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[laughter]

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9:00 we'll call the county board the
meeting to order. Begin at the flag

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pledge.
>> I pledge allegiance to the flag of the

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United States of America and to the
republic for which it stands, one nation

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under God, indivisible, with liberty and
justice for all.

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Roll call. Beth
>> sure. Commissioner Benoy

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» here.
>> Commissioner Heinen

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» here.
>> Commissioner Pop

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» here. Commissioner Johnson
>> here.

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» Commissioner Gapinsky
>> present.

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» Thank you. [snorts and clears throat]

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» Approve or amend the agenda. Monty.
>> Mr. Chair, we have one item to add. It's

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an a snap update by human service. Uh
before we we add it, just I wanted to

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mention is we we need to make some
schedule adjustments this morning.

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» Okay. uh so that you can recess county
board at 10 uh so that Kale from Rinky

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can join us.
>> Yep.

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» We need to move our close session to
9:30. So we're we're going to need to to

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take a break about, you know, 9:27 9:28
to get the room set up uh for our labor

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attorney to join us for that closed
session. So, if you could plug into your

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agenda again, a break about 9:27 28 for
labor labor at turning close session and

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then a recess at approximately 10 for
ditch authority. Uh, so I think those

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are pretty significant uh stops. We
really need to, you know, can't drift

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over because to keep with Kale's
schedule and Susan's schedule, we really

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need to stop at those times. So, I guess
the question is where does the human

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services item fit? Uh,
>> Mr. Chair, what I would recommend is to

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do Roxan, do Troy, do Roxan, do Snap,
and then put Monty off hold, put Monty

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on hold until after the
>> Perfectly fine. So you're thinking maybe

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is after Roxan at 9:10 the human
services update. Okay. Okay. And then

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that's all the changes we have, Mr.
Chair.

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» Move for approval of amended agenda, Mr.
Chair.

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» Second.
>> And moved and seconded to approve the

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agenda. Any other discussion? All in
favor?

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» I
>> oppose. Carry.

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» County board meetings are broadcast live
and video recorded on YouTube. Please

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restrain from speaking from the audience
area and come to the podium so that

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viewers can hear you. The county board
observes the Robert's rules of orders

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for its meeting. So, please obtain the
board's chair consent before addressing

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the county board. Public comments are
generally reserved for open forum

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segment or public hearing. However,
public comment on other agenda items may

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be allowed at the discretion of the
board's chair. Please turn your phones

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to vibrate. Thank you.
Open forum. Nobody. Okay. Consent

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agenda. We have items
one through. Move approval.

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» I want to pull
>> second. No, you can go ahead. I'd like

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to pull item number four for
>> I'll amend mine uh removing item number

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four
>> and I will I will also

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» Okay, we've got a motion and a second to
approve items one two

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five

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six seven and eight.
>> Mr. Chair, this is a correct one through

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three and
>> Yep.

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» One through three. Okay.
>> Everything except

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» everything except There we go.
>> Is there

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» There was a motion.
>> There was a motion in a second. All in

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favor?
>> I opposed. Carried.

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» Number four.
>> Uh, can I just have a quick question?

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I noticed on the application that on
number six on the application, it says,

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"Are property taxes current?" And the
box is marked no. Is it common for us to

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issue a license with the uh current
taxes not up to date?

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» Yes, but they have since paid in full.
So,

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» okay.
>> I'm sorry. I didn't hear that.

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» We can issue a license if the current
taxes are not paid. It's only if they're

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delinquent.
>> Oh, delinquent. Okay. Thank you.

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» Yeah.
>> I'll move item number four.

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» Second.
>> Motion been made and seconded. Uh move

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item number four for approval. All in
favor?

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» I
>> I post carried

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Troy.

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» Good morning, commissioners.
>> Good morning.

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» Back before you once again with the AC
contract. Um, as I mentioned last time,

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we've been with AC uh to provide our
jail medical services for um the last

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three years.
We have before you a three-year

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contract. Last time that I presented
this, uh it was the wishes of the board

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to look at reducing the rate being
proposed for the 2027 2028 years. Um

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following that meeting, I had a
conversation with uh the folks at um AC.

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Uh
thanks I think in no small part to our

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strong relationship that we developed
with AC they were willing to reexamine

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those two years and are proposing a 3%
increase in 2027 and 2028.

