Agenda - Tuesday, June 8, 2021

Crow Wing County Board Agenda 06/08/2021 of 2

Our Vision: Being Minnesota’s favorite place.

Our Mission: Serve well. Deliver value. Drive results.

Our Values: Be responsible. Treat people right. Build a better future.

AGENDA

Crow Wing County Board of Commissioners Regular Meeting

06/08/2021 9:00 AM

County Board Room, 3rd Floor, Historic Courthouse, Brainerd MN *Note: Times are approximate

The agenda has been published as shown below but is subject to change to include such business as may come before the Board.

ATTEND IN-PERSON OR BY MICROSOFT TEAMS (CALL 218-302-1725, CONFERENCE ID: 213 792 460#); LIVESTREAM AVAILABLE AT WWW.CROWWING.US OR ON THE CROW WING COUNTY YOUTUBE CHANNEL

1. 9:00 AM Call to Order and Pledge of Allegiance

2. Open Forum

3. Review and Approve Minutes

3.1. 05/25/21 Regular County Board Meeting Minutes

4. Review and Approve Agenda

5. Consent Agenda

5.1. Bills

5.2. Personnel Actions

5.3. 2021 3.2 Percent Malt Liquor Off Sale License Renewal

5.4. 2021 New Tobacco License

5.5. 2021 State of Minnesota Annual County Boat and Water Safety Grant Agreement

6. Community Services

6.1. Community Living Infrastructure Grant

7. Land Services

7.1. Land Use Map Amendment - Tamara Peterson

Crow Wing County Board Agenda 06/08/2021 of 2

Our Vision: Being Minnesota’s favorite place.

Our Mission: Serve well. Deliver value. Drive results.

Our Values: Be responsible. Treat people right. Build a better future.

8. County Sheriff

9. County Attorney

10. County Administrator

10.1. Senior Management Team Report

11. Additional Business

12. Closed Meeting

12.1. Labor Negotiation Strategy pursuant to MS 13D.03, Subd 1 (b)

13. Adjournment

14. County Board Correspondence

. County Board Correspondence for 06/08/21

For more information, call 218-824-1067 Crow Wing County Board meeting agendas are available online at

www.crowwing.us

REQUEST FOR BOARD ACTION

Meeting Date

Tuesday, June 8, 2021

Administration ___________________________ ORIGINATING DEPARTMENT

Therese Norwood __________________________ PRESENTER

______________________________________________________________________

AGENDA ITEM: 05/25/21 Regular County Board Meeting Minutes

PREVIOUS ACTION: COMMENTS: RECOMMENDED BOARD ACTION: To approve the minutes of the May 25, 2021 regular County Board meeting.

Approximate length of presentation: 1 min

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Crow Wing County Board of Commissioners Regular Meeting Minutes 05/25/2021 Page 1 of 6

CROW WING COUNTY BOARD OF COMMISSIONERS

REGULAR MEETING MINUTES

Historic Courthouse Brainerd, Minnesota

05/25/2021

1. Call to Order and Pledge of Allegiance

Chair Barrows called the meeting to order at 9:00 AM and called for participation in reciting the Pledge of Allegiance followed by a moment of silence.

Present: Paul Koering, Steve Barrows, Rosemary Franzen, Doug Houge

Present by Teams: Bill Brekken

Others Present: County Administrator Timothy Houle, County Attorney Donald Ryan (by Teams), Administrative Coordinator Therese Norwood

2. Open Forum - None

3. Review and Approve Minutes

Moved by Commissioner Franzen seconded by Commissioner Koering to approve the minutes of the May 11, 2021 regular County Board meeting. On roll call vote, Commissioner Koering voted aye, Commissioner Houge voted aye, Commissioner Franzen voted aye, Commissioner Brekken voted aye, and Commissioner Barrows voted aye. Motion Passed [Unanimous]

4. Review and Approve Agenda

Moved by Commissioner Houge seconded by Commissioner Franzen to approve the agenda of the May 25, 2021 regular County Board meeting. On roll call vote, Commissioner Houge voted aye, Commissioner Franzen voted aye, Commissioner Brekken voted aye, Commissioner Koering voted aye, and Commissioner Barrows voted aye. Motion Passed [Unanimous]

5. Consent Agenda

Moved by Commissioner Franzen seconded by Commissioner Koering to approve the following consent agenda. On roll call vote, Commissioner Franzen voted aye, Commissioner Brekken voted aye, Commissioner Koering voted aye, Commissioner Houge voted aye, and Commissioner Barrows voted aye. Motion Passed [Unanimous]

5.1. Bills

Approved the following expenditure listing for May 25, 2021, with the full listing available on file in the Office of the Administrative Services Director:

General Fund $233,571.26 Restricted & Committed Funds 11,997.22 Highway Fund 1,267,752.78 Community Services Fund 55,068.18 Solid Waste (Non-Landfill) Fund 9,015.06

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Land Management Fund 79,545.32 Unorganized Territories Fund 683.88 Capital Projects Fund 10,405.76 Landfill Fund 70,083.42 Total $1,738,122.88

5.2. Personnel Actions

Approved the Human Resource Report for Personnel Actions dated May 25, 2021, as on file.

5.3. 2021 On Sale and Sunday Liquor License Renewals

Approved the 2021 renewal On Sale and Sunday Liquor License Applications, as on file, as recommended by the appropriate Town Boards, subject to recommendation by the County Attorney and County Sheriff, subject to all State requirements and any delinquent taxes being paid, and authorized the Administrative Services Director to issue said Licenses.

5.4. 2021 Combination Liquor License Renewals

Approved the 2021 renewal Combination (On Sale Sunday and Off Sale) Liquor License Applications, as on file, as recommended by the appropriate Town Boards, subject to recommendation by the County Attorney and County Sheriff, subject to all State requirements and any delinquent taxes being paid, and authorized the Administrative Services Director to issue said Licenses.

5.5. 2021 Off Sale Liquor License Renewals

Approved the 2021 renewal Off Sale Liquor License Applications, as on file, as recommended by the appropriate Town Boards, subject to recommendation by the County Attorney and County Sheriff, subject to all State requirements and any delinquent taxes being paid, and authorized the Administrative Services Director to issue said Licenses.

