between eight and nine. Um, right now we've got it at at nine seats and that allows for the the board chair to be in the center and then the rest of the board members to be equally
distributed around um there. And that also allows for the eight seats for the planning commission. Um and that was one of the the main considerations for that design was just making sure that everybody's equally distributed around
that um the dis there. And then one of the other items that we were looking at was the um kind of the trough here for the the screens. And we had made a modification to increase the size of that trough to get those
monitors lower so that the public has full view to the people who are up up at the dis and so that monitor is not blocking anybody. So, we increased the depth um from 5 in to 7 in um which allows for that monitor to be a
little bit deeper in the counter and then that can be tilted at whatever angle it needs to be tilted at to for your for your viewing. Um and right now it's based on a 22-inch monitor which is similar to what the Sock Rapids Government Center has. Um so that's kind
of what this design is is based on. And then so here's a concept image of what that would look like. So these um this is a view from from the audience what you would see. And these these are just the chairs back here. So that's where you would be sitting. So you can't
see any of the monitors behind this dis wall here. And this gives you a better view of of what you'd be looking at behind the dis. So that's uh that's all I had on the last couple finalizations there. Any
questions on that >> board questions? >> Mr. Chair, it looks like what we talked about at our cow. So thank you for making the adjustments. Thank you. You're >> welcome. Okay. Uh approval to move ahead. >> Consensus. >> So moved. >> Got a motion.
>> I'll second. >> Okay. You got a motion and a second to move ahead with the drawings presented. >> All right. >> Thank you. >> Any questions, concerns? Call a question. All in favor say I. >> I. >> Motion carries. Thank you. Thank you. >> Thank you. >> Thank you for listening to us.
>> Thank you, Ryan. You're welcome. I think we're on the library. Are we next? >> We're on the library now. >> Mr. Chair, I I view this as anformational item for you, but possible for action. That's up to you all. Um, I wanted to convey to you uh the action of
the Great River Regional Library Board of Trustees at its recent meeting, it had a motion which was approved to u reduce the hours at the Foley Library. And and this is I'm repeating what I heard from Brandy, the uh executive director. I heard a range of from 3 to 5
hours per week. Uh uh if if the the county had not restored funding to the full JPA amount by April 1st. So that was the action as I understood it from Brandy. So 3 to five hours if funding had not been restored by April 1. And
that's that's all I want to convey to you, Mr. Chair. And there may be some folks here in the audience that may wanted to talk about. Thanks. Thanks for that, Monty. Uh, thanks for everybody that sent me emails. Shelley, thank for you. I've I've talked to you about this.
>> Uh, you know, I think we have to clarify. We truly made no decision of closing or getting away from the library. GS. Okay. And we also made no decision yet of defunding it either. Okay. So, all the
emails that received me were saying just the opposite. So, we just need to clarify this. Commissioner Bonoy. >> Uh, just some background stuff. Um, I attended the library meeting on February
17th and I'm not sure and m maybe Mr. Pop can answer this question, but cuz he sits on that board, but it was listed as a special meeting. Yes. >> And it it's a regular night meeting according to the library. So why would
it be listed as a special meeting? Because normally them meetings are just workshop meetings and we had a couple items of business that we needed to take care of. So they listed it as a special >> and when it's listed as a special meeting then no one else is able to talk. they don't want we had some issues
prior to that where people were showing up for the workshop and wanted to speak and it at at that point in time we were having 15 18 people sign up and so that's why they went to that saying that you know on special meetings and workshops they're not going to have
public open forum. >> Okay. And and I'm just going to say nothing nothing about what you did, but I I'm a little disappointed as the alternate on that board that I was not allowed to get up and speak. I will say
that um on the agenda uh Brandy has it listed on here that she went to the Benton County Board met on February 3rd to ask Benton County Commissioners Garice consider their plan to provide 6,624
less uh towards their uh 2026 uh payment than was budgeted. Uh the Benton County Board declined to make a motion to do so. I in my opinion that is not a right statement because that is not what what
what was said on our February 3rd meeting. Um I specifically asked to have um um budgets for the uh current 33 libraries that we have out there and what's being spent at each one of those
libraries. Um, I think it's fair to our constituents to make sure we know what's being spent at all the libraries. I don't care about I mean I do care about the Foley library, but I care about where this money is going cuz in 2026
the contributions from six different counties is 7,640ome, $40,954. The MOE, which is what the state statutory requirement, is $5,261,49.
And so with all six counties added together that we're paying $2,379,95 over >> 2 million. 2 million. You're right. Over thee. So it and and I know this is not an
accurate way to probably portray this, but this is the only way without some type of budget from the library to tell us what they what they are actually costing. So Benton County currently has one library. They're requesting $546,570.
Um, and the Morrison County has five libraries. And if you take their total that they're contributing, which is $529,428, and divide that by five libraries, it's
$105,685.60 per library. And in Sherburn County, they have three libraries at 1,46712. and their each if you divide that by their three libraries that's $489,44
their three libraries which I think is awfully high also Sterns County has 11 libraries at $2156 if you divide it by 11 at their contribution of 2 million 321618
and then on Todd counties they have four libraries at a contribution of 362537 and there that if you divide that by their four libraries that's uh 90,63425
per library and then Wright County has nine libraries at 2,414689 and divide that by 9 that's 268,29877 per library and like I said I I know that's not the proper way but when the board that when the the library board is
not supplying the counties with and and this was my point to talk at the library board was I believe could be wrong but I believe that there's a lot of people on that library board that have no idea including commissioners that they're
paying above thee on on on their library stuff and if they knew and and when we went there then I kind of caught Brandy before the meeting and said that the statement made in their um agenda item was not an accurate statement because we
never chose to defund the library whatsoever. I nobody said we were going to. However, when I was at the meeting, Mr. Pop, you brought up the fact that um in the agreement that we have that you had talked to Karen, which is the
previous library board person, that she told you that all six libraries needed to approve the fact if we wanted to get out of the library. I think that is where the misconception came in because this board has never talked about getting out of the library system. I
think there's a need for the library. Um, when Brandy was here, she made comments about how it comes out of, you know, some of our funding goes to the Royaltton and the St. Cloud Library system. And um, but then when they went
as a board to make the cuts, they want to cut just from Foley, not from the other two libraries that she insisted we also cover. >> Commissioner Bonoy, real quick, did they take action that night that they didn't let anybody talk?
No, they called a special meeting. They called it a special meeting. >> They called it a special meeting, but yes, >> a special I that this is one thing that I was unclear about. How can you take action on on a special meeting and not let public input happen?
>> Well, if anything, I guess, Mr. Chair, I mean, the only time you actually must allow public comment is if you have a public hearing requirement. >> Okay. >> So, it really is at the discretion of that board whether or not they allow public input. Again, it's only required if you have a public hearing. >> Mr. Chair, what I'm confused about though, sorry to interrupt you,
Commissioner Benoy, but if I understood Branley Brandy correctly when she was here, we asked her for additional information. >> Correct. >> That information didn't come back to us before the GRL board made their decision. >> Correct. Correct. >> Correct. But her question to the board
in that meeting or she was questioned on the fact of uh uh she did let them know that we we're looking for additional information and a breakdown of that information and asked for uh the board's
recommendation on whether she should dig further for that because she wasn't quite sure how to get all of that information out of the system. and she asked for the board's direction on which way she should go with that. And it was
a unanimous decision by that board not to have her dig into it. >> Well, and that was that was due partially because of staffing and how many hours that it would take to get that. They don't have a system like that as of now. And I think she's looking into that.
>> I'm I'm going to tell you the days of fraud. >> You better have a system like that. >> Yeah. And I I I'm going to call BS on that. >> They have that information. >> She's dug and well and then they were between finance directors, but there's nothing that says it costs this much
money to run the Foley library. It's a whole >> How do you set a budget? >> They set a budget according to tax capacity, um, population usage, and then the needs of the library. What what frustrates me is they come in here and explain for our
$540ome,000 that we pay that we we benefit by three libraries, St. Cloud, Royaltton, >> and Foley. But yet, when we choose to to go back to oure or or try and halt the
additional funds, they only they only affect fully, >> right? So they they either they either got to stop telling us we benefit by three libraries or spread it out between the three libraries. They can't have the best of both worlds here. And as the chair, you
you need to stand up for our our our board. Um, I can can tell you right now that, you know, because of other counties see the how they see it that if Wright County says
if we wanted to cut ours by 83 thou, which is roughly 83,000, they would expect that all to come out of Wright County's libraries. You know, Benton County is kind of in a different position because of the agreement that Sock Rabbit signed way back that they would never ask for a library or
Sartell, you know, a portion of Sartell. So, it's a it's a an agreement that the library needs to work on or a deal that and they will probably work on trying to get that. So once again, we're in a contract kind of like the airport where
it takes everybody to let somebody >> these should be illegal. >> The joint powers agreement that they have can be looked at again in 2027. >> Well, and is it is it a joint powers agreement, Monty? >> Yeah. >> Yes, it is.
>> Been in existence since the mid 1970s. >> But is it considered a joint powers agreement? >> Yes. Yes. Yeah, that is a JPA. Yeah. So, so at that point in time, they cannot be looked at every year. Then, Commissioner >> looked at it, I think she said the last time it was looked at was like in 2011,
2016, somewhere in there. They only look at it every so many years. >> Well, they should be looking at it when things were brought up by other communities. Is it fair to say, and I wasn't at this meeting, but I've I've heard Is it fair to say that other commissioners said we
don't need to know where every cent is going at that meeting? >> Yes. I I I'm appalled by that. I am too. And I in the day of what we've been through
in this state over the last how long >> to to to understand where every cent is going. Isn't that our job? >> Yes. >> We get we get held to the to to the >> right, Commissioner Johnson. >> Commissioner, but I'll put you on the spot here a little bit because I know you have the numbers, but the $6,624,
whatever that number was. >> Yep. >> Was that came up based on what the additional uh dollars to the MOU were going forward because once that was approved, that would lock us in for another term. >> Correct. Correct. Well, after checking
with our county attorney, because I did that, too, and I believe you all received that same letter from the county attorney stating that uh because we have been paying above thee, >> um that
it it only goes back, it locks us in for a three-year period. And the and the reason for cutting that 6,000 what odd dollars it which is >> probably a a a small portion of what the a very small portion of what the county pays. But if
we agree to pay that, then we are locked in going forward with a with we can no longer because we've been paying above thee for so many years. We are no longer able to drop back to that by state
statute. But if we don't cut the $6,624, then the library board can continue to keep going up and up and up and we will be locked into that. >> So would that be for a three-year process and not being able to do that next year?
>> Commissioner Pop, >> I don't know. >> I don't know how that part works. >> Okay. >> Just kind of curious about that. you know, that's never really looked at going back to thee >> to >> because we know next I'm sorry, we know next year that will probably be an
increase 3 to 5% increase too. >> You mean from this year >> in general? Yeah. >> Um, no, that's not necessarily true because if you look at from 20 2010 to 2016, Benton County only had four years of an increase and it's based on
population usage and tax capacity. Um, when you come to the funding, they talk about that once in a while. Per capita, we are the lowest of the six counties on a per capita basis, but that's kind of based on we're a smaller county. >> Are we talking about libraries? I'm just kidding. But we only got one compared to
everybody else. >> Well, that's not really true. I mean, >> but it's only being affected. Former commissioner that was that was there said that you got to look at the agreement between sock rabbits. And it gets back to the point that the library really didn't know how other than take
it out of the general fund. And I'll tell you the people on the library board, they weren't interested in taking it out of the general fund, $6,600, because they felt other five counties have contributed what was set up by the budget. And if that's what Benton County wants to do, they it basically said that
this is the way we will penalize Benton County. >> And I agree with that. But they should they should penalize us in Royaltton, St. Cloud >> and and Foley according to their numbers that they present to us, >> right? >> Which have we been presented? >> No, which haven't been presented.
>> That has been brought up a couple of times about getting trying see if we can get to one library like Foley Library, what it actually cost to run Foley Library and it'll be far, you know, if you take the citizens and how many people visit Sock Rabbits and how many
people visit Royaltton, what it is. >> Mr. Chair, to your point, Commissioner Kaminsky, is they talked to us about the benefit not only to Foley, but to St. Cloud and to Royaltton. Yeah. Why then can't we take that benefit away from the three? >> I don't
Yeah. I don't think they would do the Royalton one >> because it has to deal with other counties. Let's just the elephant in the room, >> right? Y >> no other county is going to say we're going to take >> Right. You know, I mean, same with you people go to Becker. Sterburn County is supportive of it and they are not going
to say penalize our library when it comes down to it's the library board that has the final say on where the funding is going to come and they're not going to penalize you know cut an hour or something from s from the St. Cloud library because we're not paying the 6600
>> but yet our dollars that we're providing towards them is being used at the St. Yeah, >> correct. You're absolutely correct on that. >> So, unless unless we can break it down and and they, you know, I agree with you. They should be able to break that down >> and say, >> but why move ahead with that vote at the
GR level by April 1st without bringing that information back to this board who asked for that information? >> Correct. >> I Yeah, I don't know. It was on the agenda and >> again, it was a unanimous vote. It it it was unanimous misvote. And I
could be totally wrong here in stating this, but by talking to other county commissioners that have sat on the library board in the past and or talking to other counties, there's a lot of those people that I believe currently probably sit on that library board that
are not aware of all these numbers on this. So, in my opinion, um I don't think that the library uh staff is being 100% transparent with their board members because we all know
how how boards change when commissioners change like Commissioner Pop said next year somebody else is going to have to sit on that library board. Well, they're going to come in and and are just go with the
flow. I I mean, had I had the opportunity to speak at that meeting, all of those counties that were present, cuz they had questions, they asked questions and they were being answered
vaguely, I would say. Um, I think they would have been enlightened by this. And and and the other thing that I will say is that Brandy brought up the fact that there's two different library systems in the state of Minnesota. Uh a federated library system and a consolidated
library system. And she said they run differently. Well, it's six and six. There's 12 library systems in the state of Minnesota. Six of them are a federated library system and six are consolidated. And when I go to like the AMC conferences and talk to other county
commissioners, they belong to also, which I looked up, consolidated library systems, and their dollars they're contributing to their library system stays in their county irregardless if their constituents are
using other libraries outside their county in that consolidated, their dollars stay in their county. So y again I I was very disappointed in the fact that we can't get actual numbers to find out what the Foley
library and I was disappointed in the vote the the the board's voting on the fact of that they they felt it there was no need for Brandy to spend the time looking into that. Yeah. And again like I said it was
unanimous. >> Mr. Chair. >> Yep. >> Just a couple last comments on this. I I sit here and go how we we we didn't say we were getting out of library. I think all of us agree that there's a need for
a library system and everything. Now, do I think that I I'm I'm not going to um paint a rosy picture. I I don't think library systems are growing by any means. I think the online I think people finding it online, everybody's got these these days, right? everybody can can
figure out what they need. Uh but I do believe for the youth and and uh for individuals a library system to go to is good, but at what cost? >> Yeah. >> And that's what we were trying to get to was we asked specific questions for
detail on where the money is being spent and and and we get a oh you guys don't need that. >> No, I don't think that wasn't the part that they said you don't need it. part was that it wasn't available the way they were doing business today. >> So then how can they move forward making
a decision when they can't provide the proof of where that money is going? >> Well, it was other counties weren't asking for the proof from their counties and Benton County was. I mean, >> so there's where this whole agreement's got to get blown up. And once again,
this is another statemandated situation >> that has fraud written all over it. I don't know if I would call it >> if you can't prove numbers. I'm going to tell you >> the numbers are there when you look at how the system was set up. >> I mean, you know, they used to have >> then provide them.
>> They used to have they they got the numbers on the whole system. They just don't have the numbers about the little library in Swanville that is open maybe two days a week. >> Commissioner Pop, I'm going to tell you the li we heard this yesterday from from Foley. They request financials.
>> Yeah. from the city and they got to do it in a very timely manner or they get multiple emails asking for that information. So, how can the library board ask the cities all over for all their financials on their
library but not have to provide their own and said and and say we just don't have that information >> and move ahead with the decision >> and move ahead with decisions. Yeah, that's what's disappointing. >> And then and then misrepresent
what this board asked for. >> I agree about the ask. It was, you know, >> but then you got to agree about it at the meeting, too. >> They ask for this for the deal. The system for the funding is not going to change because that's the way it's set in.
>> I get that. But if you got seven commissioners and eight commissioners, whatever it is, we may lose 8 to one. Seven to one. But at least we got that one on the record saying it's a no-go. >> Well, it's more than eight. It's like your 15 member board because there's a
point. >> And that's another thing. We got one member >> and we're the lowest one other than Todd, right? Or does Todd have two? Count. >> No, Morrison Morrison, Benton, and Todd only have one. >> Yep. >> And that was something we looked at.
>> So, we're on the short end of sick. We pay the most. We got the least representation and the least libraries. That's three strikes in my opinion. >> Well, >> and one more thing that I just want to say that the general public is probably not aware of is all of these libraries,
the building, the the FFN, which is furniture, fixtures, and and their electric and their uh trash and all of that is paid by the city. That is not paid by the library board. >> Yeah. >> That is paid by the city. So the
buildings are required upkeep is by the city that they reside in. And just for clarification, you are correct. We Benton County has one board of on the trustees. Morrison has one. Sherburn
County has three, which in each county, one of those is a commissioner. And Sterns County has four, Todd County has one, and Wright County has five. So, another agreement we can't get out
of. >> Yeah, I mean, keep paying. Yeah, I agree with you. It would be tough >> to switch that how it was set up way back when it was done in. >> Um, one thing that Brandy did look at recently was like the East Central one.
They have a minimum of two at least, >> you know, people per county. But once again, it's going to take all the other counties to let us agree to let us have one more that this is these agreements. I know Michelle Myers is in
the these these are so illegal in my opinion. >> Yeah, they're an agreement you can never get out of. It's it's >> till the end of time. No, >> I think the the $6,600 um for the other counties looking at us,
I think is a minor amount. I think that's, you know, >> they're they're turning their their head though to the principle of all this. >> Yes. Correct. >> That's what we're doing for as a principle. >> Yeah. >> I mean, >> in the days of budgets going up and everybody else having to cut, the
library seems like we can add >> and >> well, the library is not adding that. The the portion that the library has added over the course that I've been there has been very minimal. We actually had >> then why did the why did it go up >> decrease then we have increase years and it's based on usage and tax capacity
and >> so why did it go up this year was a tax capacity >> capacity and and >> so if they don't need it why do you >> it's based on the whole system so maybe maybe Todd County had less usage and
less tax capacity than what Benton's tax capacity went up >> so in reserves is There's not we we've spent reserves down from a maximum amount down to we're almost to where that's you know it's what's required of us. The reserves are not great anymore.
>> How much are in the reserves? >> I couldn't tell you without looking. >> The 3 million plus. >> Yeah, probably. >> I think Brandy, if I'm not mistaken, don't quote me on this, but I think when she was standing at the podium here, she said it was 7 million. >> So, we have a seven They have a $7 million budget.
>> That would be one year surplus. 7 million in surplus. >> It's down to 4.5 months or but it's not nowhere's near a year. It used to be 10 months and they kept jacking it down. We've used you know 500,000 one year 400,000 one year.