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» Any questions?
>> Move for approval. Mr. Chair,

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» I'll second.
>> It's been moved and seconded for a

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three-year contract with AC for JL
Medical.

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» Mr. Chair.
>> Yes.

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» Thanks for your work on this, Troy.
Absolutely.

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» Appreciate you going back.
>> Yeah.

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» Yeah.
>> All in favor?

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» I
>> opposed. Carried. Thanks, Troy.

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» Thank you, commissioners.

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» Roxan.
>> Good morning, commissioners.

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» Morning.
>> Morning.

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» Good.

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Okay. So, in light of some recent um
concerns that have come up regarding

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land use and in light of a um planning
commission item that'll be coming

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forward, a request to amend the
comprehensive plan and uh a resoning

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request. Um I thought it would be good
to kind of review how

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zoning came to be and and how that
operates here um not not only in Benton

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County but in all jurisdictions. Um so
zoning is guided by the comprehensive

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plan which lays out the FA framework for
the development of the county. Um the

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comprehensive plan is generally updated
every 10 years and it was most recently

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updated and adopted on June 4th, 2019.
As part of that process, we spent um

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several meetings, seven meetings with
the county board and planning

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commission, nine meetings with cities
and townships, three with focus groups,

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and then 13 months of rigorous review of
the comprehensive plan um to come up

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with what we have here as just one
component of that comp plan, which is

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the land use planning framework, and
that is to help guide us in the

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development of the county. um
maintaining that most of the county is

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agricultural in nature. Um and then
reserving those areas along Highway 10

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um and at intersections for commercial
development just due to the location of

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the access points and the heavier
traffic [clears throat] and then areas

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generally between the city of Rice and
Sartell as primarily where we want to

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see most of our residential development.
um just due to the proximity of services

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and roadways. Um in addition, those
areas have always maintained more of a

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residential or commercial nature simply
due to the fact of um the soils and

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they've they've been um not as good of
quality as we see in the rest of the

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county. Of course, um advancements in
technology have increased um their

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ability to produce. However, that is
primarily the reason why the

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comprehensive plan shows that side of
the county as more of a residential or

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commercial area for the county. Um, so
after the adoption of the comprehensive

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plan, we then thoroughly reviewed the
zoning ordinance. And this wasn't just

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making sure that it matched up with the
comprehensive plan. This was a full

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overhaul of the entire zoning ordinance.
It was a full repeal and replace of the

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zoning ordinance. And so we thoroughly
went through every zoning district and

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the uses within those district to
determine um if it made sense with our

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comprehensive plan and for those areas
in particular. That uh adoption occurred

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on April 21st, 2020.
Uh so that led to what we see here as

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our zoning map [snorts]
which each with each of our districts um

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identified in a different color. And
again, you see how it matches up with

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primarily our residential districts um
between Rice and the city of Sartell. Um

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along with commercial areas along and
adjacent to Highway 10, we do have some

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of these rural service districts that
are at the intersection of more um major

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major intersections um such as 95 and
25. We've got uh Dwelm down here. Um so

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just identifying those particular
locations. Um and the key purpose of

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these zoning districts is to regulate
land use, guide development, protect uh

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public welfare, prevent incompatible
uses, maintain neighborhood character

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and property values, and to provide for
adequate infrastructure. uh making sure

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that there is a different uh a
difference between where we're placing

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our uh residential uses versus our
commercial uses uh to protect the public

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health, safety, general welfare just uh
by making sure that there is um uh space

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between those for especially for safety
purposes. Um and then just to kind of

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get into specifically that difference
between commercial and and uh industrial

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development in a comprehensive plan um
under our goals we try to guide that

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commercial and industrial development to
planned areas with adequate road

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service. Um but we do recognize that
individ individuals do have home

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businesses.
However, we state that allowed homebased

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businesses in rural areas that are
compatible with neighboring properties

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and access roads.
And going on to the next page here, we

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kind of outline in our development code
exactly what a homebased occupation or

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extended home businesses. The home
occupation is something that occurs

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within the single family dwelling
structure and it takes up no no more

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than 20% of the home. Um and essentially
it's not noticeable from uh the outside

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of the building. Um home extended
businesses occur in an accessory

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structure.
Um, and some of those examples are, um,

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home offices, uh, seamstress, tailor,
photography studio, uh, beauty or barber