5.6. 2021 3.2 Percent Malt Liquor License Renewals

Approved the 2021 renewal 3.2 Percent Malt Liquor License Applications, as on file, as recommended by the appropriate Town Boards, subject to recommendation by the County Attorney and County Sheriff, subject to all State requirements and any delinquent taxes being paid, and authorized the Administrative Services Director to issue said Licenses.

5.7. 2021 On-Sale Intoxicating Malt Liquor License Renewal

In accordance with Minnesota Statute 340A.404, Subdivision 5, and resolution adopted by the Board of Commissioners on May 10, 1988, approved the 2021 renewal application of Wings Airport Café LLC DBA Wings Airport Café, Town of Oak Lawn, to sell intoxicating Malt Liquor at on-sale in conjunction with the On-Sale Wine and On-Sale 3.2 Percent Malt Liquor Licenses.

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5.8. 2021 On-Sale Wine License

Approved the 2021 renewal On-Sale Wine License Application of Wings Airport Café, LLC DBA Wings Airport Café, as recommended by the Town of Oak Lawn, County Attorney and County Sheriff, subject to all State requirements and any delinquent taxes being paid, and authorized the Administrative Services Director to issue said License.

5.9. Exempt Gambling Permit - Knights of Columbus

Approved the Minnesota Lawful Gambling Application for an Exempt Permit for the Knights of Columbus to be held on the date of August 13, 2021 at the St. Mathias Church/Park, Town of St. Mathias, subject to all State Laws and upon approval of said date, the applicants submitting a copy of reports required by the State.

5.10. Off-Site Gambling Permit

Approved the Minnesota Lawful Gambling Application for an Off-Site Permit of the Confidence Learning Center to be held on the dates of June 23 - 26, 2021, at BIR/Lakes Jam, Unorganized Territory, subject to all State Laws and upon approval of said dates, the applicant submitting a copy of reports required by the State.

5.11. Donation

Accepted a $1,075 donation from various donors to the Crow Wing County Van Fund.

5.12. New Premises Gambling Permit

Approved the Premises Permit Application of the Sexual Assault Services Inc. for a Premises Permit to be held at Dennis Drummond Wine Company, Town of Long Lake, subject to all State Laws and upon approval of said Application, the applicant submitting a copy of reports required by the State.

5.13. Award Contract for Contract No. 21004 for Project SP 018-615-009

Authorized entering into a contract between Crow Wing County and Anderson Brothers Construction Company of Brainerd, LLC in the amount of $1,416,684.39 for Project SP 018-615-009 (Bituminous Surfacing and Bridge Rehabilitation on CSAH 15 from TH 371 in Jenkins to CSAH 1), and the Chair and County Administrator are authorized to sign said contract after DBE clearance from the Office of Civil Rights, subject to review as to form and execution by the County Attorney.

5.14. Widseth Funding Assistance Agreement for HHW Improvements

Authorized entering into an agreement between Crow Wing County and Widseth Smith Nolting for grant writing services to assist the County in applying for funding through the MPCA Solid Waste Processing Facilities Capital Assistance Program for a new household hazardous waste building, a new electronics recycling building and two loading docks, and the Environmental Services Supervisor is authorized to sign said agreement on behalf of the County.

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5.15. Abatements

Approved the following abatements as recommended by the Land Services Director:

Settlement Applications APPLICANT DISTRICT PARCEL

NUMBER

PAYABLE YEAR

PENALTY/ INTEREST

SETTLEMENT

Laura Iancu Crosby 11120762 2020 $40.74 Remove

Market Value Reduction/Classification Change

APPLICANT DISTRICT PARCEL NUMBER

PAYABLE YEAR

TAX SETTLEMENT

Rose Mankowski St. Mathias 90200520 2021 $3,786.00 $380.00 Daniel & Lauri Helbling Pequot Lakes 29250509 2021 $1,647.00 $1,497.00 Daniel & Lauri Helbling Pequot Lakes 29250515 2021 $1,976.00 $404.00

Solid Waste/Recycling Fee

APPLICANT DISTRICT PARCEL

NUMBER

PAYABLE YEAR

SPECIAL ASSESSMENT

SETTLEMENT

Craig Putnam Breezy Point 10180938 2021 $15.00 Cancel State of Minnesota DNR Crosby 11010545 2020 $15.00 Cancel

STR Request

APPLICANT DISTRICT PARCEL

NUMBER

PAYABLE YEAR

TAX SETTLEMENT

Edward & Neoma Bather Nisswa 28220736 2021 $21,384.00 $10,920.00

5.16. Land Asset Management Policy Updates

Approved the updated Land Asset Management Policy, as on file.

5.17. Application for Repurchase of Forfeited Lands, Dombovy

Approved Application for Repurchase of Forfeited Lands of Leonard Dombovy based on circumstances of undue hardship.

5.18. Application for Repurchase of Forfeited Lands, Thomas Approved Application for Repurchase of Forfeited Lands of Katie Thomas, heir of Gregory Thomas, based on circumstances of undue hardship.

6. Land Services

6.1. Wetland Conservation Act (WCA) Administration in Crow Wing County

Moved by Commissioner Houge seconded by Commissioner Koering to approve

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Resolution #2021-28 (attached): TO ADOPT ADMINISTRATION OF THE WETLAND CONSERVATION ACT IN THE CITY OF IRONTON IN CROW WING COUNTY. On roll call vote, Commissioner Brekken voted aye, Commissioner Koering voted aye, Commissioner Houge voted aye, Commissioner Franzen voted aye, and Commissioner Barrows voted aye. Motion Passed [Unanimous]

7. 9:05 AM Public Hearing, MN DEED Small Cities Development Program Block Grants for Broadband Infrastructure

Moved by Commissioner Koering seconded by Commissioner Houge to open the Public Hearing at 9:06 AM. On roll call vote, Commissioner Koering voted aye, Commissioner Houge voted aye, Commissioner Franzen voted aye, Commissioner Brekken voted aye, and Commissioner Barrows voted aye. Motion Passed [Unanimous]

There was no public comment.