>> Okay. We got to do something. >> And you know I I will say that I would I would think the $6,600 is not a large contribution from the county. And in order to go forward and look at it better, I think the county should
reinstate the 6,600 for this year and then they will work on it as we're going forward. >> We never took it away >> since since we >> we didn't take it away. >> Since I've been on this board, we've been asking Karen when they come in here because they've got this user membership
deal that as long as you use your library card for one time in three years, you're an active user. >> Mhm. We've been asking for to update that. >> And they've updated that. >> Okay. >> Where's the information? Where's the information? No. But they're they're updating that. It's not >> it's not about how many times you swipe
the card. It's about how many. >> But if if we give in right now, >> it's it's entirely >> the library board wins. And you know, because I don't they they put the golden hammer down and and we got Benton County to give the $6,000. And there goes our
principle on this matter. I think if if the $6,600 is not paid, Benton County residents lose because they're going to take it out of bank account. >> I would rather give city a fully the six grand. >> I would. >> And have them figure it out. >> Yep. >> In my opinion, than the library board
because the library board I mean this is a pretty controversial deal. We're the only county that's done this, >> right? No. Well, there central that's doing the same thing. Well, in our region, in our region, and Bry's not here today because there was more
important things to be done, >> other commitments, she said. >> Yeah. For another library in >> Sherburn. So, in my opinion, I I will not support the extra 6,000. I would rather give it to Foley and figure that out that way.
>> Until we get until we get the answers, I don't support it either. I I believe that they owe us answers on where the money is being spent. And I I don't just want it on Benton County Library on the Foley Library. I want to know the expenses straight across the board with
the 33 libraries that we have so we can kind of see which how much each library is actually costing each county. >> And I think I think all the constituents in all these counties need to understand that people don't think that we need to have
this information. People don't think we need to know where every penny is going. I think that this is a this is a compounding issue right now that the longer we sit back and and agree that we don't need it, >> it's just going to we're going to keep
kicking that can down the road and we're enabling it. >> They got to provide this. They have it. So give it to us. Don't >> I don't think they have it right as of now. >> But that there again I'm I'm going to stop. >> How how can they not have it? We're required to have that for county
ditches. We're yesterday we sat in a cow on grant funding from uh for our health department and they have to document their every 15 minutes they have to document to keep that grant. There's no reason that the the library board should not have to document. They get state
funding for this. >> Yes, they do. >> So, how can they not have this? >> I don't know why they don't why they don't have it, but it's never been done. I would like to set the next when we're doing cows the next library meeting as a Benton County cow so we can all come
there and ask that question >> and I would I would love everybody in the public to come and come and ask that question too because I think I think everybody deserves >> we get question on every dollar here. >> Well, it's in the I'm in the same boat
that I was when I got on the board. I thought the library funding was too much. And until you go there and see the system work and how much they've cut back from the course of nine years, I mean, we used to have 280 employees. Now
they're down to 225. We used to have um like uh I don't know what else we used to have like the funding part is way less today than it was 10 years ago. >> Well, Mr. Bishop Pop, those are good things, but that doesn't answer the question that we're trying. Yes. Yes.
And and for me, my issue is taking it all out against Foley. >> Yeah. >> Yeah. >> Yeah. >> And that's always >> if they're high on the hog that St. Cloud and Royalty are a big part of this. >> That's our selling point all the time. How much we benefit from St. Cloud and Royaltton. That's where our people go. >> That's right.
>> And and actually Foley is one of the lower ones on on where where people on the usability according to their >> Shel or Shel would know about that. >> Yeah. Shelley, would you like to speak or not? I want to thank you for the email you sent us. What I will say is
she gave us information that last year 16,432 patrons uh came into the library system. Correct. >> I'm not here to put you on the spot, Shelly. It's >> No, it's okay, Commissioner. I can answer that question. Yes, we do a door
count. Um so we get an approximate number. We don't do it every day count. >> Sure. >> Um and those numbers are extrapolated from that. Okay. And then you also say $371,441 is the value of the collection in Foley,
>> right? We don't have uh we have extended our collection over the last couple years trying to serve the population better, but that is what's listed in our statistics as the value of the collection. >> What was that dollar value? >> 371. >> 371441.
374,441. Uh, let's see. I'm just trying to pick out the high points here. Sorry. In this email, >> uh, you printed 14,500 pages >> for patrons last year. Do you charge for that? I mean, roughly you
>> We do for a black and white copy. It is still 10 cents a page. That has been the same price since I started at the library 12 years ago. >> Anything else you want to add? You know, I mean, it's not that we're against >> wasted against the library.
>> No. And we're definitely not against you or anything. It's it's we just need the dollar. >> It's the process. >> Well, I get to You're against the system. >> I'm not against the system. Just have the system do what we have to do. >> Yeah. >> Prove the numbers. >> And I think they can.
>> Well, that's all we asked. >> Also, it was a short period of time when a system that they never had in place. They're going to have to go through that. They send a a van out to go to six or seven different libraries and have to determine how much of that daily route
goes to Foley, how much goes to Becker, how much goes to Big Lake. >> I would >> and they don't do that today. >> No, but Shelley gave that to us in this email. Thank you for that. You also said last year you had 387 children participating in summer reading challenge. You want to elaborate on
that? What that's all about? We run a program for eight weeks during the summer. Children come in and sign up and take part in return slips based on how much reading they do. And we have had a fairly steady increase on that
each year. We have done visits to the schools to try to promote it. The teachers help us promote it. It's important to keep them reading during the summer so they don't have the slide. >> Okay. Thank you. Anything else you'd like to add? I just wanted to pick out
the the highlight points in your email >> and I thank you very much for this email too. >> Well, and we really tried to benefit the community as a as a whole. I know you are supportive of the library. >> Yes. >> But at this point with the $6,600
whether or not you have voted one way or the other on April 6th, our hours will be cut if it's not said that it's reinstated. So, um, I'm expecting my pay to go down by $2,000 this next year because of it,
>> which absolutely is horrible. I hope you see where we're coming from. It's like, why isn't this split between the the other two libraries, which we get told we're huge users in. >> I understand. >> But the other counties, and I'm not I
mean, I don't know if it was approached that way, but I got to assume why would other counties vote to take one of their libraries down, >> right? And you know I had I had the conversation at the time when we were doing this with Todd County like you know theirs funding is similar to ours and that and he had no interest
in doing anything with their library. He said they they like the way the library system runs like how their library is open to many organizations in there in Long Prairie. But there's a lot of if you look at the
proximity of our libraries. Now you look at the proximity of the ones in Sterns and Todd and stuff like that. There's a lot of close libraries. >> Oh yeah. >> And again, I do think that it might have been a different outcome had I been able
to speak at the library board and let them know the whole board know all the numbers and everything I went through at today's meeting. But that unfortunately was not allowed. >> Shelley, do you have anything else you'd like to share or not? >> No, I'll I'll sit back down.
>> Okay. Thank you for speaking. Sarah Brun, do you have anything you want to say or anything with the city? Um, I can just elaborate that we did uh update the council on the situation on where this is at and and the council recognizes this is a issue between the
county board and Great River and they hope that that dialogue can keep going. Um, they respect your questions. They understand, you know, where you're coming from, both sides of the issue. Um, but we just hope the dialogue can keep going because there is a lot of benefit um to the library. Shel does a great job at our location. Um, and we
are happy to host that library. Um, so we're hoping that you can continue the conversation and and get this resolved at some point. Um, I also will say from a city standpoint, we have a financial commitment to this as well. Um, you know, this cut is one a few hours here,
but if that continues, that could be something that the council then has to consider. What are we doing? If we're having this space, we're paying for this space and we're getting fewer and fewer hours. That that could be a conversation that the council would have if that continues.
Thank you for that information, sir. >> No, >> go ahead. >> Is it Is it fair to go back to the board and say two wrongs don't make a right? We we shouldn't cut this money, but you should give us the information and
everybody put this on pause till we get this information. >> Could do that. >> I think that would be very fair. >> Okay. >> I mean, >> well, yeah. I think I think you know we could definitely find that out. And we do have library board meeting tonight
and there's open forum. >> What time is that? >> 6 o'clock. >> Can't set it. >> But it's a public meeting. >> I understand. But it's there. You have to have a three-day posting requirement to have a committee of the whole.
>> Yeah, we couldn't have a committee of a whole, but we can. >> No, but but it's a we just can't go there and talk >> Monty >> meaning individually. I'm going to look at Michelle. I I would not advise it. Again, you you're discussing a matter of county business, right? And there if there's three board members there, then
it constitutes a quorum and then it is a official board meeting subject to three-day posting requirement. I'm sorry to be the bearer of bad news, but I do not believe you could all >> So only one board member can be there because Mr. Well, Mr. Pop will already be there. >> Do I count being on? >> You have one additional, right? Yeah. >> So only be one additional. So only one
of us Mr. Pop can be there. I have other obligations, but I can probably change them. >> If you can't, I can probably go. It appears the next meeting isn't until May. Is that correct? >> Tonight. >> No, no, no. The after tonight though. The next
>> there'll be I suppose. Yeah, April. Maybe workshop. >> We didn't see anyone in May. We I'm sorry. April. We see May. >> Yeah. >> The rec regular meeting of the board of trustees is May 19th. Looks like May 19th. I didn't see an April meeting posted on their web page.
Okay. Board, what do you want to do with this item? >> I would like to table it. >> I'm going to move to table. >> Okay. >> Till the next till we get a response back from GRL. Okay. >> Okay. Any other discussions?
>> Other than that, got a second. >> I'll second. >> Okay. >> Now, no more discussion. >> No more discussion. We're done. >> Oh, sorry. Sorry. >> No, that's all right. But Scott, that's right. Okay. I'm going to call the question. All in favor say I. >> I. >> Motion carries. We'll just take it for now.
>> Okay. Next. Consider resol. Go ahead. Consider a resolution declaring the county's intent to negotiate the convenience of the portion of the county government center to a nonprofit to house community services.
An interesting view here this time on goto. Anyway, uh so Mr. here. Uh this is our first first formal action requested of you uh to begin the process to redevelop and repurpose this government center property. Uh so uh this
resolution was based on a conversation with Mary Iple. Mary is an attorney with the Taff Law Firm that has served as our uh legal counsel for public finance matters uh for a very long time. Um, you may recall we've discussed possibly conveying this property to our the county's economic development authority.
Uh, Mary said she recommends we hold off on that until we vacate this property, but we'd like to begin discussions with a nonprofit about a possible transaction with conditions. So, Mary suggested, how about asking your board to approve this
resolution of intent? And this says to prospective nonprofits, this is the county's plan to convey it to its EDA. It plans in to engage in discussions with you about the terms and conditions of a possible sale. And I ran this
concept by the representative of the nonprofits we've been talked to, Mr. Riley. He liked the idea of having this resolution. It gives them some asurances that hey, we're serious about this because I think from her their perspective, they'll start to incur
costs themselves to put this all in place. In other words, create the nonprofit uh begin looking at the cost of renovations, have an architect look at this building and so on. So, I think they like the idea of having these asurances that the county is in fact serious about this this plan. So, this
resolution, your packet, Mr. here was drafted by uh Mary at the Taff Law Firm and I think the core piece are the really the last page the two the two after the now therefore be it resolved the intent and then the conditions section. Uh so again the intent says we
intend to transfer it to our EDA and then the conditions say um we basically intend to uh discuss with a non nonprofit healthc care provider uh some form of transaction with various conditions attached. One thing I asked Mary to include in this was the notion
that that this space must always have provision for University of Minnesota Extension. Yep. >> So that's clear to everyone is that University Minnesota Extension will continue to be a tenant in this building for foreseeable future. Right. So Mary
did include that in this resolution. So I think that's it, Mr. Chair. Happy to answer >> any questions. Move for approval. >> I'll second. Yeah, that was quick. Any further discussion on that? I'll call the question. All in favor say I. I.
>> Oppos? Motion carries. Thank you very much. County administrator report. I I'll move quickly. I know we got a lot of folks in the audience. Uh so we'll move this really fast. U the board uh I believe this goal setting session talked about having county board meetings at alternative locations and times. You
wanted us to check into whether or not live streaming was a capability. For example, city of Sock Rabbits and the city of Rice. The city of Rice is no. They do not. They did not have the technology for that. The city of South Rapids is very close to having that technology available and I understand
from Toddin about 60 days they should be ready to roll with streaming technology. So I'm reporting back to you on those issues. So I guess at this point it's really to you all. Do you wish to have at some point county board meetings uh nights and or alternative locations? Uh
just toss that back to you all. Well, we did talk about alternative locations, but apparently it's only one location that can be happened at, and that'd be Sock Rapids in the next 60 days. >> That's the only one that can that's the only one that can stream. >> Correct. Yep. So, at that point in time, we have time to think about it and
consider if we want to do it. And if we want to do it, do we want to do it during the day or during the evening? >> I mean, would it make sense if we do do a different location that we actually do it at night to kind of satisfy both? >> Yeah, I'm open to that. >> Yeah, I'm open to that, too. We're open to that, too.
>> I am. >> So, we're going to we're going to hold on this at this point and and and once city of Sock Rapids is good to go on stream, make sure >> we'll want to go over there and we'll want to test it and make sure it's >> it's working. I know Steve actually did go over and he was visiting with the city of Sock Rapids and sounds like it's
good to go, but they're not quite ready. Okay. >> Going to be a little bit. So, >> Commissioner Benite, do you have something to add? >> I I just It's s Did you say six to uh >> 60 days? 60 days. >> Couple months, they should be ready to go. Yeah. >> Okay. >> Yep. >> Yep.
>> Okay. >> More to come on that. >> Sure. >> Okay. >> Uh very quickly, update on government center. Just a few things. Uh of course, we're in the midst of many meetings with with fluid regarding furniture, fixtures, and equipment. uh they have had meetings with most
departments to talk about very detailed department needs like storage or maybe some unique aspects of their cubicle furniture like something like uh clear glass versus frosted glass. That's an example. And they've got one more meeting with the administration that'll
happen um when I'm back from this little vacation trip. And u I know they're also meeting with the supervisors on the supervisor office. You may recall when Becky was here, there wasn't clear consensus on the supervisor office. So, I've organized a meeting of every person
that's going to be in one of these offices, hopefully reach a consensus on what that should look like. Uh so, Becky will be back soon uh to start talking with us about conference room tables and chairs. Uh they're now ordering the cube that they're going to set up in the
human services break room. I think they're going to attempt to actually set up both the tall cube and the short cube. So let people kind of take it for a test drive. Uh that's probably about four to six weeks before that is here for people to take a look at. So again, moving along with furniture, fixtures,
and equipment. Just very quickly on tech, of course, Commissioner Cincy is very much involved in this. I understand. So the low voltage will go out to bid April, sorry, March 25th. And bid opening will be here in this boardroom on April 21st. April 21st.
That's low voltage. And then security is going to get posted uh April 15th and that bid opening will be here on May 12th. So that's other aspects of tech is low voltage and security. That means like door control systems and cameras.
So again, great thanks to Commissioner Kapinsky for his assistance and of course with Dawson as well on that. And I think that's it. Uh next is update on government redevelopment planning. Of course, we just talked about the the resolution. Uh
we've been working with our county surveyor on a survey of this property to split it into two parcels. That's almost done. Uh I plan to have this. So, we need to take an administrative subdivision request to the city of Foley. I plan to do that at the May 21st
Foley planning commission meeting. So, that's the first step to create this administrative subdivision to split this into into two parcels. Again, the survey work is almost done. Uh, so that's moving along. Uh, so now that you've adopted this resolution, I will share
that with Mr. Riley and I believe the next step though is is ask you all to meet with legal counsel in close session to start talking about the terms and conditions of a sale. What do you want that to look like? What conditions you want attached to it? And so on. I
believe since this this is a um a discussion about the sale of real property that can be done within a close session. That's one of the permissible reasons for a close session. So I view that as kind of the next step is to is to confer and discuss the
conditions of sale because then your your redevelopment subcommittee which is Commissioner Benoy, Commissioner Johnson, they need to know what what you want to achieve when you sat down with Mr. Riley and his and his folks.
I think that's enough on that one. And Susan was going to give you a quick update on the class comp maintenance program. Is that correct? >> Okay. >> And I have one more item to mention to you before we go. So, >> good morning. >> Good morning. >> So, our favorite topic, right, is our
class and comp. We're in year three. >> Um, >> we're starting that process. We had a kickoff meeting with DDA regarding um what this year looks like, the job descriptions that we are looking at. Um little bit of changes this year. We are setting hard deadlines
um for to have this process absolutely completed by August so that it can be in the September budget, right? Um we're going to set hard deadlines for um employees to get things back to us. If they don't comply, they're going to be out of luck. So, I'm going to be the bad
guy, but we are not going to, from my understanding, last year was quite taxing and we're not going to go through that again. Um, going forward, Monty and I have been in discussions. I have not had a discussion with DDA yet, but um, we're going to re-evaluate how
we do this um, because it is very labor intensive. um and what this looks like after year three, we're not quite sure yet, but know that um we're going to change some things up and it's not going to be a full evaluation um of everyone starting all over again.
>> So, just an update there. Any questions for me on this? >> No, >> no, >> no. Thank you for that. >> Thanks for working through it. >> I think we all agree we need to reinvent class and comp. >> Yeah, >> it needs a fresh look. At the last board
meeting uh I was asked to compile the listing of the comp time max acrruals by group. So I have assembled this very quickly for you all and you can see it really varies substantially from group to group. So non-union via personal
policies is 40 human services 50 and highway is 150. That's been in place as long as I've been here. And I think the notion is, you know, the the plow drivers put in a ton of extra time in the in the winter and then I think that gives the ability to use that time in the summer. So that's what happens. Uh
local 49 property managers 50, the deputies are 60, uh detention officers 40. A little bit of caveat there with detention officers. Basically, they're almost all hourly. So they're just paid cash time and a half. So that really isn't an issue with detention officer
dispatch. non-licensed soups are 40 but we made an exception for the jail sergeants where they get 60. It was again a note negotiate. You can see in my note there CBA means collective bargain agreement. So these these come from those CBAs which means they come
from negotiated agreements with these groups. Uh license soups 60 hours and then teamsters clerical is 40 and their their contract is silent on that. So when a contract is silent on a provision, the personnel policies apply. So in this instance, it's 40 hours. So
again, you can see it's it's um quite a bit of variation that has evolved over the years for uh comp time max acrruels. So just reporting back on that issue. Questions on that one before I take that off? >> Questions? >> Thank you. >> Thank you. >> Thank you, M.
>> All right. >> And I think it's time I'm done. Who's next? >> Okay. Steve Bakowski, our interimm county engineer. >> Consider a bridge priority resolution. Thank you. >> I have an updated resolution, Mr.
Chairman. It um it's pretty much the same as the one that you have in your packet. The only thing we have removed the two bridges that are >> um >> Thank you. >> in the 20 26 construction program. Yep. >> Um, but it's recommended that they stay
in the in the resolution until they're constructed and so they'll get built this year. So, I added them back in. >> Okay. Thank you. >> Thanks, Steve. And then I'd also like at the end here to discuss
the year. >> Thank you. >> Thanks. to do everything. >> Well, we still fashion is okay, Steve. >> We still appreciate you being here. >> So, Mr. chairman. Uh on the resolution,
it's a listing of the structures within the county. We go through an annual bridge inspection and uh information of those inspections are input into a program that we utilize that has been developed by the Federal Highway
Administration and and u administered through Mandot. Uh once that information is is in the program, it goes through and calculates this LPI that is shown in the resolution. It's a local planning index and essentially uh a number that
tells you the condition of your structure. The lower that number becomes, the the higher priority your bridge is because it technically should be in worse shape uh because that number is low. In order to get funding, whether
it's uh federal funds, whether it's a bridge bonding money that the state puts out, you have to have a structure that's under an LPI of 60. So, what we have listed in the resolution are our bridges within the county that are under 60.