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shop with limited customers, internet
sales with no face-to-face customer

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service, daycare services, and again,
these businesses are relative to the

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zoning district in which they are
located. So, you may not feel that um,

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you may not see certain home businesses
in a residential district that you may

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see in an agricultural district. Um, for
example, we have a location that has

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horses and they do lessons. So, in the A
district, that may be an appropriate use

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as an extended home business where
they're providing lessons on horses

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where that is not appropriate in a
residential area. So, just to kind of go

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through a few of those things. Um,
[clears throat]

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in in light of uh the most recent
concern uh by a resident um granting of

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a use variance, um we statutoily are not
able to grant use variances. And that is

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so that we protect our zoning districts,
the public health and safety of areas.

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So that when there are set standards and
uses allowed in a particular zoning

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district, we are not allowing one or you
know picking and choosing the types of

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uses that are allowed in there, thereby
affecting the full character of that

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zoning district. Furthermore, um
reszoning a a single lot may be

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construed as spot zoning where you're
only changing the zoning of an area

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specifically to allow a certain use. And
there is case law that um that

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um I'm losing the word here. Uh supports
that that supports that use variances

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are not something that can be granted
and spot zoning doesn't always hold up.

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and you look into the size of the lot
and whether um the surrounding zoning is

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different and whether is supported by
the comprehensive plan. I also know that

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there was concerns about [cough]
tax classification versus zoning

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districts and the tax classification
determines the tax rate based on the

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property's actual use while zoning
regulates the potential and legal use of

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the property. Um, so for example, let's
say you do have somebody with a daycare.

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They're going to have a commercial tax
classification, but it doesn't mean that

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all commercial uses would be allowed
there. And so that's something that

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absolutely needs to be looked into um
before moving forward. So we can't say,

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okay, well, they're classed commercial.
They have a daycare running there, but

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now they move out and I get to move in a
retail operation because it's

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commercial. Um, and [clears throat]
that's the difference between taxing and

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zoning classifications.
>> Uh, just for the board, I wasn't I was

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in DC at the last meeting when all this
came up. So, a lot of this is due to my

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00:16:51,199 --> 00:17:00,000
um questions on this uh on this issue
because one of the things that came up

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00:16:56,240 --> 00:17:04,959
with was exactly that on the tax it says
it's commercial. So they're getting tax

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00:17:02,320 --> 00:17:06,240
commercial, but yet they can't have a
commercial

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00:17:05,679 --> 00:17:10,400
» correct
>> business there, right?

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00:17:07,439 --> 00:17:15,039
» So to me, something's got to change. You
know, whether tax, they shouldn't be

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00:17:12,880 --> 00:17:17,839
being tax commercial if
>> if they can't do business.

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00:17:15,839 --> 00:17:22,240
» If they can't do business, right?
>> Well, no longer should they be in there

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00:17:20,799 --> 00:17:26,640
doing business. They should not have
been doing business. And so, um, with

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the ceasing of that operation, Yes.
Right.

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00:17:27,520 --> 00:17:34,720
» But when they bought it, it was it it
was commercial tax. So, I can see, you

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00:17:32,799 --> 00:17:39,600
know, ignorance of the law is not always
good, right? I I get that. But you got

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00:17:37,679 --> 00:17:43,120
to understand that people just starting
a business, they're they're not

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00:17:41,600 --> 00:17:46,559
attorneys and lawyers and they look at
that and they're like, "Oh, I get it.

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00:17:45,039 --> 00:17:50,640
They didn't ask the questions. Doesn't
make it right." That's why I think

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00:17:48,559 --> 00:17:55,360
they're in this position. I don't think
they meant to harm anybody.

200
00:17:53,120 --> 00:18:00,960
» No. And most people I I I mean, I would
say most people do not intend that. Um,

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00:17:57,919 --> 00:18:06,080
but I do I I I get a lot of phone calls
every every day, every week, um, asking

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if certain things are are allowed. And I
I think there was a lack of due

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00:18:08,080 --> 00:18:13,840
diligence. And it may not have been on
the property owners. It may have been

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00:18:11,280 --> 00:18:22,400
on, uh, the realer or the previous
property owner. Um, information was uh,

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00:18:17,120 --> 00:18:27,520
misconstrued and and it's unfortunate.
Um, and I know just kind of to address I

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know there was concerns about other uses
in that particular neighborhood. Um, and

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00:18:30,000 --> 00:18:36,640
and I've talked to the applic or the the
current property owners about this.