Moved by Commissioner Koering seconded by Commissioner Franzen to close the Public Hearing at 9:15 AM. On roll call vote, Commissioner Houge voted aye, Commissioner Franzen voted aye, Commissioner Brekken voted aye, Commissioner Koering voted aye, and Commissioner Barrows voted aye. Motion Passed [Unanimous]

7.1. MN DEED’s Community Development Block Grant Coronavirus (CDBG-CV) Broadband Grant Program

Moved by Commissioner Houge seconded by Commissioner Franzen to approve Resolution #2021-29 (attached): LOCAL GOVERNMENT RESOLUTION FOR CTC BROADBAND GRANT. On roll call vote, Commissioner Franzen voted aye, Commissioner Brekken voted aye, Commissioner Koering voted aye, Commissioner Houge voted aye, and Commissioner Barrows voted aye. Motion Passed [Unanimous]

8. Land Services (Continued)

8.1. Mississippi River - Brainerd Watershed, One Plan - Resolution to Support Development

Moved by Commissioner Koering seconded by Commissioner Houge to approve Resolution #2021-30 (attached): TO SUPPORT A MISSISSIPPI RIVER - BRAINERD WATERSHED ONE WATERSHED, ONE PLAN. On roll call vote, Commissioner Brekken voted aye, Commissioner Koering voted aye, Commissioner Houge voted aye, Commissioner Franzen voted aye, and Commissioner Barrows voted aye. Motion Passed [Unanimous]

8.2. Cooperative Agreement with DNR to Improve County Public Water Access Sites

Moved by Commissioner Houge seconded by Commissioner Koering to authorize entering into a Mississippi River Public Water Access Cooperative Agreement between the State of Minnesota, acting by and through the Commissioner of the Department of Natural Resources, and Crow Wing County to cooperate in the installation and rehabilitation of County-owned lands described as Mississippi River, PWA at Section 4, Township 134N, Range 27W, Gilbert Lake PWA at Section 27, Township 134N, Range 28W, and Sebie Lake PWA at Section 36, Township 43N, Range 32W, effective June 1, 2021 through December 31, 2025, and the Environmental Services Supervisor is authorized to sign said agreement on behalf of Crow Wing County. On roll call vote, Commissioner Koering voted aye, Commissioner Houge voted aye, Commissioner

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Franzen voted aye, Commissioner Brekken voted aye, and Commissioner Barrows voted aye. Motion Passed [Unanimous]

8.3. Public Water Access Land Use Cooperative Agreement with State of Minnesota

Moved by Commissioner Houge seconded by Commissioner Koering to authorize entering into a Public Water Access Land Use Cooperative Agreement between the State of Minnesota, acting by and through the Commissioner of the Department of Natural Resources, and Crow Wing County for placement of signs with information on free decontaminations for prevention of the spread of aquatic invasive species, effective May 21, 2021 through December 31, 2031, and the Business Manager is authorized to sign said agreement on behalf of Crow Wing County. On roll call vote, Commissioner Houge voted aye, Commissioner Franzen voted aye, Commissioner Brekken voted aye, Commissioner Koering voted aye, and Commissioner Barrows voted aye. Motion Passed [Unanimous]

9. County Sheriff

10. County Attorney

11. County Administrator

11.1. Senior Management Team Report

A report was given by County Administrator Timothy Houle on behalf of the Senior Management Team.

11.2. Appointment to Transportation Advisory Committee

The Chair appointed Jamie Hukriede to replace Michael Dubay as the District 2 representative on the Transportation Advisory Committee for a term expiring 01/31/22.

12. Additional Business - None

13. Adjournment

Moved by Commissioner Franzen seconded by Commissioner Koering to adjourn at 9:34 AM. On roll call vote, Commissioner Franzen voted aye, Commissioner Brekken voted aye, Commissioner Koering voted aye, Commissioner Houge voted aye, and Commissioner Barrows voted aye. Motion Passed [Unanimous]

____________________________________ Steve Barrows, Chair Board of County Commissioners

____________________________________ Timothy J. Houle County Administrator

Prepared by Therese Norwood

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BOARD OF COUNTY COMMISSIONERS

Crow Wing County, Minnesota

DATE: May 25, 2021 Resolution 2021-28 OFFERED BY COMMISSIONERS: Houge and Koering AYES: Koering, Brekken, Barrows, Franzen, Houge

RESOLUTION TO ADOPT ADMINISTRATION OF THE WETLAND CONSERVATION ACT IN THE CITY OF IRONTON IN CROW WING COUNTY

WHEREAS, the Minnesota Wetland Conservation Act of 1991 (WCA) requires local government units (LGUs) to implement the rules and regulations promulgated by the Board of Water and Soil Resources (BWSR) pertaining to wetland draining, filling and excavation, and WHEREAS, Minnesota Rules, Chapter 8420, have been adopted by BWSR in accordance with the rulemaking provisions of Minnesota Statutes, Chapter 14, for the purpose of implementing WCA, and WHEREAS, Crow Wing County agrees to provide knowledgeable and trained staff with expertise in water resource management to manage the program as required by Minnesota Rule 8420.0200, Subpart 2, Item B, and WHEREAS, Minnesota Rule 8420.0200, Subpart 2, Item A, requires that each LGU of the State send a written acknowledgement, including a copy of the adopting resolution, to BWSR that it is assuming its responsibilities under Chapter 8420 and the Act. NOW, THEREFORE, BE IT RESOLVED that Crow Wing County hereby accepts the authority and administrative responsibility to implement WCA as the LGU within the legal boundaries of the City of Ironton, in accordance with Minnesota Rules, Chapter 8420.

STATE OF MINNESOTA ) COUNTY OF CROW WING) SS I, Timothy J. Houle, County Administrator, Crow Wing County, Minnesota, hereby certify that I have compared the foregoing copy of the resolution of the county board of said county with the original record thereof on file in the Administration Office, Crow Wing County, Minnesota, as stated in the minutes of the proceedings of said board at a meeting duly held on May 25, 2021, and that the same is a true and correct copy of said original record and of the whole thereof, and that said resolution was duly passed by said board at said meeting.