Requires uh the board to adopt the resolution. So, then we can proceed. The next step with this would be to uh start the development of the plan of whichever structure we would see would have the the best opportunity to be funded. And
the way this is u the way this looks right now, our county state highway 4 bridge 05515 which just came on the system as it went through the 2025 bridge inspection program came in. uh there's some there's
some pretty severe uh deterioration on that structure to get a 41 rating and not be in the in on the bridge list previously. And so um by adopting this resolution, what I would do with this is begin the plan development on that
structure, make a grant application to MDOT, and start to proceed to try to get that structure replaced as soon as we could. Um the other structures that are are on the resolution, we would be in contact with how the funding is coming
through. Currently, there wasn't any bridge bonding money in the governor's uh proposal. Um hopefully we'll see something in there and as that funding starts to show up um structures that may be funded that we would uh know about we
would pursue those to try to get the the bridge plans in the grading approach plans done and uh get authorization to replace those structures. That's that's kind of how the program works. So my request, Mr. Chairman, members of the board, is that you would authorize
this resolution. Um it goes in with the uh with the grant applications that we would make for for funding. >> So move questions. >> Okay. >> Second. >> Okay. We got a motion, a second. Any further discussions or questions on this?
>> I guess my question is so that you that on county road 4 that 5515 will that move like to the top of the list on what needs to be done then? >> Yes. >> Okay. >> Okay. Any further discussion? Now to call the question. All in favor say I.
I. >> I. Opposed. Motion carries. Thank you. >> Thank you, Steve. >> Yep. Next. Five-year plan. >> Mr. Chairman, members of the board really appreciate the board coming out for our planning meeting last week. Um, we went into through the uh the uh 26
program pretty detailed, but I wanted to present that again here with you under uh in in this board setting uh to review this again. um and give you the update on our status and get direction if there is anything that we're not uh that we're
not proceeding the way the board expects it to be. Uh road number two, county stated highway 2 is a project that's scheduled for construction in 2027. It falls under it's going to be a reconstruction project. So we get tied
into these environmental regulations. Uh we have overhead power through a a number of locations on County State Highway 2. Um so what we want to do is we want to remove trees uh this year and we we because of the environmental
restrictions, the endangered species, we have to do that within a very tight time frame, take the trees down. We'd look to relocate the utilities this year. Uh and then when we go to letting in 2027, the the contractor doesn't have to contend with any delays, that type of
thing that are be a result of relocating utilities. So that's what we are moving forward. We uh that that's progressing. We're going to we're going to uh do the tier tree clearing this year. County State Highway 3, we just received notice
that we can move to uh to bidding. This is a this is a project in which we had two things happen. Um it was uh previously anticipated to be a state aid project. You we uh we relocated federal
funds to this project and then we accelerated it using our state aid monies. And so what'll happen we'll pay for this project uh and it's a reclaim project uh on on three. We'll pay for this project with our state aid monies and then the following year that will be
repaid back into our account with federal funds that come into the into the mind. So it's uh you upfront the money to get the project done. Your funds are replaced then the following year when that when the federal funds become available. So that's what's happening with that project, but we just
got authorization to advertise. So that's uh that's on schedule. Um the two that fit together here are uh 10 and 23 where those were anticipated to be um reclaim projects. What I would am proposing to the board is that we
would uh quite a bit of this these two segments of roadway are in fairly decent shape. There's a section uh kind of through the main part of Dwalm that that isn't in too good a shape that I would propose that we do maintenance action. and it's about a mile and a half of
these uh two two roadways. Um we do a maintenance action on that and then push them out further into the program. The other segments of the roadways uh won't have any issue. I I don't believe in being able to hold up until we get to
them at a future date. That'll also free up some some of our funds um for other activities, other work. on 13 the uh mill and overlay portion. I propose that we'd move that to 2027. The
reason that I'm uh requesting the board to do that is because we have uh we are the two bridges um on 13 or the bridge on 13 is also scheduled to be constructed this year. Um we're very close to getting authorization to to uh
move that to bid. It never works very well to have the bridge out and bridge replacement at the same time you're trying to pave the roadway. And so I'd like to get the bridge replaced. Then we'll follow up next year with the the re the reclaiming and resurfacing of the
roadway. Um on 29 the the roundabout at 1 and 29 is under construction scheduled to begin uh begin June 1st. And so that that one is uh things are moving forward with that. Of course on
29 the uh the extension uh we've we've discussed that uh quite a bit that's moved to 2027 because of uh some of the issues in or moving it to authorization with the Federal Highway Administration.
It's looking like and the schedule that was laid out in the last meeting that we had with MDOT is that a bid letting sometime in December is what the schedule is attempting to accomplish. uh 30 33
in Sock Rapids. Uh I'm requesting that that move to 2027. We have five federal projects in our program. That's a lot of federal projects. Federal projects have substantially more things that have to take place. Uh testing that takes place,
documentation, all those type of things. And by adding having this uh project in here just I think overloads our system and uh the roadways in a condition that we can we can uh it it can it can be
carried over and we're not going to have a detrimental effect. There's quite a bit of concrete work that's going to have to be uh conducted when we do do this project. And uh if if we did do it this year, there'd be a lot of inspection that we don't have the ability to do with all this other work
that we're going to be covering. Um 11, the H project, the striping, that's being advertised uh currently. The build grant application, we were uh completed that and that was s submitted back in February.
Uh the 55 project, that's the rebid project. Uh that was uh it was bid it came in uh with a a bid price that uh didn't fit I believe with the city of is that the city of Rice and it was
rejected and now we are currently rebidding that project. It's out for advertisement. um the the countywide safe uh safe streets for all. We're working with that. We have our task force forum and we'll be holding one of the first task
force meetings in the probably the next month. Something that I added in uh to the bottom of the the program here for your consideration and direction on what we'd like to see happen with this is a is a consideration of a roundabout at County
Stadium Highway 3 and 80 once the future um 29 extension is built. Um, I did show this as a multi- multi-lane roundabout and I use utilized the estimate that we uh have for the uh 29 roundabout that
currently is uh under con under bid and and scheduled to be con constructed this year. There hasn't been any work done on this, but once the extension is constructed and we start to bring that traffic down to this intersection, it's
anticipated we're going to have some issues there. And I'm looking for direction on whether uh you want me to move forward with this at this time. Um, one of the considerations would be to try to try to uh do this on a fast track. It it won't be tied to the 29
extension project. it it complicates that and delays that. Um it it would it would take local funding, meaning uh sale local option sales tax or wheelage tax to fund it. But we could bid it in a
way that we'd have very competitive bidding because we we we would be bidding it, I think, on the same day, but it'd be two different contracts um with the with the 29 extension. So you have contractors that would really want to do it at the same time and so they're
going to really have to sharpen their pencil I think if they're going to want to do it that way. The other option if we can't get the thing built for your consideration if we can't get the thing designed into bid um the the 29 extension is anticipated to take to to
carry over into 28 construction. It's not going to be finished in 2027. Uh, and it this project would be one that could be bid and finished up at the same time that the extension was being finished up, but probably not bid at the
same time. So, it just depends on how if you really want to proceed with it, then we could see if we could fasttrack all the plan approval. Uh, otherwise, we just it' follow a normal process. >> Commissioner, >> Mr. Chair uh Steve on that let's just
say that we go ahead and we authorize it at at least to be designed we could bid it and because it's a separate project if it if it comes in higher than what we think or something we could just say we're not doing it at this time and >> yes >> and and be done with it because it doesn't it's not affected by the other
contract. >> It's a it's a pretty inefficient way to do it if we can get it done. >> Mr. Mr. Chair, I think we had consensus to to do that >> to >> Yeah. I mean, it's got to be if you're going to build it in with the 29 extension, it's got to be cheaper. I mean, the other one we're doing is much cheaper ones.
>> Yeah. >> Which brings me to two other questions, Steve. On Cassad 2, um are is there a roundabout in the plans for the intersection of CASAT 2 and 78? >> Yes. There's a there's a roundabout in the plans. >> Okay. And then did we get a rightway yet
from DNR on that section of >> um We have all the rightway acquired. We have not got sign up from the DNR yet. Uh it's just they're slow. >> I shouldn't probably say that on camera. >> True. >> Um it's a process they that they go
through. I don't It's very seldom that you have issues. It's just that it takes them some time to get it through the system. >> It's just slow. >> Mr. Chair, I'm going to move for approval of the CIP plan for the road and bridge capital investment for 26 through30 as presented to us today.
>> Second. Got a motion and a second. Any further discussion of this? Thank you, Steve. I appreciate what you're >> Steve. Thank you very much. >> You know, >> and if not, I'll call the question. All in favor say I. >> I. Motion carries. Next. >> Just just uh one other issue. We uh road
restrictions have gone on uh in the county. They went on uh a week before last. Um and the way the way that occurs is that um Mindot MDOT has systems set up throughout the state where they're
monitoring air temperature, frost penetration, all of that is being monitored. And as those changes take place, uh they make a determination on where restrictions, wind restrictions go on. And typically they begin in the
southern part of the state because because frost is is coming out earlier down there. There's different zones as you move for north uh from the southern part of the state. Uh and when Mandot goes on with their restrictions, we go on with ours. And then it's typically 10
weeks from the time they go on to when they go off. Um, in in my discussion with Mark, uh, and it's the same thing that we did up in Morrison was that we'll monitor the condition, especially the gravel surfaces, uh, how they're
holding up as frost is coming out. If they're in fairly decent or if they're in decent shape, then we'll remove restrictions when MDOT removes it off of the state highways. If they're still healing up, that kind of thing, then we'll extend the dates on the county
road systems. There are certain ones where we'll leave the postings out there until we we believe that uh they have enough strength to start carrying loads again. >> So, that's how that's accomplished. >> Great. Thank you for that. >> Thank you very much, Steve. Appreciate that. >> So, we'll hear from you in 10 weeks
again then. >> You'll be at my party. >> You'll be at my party. >> Okay, there we go. At at this time I have to excuse myself for medical issue and Commissioner Johnson will be taking over this portion of the uh meeting. Thank you. >> Okay. Thank you, Mr. Chairman. All
right. Uh move on to uh our public hearing to consider the 2026 solid waste facility license for waste management, Republic Services, Mindon Transfer Station, Hinkamire Landfill, Inc., Sand Hill Organics LLC, and Tom Kramer, Inc. doing business as East Side Transfer and
Recycling. Um before we open the public hearing on this matter, uh we'll have a report from staff. >> Hey, how's it going? Good morning, commissioners. >> Morning. >> Uh in your packets in front of you, um as Commissioner Johnson stated, we have the 2026 facility license for Republic
Services known as Menon Transportation, Waste Management, Hank Landfill, TKI, who's doing business as East Side Transfer and Recycling, and San Hill Organics, who's doing business as Tri County Organics. Um all five applicants or applications are similar as the ones
you've seen in the past um past couple years uh including last year. Historically the board has required a $10,000 bond with a liability insurance minimum at 1.5 million with no payment into the test well monitoring closure and postclosure contingency fund. Um the
exception of that uh was being Hank and Meyer landfill. However, in 2018, Hank and Meyer had paid the maximum allowed um by statute and is no longer required to contribute to the fund. Um I have completed an official on-site inspection of each of facility site. They have all
passed. They are proposing no changes to their current license and operations. Um as I have talked to MPCA, there is no open violations as well. Um so so staff recommends uh no changes to requirements of a $10,000 bond with
liability insurance at minimum 1.5 million and no payment into the test well monitoring. Uh in summary, I'm requesting or billing zone is requesting two motions. First to have the board set the bonding and insurance and second is to direct the chair to sign the attached
facility license. If you have questions, I can try my best to answer them. >> Thank you, Luke. Members, any questions for staff? Any questions? Thank you. Thank you, Luke. If there's any representative or owners here of the any of these operations that
would like to speak, any representatives, owners. All right, we'll move into the public hearing portion if there's anyone from the audience that would like to address the county board in regards uh to this agenda item. If so, if you please come to the podium and state your name and
address. Again, anyone in the audience, anyone online that would like to speak in regards to this agenda item? And final call, anyone that would like to speak in regards this agenda item. All right, hearing none, I'm going to
close the public hearing. Uh members or excuse me, staff, any additional emails, letters from other government agencies, anything else that needs to be included? >> No, I do not have any emails or phone calls. >> Okay. Thank you. County board, what's your wishes?
>> I'll make a motion for the bonding >> and insurance. >> And insurance. >> Would you like them separate motions? Is that what >> uh could you could you please reread the two motions that you're requesting? Thank you. >> Requesting two motions. First to have
the uh B or the board set bonding and insurance and then the second is to direct the chair to sign facil. >> Okay. I'll make a motion to uh approve the bonding and insurance. >> I'll second that. Okay. Any discussion?
Hearing none. All those in favor? >> I >> opposed. That's carried. And we need a second motion to authorize the board chair to sign. >> Motion to authorize the board chair to sign the uh solid waste license. >> I'll second.
>> Okay. We have a motion to second for that. Is there any further discussion? Hearing none. All those in favor? >> I >> I opposed. And that's also carried. Thank you, Luke. >> Thank you, commissioners. >> All right, we'll move on to our next public hearing uh to consider ordinance
number 503 amending the Benton County zoning map to reszone a 2.5 acre parcel from R1 to B1 on Jasmine Loop Northwest in Wattab Township. Roxan. >> All right, give me one second to pull up the screen here.
Okay, while that's popping up, I just want to hand out a few just a quick note. >> Thank you. >> Thank you. There it is. Okay. Good morning, commissioners, if it's
still morning. Um, before you, we have a request from Andrew Falton uh to reszone his 2 and a half acre parcel from single family residential to B1 um which is our our business district and the purpose is
to allow for the continued operation of a landscaping business. The planning commission did take action on this item last Thursday at a public hearing and the planning commission voted unanimously to deny the resoning
request. Uh there was one member missing so it was uh seven votes and the resoning uh the reasons for the denial were that the resoning would create nonconformities. the lot would not meet depth requirements for the commercial
district and single family dwellings are not permitted in the B1 district. So, we'd now have a single family dwelling that would be considered a legal non-conforming use. And additionally, uh it would be classified as spot zoning.
So, what brought us here for 7655 Jasmine Loop? Little history on the property. In 1986, the property was owned by Donald Schmidtz, who applied for a conditional use permit to have an accessory structure that was larger than
800 square ft. He was approved for 900 ft and that was just the process rather than going through a variance um at that time. So, he was approved for 900 ft accessory structure. In 1991, Joseph Willing purchased the property. In 2007,
he applied for a variance to add 4,200 a 4,200 ft addition onto the accessory structure to store personal items, including two race cars, a 48t enclosed race trailer, and an extended cab DY
pickup. So, at the February 15th, 2007 board of adjustment meeting, Mr. Willing stated that the only work he would do is on his own race car and that's in the minutes for the meeting. He also stated that everything is listed under Fat Joe's Racing for liability reasons. So
that is why that that name is associated with that property. The land use permit issued stated the structure is not permitted for housing humans or livestock or for commercial uses. In 2014, um Mr. willing applied for a score
grant for the for waste for a waste oil burner which is not out of line for somebody who has multiple race cars and he was issued um score grant funds for that waste oil burner. In July 2025, Andrew Fton purchased the property under
the assumption that the commercial uses that commercial uses were allowed based on the tax classification and what previous what the previous proper property owner had told him. Um and so I want to get into um just to give you an
idea. This is the this is the current site so that you have a a visual in front of you. Um and that's the structure. The house is um to the left on this picture. So I want to touch on some of the key differences in tax classification versus
zoning district. Tax classification is what the current use is. It's the actual use of the property and it determines the percentage of a market value that's applied. Um, examples include homestead, residential, non-homestead, agricultural, commercial, industrial.
It's used to calculate tax statements and that's where that confusion comes in on tax classification. Whereas zoning focuses on the or excuse me, the zoning district focuses on uh potential for legal uh uses that are permitted in that
area. Regulates development such as building height setbacks, land use applications. Examples are one residential, B1 commercial. Um and basically it dictates what can legally be built or operated on
the property. So, the takeaway is that a property can be zoned commercial, but if it's used for residential purposes, the assessor may tax it as residential. Now, we'll get into the resoning request. And there's factors for consideration with a resoning um such as
what's the size of the resoning area? The proposed res is the proposed resoning consistent with the comp plan. Is the use classification consistent or inconsistent with surrounding uses? Will the resone parcel create an island and of non-conforming uses within a larger
zone district? And then will the reszoned parcel dramatically reduce the value for uses specified in the zoning district of either the reszone plot or abudding properties? And I'm going to walk through each of these one by one. So what is the size of the reszoneed
area? The area is 2 and a half acres. It's in a development called Estates that was established in 20 or excuse me 1983 was when this was originally developed. It has always been zoned for residential uses in this area and it
consists of 22 single family lots is the proposed resoning consistent with the comp plan. This area is planned for rural residential uses as is the majority of Watab Township except for areas that are along Highway 10 where we
have highway commercial uses allowed. So, if we're looking strictly at the land use uh map, it is not consistent because this area is zoned or excuse me, the land use plan sets it as uh rural residential.
Just want to hide this quick. So, consistency with the comp plan, our comp plan is the guide for the future development of the county. It contains policy statements, goals, interrelated plans um for private and public land and water use, transportation and community
facilities. And a significant amount of time is spent uh working on this comp plan every 10 years or so. And it's setting those guidelines for development in the county. So, if we're strictly looking at the goals and objectives of the comp plan,
um we want to look at uh chapter three, which is our goals stating um in our land use section regarding commercial and industrial development. Specifically, policy number one talks about commercial industrial development should be located within planned areas
with adequate road service and upland area and regulated through conditional use permits. Additionally, uh goal number three discusses mobility and citing commercial development uh to avoid truck traffic through residential areas.
Um in chapter 4 which is on land use, we also discuss commercial centers and nodes and that they are planned for areas that are suitable for commercial and industrial uses. Is the use classification consistent or
inconsistent with surrounding uses? Um, as you can see, the surrounding uses um, directly adjacent to this are residential in nature. We've got R1, everything to the north is R1. Um, we've got R1 directly across from the across
the railroad tracks and then R3 um, along the Mississippi River. We've got R3 MUD, which is multi-unit development, part of the Cove development. Um, the town hall is zoned R1 because we do allow for government centers to be
located in our residential districts. Um, the area closest that is zoned for commercial uses is directly to the south. It's part of the cove. Um, that is B1. Um, just worth mentioning is that we don't have any development in there
currently. Um, and I know that directly behind it to the west, it shows a similar color and that's just because it's PUD. Um, but it is R2 development directly to the west. So, what are the some of the uses
allowed in our R1 district? And you're going to primarily see those lower intensity uses. You're going to have your single family homes, daycare facilities, even government buildings like the town hall. Um program facilities, so maybe an adult foster
care home. Um recreational facilities are your parks, religious institutions, so your churches. Um what uses would be allowed in the reszone district. And so our commercial district B1, these are uses that would
be permitted by right. they would not come to the planning commission uh for approval and so they would simply submit a site plan and they would be allowed within that district. Um things such as banks um indoor commercial recreation.
So, maybe you've got I mean, this is probably a little this is way out in left field, but if you've got indoor uh a go go go-kart track or something like that that people are are coming to or a skating rink or something, um you could have a contractor shop, assuming that it
has all of the storage is inside. If it's if it has exterior storage, it would be a conditional use permit. Um, so those are just a few of the things. Grocery stores, nurseries, green houses, uh, but also cannabis retail shops, uh,
things like that. So, what uses are allowed in neighboring districts? Again, we're going back to that single family residential because that's primarily the zoning districts that are surrounding this property and they do not create a safety um, traffic or nuisance concern.