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There is there's a a repair garage in
that neighborhood. I'm aware of that.

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00:18:38,960 --> 00:18:50,080
That particular uh property has had a
repair garage prior to us regulating

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specific home businesses. And so they
were allowed. And that is one example of

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where a non-conforming use is allowed to
expand because they were in place at a

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time in which it was not regulated. Th
>> that's exactly what is wrong with

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government is because 99% of people
don't understand that. You know what I

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mean? And that that's it's frustrating.
I'm

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» Yep. Yep. And I and I take every
opportunity I can to to fully explain

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that uh to
>> I'm not saying you did anything wrong.

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I'm not saying that,
>> you know. So, Mr. Chair, Sir Roxen, when

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that non-conforming use goes away, then
that goes away with the property, too,

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though.
>> Correct.

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» Because that was grandfathered in. But
once that

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» So, if it ceases to operate for one
year,

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» right,
>> that use goes away. Yep.

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» I I've dealt with this a lot at the city
level. Yeah. when I was with the city.

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» So, I have a question on that repair
shop. Sure.

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» If if that person sells that piece of
property, does that grandfather move

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with the property if someone else buys
the repair shop?

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» Yes. Okay.
>> I would imagine there's a C on there.

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» There is not.
>> So, it was even pre prior to that.

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» Yes. Yes. It was allowed to be there
when home businesses um did not require

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a specific permit. um they were simply
allowed as a home occupation or a home

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home business.
>> So is that why you can they need to be

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done if they don't do anything within 12
months because there's no CUP there to

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go with the property?
>> Um

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» I mean what if there good question?
>> Yeah

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» without
thatal.

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» Sure. So the reason that we can it has
to go away is because they don't have a

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cup and they haven't done business for
12 months. But if they had had a cup and

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not done business for 12 months, they
still have the cup.

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» Yeah.

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Any other questions?
>> Well, it's just from my standpoint, I'm

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sitting here going, we're begging
begging work workers and businesses to

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come into the county. And on the on the
other side, not not not not your fault,

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but the laws don't allow us and then
they they get upset with us and move out

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of the county.
>> Right. And I mean, Roxan, from day one,

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since you've been here, you've been
really intelligent and up bringing us up

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to speed on this kind of stuff and I
really appreciate that. But I agree with

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Jared. Sometimes the law just is not
right.

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» It It's not and and we're the ones that
answer for it.

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» Well, and I think it's important to
remember that. I mean, this is an exact

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situation, but there's some things that
we have to look at it sometimes, right?

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The billboard issue, for example, in
Highway 10,

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» we looked at that and decided as a board
that that's something that needed to get

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updated.
>> You know, are these some of those

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00:21:52,559 --> 00:21:57,200
issues? I'm not talking about variances,
but I'm talking about,

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» you know, our comp plan,
>> right? At some point that's going to get

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reviewed and some of this stuff is going
to get

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» and and we're not prohibiting businesses
per se in our residential neighborhoods.

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Just certain types of businesses, ones
that are going to have a lot more

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vehicles, bigger vehicles, more noise,
traffic, um safety concerns for

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residential roads and things like that.
Um but I would say nearly 95% of the

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county it it would be allowed in. Yeah.
So unfortunately they chose that. You

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know,
>> I want to make it extremely clear. I'm

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not I'm not saying you did anything
wrong at all.

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» Means
>> it just

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» it's a difficult conversation to have.
Yeah.

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» Difficult to have with the applicant or
the person that did it.

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» Yep.
>> Well, and you look at the and I know you

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can't single out property,
>> but you look at the property, it's

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actually kind of set up for something
like that where it's got the tree

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barriers and everything like that. It's
like

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00:22:53,120 --> 00:22:58,640
» Well, and and even the location, you
know, I mean, you look at

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» just to the north northwest and there's,
you know, big agricultural fields,

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00:23:00,640 --> 00:23:04,880
» 300 acres up there.
>> Yeah.

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00:23:02,799 --> 00:23:07,360
» And right alongside the railroad tracks.
>> Yeah. Railroad tracks. Nothing's going

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to happen on that other side.
>> Yeah.