Witness my hand and seal this 8th day of June 2021.

__________________________________________________ TIMOTHY J. HOULE COUNTY ADMINISTRATOR

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DATE: May 25, 2021 Resolution 2021-29 OFFERED BY COMMISSIONERS: Houge and Franzen AYES: Koering, Brekken, Barrows, Franzen, Houge

LOCAL GOVERNMENT RESOLUTION FOR CTC BROADBAND GRANT APPLICATION

Applicant Name: Crow Wing County

BE IT RESOLVED that Crow Wing County act as the legal sponsor for the project contained in the Application to be submitted on May 28, 2021 and that the County Board Chair and County Administrator are hereby authorized to apply to the Department of Employment and Economic Development for funding of this project on behalf of Crow Wing County.

BE IT FURTHER RESOLVED that Crow Wing County has the legal authority to apply for financial assistance, and the institutional, managerial and financial capability to ensure adequate construction, operation, maintenance and replacement of the proposed project for its design life.

BE IT FURTHER RESOLVED that Crow Wing County has not violated any Federal, State or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice.

BE IT FURTHER RESOLVED that upon approval of its application by the State, Crow Wing County may enter into an agreement with the State of Minnesota for the approved project, and that Crow Wing County certifies that it will comply with all applicable laws and regulations as stated in all contract agreements.

BE IT FURTHER RESOLVED that the County Board Chair and County Administrator, or their successors in office, are hereby authorized to execute such agreements, and amendments thereto, as are necessary to implement the project on behalf of the Applicant.

BE IT FURTHER RESOLVED the Duplication of Benefits statement is acknowledged and on file in the County Administrator’s Office.

BE IT FURTHER RESOLVED the Citizen Participation Plan attached hereto is hereby adopted and included for purposes of this grant application.

BE IT FURTHER RESOLVED the County Board Chair and County Administrator are hereby authorized to make all necessary signatures to proceed with the grant application.




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DATE: May 25, 2021 Resolution 2021-30 OFFERED BY COMMISSIONERS: Koering and Houge AYES: Koering, Brekken, Barrows, Franzen, Houge

RESOLUTION TO SUPPORT A MISSISSIPPI RIVER - BRAINERD WATERSHED ONE WATERSHED, ONE PLAN

WHEREAS, the Minnesota Board of Soil and Water Resources has developed policies for coordination and development of comprehensive watershed management plans, also known as One Watershed, One Plan, consistent with Minnesota Statute 103B.801, Comprehensive Watershed Management Planning Program, and

WHEREAS, Minnesota Statute 103B.301, Comprehensive Local Water Management Act, authorizes Minnesota Counties to develop and implement a local water management plan, and

WHEREAS, Minnesota Statutes 103C.331, Subdivision 11, Comprehensive Plan, authorizes Minnesota Soil and Water Conservation Districts to develop and implement a comprehensive plan, and

WHEREAS, the counties and soil and water conservation districts within the Mississippi River - Brainerd Watershed (Hydrologic Unit Code 07010104), as delineated in the attached One Watershed, One Plan Suggested Boundary Map, have interest in developing a comprehensive watershed management plan for this area.

NOW, THEREFORE, BE IT RESOLVED that Crow Wing County recognizes and supports watershed-scale planning efforts consistent with Minnesota Statutes 103B.801, also known as One Watershed, One Plan.

BE IT FURTHER RESOLVED that Crow Wing County welcomes the opportunity to collaborate with the counties and soil and water conservation districts within the Mississippi River - Brainerd Watershed for watershed-scale planning efforts in the future.

BE IT FURTHER RESOLVED that Crow Wing County supports an application to the Board of Water and Soil Resources for a planning grant to develop a comprehensive watershed management plan and anticipates entering into a Memorandum of Agreement with the counties and soil and water conservation districts, within the Mississippi River - Brainerd Watershed, to collaborate on this effort, pending selection as a recipient of a planning grant.




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Mississippi River Brainerd Watershed Planning Boundary Hydrologic Unit Code (07010104)

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Meeting Date


Human Resources ___________________________ ORIGINATING DEPARTMENT

Meliene Fontaine-Laska __________________________ PRESENTER

______________________________________________________________________

AGENDA ITEM: Personnel Actions

PREVIOUS ACTION: COMMENTS: RECOMMENDED BOARD ACTION: To approve the Human Resource Report for Personnel Actions dated June 8, 2021, as on file.

Approximate length of presentation:

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Replacement Staffing

Classification Title: Accounting Technician

Department: Community Services

Reason for Vacancy: Promotion of Carolyn White, May 31, 2021

Personnel Committee: Yes

Classification Title: Patrol Deputy (2)

Department: Sheriff’s Office

Reason for Vacancy: Departure of Colton Weber, May 25, 2021 and Scott Friis, June 17, 2021


Classification Title: Property Assessor in Training

Department: Land Services

Reason for Vacancy: Departure of Dana Keil, June 7, 2021


Hires

Name: Jerry Beckmann

Classification Title: Highway Maintenance Specialist

Department: Highway

Date of Hire: June 8, 2021

Reason for Vacancy: Departure of Keith Wasserzieher, April 29, 2021

Name: Tim Otterness

Classification Title: Highway Maintenance Specialist

Department: Highway


Reason for Vacancy: Departure of Glow Bechard, June 25, 2020

Name: Allen Brundin

Classification Title: Engineering Technician

Department: Highway


Reason for Vacancy: Departure of Steve Huttner, June 12, 2020

Human Resource Report Personnel Actions

June 8, 2021

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Promotions

Name: Carolyn White

Classification Title: Business Manager

Department: Community Services

Date of Promotion: May 31, 2021

Reason for Vacancy: Departure of Teressa Pickar, May 12, 2021

Departures

Name: Colton Weber

Classification Title: Patrol Deputy


Date of Departure: May 25, 2021

Name: Dana Keil

Classification Title: Accredited Property Assessor

Department: Land Services

Date of Departure: June 7, 2021

Name: Scott Friis

Classification Title: Patrol Deputy


Date of Departure: June 17, 2021

Reclassifications

None

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Meeting Date


Administrative Services ___________________________ ORIGINATING DEPARTMENT

Deborah A. Erickson __________________________ PRESENTER

______________________________________________________________________

AGENDA ITEM: 2021 3.2 Percent Malt Liquor Off Sale License Renewal

PREVIOUS ACTION: COMMENTS: RECOMMENDED BOARD ACTION: To approve the 2021 renewal 3.2 Percent Malt Liquor Off Sale License Application of Grandpa’s General Store LLC DBA Grandpa’s General Store, as recommended by the Town of Center, County Attorney and County Sheriff, subject to all State requirements and any delinquent taxes being paid and authorize the Administrative Services Director to issue said License.