Are those uses in the reszone district compatible with the uses allowed in the neighboring zoning districts? Um considering that the parcels surrounded on all sides by residential districts, um the B1 district would allow for uses that um you know may may be uh that need
that ability to quickly reach higher functioning roadways. They may contain outdoor storage, have longer operating hours, create noises not generally associated with residential areas, require increased lighting, and other aspects that are not generally fitting
for a residential area. Would the reszone parcel create an island of non-conforming uses within a larger district? Um, it appears that this would create an island of non-conforming uses. This is this
appears to meet the classic definition of spot zoning uh which is the process of singling out a small parcel of land for a use classification totally different from that of the surrounding area for the benefit of the owner of
such property and to the detriment of others. Speaking of nonconformities, by reszoning this we would create two nonconformities. The lot would not meet the required 330 foot lot depth for a B1 district. So we would now have a
non-conforming parcel. Additionally, the dwelling would become a legal non-conforming use because residential dwellings are not permitted in the B1 district. Will the resone parcel dramatically reduce the value for uses specified in
the zoned district of the reszone plat or abuing property? In conversations with the county assessor, he had stated that there's likely to be an impact on property values of abuing parcels specifically with this current business operation.
And there's just another definition of spot zoning um as provided by the Benton County Attorney's Office um further stating uh a case. With that, I would ask if there's any questions from the commissioners.
Members, >> any questions for staff? >> Mr. Chair, >> Commissioner Kinsky. >> Um, because we got into some numbers earlier. Does Brian know about how much it would affect the other prop adjoining
property owners? that would and I know Brian is listening and if he's able to come in um maybe he will but I from the best of my knowledge he can't predict that until >> if Brian if you just want to mention how
it works in determining the how it affects neighboring properties. >> Sure. Thank you commissioners. Um yeah, so what we would have to look at is future sales and where our assessment is compared to what properties are selling
for and we make adjustments based on those sales. Um, one of the things that I I know looking at this property, um, previously with it being more of a auto repair type shop that stuff was done in there, you know, the question was if
there's a large landscaping or landscaping with trucks coming and going, would that affect other um, parcels around it more than if somebody was working on a few cars inside of a garage? And and my answer was yes. I do believe that that would affect that. Um, but again, to what extent, we won't know
until we actually get sales to show that. >> I got a question, Brian. So, I know we have a parcel that's connected to that. That didn't seem fair. Say you have down the road parcels are sold and it doesn't
affect the sale. Would that impact that parcel too then? I mean, >> I mean, >> hard to hard to determine. >> It's very hard to determine. Um, we want to make sure that we're looking at, you know, we call in every sale that happens in the county and we ask the questions,
you know, and if we see something that the property sold for sold for significantly more or less, was there something that impacted that sale? Uh, example, you know, if there's a an elevator or something right across from a residential area that has bean shells going, you know, and it affected that
that that actually happened in in another jurisdiction that I worked at. So, uh, we we saw that in the sales in that neighborhood. So, we did make an adjustment on those values downward. >> Well, I think it's fair to say that a property that's a half a mile out versus the property next door is not a
comparable sale because they may not really see that as a detrimental deal where >> half a mile down maybe not. Correct. >> Yeah. But if you're right next door, yeah, there's a impact on what your value property value is worth. >> Correct. Okay. >> I would agree. >> All right. Any other questions for
staff? Thank you, Brian Rapan. Thank you. Thank you. If we could please have the applicant uh andor their representative come to the podium and state your name and your address and the request for the record. >> First of all, happy St. Patrick's Day. >> There you go. All right. My name is
Matthew Fountain. I am the owner of ENT's Tree and Landscape. Uh my son Andrew and I purchased that property on Jasmine Loop back in July. Uh, I think um that we're we're we're seeing a classic example of what was and what
could be. It was a a a automotive repair shop. There's no doubt about it. So, and to say different that they were just working on racecraft. I didn't realize what the power points and stuff. But in this packet, I have pictures of 20 30 plus vehicles sitting at that property,
satellite imagery, um ground photos of it, and uh uh the county knew knew knew about it. I positive on that. I mean, you look at it was taxed that way for and I know Scott, you've heard this a couple times already. taxed taxed that
way for approximately 10 years before and uh it was given as far as a score grant goes that score grant was made out to fat Joe's Racecraft care of Joe's Willing as the owner of the property that was made out to a company and score grants generally how I read it aren't
given to just individuals who walk in there and ask for something there has to be a massive use and if you're saying just for race cars or something like that well that's still a business it's a licensed business and I have the license for the business that was advertised in the Benton County Herald when it was put
in back uh back then. Um as far as you know, another thing of flying under the radar. It's uh I'd like if you guys could to pass around this packet has all the tax papers in it. It has a score grant in it for $3,800 and as Mr. Gapinsky was talking about fraud. Well,
shouldn't the county do some due diligence then back then to determine if this was a business? They made the check out to a business. And if that's not a legal business operating at that address, then why is the com uh the the county giving out funds for that? If
anything, that encourages it. And when we purchased this property for Mrs. Willing, it was, you know, we looked at the tax statement. I defy any of you before you worked on county business or in zoning as we were talking about the other night that uh that you walk down
the zoning department when you're about to buy somebody's house and say now are you sure this is just residential you look at your tax m statement a reasonable person always looks at their tax statement so that's basically what we went off of and that was our due diligence may maybe it was mistaken but
I think as a as I said a reasonable person would just would just assume that That would be it. Um, as far as again taxes to the county, to the benefit of the county, and I'm not arguing in the fact of the reasoning because obviously
there's a lot of things there and I can understand we have some neighbors who have a problem with that. I I completely understand that. But when we bought that, that was a business and we assumed from what we looked at with taxes and how blatant that business was. It's not like it was some business down in the
basement they didn't know about and now they're suddenly coming after it. This was a publicly advertised business. Everybody in that general area knew about it. He had a uh we clean up the ditch sign from the township. Uh town the former township u supervisor Craig Gond knew all about it. He was actually
the one who helped him get the score grant for the business. And as far as uh the when when it comes to the property um as as how it looks, I mean it's amazing. I mean, she has u Miss Aman put up a picture of what it, you know, like one of our grapple trucks and the other
things. The majority of that has been removed. They came talked to us. We got some letters from them when we discussed it with them and so we removed some of it. But are we still doing some operations in the garage? Yeah, we are. I mean, we paid $420,000 for that
property with railroad tracks going behind it. So I I I mean you guys have heard this all as far as the you know the reasonzoning. We were never given any satisfactory answer when I went and talked to Miss Aman about this. We I basically was shut down right away. Uh
didn't want to hear anything use the term oh well if that flew under the radar for 20 or 10 years that's not our problem. We have nothing to do with the assessor. Well you both fall under the land use department. So, I mean I I there's there's there's many factors in this. And as far as the
reasoning, I mean, I I could care less about the resoning. That was the only option after basically 6 months we were given besides doing some legislative act because we were told she would not accept a variance or a conditional use permit. I and I really think it's
incumbent on the board here to look at everything leading up to this and maybe if there's some something I don't know if they offer in the laws a special conditional use permit or something stating you know we'll put up a fence uh many stipulations you know no you know I
I don't know how many axled vehicles you can't you know this that or the other something to allow us just to change oil and work on some of our equipment. We've incurred a very high big financial burden on this just to have the carpet pulled out from under us. So, you know, I'd like if you guys would want to look
at it real quick. I have pictures in here, the tax statements, the store score grant, which was approved by the county commissioners. Obviously, again, I'm not arguing the point of of the resoning, but allowing us somehow. I mean, we bought this under
the contention that this was a business, and a common, reasonable person will look at it. Yeah, this was a business. >> So, >> please bring it up. Yeah. >> Yep. Go ahead. Commissioner Pinsky, I got a question for you. How did uh Was there a real litterer obviously on this
probably? >> Yep. But it was basically we used him as a uh uh a goeteen. So, then >> save the real fees. >> Yeah, exactly. So, >> did they did they represent it as a business before? >> Uh you know, I to my son Thomas. Did
they >> they sold it to us saying that it was actually zoned 1/3 acre commercial and that's why the property was so valuable and that's why he's been able to run his business out of there >> and I believe that was from looking at the tax at the previous year's tax
statements. >> Okay. But as far as the resol I mean I don't have I mean I can I that was the only option we had. We we you know basically spent 500 bucks 600 bucks on knowing we were going to get shot down on it.
>> Mr. Chair. >> Mhm. Go ahead. >> Um I take it that one/3 acre is not accurate being zoned. >> Yeah, that is not accurate. >> Okay. That kind of kind of bites all the way along because the realer,
you know, basically said that some of it was commercial, wouldn't >> Yeah. Any other questions for the applicant while they're at the podium before we go into a public hearing? Any other questions for the applicant? >> I'm sure you'll have an opportunity to
come back up, but I am going to open the public hearing and listen some other people. So, thank you. >> Appreciate your time. >> I will open Go ahead, Roxan. >> I just want to address a few things. Sure. Um, I just want to mention that a v a use variance. So, the allowance of something that's not permitted in a
district is just actually statutoily not legal. So, we are not able to grant a variance. That's why it wasn't able to go through the variance process. Um, additionally, we can't grant a conditional use permit because again, it's not a permitted use within that
district. So, it's not an option. It would have to be a permitted use or a conditional use or an interimm use within the residential district in order to be allowed. >> Okay. Thank you. All right. I'm gonna open the public hearing if there's anyone that would like to speak in favor. Anyone opposed? General comments,
questions, or concerns. If you could please come to the podium and state your name and address for the record. >> Good morning, commissioners. Thomas Fountain, 5709 85th Street Northeast, Foley, Minnesota. Um, like my father said, him and my brother bought that
property kind of solely based on the property history. Uh, well-known automotive shop with a lot of traffic. Uh, everybody liked him. He was cheap work, but he was good work. Everybody in Soccer Rapids, Foley, Royaltton, Rice,
everybody in the area knew him. And uh and that's kind of how we got dealt in or they got dealt in with them was just knowing that a business was running here with a beautiful shop and uh it's been set in stone for how many years? So everybody knew about it. That's kind of
the property history. And what kind of put the frosting on the cake with them buying this property was looking back at the tax records and seeing the county's been taxing this wetting their beak and this extra money from a business running
out of here. So they know that a business has been running out of here. They haven't did anything to stop the business from running out of here for I think it they started taxing it as commercial land and building and residential split in 2015 I think it was
and and Fat Joe never received any letters or anything about them putting that extra tax on it. He's like sweet I'm in the clear. This is awesome. Um, so I don't know how that would be right with the county knowing that an illegal,
according to Roxan, the business flew under the radar. It was illegal, but yet you guys are still pulling the money off of the top of it even though you know it's running illegally or didn't try to shut it down for how many years. And like my dad said, he put
the Pat Joe's Racecraft LLC put his business name in the Benton County Herald in 2004. I have that listing on my phone, a photo of the a print out of the newspaper. Um >> Thomas, can I interrupt you? Was are you referring to the certificate of assumed
name business >> with the address of the business location and his personal name? >> Thank you. >> Yep. So, I guess that's kind of the whole reason why they bought the property. And um I just want to say that
um I got it somewhere right here. >> Well, it would be hard to find. >> Yeah, true. Well, I guess working on the equipment is far far less action taking place at
the property than people 20 people coming in a day getting their oil change because he did oil changes for $25 a pop. Um, from us leaving there in the morning, going to work all day and then coming at night and hopefully on the weekends being able to fix our stuff.
Uh, it's just Well, that's just a little bit of the property history. Everybody knew about the business. The county knew about the business. The county taxed it as a business. But yet now when it changes hands and I don't know if a
complaint came in, then they try to stop everything, switch the taxes back just to R1 residential without telling the property owner himself that it's changing. And uh and like my dad said, they could care less about changing the
zoning. Actually, it's just making something work from the history of this property because like if if I was the neighbor, too, I wouldn't want an R1 residential zone property to change to commercial because it's going to affect
my property next door cuz somebody like she said, in a crazy world, somebody we they could sell it and put a cannabis shop there. We don't want that. They just want to be able to work on the equipment and use the shop what it's been used for for the past 20 20 years.
So I guess that's all I got. >> Thank you, Thomas. Anyone else like to speak? >> Josh Mays 7755 Jasmine Loop. My property is the one right next to this one. My house is 100 to 120 ft off that line of
equipment. I think we'd all agree that that equipment is a lot different than cars and trucks. And they'd like you to believe that Joe ran a business out of there from day one. Well, he built that in '07. I think Roxan said they permitted it. He worked on his race
cars, his friends race cars. We have a picture from 2016 of our daughter going to first day of school. Green grass where they put a whole parking lot. Uh green grass, there was five to seven cars in the picture with one RV and a
trailer. So, there hasn't been 30 cars sitting there for 25 years. I know Mr. Pop said on Thursday night that he was out at that property. That was after they got two letters from the county and one from the county attorney. Obviously, they're going to move that stuff if
they're going to have people come out there and look at it. But they start that grapple truck is loud. We all agree with that. They come in the neighborhood with that loaded. I mean, it's just a big loud loud business versus working on
cars and trucks. So that's why we would oppose it and and you know we feel bad for the fountains buying it, you know, under that assumption, but that isn't shouldn't affect the whole neighborhood because they made a mistake or whoever sold it to him mistake and the previous
owner what they did or did not do in there has really no uh I don't know what the word would be but relevance to our situation. Now, we have talked to three realators and they all said the same thing that our
property value would decrease if sold. We talked to a real estate attorney. They said the same thing as your tax uh person said here that it would decrease. The way I understand how it works is like if a lower if if our house
sold for a lower value, then they do a market analysis of that area for all the houses. So even within a half mile, if our house is similar to their house, it is going to drop the value of their houses the way the realators explained it to to us. So that's why we would
oppose this. Uh thank you for your time. >> Thank you, Josh. Commissioner Kinsky. >> Uh Mr. Chair, Brian, this might be a question for you. We're looking at this as because it was rated or it was tax commercial. >> Sure. What would this property evaluate
at based on the county's numbers if it was just went back to residential? >> Because what what I'm hearing is is the >> the realer portrayed it as part of it as commercial. They bought it as part of it being commercial. They're thinking what
so if they paid 400 what did you guys pay for it again? >> 420 >> on today's market. What what is it? 320 is it? So, what I mean, it's a hard question. What I will say is I'll kind of take a step back. The assessor's office, we don't look at zoning. So, I
just want to make that really clear. Um, we we value the property based on the current real estate market. We classify it based on how it's being used. If it's a residential property being used residentially, we classify it as residential. The classification rates go
along with that classification that's set by the legislature. So, if somebody is doing something commercially on their property, what we would do is we would take that building that they're doing commercial work on. We would classify that as commercial and then they would
pay that a corresponding rate on there as well. Um, the value of the garage, we're valuing that as a garage or a shop like we normally would in that area. And I know that when they purchased, I don't know the exact dollar amount, but um I I
think the answer you're asking is our value on that property was about 320,000 when they bought it for 420,000. So they may have paid more because of the commercial, but we were valing it. >> Okay. >> Just like a garage or a shop. >> Okay. So, Brian, to that point, I think
uh and Thomas, correct me if I'm wrong, but I understood you to say that the property tax statement has changed from commercial back to residential. >> So, >> or 26 uh assessment payable 27, you're showing
it as residential only. Uh when the sale came through our office, the the electronic certificate of real estate value that's filed with every sale um said that the the use of the property was residential. And I know Maria in our office called and verified the sales
like we do on all the sales. And at that point, it was our understanding that there would be no commercial use on the property any longer. So it was changed to residential only. Mr. Fountain came in and told us, "No, he's still doing it's still being used commercial. It's
out, you know, whatever." So, we put that shop back to commercial tax class, not zoning. Um, and so the 26 assessment that has gone out has that building classified as commercial tax, not zoning.
>> Changes today for the 26 assessment payable 27, it will stay residential and commercial. >> It will. And if and if there is no residential use and it and it's no longer being used residentially, certainly could take that to the WATAB board to change the classification back
to residential or county board. >> Okay. >> Yep. >> Okay. Thank you. >> Yep. >> All right. Anyone else like to speak? >> Yeah, I just like >> this really has nothing to do with the zoning, so to say. This has this is a small business and I and I pointed this
out at the um zoning meeting. We we paid roughly $45,000 last year in fuel for running our vehicles and I guarantee you a huge chunk is only a mile from here at that Super America right on the corner at 25
and 23. We're we're adding a lot to this tax tax base around here between that I mean paying just fuel charges. We pay transit use taxes when we do jobs in here. We work for uh Langola Township doing ditch cleaning with them.
You know, between the state taxes, federal taxes, the county gets everything off of that. So, and this is a future thing. This is a future. These these are young men trying to start well I technically own the business but it's going to be going to Andrew and trying to make a go at it and and we do look at
I mean our wood processing and everything is at different sites. We use Berski a lot for dumping in their pits but but we want to I mean expand the business and definitely it would go to obviously a larger thing because we're we don't bring wood back or process it
and stuff at our at our property. So, I just want to just want to put that out there that I mean this is some pretty good revenue for the county also on it. So, >> thank you. >> Thanks. Yeah. >> Anyone else, Mr. Chair? Um, >> so the intent is never to bring wood or
anything into this property. I mean, >> no, I mean, if there's wood in the back of a vehicle, Yeah. I mean, if you know, if it's late at night and Berski's pit is closed or something like that, we'll we'll have it in the back of the grapple truck, but we don't unload wood. I mean, unload wood. There was some wood there
when we cut down the big tree that was there. But I mean, as a as a rule, we don't process wood there. We don't do our firewood there. We don't we don't put our shavings there or anything like that. Again, I'm not even I'm not asking you on the zoning thing. I'm just trying
to appeal to you guys on a common sense basis that uh we should be able to still use that shop. and you know in some capacity I know my son went and talked to the neighbors and said hey if you have a problem with anything come over and tell us I mean if there's stipulations put on something
>> that that was my next question is if the county could put any kind of stipulations on it >> something like that I mean I it's it's uh that's so >> all right I'm going to continue on with the public hearing anyone else that would like to speak if you could please give me your name and address your name
and address for the record >> uh Lanny May 775 55 Jasmine Loop. Josh is my husband. Um I'm going to read to you this statement that I shared with the planning commission on Thursday. Um my husband and I have lived there for nearly 23 years. Um we're the neighbors
that share the property line to the north of Mr. Fountain. We're the neighbors that this resoning will essentially affect the most. Uh we're here today because we are opposed to the request to reszone his property as commercial, which allows him to operate a tree trimming and landscaping service right next door to a family's home. Um,
since the Fountains purchased the property in July of 2025, the character of the neighborhood has changed. The property line that is approximately only 100 ft from our south wall of our home has turned into a very large gravel
parking lot. It's often filled with big commercial vehicles and heavy equipment, making it look like um like an industrial park, basically like a construction zone, not just a auto repair shop. Uh, every time we look outside our living room window or patio door, leave our house, come home, let
our dog out, sit on our deck, or spend any time outside, we see this whole row of large vehicles and heavy equipment lined up along the entire length of their shared property line. It's not just a few cars and trucks like the previous owner had. Uh there's a
very large semi-grapple truck with a huge trailer, dump trucks, numerous trailers, loaders, skid loaders, numerous skid loader attachments, a lift, a wood chipper, several pickup trucks, a huge fuel storage tank or yeah, fuel storage tank, piles of tires,
big oil storage containers, and more. Uh the the majority of these vehicles are not quiet either, especially the large red the large red semi-grapple truck with the the big black trailer that they use to haul the trees they cut down. Uh this vehicle is often started as early as 4 to 4:30 in the morning,
waking us up and left running for 30 minutes or more to warm up before they leave. Um it fills our home with a smell of exhaust, so we can barely breathe comfortably. Sometimes we can't even open the windows because it just makes it worse or we have to close them because it smells so bad.