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» And it's Yeah. I mean, but it's, you
know, I mean, you were here and we did

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the comp plan and it was a long process
and we met with township, cities,

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00:23:16,480 --> 00:23:22,720
» everybody, you know, the the one deal
that was in the orderly annexation that

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came forth up in the rice area. Boy,
then people did not want it and we

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eventually come to an agreement
>> and it's a great example of we can't

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cover every situation that might come
up.

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» Yeah.
>> So,

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» it's a blanket.
>> It is. Yep.

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» Anyway, anybody else any got anything
else?

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» Nope.
>> Thank you. Thank you.

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00:23:39,600 --> 00:23:44,880
» Thanks for all your knowledge.
>> Thank you.

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» Uh,
>> snap. Snap.

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» Yep. We'll do the

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» You got the

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00:23:53,760 --> 00:23:59,840
» Good morning. I know that SNAP is on the
news every single day, so you probably

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00:23:57,919 --> 00:24:03,919
can't help but see some of the updates,
but I asked Janelle to give us a current

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00:24:01,600 --> 00:24:08,000
update of where we're at today um with
SNAP. And sometimes people might wonder

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if we're not issuing SNAP benefits in
November, what our staff are doing. Um,

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our staff are plenty busy. They still
are doing all the processing, all the

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00:24:14,799 --> 00:24:20,400
things so that things will be ready to
go as soon as SNAP is back in place. And

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00:24:18,880 --> 00:24:23,039
in fact, they're busier than ever
because they're getting a lot of phone

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00:24:21,520 --> 00:24:28,320
calls, a lot of people searching for
food, a lot of questions about this

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00:24:25,520 --> 00:24:32,480
process. But I will ask um Janelle to
give a little update on where we're at.

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00:24:31,520 --> 00:24:34,559
» Good morning, Janelle.
>> Morning. Good morning.

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» Morning.
Okay, first of all, the regular federal

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funding um that normally pays for SNAP
and MIP food support will not be issued

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00:24:43,600 --> 00:24:52,480
until probably until the shutdown is
resolved. There was a federal court

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00:24:48,480 --> 00:24:57,840
issued uh order issued on Friday um to
the USDA to use contingency funds.

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00:24:55,440 --> 00:25:04,320
There's about $5 billion in that and
they figure that would maybe cover half

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00:25:00,320 --> 00:25:08,559
of the nation's need for food. Um, let's
see here.

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00:25:06,559 --> 00:25:12,400
Okay, those contingency funds, they
haven't been released yet, but they're

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00:25:10,480 --> 00:25:17,760
working on it. So, that'll probably take
some time before it actually gets

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00:25:14,880 --> 00:25:19,840
issued. Um, and they're not really sure
how they're going to do that yet. And

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00:25:18,880 --> 00:25:23,279
what percentage
>> isn't that actually in the courts right

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00:25:21,440 --> 00:25:27,919
now saying that they don't know if they
have the legal ability to do that?

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00:25:26,640 --> 00:25:34,000
» I'm pretty sure of it.
>> It's in the courts. He brought it back

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00:25:30,080 --> 00:25:37,440
to the courts to explain to them of how
they're going to distribute it and what

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00:25:35,760 --> 00:25:43,279
they can regulate, not regulate
>> because the government has to be in

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00:25:39,600 --> 00:25:45,679
operation in order to uh enact the
contingency.

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00:25:45,200 --> 00:25:50,960
» Yeah,
>> that's the loophole is what I have

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00:25:48,880 --> 00:25:52,480
understood.
>> Sorry, Janelle.

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00:25:51,840 --> 00:25:57,440
» It's fine.
>> Yeah. And I know there was like well

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00:25:55,200 --> 00:26:02,320
there's a lot of food sources that are
providing more and they've been given I

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00:25:59,200 --> 00:26:07,679
think another four million in Minnesota
to try to help with the shortfall but

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00:26:04,799 --> 00:26:13,360
not going to be enough. Um let's see
here. I was going to clarify that MIP

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00:26:10,799 --> 00:26:19,360
cash funding is still going out. So the
MIP cash funding was not included in

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00:26:15,360 --> 00:26:23,200
that at all. Um let's see. And I think
Sandy said earlier, we're still doing

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00:26:21,200 --> 00:26:26,799
applications and renewals, still
processing everything, doing the

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00:26:24,799 --> 00:26:33,000
approval. It's just the funding that
will be withheld.