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Meeting Date


Administrative Services ___________________________ ORIGINATING DEPARTMENT

Deborah A. Erickson __________________________ PRESENTER

______________________________________________________________________

AGENDA ITEM: 2021 New Tobacco License

PREVIOUS ACTION: COMMENTS: RECOMMENDED BOARD ACTION: To approve the 2021 new Tobacco License application of BC Niesen, Inc. DBA Garrison Wine & Spirits, City of Garrison, subject to recommendation by the County Attorney and County Sheriff, subject to any delinquent taxes being paid, and authorize the Administrative Services Director to issue said License.


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Meeting Date


Sheriff ___________________________ ORIGINATING DEPARTMENT

Brad Thesing __________________________ PRESENTER

______________________________________________________________________

AGENDA ITEM: 2021 State of Minnesota Annual County Boat and Water Safety Grant Agreement

PREVIOUS ACTION: COMMENTS: The total amount of this grant is $70,347. RECOMMENDED BOARD ACTION: To authorize entering into a grant agreement between Crow Wing County - Crow Wing County Sheriff's Office and the State of Minnesota, acting through its Commissioner of Natural Resources, Enforcement Division to provide County Sheriff services for boat and water safety activities, effective January 1, 2021 through June 30, 2022, and the County Sheriff, Chair and County Administrator are authorized to sign said grant agreement, subject to review as to form and execution by the County Attorney.


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Meeting Date


Community Services ___________________________ ORIGINATING DEPARTMENT

Tami Lueck __________________________ PRESENTER

______________________________________________________________________

AGENDA ITEM: Community Living Infrastructure Grant

PREVIOUS ACTION: N/A COMMENTS: Department of Human Services - Housing and Support Services Division has selected Crow Wing County to be awarded through the Community Living Infrastructure grant program in the amount of $341,715. This project is to provide services per the proposed FY22/23 budget. This grant award through this program would be used to provide outreach, capacity building with a housing resource specialist, and streamlining administration and monitoring of housing support activities. Please see Executive Summary for the proposed program to be offered in Crow Wing County. If granted approval to accept this reimbursement grant, Community Services will prepare a full budget amendment, and seek personnel approval. RECOMMENDED BOARD ACTION: APPROVE THE ACCEPTANCE OF Community Living Infrastructure grant through the Department of Human Services - Housing and Support Services Division effective July 1, 2021 through June 30, 2023 in the amount of $341,715 and if accepted, Community Services Director authorized to sign said agreement and Community Services will prepare a full budget amendment, and seek personnel approval.

Approximate length of presentation: 5 min.

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Minnesota Department of Human Services Housing and Support Services Division P.O. Box 64842 St. Paul, MN 55164-0842 May 26, 2021 Tami Lueck, Adulst Services Division Manager Crow Wing County 204 Laurel Street, PO Box 686 Brainerd, MN 56401

Dear Ms. Lueck,

Congratulations! Your organization has been selected to receive a reimbursement grant from the Department of Human Services – Housing and Support Services Division. The grant has been awarded through the Community Living Infrastructure grant program in the amount of $341,715. Grant awards through this program could be used for outreach, capacity building with a housing resource specialist, and/or streamlining administration and monitoring activities. This project selected is to provide services per the proposed FY22/23 budget.

Attached you will find a project description and budget sheet identifying the activities with which you have been funded for FY22/23. This form will be incorporated as an attachment to the grant agreement between DHS and your organization outlining the scope and budget of the funded project.

We are pleased to report that, with the support of Moving Home Minnesota, a Money Follows the Person Rebalancing Demonstration, we are able to allocate additional funding this grant period to support community living activities. If you accept this grant award, please review the attachment and provide your acceptance of the grant award and comments on the budget attachment by no later than June 3, 2021 or your award may be forfeited. We will be issuing a grant contract shortly thereafter award acceptance. A prompt response is requested.

If you have any questions feel free to contact me at [email protected] or 651-431-6068. I look forward to working with you.

Sincerely,

Traci Vibo Traci Vibo Contracts Manager

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mailto:[email protected]

Crow Wing County

Fiscal Year 2022 – 2023 Budget

Category of Funding Budget What This Funds

Housing Resource Specialist $191,525 $177,000: 1 FTE Housing Resource Specialist

$11,335: .05 FTE Supervisor

$3,190: Office Equipment

Administration and Monitoring of Housing Support

$150,190 $147,000: 1 FTE Administration of Housing Support

$3,190: Office Equipment

TOTAL $341,715

Crow Wing County will be awarded $341,715 in this round of funding for the Community Living

Infrastructure Program for fiscal years 2022 – 2023. This funding will cover initiatives in the: 1)

Housing Resource Specialist and 2) Administration and Monitoring of the Housing Support

Program categories.