Um, this is not just occasionally, like Thomas said. It's it's daily. When they return home, they often use their Jake brakes when turning down our street and when they uh enter their driveway. It's loud. It's so loud sometimes shakes our walls and windows. Um,
I don't know. We were at the township meeting last night. I don't know if you guys got the but they actually did not re they sounded like they didn't recommend this to be reszoned as well. Um, but I just was going to I added that because I our concern is too is like
what are the commercial vehicles doing? Our little township road. Um, I don't think they were designed to withstand semis and heavy equipment uh multiple times every day. It's only going to deteriorate them faster, leaving myself and other taxpayers to pay for the replacement or
repair. Um there's often loud beeping that comes from skid loaders and heavy equipment when they are backing them up and loading them onto and unloading them onto trailers. Um all these large vehicles and heavy equipment are not safe to have in an industrial or I mean in a residential neighborhood where
families live and are raising or live with their children and pets. Um we have people that walk their dogs daily. uh kids riding their bikes, going for walks up and down the street, and myself included, like Mr. Fountain mentioned in his resoning application. Uh we have a
neighbor across the street from us. I don't think it was brought up, but he has a auto repair business as well, but he was grandfathered in. So, he's allowed to have his business there. You wouldn't even know he's there. It just looks like a family home. um if his property is allowed to be
reszoned or used commercially in any way, it's going to ne negatively affect our abuing property. Um if we ever decide to sell, who wants to live next to property that's zoned for a commercial business like Roxan's List? I mean, somebody could build an indoor golf court right next to our house and
it would be allowed because that's what it's zoned for. Um as the legal description states, I mean, it's an estate. It's not it's a neighborhood. It's not um it's not made for a commercial business. I mean, all the surrounding houses around it are uh single family residential homes. Um
also, what if we sell or if he sells uh will his will this transfer to the new owners? Uh will the new owners be allowed to run a business next door as well? What kind of business? Any type of business? Uh as he mentioned in the application, they're going to try to grow their business, which is only going to add more equipment and more
employees, which in turn is going to increase the noise. the vehicle traffic and cause some increased safety concerns. Um, our property value is going to decrease if his property is reszoned and he is allowed to operate a commercial business. We spoke with multiple
realators as well as a real estate attorney that also agreed that our property value will be negatively affected due to the nature of their business and being zoned as commercial. Our property was referred to as being less enjoyable by what you can see, hear, and smell and the safety concerns.
Uh over the summer, we actually had a garage sale and someone commented, "You have a really nice place here. Too bad you have that uh business next door with that huge parking lot and all that big equipment." Um Mr. Falton should have done his due diligence if his intent was to run a
tree trimming business uh at the property before he purchased it. one phone call to the county as a responsible business owner would have told him that he could not do that because it was not zoned for that type of use. Uh, this resoning request is not
due to any hardship. Thomas Fountain, his his brother and business partner, told us the business was previously located at his residence which has 5 acres and they purchased the property next door to move the business there. This resoning is for them to make a
profit. It will only benefit one property owner in the neighborhood while the rest of us lose value from our homes. And according to case law that I've read, and I also talked to an attorney yesterday, this would be a perfect example of what is considered spotzoning. Uh it creates an island of
non-conforming use which benefits a single owner at the expense of the neighbors. Uh lastly, when does it stop? If you approve this resoning, it opens the door for similar, possible, less desirable zoning requests for other residents throughout the county. um their commercial businesses
or commercial buildings and land for sale or lease for large businesses like this that they could use in Benton County rather than an area that was developed as a rural residential neighborhood where pe where people are re are living and raising their families. I just ask you guys to put
yourself in our shoes. Think of how it's affecting us and our property. The health, safety, and financial effect it will have and is having on our neighborhood. Would you want this to live right next to this right to your or um would you want this right next to your home, a place you've worked your entire life for? Uh we're asking that
you please do not approve this to be reszoned as commercial or allow it to even be used as commercial business in any way. Um and that's all I have. >> Thank you. >> Thank you. >> Anyone else? Commissioner Kapinsky, >> how long have you lived there by chance? >> 23 years. >> 23.
>> Anyone else? Public hearing still open. Anyone else? I've got a number of items to read in. >> Okay. >> Um, so let me first address uh what Lanny had mentioned is that the Watab Township board did meet last night and they do
not support the resoning request. I've got an email from Sarah Mslander at 7725 Jasmine Loop Northwest. Hello Roxanne. I am not in favor of the new zoning in my neighborhood. Residential zoning typ typically prohibits businesses that generate significant
noise, traffic, or commercial activity. If neighbor if a neighbor's business causes issues, it likely violates zoning codes and HOA or HOA rules regarding traffic and residential character. Such businesses can negatively affect your
home's value, particularly if they increase noise or parking issues. I have young kids that need to grow up in a safe environment. Please do not allow. There is no true benefit to this other than the owner. I like my neighborhood and want to keep it that way.
We've got Rick Austinorf who is at 7725 Jasmine Loop Northwest. I don't want another business in the neighborhood. We have enough traffic with Deluxe Lawn Care driving way too fast all day and night. The business that wants to come in is big trucks and way too much
traffic and our property value will significantly decrease. I've talked to a real estate appraiser and I'm not in favor. >> Roxan, real quick, do you know where Deluxe Lawn Care is at? >> I don't. >> Okay. >> They bought a new building on Bent Drive
by Jack Frost. They're not even >> They're not even over there anymore. >> Their business, >> but they were there. >> Yeah, for a short time they did. out if they're not there anymore. >> That No. Okay. Go ahead. Go ahead.
>> This is from Travis Feldward at 7810 Jasmine Loop Northwest. I'm writing to express my support for the request to reszone the property located at 7655 Jasmine Loop Northwest uh from residential to business use. As a nearby
resident, I believe this resoning is a reasonable and positive step for our community. The proposed change would allow productive use of the property while supporting local economic activity. In my view, the request is compatible with the surrounding area and represents a practical way to make use
of the land. I appreciate that the county carefully reviews zoning decisions to balance community interests, and I feel this request aligns with those goals. Allowing this property to be reszoned for business use will benefit the neighborhood and provide opportunities for responsible
development. Um, I had a comment from Julie Johnson prior to the township taking action and she had uh stated that she agrees this is spot zoning and does not recommend the change and at that time she stated, "I'm one vote on the board and she's
traveling much of March and cannot make the meetings." So, she was commenting as a resident and not part of the township board. Um, and then I've got Ashley Winter at 7775 Jasmine Loop Northwest. Um, I'm writing to you about the property reszoning for
Andrew Fountain. Since 2016, when we moved into our place, this address has always run a business. Prior to Andrew owning this property, Joe's Willing ran a business, Fat Joe's, which was a car repair shop. Since he sold to Andrew, there has been less vehicle traffic around the loop. There is another
business being run right behind our house. Kyle Beanick used to run his business, Deluxe Yard Care, out of his property for how many years? He has since purchased Picas transportation property off Benton Drive and has moved his vehicles to that location. But prior
to that, he had all vehicles and lawnmowers at this property on Jassen Loop. Andrew Fton has been a great asset to the neighborhood. We have had many trees fall onto the roadway and he has cleared them for us. We called the town hall and it was hours later before they got them removed and after that made a
phone call to Andrew and he came and removed them. By reszoning his property, you are not only helping a young man out with his business, but you are helping the community with a trusted tree service right in our backyard. Andrew is very respectful and is just a young man trying to make a living for himself. I hope you approve the reasonzoning
because it would be a shame to see him have to relocate because he bought the property with the intention of running his business from there. He has cleaned up the property and made so many improvements since owning it and I would rather look at work equipment than old cars like we had for many years. It's a shame that he has to go through all this
work when he was sold the property with the intent to run his business. And that's what I have for comments. All right. Public hearing still open. Anyone else that would like to speak? Anyone else? No. Was there anyone online that would
like to speak? >> Go ahead. Do you think you could pull up the aerial map, like the overview, kind of like the bird's eye view of the parcels? >> Well, they're doing that. Go ahead. >> I got a question, and this is for anybody that can answer it. Was there
anybody ever um turned in the lawn care business for all the years that they worked there? >> I'd have to look back at the property file. I don't have that in front of me. No. Well, I would assume probably not because this would have came in front of
the board if that was the case. >> Not necessarily. >> Okay. >> No, >> because because just just from where I'm at right now, and believe me, my head's going many different ways because I see 100% of both sides.
>> The problem the this could be just you like your neighbor, you don't like your neighbor. And I'm not saying that's what's going on at all because I I don't >> I'm just I'm just saying that I got a lot of businesses I know that are probably operating in
>> the wrong I know >> it doesn't make it >> right. It's still illegal. Um and just because we haven't been told about it doesn't mean we won't take action on it. Um I personally I I'm not scouring the internet or driving the neighborhoods to
find out where businesses are operating. If I did that, you guys would be looking at hiring about five more staff. Um, so we're not we're not intentionally going out and pursuing these. Um, but if we do find out that a business is operating, yes, we we're going to pursue that.
That's we have to um you know, that's part of our duties as the planning and zoning office and that's my duty as the zoning administrator for Benton County is to enforce the zoning code that was adopted by the planning commission and the county board.
Thank you. Go ahead, Thomas. >> I guess two things before I get to this just to mention on that would be to Well, maybe if you want to start enforcing it a little more and making this not seem like such a big deal when it like something happens so quick.
Maybe ask the tax guy on which it is which which properties are getting taxed commercial so you can fix it before something explodes like this again or gets everybody frustrated for something that would have been easily fixed right off the bat when they seen a business coming up. But with this aerial photo
you're wondering this is the parcel. This is the main road. This is Highway 10. So we literally take a right and and there the second house on the left. This guy says far less traffic. really nice guy. This guy says far less traffic because there isn't 20 oil changes being
done a day. And that's just the fact we go in, we go out in the morning, then come back in. And then when you got to go buy go buy parts for the equipment, you take the car or something like that. And this was that other shop that was running way in the corner for a few
years until he was able to grow and buy a bigger property with a bigger shop, which Andrew wants to do in the future. So, and this is the paint guy, Jim Walznac. I don't know if I'm saying that right, but he's the property that's considered grandfathered in to paint
cars and do auto body repair shop, even though what >> the previous owner bought the property when he already owned that property and he started doing business when he was doing business. So, wouldn't this property be grandfathered into as a
automotive repair shop if it's been going on just as long as him? She tells me he's grandfathered in. It's just, you know, like a little business development. I don't know. But I thought I'd point out the houses and where they're located. >> You have a question.
>> What What is grandfathered in on that? >> Address that. Okay. >> Yes. So, Mr. Lasnack has an auto repair business and he ha he was legally permitted to operate that as a home extended business and I think it's in my
in the staff report here if you give me one second. All right. Okay. So he began running his small repair shop in the 1980s and um in the ear or excuse me um yes and then operating it
in the 1990s as an extended home business. We allowed extended home businesses and we didn't have a definition of what was appropriate for an extended home business at that time. So, he was allowed, right? Um, throughout time, we fine-tuned home
businesses, specifically calling out that you cannot do a repair garage. So, that's what made him a legal non-conforming business. So, he was legally permitted at the time, and it has now become a non-conforming because it's no longer allowed. So, he can he
can continue to operate that business. Um, but he can't expand it unless he gets a variance, which he did in 2000. Let's see. I don't have it on here, but most recent I want to say in my time here, so it was 2022 maybe, um he did
get uh a variance to expand his legal non-conforming business. Now, the only thing that can happen there is that repair shop. It cannot be sold to be used as a landscaping business. It cannot be sold to be used as any other commercial operation. However, it can be
sold and continued to operate as a repair garage. So the difference is he was permitted. >> So grandfathering goes with it original owner. It can't grandfathering doesn't get transferred from one. >> No, it does get transferred. Yes. But
the use cannot change from exactly what is occurring on property. >> Got it. That's what the cup is for. >> Mhm. >> No, he didn't get a cup. >> There was never a cup even. >> No. No. It was allowed as an extended home business at that time. >> Okay. All right. Public hearing still
open. Anyone else who'd like to speak on >> Roxan, how did this come on our radar? What what did we have a complaint? >> You know, how did it become a complaint? Okay. >> Yep. >> Yep. And and much like other I this is not the only business that I'm pursuing
right now that needs to be following the rules. So I have others um just so that we're aware that I'm not just picking on fountains. >> I mean we've had other conversations about other businesses up there that were not >> Yep. Yep. All right. Anybody else? Josh.
>> Uh, just on what Thomas said, I mean, I don't want to sit here all day, but he said that Jim was grandfathered in to do the cars. Joe was doing cars. Working on heavy equipment is quite a lot different than working on a car or a truck or a race car. I mean, I think we can all
agree on that. A guy with a truck and a lawnmower is a little bit different than a guy with three dump or two dump trucks and skid loaders and a gravel truck and a trailer. I mean, I think it's just >> quite a bit different. >> Can I respond, Mr. >> Pinsky? I I I I completely get where you're coming from, but I can tell you
in my neighborhood right across the road from me, I had a gu a guy that raced cars, and when he fired that thing up at 7 in the morning, we all shook in our house. So, it race cars are a different animal than regular cars uh when it comes to loudness.
>> Ran a repair shop, though. >> Yeah, they >> But but but but it started with a race car. >> I'll reply to that. I lived there 23 years. I bought that property in 03. And when Joe did >> start his race cars, it was 2, three, 4 in the afternoon, 5 in the afternoon. It
was never 7:00 in the morning. So, I mean, >> 4:00. >> Yeah. You know, so >> yeah. No, I I just wanted to come because I I know my neighbor used to do that. And matter of fact, that's why we ended up buying the house because the person left because of it. Okay. >> All right. Anyone else would like to
speak? Anyone else that hasn't spoken yet? Final call. Anyone else would like to speak? All right, public hearing's closed. Um, uh, Roxan, has department received any other comments from state agencies, cities, or townships? You mentioned the
township, but any other >> No, I read in all of the comments that we've received. >> Okay. Okay. County board has time for discussion. What would you like to do? >> Oh, boy. >> This isn't cut and dry. No, >> there's so many wrongs here across the board.
>> You You look at the couple that's got the house next door. >> Yeah, values are going to go down. I mean, >> how do you determine how much? I don't know. You look at what they've purchased. Yeah, they purchased with intent to doing business. I don't know. >> Michelle, did you have comments?
>> You know, I just want to provide a little bit of guidance. >> Okay. Yep. Could you please come up to the podium? Thank you. I think uh it's important to remember that this is a legislative act that you guys are taking. It's not based on one property owner. So you do want to look
at all those potential uses that could occur on this particular parcel um when you are reviewing it. Um, the other thing that I wanted to highlight is there's extensive case law that talks about how a property owner is charged
with knowledge of how they may use or operate on their property. So, ignorance isn't an excuse of the law. So, it's unfortunate that there was a misunderstanding, but technically he should have checked with zoning. Um, and the third thing, uh, I know there's been
discussion of laps of time with zoning enforcement. Uh there's also case law that says you still get to enforce your county ordinances. In the situation that the Supreme Court looked at, it had been 20 years and the city had been giving annual permits for
a mobile home park. Um 20 years later, they do a zoning enforcement action or setback requirements and that was upheld. So, you know, just because it hasn't been enforced doesn't mean it should be enforced. Anything else,
>> Mapinsky? With all due respect, we're not attorneys, a lot of us in this room. And I can tell you, I'm 53 years old, and as of Friday, I found out I was doing something wrong in violations with the law. And then you guys don't I mean,
these things are not common sense. And, you know, some of these laws are wrote to where it's almost like you got to you got to be a lawyer to interpretate everything. And you know I have since got in conformity. >> Excellent.
>> But at the you know you look at you look at all this stuff to me I think the the um realer should be on the hook a little bit because if the realer is is saying it it's partially zoned commercial.
There's liability insurance there. So I sorry >> the the I checked with uh Brian and the I know I know you guys are not connected from the from the tax versus the the zoning and stuff like that but the county took in an additional $30 some
hundred over the last 10 years because of how it was taxed >> you know. >> Yep. And they wouldn't be procluded from doing that. I mean that because that is separate. Um I will let you know that if you've got title insurance that means you probably got a title commitment. And
I made this comment on Thursday night as well, but every title commitment, every title opinion I've ever seen, because I work on subdivisions for the county, it states you should contact your zoning office that is always put in there because you need to know how you can use
this property. So, there is warning that you get from either an attorney or a commitment um practice, >> but I do understand that it can be difficult, but that's why it's nice to make that phone call. And I and I do agree with with uh the property owner
that pe a lot of people do look at their property statement and say, "Oh, it is >> tax commercial." So you you make that assumption. Now, we all know I've made assumptions on before Friday and I was wrong, too. So,
>> um it happens and and stuff. So, um anyone else? I I think for I I struggle I I'm kind of like with you as I certainly see both sides of this situation and it's for the neighbors who obviously don't
like the business there. You know, in their mind it's causing this, this, and that. For the property owners who bought a place that was an existing business, would like to continue a business. It it just seems it's hard for me to grasp that we we're doing a legislative act. We've got
rules we've got to follow, but is there something the county can do to satisfy both parties? And I don't have an answer for that. You know, if it's something that we could put in place to satisfy the owners and to satisfy the concerns of neighbors to make it work, I don't
know what that is. And a lot of times, as you've stated before, our hands get tied. >> Yeah. We're talking these are statutes that you've read off to us and planning commission, county boards reminded constantly about those and so we know those are in front of us. It's just
sometimes part of what we do is trying to help constituents countywide work through issues. >> And I think what frustrates maybe a lot of us, I'll speak for me, is that I don't have anything in front of me that I can do to solve both problems. >> Correct,
>> Roxan? And so the the only way that this could be solved is if it was a use in that district. And I don't know that contractor shops are an appropriate use in a residential district because if you add that as a use now I don't know co
the cove are we going to put are we going to allow a or oakill Estates are we going to allow a contractor shop? >> Yeah >> in those areas. Um, so I mean that's something that the county board has the ability to direct uh the planning
commission to review. Um, I don't know that from my professional opinion it's not appropriate. >> Right. >> But that would be up to the county court. >> It just seems, Mr. It just seems kind of like we're tied where we got somebody
that wants to pay a higher tax, wants to do business in the county, is buying as much as they can possibly buy in the county and we're telling them they can't do business and then we have a neighbor that we know their values are going to go down somewhat because of this business oper. Can't the county find a
common ground to make both things work? It just seems, you know, whether we do a privacy fence, whether we, you know, it's just we shouldn't be at this point. And if it they came in and wanted to build something and start something from scratch, Yeah. then we probably have
something to say. >> Yeah. >> But at this point, I don't know. >> And it and it frustrates me because the pictures in here do show 20 to 30 vehicles on that property at one point. You know, now obviously they're not as loud probably as correct >> trucks and stuff like that, but you
know, I I mentioned that planning commission that I was kind of summoned to go there in 201617, whatever. And there was a lot of vehicles sitting and they weren't they weren't parked. They were parked in every direction. And I wasn't, you know, we didn't nothing really happened about
it. It was just a comment. Can we get the county to clean this up? So, it hasn't been like, you know, what it is today. I mean, it just seems like we could put some restrictions or allow them to at least fix vehicle, fix
their equipment or something in this position. Doesn't say they have to do business out of there, but >> the only way, >> but that would be a lot of policing, too. >> Yeah. Right, Michelle. >> The only way you would be able to do what you're asking to do is to make the
legal the use legal right now. Unless you make that legal within that district or change zoning district, >> there's no way that we could put special restrictions. >> So, let's hypothetically go there. Let's say it becomes legal. >> Yep. >> Are we allowed to put additional restrictions on that
>> on contractor shops? Yep. Which we do with a lot of other types of businesses. We do have specific callouts for when you can operate, lighting, fencing guidelines like that. So, just so I'm clear, so I'm hearing you correctly, the county board would choose to
approve that as a contractor shop. >> You would have to add that you would have to amend the residential district, >> right? It' have to be resoneed. >> Yep. >> That would have to be allowed. >> Yep. >> And then we could put conditions on the resoning. >> You could put conditions on that use
then if it's a cup. >> Or if it's permitted use, you could have special conditions that apply to contractors. There's already an issue there with they'd be non-conforming out of the gate. They'd have to go even if it got reszoned, they're going to have to go for a variance
>> if it's commercial. If you added the use of a contractor shop to residential districts, so it would be a cup within the residential districts, you could change the law and re do a resoning there in that direction to change your
law to allow that use. Not reszoning, sorry. adding that as an allowed use within the residential district, then you could have certain restrictions put on. >> But can you do it specifically to that? >> Maybe you say,
>> you'd probably do a cup. >> So then you can add mitigating commercial uh conditions like we do for cups. >> Scott, >> go ahead, Commissioner Bern. >> But that changes our residential. >> Correct. Yeah, >> that would that straight across the
county. >> That's Yeah. >> So, these are your laws. You get to do whatever you want. >> Thanks. >> And and just throw a little more in there is we we don't have a lot of residentially zoned property. We do have
a lot of property that allows for this already as a conditional use permit. We've got the egg district, our commercial districts, our industrial districts, which consists of probably 90% of the county. >> Where may I ask where their lot is?