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00:26:29,279 --> 00:26:33,000
Uh let's see.

326
00:26:33,633 --> 00:26:38,640
[snorts] Yeah, and she had mentioned too
that our phone calls and stuff, our

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00:26:37,200 --> 00:26:42,799
phone calls and referring people to
other resources will increase.

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00:26:41,440 --> 00:26:47,919
And then I thought I'd let you know, we
have 1,930 cases as of the end of

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00:26:46,400 --> 00:26:53,960
October.
And normally our issuing or our issuance

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00:26:50,080 --> 00:26:53,960
for September was $545,636

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00:26:54,720 --> 00:27:02,400
and then we have 65 cases pending when I
checked it last. Any other questions,

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00:27:01,360 --> 00:27:09,120
Mr. Chair?
>> Yes. Uh uh when we were out in DC for

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00:27:05,840 --> 00:27:12,400
the APO a week and a half ago, um we
were out there for roads and bridges

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00:27:10,559 --> 00:27:16,799
obviously, but one of the biggest things
that we were talking about was SNAP and

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00:27:14,640 --> 00:27:23,919
how that was going to affect everybody,
not just our area. And one of the

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00:27:19,919 --> 00:27:29,120
questions that I had that that was
even though our counties aren't stopping

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00:27:25,679 --> 00:27:32,159
because we're state and local, what's it
going to look like when federal

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00:27:30,240 --> 00:27:38,640
government comes back? how long is this
process going to take to get caught back

339
00:27:33,840 --> 00:27:42,559
up? And they were, I would say, sheepish
on on saying how long that would take,

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00:27:40,720 --> 00:27:45,520
but they're they're saying significant
time.

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00:27:43,919 --> 00:27:49,200
» So just because the federal government
starts back up, these programs start

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00:27:47,600 --> 00:27:52,480
back up, [clears throat] funding doesn't
automatically kick in.

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00:27:52,559 --> 00:28:04,080
I want to give a kudos out to whoever
does the uh uh human services Facebook

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00:27:58,720 --> 00:28:09,840
page I think it is to where you uh
provided all the areas to where people

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00:28:06,399 --> 00:28:14,399
to look for food. My wife looked at it
actually and told me about that the

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00:28:11,840 --> 00:28:17,600
other day. So kudos to you guys.
>> Thank you. You can also give kudos to

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00:28:16,080 --> 00:28:22,399
our staff. They're doing a food drive as
well. And over the weekend, um, a group

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00:28:20,080 --> 00:28:26,240
of them did put together like this, um,
white chicken chili packages. So, with

349
00:28:24,559 --> 00:28:30,159
the all the things you would need with a
recipe to do do white chicken chili. I

350
00:28:28,159 --> 00:28:34,159
mean, it's it's minuscule in what we
need in the world, but I still think it

351
00:28:31,600 --> 00:28:37,840
it is worth noting what our staff are
doing on their own personal time as well

352
00:28:35,919 --> 00:28:39,279
to try and have an impact.
>> Awesome. Thank you.

353
00:28:38,880 --> 00:28:40,240
» Y,
>> great.

354
00:28:39,919 --> 00:28:43,200
» Thank you.
>> Any other questions?

355
00:28:41,279 --> 00:28:47,360
» Any anything else? Thanks for the
updates.

356
00:28:44,399 --> 00:28:52,320
» Thank you.
Well, at this point, we're close enough

357
00:28:48,640 --> 00:28:55,760
that we'll recess the county board and
>> so M chair we wouldn't recess. We just

358
00:28:54,240 --> 00:28:58,559
need to have a motion to go in close
session pursuant to the agenda item.

359
00:28:57,760 --> 00:28:59,919
» So moved.
>> Yep.

360
00:28:59,279 --> 00:29:03,039
» Second.
>> And I could just note for the record

361
00:29:01,279 --> 00:29:08,000
again, we're you're closing uh the
county board meeting pursuant to

362
00:29:04,399 --> 00:29:14,000
Minnesota statutes 13D.03 subdivision 1
for discussion of labor strategy and

363
00:29:10,640 --> 00:29:16,799
we're closing the session at 9:27.
Can we also talk about Tim as long as

364
00:29:16,000 --> 00:29:20,715
we're doing that?
>> Absolutely. Okay, that's right.

365
00:29:18,695 --> 00:29:20,715
» [laughter]