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Community Living Infrastructure Grant Program Executive Summary

Stable housing is essential to a person’s ability to thrive, be healthy and fully engage in their community. As noted in the Governor’s Taskforce on Housing 2018 Report, “The affordability of homes in Minnesota, relative to our ability to pay for them, has been declining for years as rising costs for homes, transportation, health care, education and other basic goods, outpace the increase in average incomes. (See Crow Wing County Housing Data) We have not built enough to keep up with demand over the last decade, which means we have more families trying to secure the same number of homes. This unmet demand drives up home prices for everyone, renters and buyers.” Due to this shortage of housing options, many individuals and families in our community are staying in unstable housing environments, doubled up, living on the streets while others are “over housed” meaning they may be living in a group home, institution, board and lodge setting with the desire and ability to live more independently yet feel they have no options. Through this Community Infrastructure Grant funding, Crow Wing County would develop a housing‐related infrastructure available to all people in our county. Community Services is a central hub in our community to connect to various services and supports such as mental health services, substance use treatment, home and community based waiver programs, eligibility programs, and child and family services. We have not had a team dedicated to housing and by integrating a housing into our service delivery system we will be able to not only provide support and service to this population; we will also meet a person’s community living needs and choices by working to further develop our housing opportunities in Crow Wing County. The program will work with people who are homeless, unstably housed, or who want to relocate from hospitals, treatment centers, jail or other facilitates into housing in the community. The team will screen basic needs and assist with referral services. The Housing Specialist will lead our county in assistance and consultation as it relates to housing and related support services. We will also develop the administration and monitoring of our Housing Support Programs locally. We will work locally to assist our vendors, develop compliance monitoring, training and assist with eligibility and payment determinations. By providing adequate coordination of services, we will better support individuals in their community living. The grant will also provide an opportunity for Crow Wing County to increase and improve opportunities for people with disabling conditions and housing instability to find housing and live successfully in the community. By providing outreach to people who are either living in institutional or group settings or are experiencing homelessness, assisting them to find resources to move to housing of their choice and find additional supports if needed, is essential to meeting our goals. Having housing experts on staff and their ability to consult with case managers will further this mission and the states Olmsted Plan.

Additionally, with the COVID pandemic Crow Wing County applied and received grant funding to provide protective sheltering to those experiencing homeless in the county. From March of 2020 through December of 2020, we sheltered 295 individuals who were homeless and/or fleeing domestic violence. Our funding is set to expire at the end of June and we have transitioned staff back to their primary duties. Crow Wing County was aware of the homeless population prior to COVID as you can see from the data, however with our work in this area over the last year we are much more aware of the scope of the actual need.

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Through our Protective Sheltering, we have successfully assisted 40 percent of people finding some kind of housing option and another 10 percent went to treatment. We were able to do this by working with our community partners and looking at a wide variety of options for those we served. We worked closely with Salvation Army, Lutheran Social Services, Housing and Redevelopment Authority, Sharing Bread Soup Kitchen, Minnesota Teen Challenge, and many others to be successful in this work. We have met throughout the pandemic and as our sheltering operations end, those conversations have started to shift to how we keep this work moving forward to meet the housing needs of our community. This grant presents a way for us in Crow Wing County to do that.

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Appendix A - Crow Wing County Housing Data

Number of Housing Units,

July 1 2019 42,644

Owner Occupied Housing

Unit Rate, 2015-2019 76.50%

Median gross rent, 2015-

2019 $806

Rentals in the City of

Brainerd 2580 1050 properties

Brainder HRA 325

Crosby HRA 120

Crow Wing Crow Wing Crow WingCrow

Wing

Crow

Wing

2017 2018 2019 2020 2021

1 Bedroom 593 599 $612 $635 $601

2 Bedroom 788 797 $809 $836 $792

3 Bedroom 1001 1007 $1,034 $1,086 $1,033

4 Bedroom 1105 1102 $1,131 $1,193 $1,147

Census Data puts it at $738/mo. For a 2 bedroom.

Vacancy Rate

Brainerd HRA Crosby HRA

2020

Brainerd

Public

Housing

(263)

Managed

Properties

Total (62)

Crosby Public

Housing (59)

Edgewood

(61)

Jan 0 2 0 0

Feb 1 2 0 0

March 0 1 0 0

April 0 2 0 0

May 1 1

June 0 1

July 0 1

August 0 1

Sept 0 1

Oct 0 0

Nov 0 0

Dec 0 0

Total 2 12 0 0

Vacany Rates - Historically been 1 to 2 percent.

With eviction moratorium providers report it being around .5%

HCV vouchers being used: 328

HCV vouchers issued/searching: 6

Bridges vouchers being used: 8

Bridges vouchers issued/searching: 3

Notified: 3

0

200

400

600

800

1000

1200

1400

1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom

Rental Rates

2017 2018 2019 2020 2021

0

0.5

1

1.5

2

2.5

Jan Feb March April May June July August Sept Oct Nov Dec

Vacancy Rates of HRA Managed Units

Brainerd Public Housing (263) Managed Properties Total (62)

Crosby Public Housing (59) Edgewood (61)

1

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Crow Wing makes up 53% of the total population and 10.5% of population in Crow Wing County is below the federal poverty guideline

Morrison makes up 27% of the total population and 8.9% of population in Morrison is below the federal poverty guideline

Todd makes up 20% of the total population and 11.8% of population in Todd County is below the federal poverty guideline

CWC Census Data

Mediam Household income 2015-2019 $56,549

Per capita income in past 12 months (2015-2019) $32,368

Percent in Poverty 10.5%

CWC Court Findings

Filings:

2015 2016 2017 2018 2019 2020

Eviction 165 190 201 180 153 49

Rent Escrow 0 3 0 2 1 2

Dispositions (includes

Eviction and Rent Excrow

cases):

2015 2016 2017 2018 2019 2020

Dismissed 34 39 58 47 44 19

Evition-NonPayment 67 80 74 48 31 9

Eviction –

Fail Vacate

Eviction –

Other/Breach of Lease

Settled 20 22 46 28 52 10

Judgment 6 4 5 14 15 3

Closed Administratively

Or no fee paid

Writs Issued:

2015 2016 2017 2018 2019 2020

Writs Issued 70 65 48 48 42 12

45 23 15 8 23

1

10 23 29 55 18 10

8 4 0 2 5

3

0

50

100

150

200

250

2015 2016 2017 2018 2019 2020

Eviction Filings Crow Wing County

Eviction

4 per. Mov. Avg.(Eviction)

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Evictions from Court - Based on Larry McDonough projections

2019 CWC Beltrami Itasca

Eviction hearings per Year 139 94 91

Per Month-Average 12 8 8

2021 projected CWC Beltrami Itasca

120 80 80Each month adding 12-20

more

*It should be noted that one Landlord had called Court Admin and there was a report that there may be 260 pending evictions.