>> Say, say that where their lot is. >> Yeah, the maze. This one. >> Yeah, >> that's the site we're looking at. The maze propert. >> Okay. between your house and the line of trees.
>> Yeah. >> I'd like to add that there is the freight line, the main line going from Minneapolis to >> the public hearing propert. >> Isn't the public hearing closed? >> Public Yeah, public hearing is closed. Thank you, though. Thank you.
>> Members, thoughts. I I know that it's silent because everybody's thinking. So, >> yeah. Well, you're thinking on what you should do to be right and what you should do to be legal and how do you meet in the middle? >> Yeah. Reminds me of ditches.
>> What reminds me of ditches. >> Absolutely. >> It's the same cluster, sir. >> The same. >> Oh, >> it it frustrates me that there was a lawn care business operating in the area. Now obviously receive calls. I know we
often don't know. I get it. You know, >> I get that. But some of the same neighbors are upset about this one, but never called on that one. >> So So talking about that and this is >> You did call on that one. >> I didn't call. Okay. >> We don't go on that side cuz it's a loop. We don't even really I rarely
>> Okay. Yeah. >> This is pre- rock sand. But back to your comment about going out there roughly 2016 does whatever. Mhm. >> So plan and zoning at that time never looked into. How did how did you get the call to come out there? It was a
supervisor from W Township and we went to look at another property that was multiple junk cars. You know, they thought maybe somebody was living in one of them. And so then we come and we're going past there and he goes, "Well, here's another instance where we need to clean this up." And we just kind of
pulled off to the side of the road and he goes, "Well, they think they can park anywhere, anytime." And it was all kinds of cars. So this is from a Wattab official versus a county official, >> right? This was just a Wattab official. >> Otherwise, I would have never known about. And then I was out when the
fountains called me and it's my, you know, my initial deal when I drove by was, "Wow, this really looks nice." But then I guess we weren't in compliance. So >> other thoughts? >> I'm staying out of it, Mr. chair because I was not present in this meeting.
>> I guess I should have went with you. >> We all should have. >> I can tell you mine was medical reasons. >> Well, what are your wishes? We do have this in front of us to make a determination today. Um, are we bound, and I just asked this,
not that we're planning on that, but are we bound to that decision today? >> We have a timeline in front of us. >> 60 days would be April 13th. So decision must be made by April 13th >> be the next meeting.
>> It'll have to be the next meeting. The other part speaking in favor of planning commission you know all of us appoint people and they did look at this as >> you know no um I think some of the things that were brought up there was
the legal aspect of it. Well, I heard that from one of the planning commission people that there was some legal act um complications that could go with making that decision. I don't know. You know, >> my scare is changing changing this and it changes the entire
county. >> Yeah, that's uh to your point, Commissioner Pop, uh Michelle, could you just review highly? I know planning commission did talk about that. One of the commission members had a concern about their potential personal legal liability. So could you maybe just address what you
did at planning commission about that? >> Yeah. So the county represents the public. So we always act from the public's interest. There are exceptions where we are doing cups variances or you're making decisions on individuals properties. Um but we always have to
kind of approach it from that respect and we always have to follow the law. We've taken an oath all of us that work for the county to make sure that we're adhering to the requirements of the law. Um and if you act outside of that scope of authority or you act against the law, there can be personal liability. Um and
certainly anyone whether they agree or disagree with this decision that's made has the ability to sue the county for either failing to follow the law or they feel like they made a good enough case to support the reasonzoning action. So,
there's county liability, like there always is with any decision that you make, and then there's potential liability individually if it's, you know, I think you need a lot probably to show individual liability, but you are required um pursuant to your oath to
follow the law. >> And Michelle, could I ask you andor Roxanne, have we gone through all of our potential options? I I think the two options are you either adopt this as a commercial and do a reszoning amendment
or you do uh an amendment to the zoning code which would allow this type of use throughout residential. >> But can we but couldn't we do an amendment to a zoning code? We'd have to have another public hearing. >> Correct. Yep. So you'd have to like >> I mean that's going to be a process.
It's not just going to happen today. >> Correct. Yep. That would be a different ask. With all due respect to the land owners right now, and I get your guys's side because I came in kind of predetermined and you should never ever do that. >> No. >> The problem is is if we do this, this
happens in every part of the county now. >> Every part >> it Well, to that point though, it's going to require another public hearing, >> right? >> People from the public countywide to help us determine if that amendment is going to happen. >> Yeah. >> So, >> but but that's going to open the door for a lot of
>> Oh, absolutely. So does it it opens it up for the whole county. Doesn't every incident have to come before the county or planning commission then when they want to do this or can they automatically >> they can automatically do it >> though through conditional use permits? >> Yes. Exactly. >> So planning commission will see every one of those.
>> Yep. >> Okay. >> You know and I don't I'm not on planning >> but I had a lot of I came in like you did Jared like a well this really has to happen. And then on the way home from PL Thursday night, it was like, well, yeah, it really has to happen, but is it in
the best interest of the county or or is, you know, if we do one, are we're going to do another one. The other was, why are we keep driving businesses out of the county? Yeah. Why do we not look at things that, you know, we kind of see as right and do they have a good case? The Fountains have a good case if they
want to say, you know, this should be a business. Yeah, maybe. You know, I'm no expert on that. It was a business. They bought it with the intent of a business. I don't know. >> Is there the possibility of them working with the BEP and finding other viable
locations? >> I'm just throwing that out there. I >> And I'm going to say the maze, right? >> You guys make a good argument, too. So, I mean, >> he's a business owner himself, but he properly stores his semis at a different location cuz it's not allowed
>> on our property. So, he followed his own ordinance. So, >> yeah. >> I just wish the county could work something out in this case. In order to even work it out, we'd have to change the zoning to be able to do that,
>> which won't can't happen today. >> No, it actually wouldn't happen within the 60-day period. >> No, it won't. >> No, >> that would be a whole different So, if you chose to add contractor shop to the residential districts, that would be a whole different ask, right? >> So, today we're just looking at zoning
this particular location as commercial because that's what's before you. But that doesn't allow the county to put restrictions on this business though, right? >> Yeah. So, >> so what would happen? Likely an action would be to deny the resoning and then
to move forward with changes to the zoning ordinance. So, it' be a zoning amendment, a zoning ordinance change that would change the residential districts to allow for contractor shops. >> But in the meantime, completely separate process. But in the meantime, because
they're illegal, they're going to have to cease and desist on that because they can can't continue operating. >> Correct. >> Because they're not going to have the reszone. And then if the board chooses to move ahead with a potential amendment to the ordinance, you're going to start out the public hearing process and have
to go through all of that and change it countywide. >> And then they if they wanted to do that, they'd have to file for a conditional use permit and come back in front of the planning commission. >> Yes. So the planning commission could potentially put conditions on. County
board wouldn't see it after that >> or deny >> or they could deny. County again county board county board wouldn't see it because planning commission would be the final. >> They would see the zoning ordinance changes but they would not see the conditional use permit.
>> Yeah. Mr. Chair, not being a part of this, I do have one question though. If you go through that process, then the neighbor that's in contentions of not having this property and they store their semis off their property, that could throw them back into the loop of doing it on their property, too.
>> Potentially. >> But well, you're right. But potentially that would happen. >> They definitely have the room for it. >> Well, they do, but but that's just one case of how things will >> I know. Evolve. Yeah, >> evolve. So, >> all right. What else you thinking?
>> I don't know. Any other thoughts before I call the question? We've got to make a decision on it today or we can we could table till April the first meeting in April. if you think that you need more time.
>> The the the the problem that I have with I mean I I would love to table it and get the the parties together, but at the end of the day, I don't think that's going to matter because we've got a bigger issue that we can be
in a development out in the county and now all of a sudden we got a we got an issue there. And I think everybody's done their due diligence to supply us with the information that we've got, you know, other than can the county look at
what what they could do to help both parties >> and look at further down the road when you got a development within a county. Now all of a sudden there could be people that come in that could that could affect their property
taxes because now all of a sudden they could come in and build a a shop or something like that with a conditional use permit >> or there's multiple things that would be allowed by permit. >> Correct. >> Over the counter. >> Yeah. By right. >> And I'll remind you the single family home on there now becomes a legal
non-conforming use. >> So, does that mean they have to move out? >> No, they would likely need to apply for an interimm use permit as a caretaker's residence. >> Oh my god. It would be a legal
non-conforming use. So they it could continue to exist there. >> Yep. >> But if they wanted to expand, if they wanted to do anything with that house, they would need to get a variance. >> Wow.
>> This is double-edged. >> I know. I don't know how I don't know how we get to this spot. >> Yeah. you want to build um um the ability for businesses to come into Benton County to alleviate the tax
burden on the other constituents and then we're stuck with something like this because it this does affect the neighbors. >> And to me, this is a this is a totally different business than a car repair
shop. I mean there's heavy equipment and cars are two different things. >> Your comment, Commissioner Pinsky, >> what's a setback again? That doesn't meet it either. >> No, >> the lot depth. >> The lot depth, >> right? So, um the lot depth does not
meet the requirements for a commercial for that commercial district. So, it would be a non-conforming lot. In the event that somebody purchased a lot adjacent to it, it would be combined by zoning
regulations because now you need to add additional uh lots to it to attempt to make it more conforming. >> So, the short answer is if it got changed to if it was spot-on to business, they're already nonconforming.
>> Yes. and would have to require >> are they? >> No, they wouldn't have to do anything is but it is creating non-conformities that could create issues in the future. You know, looking at what happened here
and what it's going, you'd think that the county would have something in their comp plan that says this was a business being run and if any kind of a similar business comes in there that they could continue to do it under the grandfather law or something that we don't have to
just overlook it and toss them to the side. >> I'll remind you it's an illegal business. It was illegal, but the county was was acknowledging it as a business. >> Uh the assessor's office taxed it
business. >> Look at what they with the solid waste. They put in a oil burner >> and I couldn't apply for an oil burning deal on my farm because it didn't meet all the requirements of being a business. That was many years ago. I I
don't I'm not sure that being a business is one of the requirements. I know that we allow for score grants um to individuals to recycle tires and that's to individuals. >> Okay. >> So being a business is not a requirement. >> We went through that with the crushed rock at one point. >> Yeah.
>> Yep. We did cement. >> Mhm. So any more discussion before I'm going to call a question pretty soon here. I guess you need a motion. >> Yeah. You need a motion. >> I
I'm not I don't know. >> You can move to approve, move to deny, or move the table. It's pretty much your options. >> I mean, I think we need to look at other options. I don't think turning this into a business district is the right way to go,
but I do think we need to look at other options so that we can I mean, I have a huge problem with government in general trying to tell people what they can and cannot do with property they pay the taxes on, property
they have purchased, property that they mow, property that they take care of. I have a problem with that. >> Yep. >> But how we get around this I think is going to take some more looking into >> and I do not think that turning it into
a business district is the right way. >> Right. Here's a question. Can the applicant request additional time past the 60 days? >> They can. >> Well, just a reminder, we're looking at the reszoning today. If we want to look
at changing um what's allowed in the residential district, that'll be completely separate. >> Oh, yeah. >> So, tableabling this wouldn't be wouldn't really >> it's not help. But if they requested additional hypothetically 120 days,
could not the county have we could have a cow we could have I mean decide if you're going to look at a amendment or not, >> right? I mean I don't think tableling it till April 8th does a lot of good because I don't you know they've got they've got jobs they got you know
everybody's got something they don't want to come back and re rehash this in April 7th. um if the county could you know do take time to look at it and maybe say you know can we tell them to do business that's a very limited amount
or something like that. No. >> What would be the bare minimum time if you if we initiated a zoning ordinance change? Minimum time to turn that around. >> Minimum time. >> We'd have to bring it to >> public hearing.
>> Planning commission and then we'd have to post for a public hearing at the planning commission at the county board. So minimum probably 60 days at the very minimum if we were working warp speed. And then assuming it went in as a conditional or an interimm use permit,
that's another probably 60 days on that. So 120 again, that's that's really fast. >> Thanks, Roxan. >> And basically, I think from a gesture, you would rather have a decision today, right? >> Okay. >> Yeah.
>> All right. Do we have a motion? >> I'm not I'm not going to make that motion. I don't know. Well, >> so yeah, I guess if there's no motion, then that essentially the action would be denied. So, you don't necessarily have to make a motion unless you're
inclined to approve, I think, is how it work, right? >> I do think you have to take a vote, otherwise you're violating the 60-day rule. >> Oh, thank you, Michelle. >> So, you're saying >> should be a motion on either side of this, >> correct? >> Okay. I apologize for stepping out for my
medical thing that had to do with my doctor, but this is very contentious. >> Yeah. >> Yeah. >> I'm going to I will make a motion. Um and it's not what I was going to do today,
but I'm going to make a motion to deny. >> Is there a second? >> And again, we are just voting on whether it stays residential or goes to a business district. Yeah. Yeah. Denying the spot zoning request. >> Spot zoning >> of what's in front of you.
>> Yeah, that's the only thing we're dealing with here is the zoning request. >> Before I I already did that. >> Can I get a Can I get a second if for some more discussion? >> I'll second it. >> Okay, we have a motion and a second now for some discussion.
>> Okay. If we if we did deny this today, could we try and look at other options to come back with or not? Or is this a one-time deny and it's done? >> So again, you're just acting on the resoning. If you wish and desire for the
planning commission to review changes to the zoning ordinance, >> you can direct us to do that. That's completely separate from the resoning request. But >> the >> that's not going to be a request to zone to do something from the planning
commission's perspective to just this parcel. >> Nope. >> Um that's for the whole county. >> Correct. >> Because the planning commission isn't going to be able to pick and choose these parcels anymore than we are. >> Yeah. >> Any other discussion?
>> I don't even know if I'm going to vote for my own motion. Well, >> Jesus, >> I want to give you time because I know this is >> Well, this this affects everybody. I mean, this is >> I feel horrible for the people right next door. You know, there was other
businesses in the area. You guys bought it based on on the you know, and I'm not saying it's right, but based what the taxes and what the realer said. There are so many wrongs here that you know and and and part and and I know that
Brian and Roxan your offices don't don't talk but >> it's not that we don't talk but but you guys you know you know what I mean you guys separate each other from zoning to taxes. >> Yes. They're very very different classifications. >> Absolutely. Yes. >> But the five of us have to decide on
that. >> Right. Yeah. And we're we're held to that standard basically saying staff they're two different areas and we have to make make constituents understand that we can't even hold our own people accountable because they're two
different areas in the county. Right. >> Two different processes. >> Two different processes. But me as myself, I'm sitting here going, "What?" >> It's hard to understand. I I I get that it it's hard to understand that there isn't that
correlation. Um >> yeah, >> but they're very very different processes. Um and and just another example is um some of our mini storage structures that are out there um are t some of those struct some of the
individual units are classified taxed as commercial. >> Mhm. But that doesn't necessarily come back to my office to because it's not something that needs a permit. Um or that they would check with us to see if it needs a permit because they're not in
the business of land use. So >> I know that but but then explain you and and Brian and I talked on this it they're they're in the taxing side of things. the the county
we we profited $30 some hundred dollars more. >> Nope. >> Correct you right there. >> No. So I can So >> can I read that email? >> Why it's kind of separated is because >> if if if an individual buys an industrial building in an industrial
zoned area and the use of that building when they buy it is to store their pontoon and it's personal storage, we would classify it as residential, not homestead. >> Okay? and they would pay residential tax on that. We didn't collect any more money as a county or as a school
district or because that of the commercial. Yes, that parcel paid commercial tax. If that parcel would have been all residential use, they would have paid residential tax, but whatever was levied gets collected. So the levy, you still collect what you
know, everybody else would have paid 50 cents more and that's what where that extra funds would have come from. So whatever is levied in dollars is what you collect. Doesn't matter. Okay. >> What our classification is on one parcel or another. Whatever you levy is what is collected. Makes sense.
>> I must be no that because >> so if you levy a million dollars, that's what you collect. And then and then you look at all the all of the tax capacities and everybody pays their fair share. >> Okay. >> So >> under their classification. >> Under their classification. So you still
collect a million dollars, right? If one of those parcels changed from commercial to residential, yes, that parcel is going to probably pay a little bit less. Everybody else pays a little bit more and you still get a million dollars. Y >> So, we're not collecting more money necessarily because of a classification.
>> I don't follow that more money. >> I do. >> So, basically the the chart that you gave >> y >> it was commercial um wreck >> at 10,676. So that parcel correct that parcel.
>> So that's part portion of that million. >> Yep. So that parcel paid over 10 years like $3,700 more is than if it would have just been classed as residential. 100% agree. That individual parcel. But but as a county, >> we're not taking in more money. Yes.
>> Yeah. We're not taking in more money because that one was if that one was classed as res only, >> they would have paid 3,700 less, but everybody else would have paid a little bit more. So, so this is really affecting a lot of people really because they paid more
>> um the last how many years >> when I get Yeah. Don't go there. >> No, but but you know what I see. >> I know what you're going Yeah. >> So, so the neighbors down the road should be saying, "Hey, they pay more tax. >> Give me my money back. Mine are going to have to go up and
>> I I have a question. If >> it's closed, >> if we went ahead with the motion that was made to not change this to business one >> and we left it as residential and we went back and we made a proposal or or a
suggestion to the planning commission to change some guidelines in residential. Um would those have to come before the planning commission to make a decision? on
businesses at that time or would they be would every residential area be allowed to just do what they want with a business? >> I I mean I think if I could answer step in a little bit what I would see happening, please correct me if I'm wrong. If that happens, that direction comes to the planning commission.