Requests for rental assistance per LSS data.

21-Jan 21-Feb 21-Mar

Total Dollar Amount 31,175.00$ 59,189.00$ 13,644.00$ Average Dollar Amount

Needed to get Rent Caught

up. 1,833.00$ 2,276.00$ 1,516.00$

Jan-21 Feb-21 Mar-21

Household Amount Household Amount Household Amount

Household 1 $560 Household 1 $1,105 Household 1 $995

Household 2 $1,295 Household 2 $3,000 Household 2 $775

Household 3 $2,295 Household 3 $3,600 Household 3 $1,800


Household 5 $3,000 Household 5 $1,390 Household 5 $900

Household 6 $470 Household 6 $1,100 Household 6 $750



Household 9 $900 Household 9 $3,000 Household 9 $3,493

Household 10 $1,140 Household 10 $2,000 Total: $13,644

Household 11 $4,200 Household 11 $685 Average: $1,516

Household 12 $600 Household 12 $6,500

Household 13 $238 Household 13 $535

Household 14 $1,717 Household 14 $480

Household 15 $200 Household 15 $970

Household 16 $475 Household 16 $2,200

Household 17 $3,475 Household 17 $3,815

Total: $31,175 Household 18 $1,750

Average: $1,833 Household 19 $864

Household 20 $700

Household 21 $800

Household 22 $1,500

Household 23 $1,625

Household 24 $940

Household 25 $1,200

Household 26 $15,000

Total: $59,189

Average: $2,276

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2020 Year End Totals - April 2020 through December of 2020

In Shelter Discharged Total

Total 35 260 295

Average

Days In

shelter

38 32.9

Average Age 35 34 Average Days

Total over 65 9 49.1

Total over 55 26 38.9

Total 24 to55 140 26.7

Total 24 or

Under20 17

Total

Families10 4 families 65

24

families50.9

1696 Total Shelter Days 8372 Total shelter days

0

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CWC Sheltered Numbers Ongoing - Weekly

Total Sheltered Families Individual Person Count Individuals Entered Discharged

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Outcomes at discharge

Avg. Days

at Shelter

Housing 104 Apartment, House, Family, or GRH. 39.6

Tx./Higher

Care26 CD treatment or hospital 37

Asked to

leave39 Not following through with staff and plan, kicked out by hotel, or jail 41

Unknown 91 Includes those who took bus elsewhere 21

Income as reported upon entry

No Income 133

SSI 55

VA 4

Some Employment 32

Children 36

Race as self reported

American

Indian/Alask

a Native 21

Caucasian 178

Biracial 14

African

American 10

Unknown 37

51%

21%

2%

12%

14%

INCOME UPON INTAKE OF DISCHARGED INDIVIDUALS

No Income SSI VA Some Employment Children

American Indian/Alaska Native

8%

Caucasian69%

Biracial5%

African American4%

Unknown

14%

Demographics

American Indian/Alaska Native Caucasian Biracial African American Unknown

40%

10%15%

35%

OUTCOMES UPON LEAVING SHELTERING

Housing Tx./Higher Care Asked to leave Unknown

5

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DRAFT

County Grant Contract (DRAFT) 1 (Rev. 06/2020)

Minnesota Department of Human Services County Grant Contract

This Grant Contract, and all amendments and supplements to the contract (“CONTRACT”), is between the State of Minnesota, acting through its Department of Human Services, Housing and Support Services Division (“STATE”) and Crow Wing County, an independent grantee, not an employee of the State of Minnesota, located at 326 Laurel Street, Brainerd, MN 56401 (“COUNTY”).

RECITALS STATE, pursuant to Minnesota Statutes, section 256.01, subdivision 2(a)(6), has authority to enter into contracts for the following services: the Community Living Infrastructure Grant Program to provide support for people with disabilities and housing instability who want to live in the community. The legislation identifies the funding is for grants that may be used for: (1) outreach to locate and engage people who are homeless or residing in segregated settings to screen for basic needs and assist with referral to community living resources; (2) building capacity to provide technical assistance and consultation on housing and related support service resources for persons with both disabilities and low income; or (3) streamlining the administration and monitoring activities related to housing support funds.

STATE, in accordance with Minnesota Statutes, section 13.46, is permitted to share information with COUNTY.

COUNTY represents that it is duly qualified and willing to perform the services set forth in this CONTRACT to the satisfaction of STATE.

THEREFORE, the parties agree as follows:

CONTRACT 1. CONTRACT TERM AND SURVIVAL OF TERMS. 1.1. Effective date: This CONTRACT is effective on July 1, 2021, or the date that STATE obtains all required signatures under Minnesota Statutes, section 16B.98, subdivision 5, whichever is later.

1.2. Expiration date. This CONTRACT is valid through June 30, 2023, or until all obligations set forth in this CONTRACT have been satisfactorily fulfilled, whichever occurs first.

1.3. No performance before notification by STATE. COUNTY may not begin work under this CONTRACT, nor will any payments or reimbursements be made, until all required signatures have been

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DRAFT


obtained per Minn. Stat. § 16B.98, subd. 7, and COUNTY is notified to begin work by STATE's Authorized Representative.

1.4. Survival of terms. COUNTY shall have a continuing obligation after the expiration of CONTRACT to comply with the following provisions of CONTRACT: 9. Liability; 10. Information Privacy and Security; 11. Intellectual Property Rights; 13.1. State audit; and 14. Jurisdiction and Venue.

1.5. Time is of the essence. COUNTY will perform its duties within the time limits established in CONTRACT unless it receives written approval from STATE. In performance of CONTRACT, time is of the essence. 2. COUNTY'S DUTIES. 2.1 Duties. COUNTY shall perform duties in accordance with Attachment A, Budget, which is attached and incorporated into this CONTRACT. GRANTEE must:

A. Increase and improve opportunities for Minnesotans with disabling conditions and housing instability to live successfully in the community, per Minnesota Statutes, section 256.01, subdivision 2 (a)(6).