They're going to make a recommendation to the county board. Planning commission won't have the authority to change the zoning ordinance on their own. >> Okay? do the prep work for it and make a recommendation to the county board on whether or not the county board should adopt the proposed changes.
>> Okay? >> And if the county board adopts the proposed changes, depending on what they are, that property may or may not need a conditional use permit, it depends on what they're requesting. But if it is a conditional use permit, it'll go to the planning commission and the planning commission will decide yes or no. won't
come to the county board once the news potential new ordinance is in place. >> Which >> that's correct. Would you say that's correct? Okay. >> Which I mean ultimately if the planning commission is making
those choices, we all put people on that planning commission board to make those decisions. So we have to trust that they're doing the right thing when it comes to the planning commission also. You know, and in this case, it's no secret the planning commission voted unanimously to deny. >> That's right. >> And so
>> based on the legality part of it, >> so did Wattab. >> Now so did WAB. They didn't planning commission didn't have that information Thursday night. >> Now Wattab has emailed in saying they're not supporting it. >> Supporting the zoning.
>> Zoning. Yes, the zoning request. The reasonzoning request. Any other discussion? >> Any more discussion? >> I I'm just going to say that the reason I'm not for the business zoning request is cuz when you do that, you're opening
that up to a ton of different things. >> Countywide. >> I mean, >> countywide. Well, I mean, no, if you change this from residential to business, I mean, ultimately, like she said, they could put a um cannabis shop there. Um
possibly something more >> like adult bookstore. Is that what you're thinking? >> Yeah, kind of like a Jesus. >> Yeah. And that that would not be a good thing. >> No. And that's well, but what's important to remember is that we're
dealing with this specific parcel right now for a zoning request change, not countywide. >> No, I I get that. >> If we if if we go through with this and it is denied, I think the county or BEP, like Roxan said, needs to work with this
group over here to figure out something, >> right? because I do feel like you unintentionally the county is part of the factor here. Whether we say we didn't see it, whether we say that that it is what it is. I
mean, there there's our hands as as our as a leaders, our hands are dirty on this. >> Wow. >> You know, the the value of the property without that. I mean, it'll cost you a fortune to build a shop and a garage like they got on there. I mean, you
know, if they say it's worth 320,000 versus 420, that's that ain't even close because if they had to go out and buy another piece of property, build that kind of a shop, probably cost them a half a million bucks. >> Yeah. >> So, you're asking a company to do a lot of things in order to stay in Benton
County or find someplace else. >> And my guess is the realer was friends of both sides, maybe. >> No, seller. >> Huh? >> The seller, I would say. >> Okay. I'm going to tell you, I think there might be some legal action there.
>> Well, there's a statute. >> So, >> right, members, got a motion in a second. Any other discussion? >> Apologize right up front. >> Yeah. >> Oh, that's all right. >> Any other discussion? >> So, we went through this the other night, the planning commission, just to make sure we're clear. So, when you vote
yes on this, you're agreeing to the denial, >> correct? >> Should we do a roll call? >> What? >> Yeah, do a roll call. >> Yes. Because we motion to deny. >> We motion to deny. So you're if you vote yes, you're agreeing to deny.
>> Just so we're clear. >> Does that make sense? >> My motion. >> Your motion. Your second. >> I don't like it, but >> roll call, please. Beth. >> Sure. Commissioner Benoy. >> Yes. >> Commissioner Pop. >> Yes. >> Commissioner Heinen,
>> abstain. >> Abstain. Commissioner Johnson? Yes, >> Commissioner Gapinsky. >> Yes. >> Thank you. >> Okay. The motion passes four to nothing with one abstension to deny the request for zoning change.
>> It really really bothers me. >> Yeah, me too. >> All right. >> Thank you. Thank you, Mr. Chair, for that process. >> I'll turn it back to the board chair. >> Thank you. Appreciate that. >> Sorry again. >> Yep. >> Could I grab that packet, please? >> Sure. Yeah.
Next is Christine out our treasures department update. >> Thank you. >> Yeah, send it to Monty and he can get it out to us. >> No, I I want a copy of that, too. >> Good afternoon. >> Good afternoon.
>> Uh so I just have a little update from our office. Um as you know, we're on an election year for the governor's office. Um, on >> Thank you. >> on March 6, Secretary of State Steve Simon visited the county. We had the
opportunity to discuss with him the disadvantages and struggles that the elections cause us um monetarily and otherwise. uh we told him about the imperfections of the new permanent absentee option
which is available now that you can get a ballot for all elections even the township elections which cost the townships additional money. So, for instance, the township election that was held last week, we mailed out 117
permanent absentee ballots and 10 were returned. Less than 10 were returned. >> Yeah. >> Um at $5 a ballot, which is build to the township. But just to give you a perspective of that. >> So he he agreed that it legislation they
need to look at that again just to maybe you check the box on which elections you want to be have a a ballot sent to you or or something along those lines. Um the next issue that I want to talk about is the polling location at St. Cloud
City Hall. Uh you might recall in 2022 we had a polling location provided at the St. Cloud City Hall for the St. Cloud precincts of Benton County residents uh to which 200 or 106
residents voted at out of over 4,000 registered voters. Benton County paid $2,000 for that location to be an option which turns out to be $18.86 per vote. And that um option was
requested again in 2024, but the city moved the location of the polling to a building that we didn't see fit for um handicapped or elderly. And it was also discovered by our county attorney that the JPA was not allowed as
the city was not the administrator of the election. On this past Friday, Monty and I met with Sterns and Sherburn um auditor treasures and administrators as well as Senator Eric Putnham and Representative Dan Wolgamont. Senator Putman had
requested the meeting and they stated that they wanted to get the location open again. Um in order for this to work, there's only two options. Either option A is that when a city is within more than one county, obviously we know
St. Cloud is Stern, Sherburn, and Benton. The city clerk must administer the election of all counties and the clerk of St. Cloud has told us that they're not willing. They don't have it in their budget. They're not interested in being the administrator. So, that
option is not allowed. The second option is a pop-up polling location where we would be the administrator of the election. It would involve county staffing the county staffing it with four election judges, eight hours per day. It would require an additional two
people to travel to deliver the ballots back to our office. Hourly wages paid, mileage paid. It would require additional ballots and equipment. And a popup location can be any number of days, but you have to consider what
you're um putting out there to the public. So, you kind of want to make it consistent. And the cost of a popup location is roughly $1,200 to $1,500 per day. So, if we were to have a popup
location for the 18 days of the early voting, which is when you can put the ballot into the tabulator, we're looking at about $27,000. >> Jesus Christ. Um, if you're looking for the 46 days, the full absentee period,
you're looking at about $69,000. Uh the biggest concerns for us obviously the budget because we weren't planning for this when we put this um our budget together last year and also the chain of custody which is huge now because of
someone in Anoka County I believe that left the ballots open in a vehicle while they were going and getting other ballots. So we're going to need a chain of custody with every ballot all the time. So, um, we just need to know where they are.
And then also fairness of why St. Cloud that is 17 miles from the government center, why not have a popup location in Rice that's 22 miles from the government center or why not in Sock Rapids because they have 9,000 registered voters, more
than double than what St. Cloud has. Um and Sherburn County has made it quite clear that they are not participating fearing the chain of custody. Right now there there are plenty of options for people to vote. They can register to be the permanent absentee.
So they can go online right now, check the box, say they want to be a permanent absentee voter. They will get a ballot mailed to them every election. uh they can register for an absentee ballot to be mailed to them 46 days prior to the election. They can come
into our office 46 days prior to the election and vote absentee. 18 days prior to the election will be set up exactly like a polling location. So you you will put your ballot into the tabulator here. That's the new state law
or requirement this year. Um, we have the extended hours mandated by the state the two weekends before the election and a few evenings before the election or you have the opportunity to go to your polling location on election day. So my
thoughts on this is similar to the library when is enough enough? There's plenty of options for people to vote. I don't think it is fair to single out one one city >> and allow them to have a popup location.
So, I think we all kind of came into the agreement that this just wasn't going to work this year. >> And that may be something to look into in the future, but again, there's a cost behind it, a quite significant one, and
you're only benefiting very few, but all the taxpayers are paying for it. So, I just wanted to give you a little update on that. >> Thank you for that. >> Yeah. >> Um, the DMV is busy as usual. In
January, we had 2,357 transactions. About 1,400 were tab renewals, 4526 driver's license renewals, and 258 title transfers. February had 2900 transactions with
2,000 tab renewals, 389 driver's license, and 261 title transfers. We do still have one DMV position open that a deputy auditor treasurer is filling in at this time, and it seems to be working out fine. So, going to hold off on
hiring if we can. And my final thing is a tax statement update. Um, I do have a copy of our tax statements for you to take a peek at so you can see what they're going to look like.
>> There's two two different copies here and I'll point out what's different. Thanks. >> Thank you. So, um, the tax statements are going to be mailed out tomorrow by our outsourcer in Green Bay. Um, as you can see, the
airport authority is itemized out on the statement so everyone can see what their total is that they're paying towards the airport authority. Uh the ditches for the most part are itemized, but as you can see on this one, these are two
parcels that are both on county ditch 14 repair that had a repair. Um the one that says all others, they have the maintenance and the repair and there wasn't enough lines to separate those out. So those are grouped together and
they can only call it all others. They can't name it anything else because of programming. >> So the one that just says county ditch 14 repair, they paid their maintenance fee but didn't pay the repair fee. So
that's why that one is able to be out separated out individually. And also that property I believe is just um egg. So there's like you can see there's no solid waste beyond there.
or anything like that. So, I just wanted you >> ready for your phone to ring on all the all others. >> Yeah. >> I'm sorry. Was that >> ready for your phones to ring? >> Oh, yeah. Yeah. Yep. So, >> with all the technology, they couldn't come up with anything besides all other. >> Yep. >> Yep. And this is this is on the tax
system. This is not on our outsourcer. >> I just want to make that clear. >> So, this is the Tyler system that's doing this, >> right? >> So, this isn't something that can be changed by any of us. Unless it goes to the user group and all
the counties in Minnesota agree upon it and >> that'll happen. >> Yeah, that's going to happen. Yeah. >> Wow. >> Anything else, Chris? >> That's all I have. If you don't have any questions, >> I think we're questioned out. >> Thank you, Christine.
>> Thank you very much. >> Thanks, Christine. >> Okay. At this time, we're going to uh recon convene our regular board meeting and turn over the Benton County Community Health Board. Quick uh note all commissioners are here approve or amend the agenda. Anything to add, >> Jacqueline? >> I believe.
>> Yes. >> Yes. One item from >> the Stock Rabbits farmers market item. >> Okay. Is that going to be added under regular consent? >> Uh regular agenda. >> Okay. Okay. >> Motion to approve the amended agenda, Mr. Chair. >> Second.
>> Got a motion, a second for a discussion. If not, I'll call the question. All in favor say I. >> I. Opposed. Motion carries. Uh the consent agenda item one and two. What would you like to do with that? >> I'll move approval. Second. >> Got a motion and a secondary for discussion. Now to call the question.
All in favor say I. I. >> I. Opposed. Motion carries. Jacquellyn 3. Consider the annual strong foundation professional development grant. >> Yes. And this one was added to the agenda before discussion at the community. So, um, this is just a request for us to put in an application
for a professional development grant to help offset training costs for our public health nursing team. >> Move for approval, Mr. Chair. >> Second. Got a motion and a second. Any further discussion on that one? If not, I'll call the question. All in favor say I. >> I. Opposed? Motion carries. Next one. Sock Rapids Farmers Market.
>> Yes. So, as introduced yesterday at the committee of the whole, our statewide health improvement partnership grant um staff are working with the Sock Rapids Farmers Market to increase access to healthy foods. Uh so, just looking for approval of a contract between our Betton County Community Health Board and Public Health Department and the Sock
Rapids Farmers Market to issue SHIP dollars for them to be able to purchase tokens so that our SNAP families can utilize those at the farmers market. >> So, move, Mr. Chair. Second. Okay, we got a motion and a second. Any further discussion on this item? We talked about
this yesterday at the cow. If not, I'll call a question. All in favor say I. >> I. >> Motion carries. Thank you. Anything else, Jacqueline and thank you for sticking around. We're adjourned at 12:33. Reconvene the regular board meeting and turn it over
to Commissioner Johnson for the ditch meeting. >> All right. Call our ditch authority meeting at uh to order at 12:34. Uh please note all commissioners are present. Uh approval or amendments to the agenda. Um Adam, any changes?
Members move for appro. Oh, go ahead. >> Go ahead. I'll move to approve the agenda. >> Second. >> Okay. We have a motion, a second to approve the agenda as presented. All those in favor? >> I opposed is carried. Open forum. >> Mr. Depa.
>> Well, well, well. >> We are sorry that it took this long. >> Don't be sorry. Sorry. >> Good afternoon. We >> um >> I I would uh personally like to thank Scott. Scott, you got back to me on the
ditch that you said, you know, we had a meeting on Tuesday. I don't have the dates. I don't have the time. Whatever. I don't know if it was two months ago, three months ago. Doesn't matter. Don't care. You know what I mean? So, um, I want to thank you for getting back and leaving me a message on my home phone
that that there'd be followup on the ditch stuff. So, >> can I ask you, did you get another phone call from >> H? I did not. That's what I came here today for. >> So, they did not leave you a message. >> No. And the thing I want to mention about is is that if I didn't if I
received your phone call and it was on the message, >> why wasn't the other one on the message? >> Okay. >> You got my cell phone. >> I don't have your cell phone. And I have your home phone. >> Home phone. But other people have my number. Ed has my number. >> Um, it is what it is. Okay, let's just
move on. I have I have some >> It's not complaints. I have facts issues. You know what I mean? Uh, county ditch uh culvert on 75th Avenue Northeast, which is to the west of me. It needs to be repaired, replaced. The
water doesn't run the proper way that it's running. I just for clarity road ditch. >> It's uh a county It's a county ditch, but it's the county road on 75th Avenue. >> So, but it's a road ditch, not a drainage ditch.
>> It's a >> like CD7 which you we're dealing with your other stuff. >> Correct. >> It's a road ditch. >> Correct. >> Okay. Correct. >> And I'm sorry, it's county road >> uh 75th uh northeast. >> 75th. >> That's a county road, I take it.
>> Yep. It's to the It's the road to the west of uh Benton County Road number 11. >> So the next one Oh, okay. Okay. >> The next one over to the west. >> Yep. Okay. >> I just took the 75th Avenue off of the sign. >> Yep. >> And you can see that you can see on the
um you can see on the east side of the road that the water runs and it goes under Highway 25. >> So it's near the intersection of 25 then. >> Correct. >> Okay. All right. >> You go to the west side, the water's flooding over on the west side. >> Okay. Okay. I believe there's a culbert
in that roadway. >> The culbert's either plugged or they went over and wanded it to find if it's a metal um culvert or whatever it is. It's probably a cement culbert. They probably can't find it because it's cement.
>> Sure. and it it needs to be repaired so the water does not um flood the property owner's land over to the east which would be Mike Lentner's land. >> They can't farm that land over there
since since the ditch authority and all this come up. I just go through my neighborhood and I look that something needs to be fixed with that road. You know the culvert? The culvert I believe is too high to let it run to the state highway
25 >> is that that gravel road just correct. >> Oh, okay. And you haven't called the highway department about this at all yet? >> No. >> Okay. >> No. Um and I and I appreciate Scott getting back to me. The other people that didn't get back to me. It is what
it is. Okay. I have an answering machine. >> I don't mean to excuse them at all. It surprises me that they didn't. They've told me that they would and they've been very good about that. >> So, I'm happy to follow up with that. I'm surprised that they didn't. >> Yeah. Well, they could have they could even if they didn't get a hold of me by
phone, they could have sent a letter. >> You know what I mean? It's been this long. I shouldn't have to come to the meeting. >> I could have received a letter in the mail, >> you know, as a followup, you know, >> kind whatever it is. >> I'm happy to follow up with them and I will. >> Yeah. Yeah. And before the meeting, uh,
Mike, uh, I I mentioned to Scott, I think we still owe you to come out on because I thought we said we tabled that until it got nicer out in the spring to come out and take a look at how the water flows. >> It did and the water ran away. >> Well, we'll have more. >> Oh boy.
>> More coming maybe. Whatever. It's all good. >> I just I just want to I want to clarify that I want to be exempt from ditch number seven. And I'm going to tell you why. >> Okay. >> Mr. Pop knows why >> I know >> I want to be exempt from ditch number
seven. Because I had to pay my way for people that diverted water back into my property. Um the Army Corps of Engineer, if you read the laws in the statute, you cannot divert water back onto somebody else's
property. I brought it to the attention, Ed seen it, other commissioners seen it. I've contacted a con Army Corps of Engineer back then. Okay. It cost me thousands of dollars to tile my property to farm my property. Okay. I ate that
cost. All right. I ate the cost. They changed the flow of water, dumping the water to my land, which I had to tile and divert the water off of my
property when it was brought to the board and it was brought to Pat Galing who is no longer at the ASC office who came out to my property. And I know this doesn't have anything to do with you guys. Ed is aware of this. Pat Galing
came out to my property. He says, "Yeah, that's wrong. They shouldn't be doing that." He did zero to fix that problem. I fixed it with tiling. Okay. I had to tile my property. It cost me almost
approximately $30,000 to tile to farm my land to the west of my buildings. Okay. I ate the cost. I swallowed my pride. I did everything on that. I didn't they did nothing to help me in that project
at all. The Army Corps of Engineer didn't do it anything. When I tiled, I went to the ASC office. I had the contractor go there and get the permits to put the tiling in. So, I tiled it to the west. Okay. My water in the
watershed might run that way over to 75th Avenue Road over there, but I endured that cost out of my pocket. Okay. I've been penalized in so many ways from the county assessing me with
ditch number seven that I am paying for ditch number seven that is on the south side of highway 25. And because that's the way the flow of the water goes, I get assessed on that. The ditch is not on my the ditch is not on my
property. I'm paying for the maintenance of other farmers, land owners, which I think, this is my opinion, which I think is inappropriate that I I get sentenced twice. >> I don't have the right words. I'm
getting assessed for ditch number seven. Nobody help nobody nobody helped me in my paying mine to clean my ditches. You know what I mean? I have other ditches that are to the north of me. I paid for those out of my personal pocket to the
north of me. They are on a different parcel of land. You know, it's broken down by parcels, but I paid for those. Did any of the other neighbors help pay for that so I could farm that land? I got zero compensation. and I want to be exempt from ditch
number seven. I do not want to pay the other farmers taxes for the cleaning of that ditch. They're going to say, "Well, that's the way your water flows or whatever it is." I don't feel that that's right. I've been wronged and I'm
just going to bring that to the board and we can agree to disagree, but that should have been taken care of back way when. And I'm going to tell you and bring up about Mr. Galen after after after he left my property, the property
owners that own that land, they have government programs at that time if if you didn't follow government regulations and stuff. You were kicked out of the subsidy program that you got benefits from from the milk program,
from the crop program, everything. They knew that this person was in violation. When they left my place, he directly went over to that other neighbor's place and spent time over there talking to him. When I went back to Pat Gailing and asked him what was going on, he says,
"That's an issue with the Army Corps of Engineer." I says, "You knew, and they're passing the buck. You knew that diverting water back into another land owner's >> land is inappropriate. It's not allowed." So, I spent thousands of
dollars tiling to make my farm work. And now I'm going to pay the other neighbors um for ditch number seven that's not on my property. So, if I have to pay the assessments on
ditch number seven, then ditch number seven, people that are paying should pay for what I stuck into um fixing what was wrong to make a right. And the only way I could do that is if I did it myself. I did the
appropriate and the proper stuff to get the permits to do the tiling. I personally didn't go in because I had to go into Pat Gailing. I had the tiling company go get all the permits to make sure everything was legal that they put
the water where it was supposed to go. But for the neighbor to divert water back on to me when I asked to have that looked at and to be done, Ed knows this. I believe Ed was out there. >> Warning Pel was out there.
>> Nothing got done. But now I'm getting assessed for ditch number seven. That's on the other high on the other side of Highway 25 to the south. That's not right. That's a That's That's I'm being extorted. >> It's extortion.
I'm paying everybody else's way plus paying my way. I don't believe that's right. I want to be exempt from ditch number seven. I want to be taken off of that. I don't want to be paying taxes on something that is not on my property. I
paid the taxes on two ditches on my property to the north besides ditch number seven. I if you guys follow me that on that. I have two other ditches that I have to personally clean. I have to personally go get a permit to clean those ditches
because they come out to the county ditch. They come out to county road number 11. So, I always do the proper thing. I go get the permits so somebody's not calling to say, "Hey, he's digging." No, I wasn't digging. I was cleaning. Because they can't mind
their own business because I just want it's all I want to do is farm farm that farm that land. I can only farm that land if it if I have it properly cleaned. But getting back to ditch number seven, I had water that was brought from the
south to the north, which I had to tile back to the west to get the water to flow so I could farm my land. And I want to be exempt from ditch number seven. You know, you can put gold stars by my name if you
want and put it in the paper. And that's not what I want. I don't think that's what you people want. What's right is right and wrong is wrong. I've been wronged and I've been and how I've been wronged is is now I'm paying for everybody else besides what I had to fix
and they didn't correct it back then. Can it be fixed now? It doesn't matter because I did I already paid for the tiling. It's not going to matter with the other neighbor. There's nothing to correct over there. I got the tile in there. The water's going to run out.
Does he need to be notified and fined and all this stuff? No, he doesn't need to be fined. But I shouldn't have to pay for ditch number seven on the other high on the other side of highway 25, which is on the south side. And you know, they changed the flow of water. I didn't. And
when it was brought to the attention to Pat Gailing, he did nothing. He went to the neighbor. He went and saved face with him so he couldn't get picked get kicked out of the program. It isn't for me to go snitch. Doesn't matter. >> It doesn't matter at this point, but I want to be exempt from ditch number
seven. Scott, I thank you for following up on my phone call. Uh, I appreciate it because you're a person of your word. You got integrity. I thank you for that. You followed up. I kept your message. I did not receive any other phone calls
for that. I appreciate what you guys do. I'm just dumbfounded that nothing's nothing has been done, you know, and I don't know if there's a um legality or a process to be >> exempt >> exempt from that ditch number seven from
what has happened to me verse having to pay other people's way. Why should I have to pay those other people's uh for the cleaning of ditch number seven? Why? The ditch number seven's not on my property. They diverted water back
to me. I spent thousands of dollars. 30 grand. It's about a thousand bucks an acre to tile ground. You look at that parcel of land where I tiled. I believe it's 35 acres. >> Is that right? I go ahead, Ed.
>> So your your water where you tiled, is that going into the parcel that actually the water runs to ditch 7? >> Correct. I'm sure it does. Now, >> do you know if the parcel to the south of you, you know, the parcel that were in where they diverted the water, is
that assessed to ditch 72? >> I don't know that. >> Don't know that neither. I can't. >> But anyhow, anyhow, if you wouldn't took the aerial map, the water supposed to go south. >> Mhm. Yeah. >> They'll show the veins going south >> towards number seven. Yeah.
>> Towards number out to Highway 25 >> to seven. Yeah. >> Yeah. Out and to seven. There was something else I was going to mention, but I >> But I assume that's why they're saying that you're benefiting because your your water is getting to >> That's what I was. Now they're saying
>> you don't have to be on the ditch to be benefited. >> Correct. But but I'm going to bring up about the partial number that was at one time it was owned by Jeff Thomas. It was in wildlife and fishery.
They had it in a program and they backed up the they backed up the they switched they switched to Colbert on their property so they could get payment through wildlife and fishery. >> Wow.
>> How long ago was that? >> I don't have the data. >> What's that? >> 10 years. Guess >> 10, 20, 30 years ago. >> Yeah. And for 10 years, I would say when Mike Watercott was still living doing the illegal dig digging or whatever you
want to do, you can dig at 12:00. I mean, I'm let let the person rest. You know what I mean? He's turning the buck. He's making a buck. It's legal just like what's going on here with the you guys got going on with the um
>> property of the cars and the semis or whatever it is. People are People are trying to gain a buck. I'm not trying to gain a buck. I'm trying to survive. >> I'm trying not to pay other people's way. How much how much how much what
what how do I want to say it? I don't have the right words. >> Well, >> I don't want to pay somebody else's way, but when they did that when they did the fishery over at the neighbors at Jeff Thomas' over there, they blocked my water again.
That Jeff Thomas is directly across from my mom. Right. >> Correct. He doesn't own that no more. >> No. >> I have a nephew that p I purchased that. Well, guess what? We cleaned it so it would run. We took it out of wildlife
and fishery. I paid for it out of my pocket so the water can run. Is that right? Come on. >> Question, Mike. I think Huh. I'm not I'm laughing because it's >> I know it's just ridiculous. A lot of
that stuff. >> It's just frustrating >> to me to my knowledge and please correct me if I'm wrong. Ditch authority like today or tomorrow can't decide to just exempt you, right? There's a process. >> Can I I would like the process >> and you'll have to you'd have to file for an exemption. And I'm going to say
that's going to cost some money. >> That's money. I'm just but I'm just I'm just saying >> I mean the pro the problem is not going to go away if I the the the situation is not going to be corrected if we don't um it's going to get passed
on to the next land owner and they're going to have the same issues that are going on. It It's not about me beating up the neighbor that tiled the water and did what he did wrong. I already spent the money to to tile it to farm my ground, but I had nowhere to go with the
water. >> To my knowledge, the way it'll work is if you do file for that exemption, we'll create a public hearing, which would allow all the benefiting land owners on CD7 to come in and speak about that and our attorney and yourself andor your
attorney will have to >> I am not hiring an attorney because I already got one from the county. So, and I don't know that the county attorney I don't know this. I'm not so sure that they would represent that because their representation is for the county, not
for individuals. So, I'm just letting you know how I foresee the process working, >> right? >> And I none of us can sit here today and say, even though we think it's ridiculous and that maybe you should be, >> we can't give you that answer and say,
"Yeah, you're just going to be exempt." because we've gonna have to hear from all the benefiting land owners of CD7. All of them. We would have an opportunity to speak. I don't know if they're show up or not, but we've got to hold the hearing. >> So, how does that process work, Scott?
>> Well, I think you would probably have to meet up with Adam or the county engineer, and there's probably a special permit for an exemption to a county drainage ditch, and that'll start the process. >> It would be like the one we did for CD12. Yeah, would be there's a state
statute that gives you a petition for removal. You fill out that petition for removal that gets sent to me or the treasurer and then we look at it and then we bring that to the board and then the board sets a public hearing like he stated and all those costs would be on
to the petitioner yourself. So, um if this is something you want to move forward with, I can send you the petition. you would fill it out and then you would give it back to me and then we would we would go through the process like >> do you have Adam I would appreciate it
if you do that and if you could mail it to my address at 1283185th Avenue Northeast Foley Minnesota. >> Okay. And if I could get your phone number then I'll follow up that I received it. >> Yes. My my office number is 320
9685061. >> And I do want to highlight Mike, he touched on a little bit, but the petitioner in this case yourself would be responsible for the cost associated with the request to be exempted. >> Okay. I I No, no. I I heard you >> upfront.
>> So, I just want to be upfront that I want to be made whole in every way. Mhm. >> So if you're saying I have to pay for the petition, I want to be made whole in every way for what I had to do for tiling. >> But but what I want to also be clear
about is that I'm not saying and not representing right now that that would be approved because we don't have your information and our attorney's information about qualifying for the exemption. So I want to be super clear about that. Just because you're applying
for it. Oh, it doesn't mean you're going to get it be because because you know you want to know. I'll say it this way. Our government is the people right here. That's our government. And if our
government can't do the right thing, I guess I will be paying the ditch assessment because because I'm forced to do that. >> Well, and like similarly how we're forced to follow state statute, right? Some of the majority of the things that we make a decision on are based off
statute, not on our feelings. >> I understand, Scott, but back when I brought it to Mr. Pop, brought it to Mr. Peshel, brought it to Pat Gerling, they did nothing. And I'm not putting it on anybody. They just thought it would go away, I'm sure.
>> And that could be >> So, so what is why why would you do that to somebody? I don't get it. I I don't want to take up any more time. We we we agree to disagree. Today's St. Patrick's Day. It's a special day for me. And uh
you guys been beat to death today. So I I appreciate everything. I hope I was professional. I presented what I needed. >> I I presented everything to everybody and um it is it is what it is. So I don't know where to go from here. So,
yep. You'll have to decide if you want to move ahead with the petition for removal and Adam can walk you through that process and what that will how that will happen. >> Okay. >> I will send you a letter sometime this week with that petition and then I'll also explain the petition process with along with it.
>> Right. And and and I'm just uh I'm just uh how do you say it? A common Joe. If you think that the other uh people that are in a ditch authority are going to say, "Hey, let him be exempt," you got to be kidding
yourself because it's going to be more money that they got to pay out of their pocket. >> Exactly. Right. >> Say, "Yeah, I I already I already got it. I'm I I wasn't born at night, but or last night, but I was probably born that night."
>> Like, we've we've heard the ditch story like four times, and you've never changed. No, that's true. >> What you said and usually if if you're embellishing, anybody embellishes, things change, >> right? >> You've been steadfast on exactly how this happened, who's come out,
everything like that. And for that, I'll apologize. I to me that no, if there's an issue and and we got county staff that can go out there, it should have been addressed back then. You know, that's why we have staff, right? Well,
it really sounds like from what I'm hearing it was really started out as an ASCS issue and that they basically dropped the ball. So, you moved on to the county just said, "Hey, I'll help." >> You know, it was a federal problem, >> right? So, he didn't get the answer, moves on to the county, and the county
is in >> Well, I think it was an issue where an individual just went and did it. >> Sure. >> And he went to the proper channels like soil and water and that to tell him that it was illegal and by that time >> and they covered up the other guy's tail. >> Yeah. They covered up basically and you
know um the water resource board even looked at it and says well you know it's done you know my comment to Mike and it wasn't a very smart comment was that he had a ridge right between the two properties and I said we'll just build a ridge up and flood the rest of the property out cuz I didn't have an answer
for him on what to do >> and that's where I stacked the rock you know >> but that's where you went and paid the money >> yeah to do it >> but then he went because you know you can't water will drain under and he's downhill. So when they went and tiled it because I mean it's valuable land on
your your farm. Probably as good as it gets. >> Correct. >> And probably even the best you got now since it's tiled. >> It's the first one you can get in. >> Yeah. Yeah. And so, you know, he did everything right to make it right. But I, you know, so Adam will follow up with you on that. I am going to follow up
with H2 over because I'm let down. They they've never not followed through on a request like that. So, I do want to call them and >> just just leave me a message, Scott, that you got a hold of them or whatever and >> and I'm hoping they'll follow up with you. I mean, that's the intent. >> It's It's all good. Today's a good day
to have a good day. >> I'm not here with you guys every week. >> Thank you, Mike. >> Thanks, Mike. >> Thanks. I appreciate it. Go ahead. Yeah. No, I'm I'm good. I I worked in government for 35 years, so um I know how it works.
>> Thank you, Mike. Anyone else? I don't see anyone else here. We are going to move on to our consent agenda. Approve or amend the ditch authority minutes from March 3rd. >> So moved. >> Second. >> Okay. We have a motion, a second to approve those minutes. All those in favor? >> I opposed carried. Regular agenda items.
Consider the contract for CD9 and CD14 maintenance. Adam. >> Good afternoon. That's the first time I've said that here. Better hope it's the last time. All right, I'll make this short and
sweet hopefully for for you guys. Um, yeah. So, we've been talking this for the past I don't know how many um board meetings here, but it's been at least an entire year so far. Every board meeting we've talked about the maintenance for
CD9 and 14 uh maintenance. Um, I finally got a contract that was written by our uh, attorney, assistant attorney. Um, and it's it's followed down here, word for word down here. Um, Cars Tree
Service did sign it and so now it needs signatures from the board chair, Monty, and then our assistant attorney as well. Um, just to remind you all the numbers for each. Um, it was about $9,500 for
CD14, around 6,500 for CD9, totaling almost $16,000. Um, another thing to remember is the maintenance assessment for 2026 for CD14 was set at $15,000 and for CD9, the maintenance assessment
was assessed for $10,000. So, it is budgeted for this year um just for your guys' information. And so yeah, now I just need um signatures from the people I stated before. >> Is there a motion to accept it? So move >> there. Second.
>> And a second. We have a motion, a second uh to approve the contract um with Cars Tree Service for the mowing and maintenance of CD 14 and CD9. Any other discussion? >> I just have a couple questions.
>> Yep. Um, you said that the contract was drafted by by Benton County's, correct? >> Yes. I asked uh Monty if we had a contract template for for situations like this because the contractor said that they aren't usually the ones who
who do the contract themselves. And so I asked Monty and then Monty got Daniel, I believe, to to help me with this. >> Okay. >> Okay. and and and and just I was the reason I was questioning that is because usually on the bottom of these forms the attorney signs off
before >> I saw that too and I can I can vouch Daniel drafted this for us from scratch. >> So that's the reason I asked but maybe next time just have him sign off on sheet so that there's no questions by the board that the county attorney
already looked at it or drafted it or whatever they needed to do. >> So just a little note. >> Yep. We have a motion and a second to approve it for CD9 and 14. Any other discussion? >> I was going to keep our streak alive and table it, but I'll I'll refrain. >> Come on. >> So, I I will be I'll I will I just want
to reiterate I will be the contact for cars tree service. I will update you all periodically of when this is going to take place. Um I will be working with them. Obviously, we can't do it right now. Um, we don't know when we're going to do it yet, but I will be sending out letters to the the individuals who have
the ditch on their property to let them know that there will be >> owing. >> Yeah, that'd be great. >> Perfect. >> And were you on that side note, were you able to contact that other property owner on CD9 about swailes? >> Uh, yes, I did contact uh that property owner. Um, we agreed that once the snow
thaws, I would go out there with him. >> Perfect. >> And and find the spot where he would want swailes to be cut. >> All right, we got a motion, a second. Any other discussion? Hearing none. All those in favor? I >> opposed. >> It's carried. >> We'll move on to CD3, maintenance of buffer strips.
>> Yeah. So, I am going to have to postpone this one. I was hoping to get information to you guys before this hearing or this this this meeting. Um I have been in contact with XL Energy regarding the power lines on CD3 and
what they would do um for us. Um, and they stated that they would cut down the trees, but they would leave the trees there and not remove them. And so now I am working with our attorney to kind of see the legality behind that and what
what the board has as an option. So once I hear back from Ricky Nan, I will I will bring it back to you all. >> Perfect. >> Well, at least they're willing to cut the trees down though to have liability on that, >> I would think. And that's what we're trying to find out, >> right? >> All right. Thank you, Adam. Anything else?
>> Nope. That should be it. members. >> Thank you. >> I was just going to comment on on that, too. I mean, if they go down a road and cut down trees because of a power line, they can't just leave them lay there, >> right? >> So, >> be interesting to see the response. >> No,
>> I know our attorney, I I emailed him um a little while ago, but I think he's out of office for a little bit. So, um hopefully by next drainage authority meeting, I will have more information for you all. >> Perfect. Thank you. We're adjourned at 105. Mr. Chair, it's your meeting.
>> Uh we'll re reconvene our regular county board meeting. Monty, let's just go to the set committee the whole meeting. >> Did you still want to set a future library board of trustees meeting as a cal again? The next one after tonight is
May 19th at 6. Yes or no? >> Oh, I think it'll be over by then >> at that point. >> We could revisit that after the meeting tonight. Understood. >> All right. I just have a few here. >> Correct. >> You're
>> you're invited by Career One to a youth program celebration and fundraiser April 9th, 4:30 St. Cloud Tech College. >> I will not be there. >> Career 1 youth program celebration fundraiser, April 9th, 4:30 St. Cloud
Tech. You're invited to the Initiative Foundation's 40th anniversary celebration May 13th, 5:30 at Northern Hollow Winery in Bowling. They do ask for RSVPs. The event is
free. Do we could perhaps again May 13th, 5:30 Northern Hollow. Perhaps a show of hands. >> May 13th. >> I will be out of the country. >> That will work. Yes. >> Yes. >> Yes. Just say all yes. Let's just go all yes.
And >> you can >> Yeah, you can register online. Register online for that. Uh you're invited by public health to a regional dental meeting. May 7th, 9:00
a.m. Sock Rapids Government Center. A regional dental meeting. Looks like Minnesota Department of Health, the Minnesota Oral Health Coalition, and various others. May 7th, 9:00 a.m. Sock Rapids Government Center.
Um, they do ask for registrations and I don't know why. >> I don't know why either. >> Let's just pass on that. >> Anyway, you have it on your calendars. Uh, the last thing is the the core team asks you all to schedule
the what we used to call the employee forums. I believe now they're they're referred to as coffee with commissioners. Um they're they're deferring to you all to set those dates. So typically then they've been in in conjunction with the county board day at
8:15. So um maybe three scattered amongst out amongst the the remaining months of this year. >> Yep. >> So three again say 8:15 on on county board days. Take your pick.
I don't think it matters. We're pretty much here anyway. >> Yeah. >> Just got to come a little early. >> Yeah. >> But we have to post it as a committee of the whole >> Yeah. >> And obviously notify employees about it, too. So, >> let's pick the first one and we'll go from there. How about I'll start with
the first one. >> How about >> April or May? >> April 20th. >> April 20th. >> It's a Monday. >> That's a Monday. >> Oh, sorry. I'm sorry. April >> 421. 421. >> Okay. And then skipping down maybe how about July, August. July. August.
>> August. Let's go. >> August. Okay. Then that's either the 4th or the 18th. >> I'd say get in >> get into the fourth. >> Well, I only was going to say that because we're going to get into budget stuff. >> So the fourth. >> Fourth. All right. And then
>> stayed with the rhythm. If you're going with the first >> or the second meeting of the month or the second meeting then November or December. So, August 18th. We just changed our mind. 18th. >> Sorry, too late. I wrote it down. Never
mind. August August 18th. And then November or December? >> Well, November is deer hunting. >> December. >> So, the 1st or the 15th? >> We can't do the first because usually we're >> 15th.
>> December 15th. >> And And the first, isn't that usually going to be the tax night? >> The night meeting. That's a good point. You're right. That's TNT. That wouldn't have worked, right? Yep. So, we got April 21st, August 18th, and December
15th. 8:15. >> That's all we have, Mr. Chair. >> Motion to approve. >> Second. >> Okay. Got a motion in a second. Further discussion. Call the question. All in favor say I. >> I. I. >> Okay. Anything else on four?