B. Advancing the grant program through the following activities: a. Conducting Outreach

i. Outreach efforts must locate and build relationships with individuals who are homeless, unstably housed, or who want to relocate from hospitals, treatment centers, corrections, or other facilities into their own home in the community.

ii. GRANTEE must identify individuals in need and to assist with referral services to community living resources to meet an individual’s needs and choices.

iii. GRANTEE may use funds for activities: that are outlined in Attachment A, the project budget, which is attached and incorporated into this contract; and are included in this list:

1. Administrative costs directly associated with this activity; 2. Staff Salaries; 3. Work related travel for staff in state; 4. Training costs which can include travel to trainings and necessary

meetings; 5. Transportation directly related to assisting individuals with attaining

housing; and 6. Application fees for rental housing applications.

b. Hiring Housing Resource Specialists; i. GRANTEE must hire regional housing specialists and provide them with

training to support individuals with disabilities, advocates, providers, and

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https://www.revisor.mn.gov/statutes/?id=16b.98

DRAFT


government staff. Specifically, GRANTEE must hire and train housing resource specialists as stated in Attachment A.

ii. Specialists will assist individuals with gathering necessary documentation together to access and connect to resources or benefits.

iii. GRANTEE may use funds for activities: that are outlined in Attachment A; and that are included in this list:

1. Administrative costs directly associated with this activity; 2. Staff Salaries; 3. Work related travel for staff in state; and 4. Training costs on program eligibility criteria for individuals and

providers, housing-specific resources, including HUD, MN Housing, DHS, public housing authorities, and private-market resources available to individuals with disabilities and low-income.

c. Administration and/or Monitoring of the DHS Housing Support Program i. GRANTEE must administer and monitor the Housing Support program as

stated in Attachment A. ii. GRANTEE may use funds for activities: that are outlined in Attachment A;

and that are included in this list: 1. Funding for Housing Support staff in administrative areas including

but not limited to eligibility, contract management, financial, compliance monitoring and social services;

2. Housing Support training costs including travel to trainings and necessary meetings; and

3. Technical costs.

C. Issue an annual report to the Department of Human Services each year, 30 days following the end of the fiscal year, including the following information: a. The number of individuals being served in the program; b. The target population served by the program; c. Progress on the project goals or objectives; d. Results according to the methods outlined in the proposal’s evaluation plan; e. The funds expended for the project compared to the funds budgeted; f. Recommendations and requests for additional services or training needed to

address homelessness and housing needs in their community; g. Other information as requested by the Department.

2.2 Accessibility. Any information systems, tools, content, and work products produced under this CONTRACT, including but not limited to software applications, web sites, video, learning modules, webinars, presentations, etc., whether commercial, off-the-shelf (COTS) or custom, purchased or developed, must comply with the Minnesota IT (MN.IT) Accessibility Standards, as updated on June 14,

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2018. This standard requires, in part, compliance with the Web Content Accessibility Guidelines (WCAG) 2.0 (Level AA) and Section 508 Subparts A-D.

Information technology deliverables and services offered must comply with the MN.IT Services Accessibility Standards and any documents, reports, communications, etc. contained in an electronic format that COUNTY delivers to or disseminates for the STATE must be accessible. (The relevant requirements are contained under the “Standards” tab at the link above.) Information technology deliverables or services that do not meet the required number of standards or the specific standards required may be rejected and STATE may withhold payment pursuant to clause 3.2(a) of CONTRACT. 3. CONSIDERATION AND TERMS OF PAYMENT. 3.1 Consideration. STATE will pay for all services satisfactorily provided by COUNTY under this CONTRACT.

a. Compensation. COUNTY will be paid in accordance with Attachment A, Budget, which is attached and incorporated into this CONTRACT.

1. COUNTY must obtain STATE written approval before changing any part of the budget. Notwithstanding Clause 16.1 of CONTRACT, shifting of funds between budget line items does not require an amendment, but does require written approval by the STATE.

2. If COUNTY’s approved budget changes proceed without an amendment pursuant to this clause, COUNTY must record the budget change in EGMS or on a form provided by STATE.

b. Travel and subsistence expenses. Reimbursement for travel and subsistence expenses actually and necessarily incurred as a result of COUNTY's performance under this CONTRACT shall be no greater an amount than provided in the most current Commissioner’s Plan (which is incorporated by reference), promulgated by the Commissioner of Minnesota Management and Budget as specified in the Commissioner’s Plan.1 COUNTY shall not be reimbursed for travel and subsistence expenses incurred outside the geographical boundaries of Minnesota unless it has received prior written approval from STATE. Minnesota shall be considered the home state for determining whether travel is out of state.

c. Total obligation. The total obligation of STATE for all compensation and reimbursements to COUNTY shall not exceed three hundred and forty-one thousand and seven hundred and fifteen dollars ($341,715.00).

d. Withholding. For compensation payable under this CONTRACT, which is subject to withholding under state or federal law, appropriate amounts will be deducted and withheld by STATE as required.

3.2. Terms of payment a. Invoices. Payments shall be made by STATE promptly after COUNTY submits an invoice for

services performed and the services have been determined acceptable by STATE's authorized

1 https://mn.gov/mmb/employee-relations/labor-relations/labor/commissioners-plan.jsp

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agent pursuant to Clause 4.1. Invoices shall be submitted in a form prescribed by STATE, and according to the following schedule: quarterly reimbursements and progress reports due 30 days after the end of each quarter. If STATE does not prescribe a form, COUNTY may submit invoices in a mutually agreed invoice format.

4. CONDITIONS OF PAYMENT. 4.1. Satisfaction of STATE. All services provided by COUNTY pursuant to this CONTRACT shall be performed to the satisfaction of STATE, as determined at the sole discretion of its authorized representative, and in accord with all applicable federal, state, and local laws, ordinances, rules and regulations. COUNTY shall not receive payment for work found by STATE to be unsatisfactory, or performed in violation of federal, state or local law, ordinance, rule or regulation.

4.2. Payments to subcontractors. (If applicable) As required by Minn. Stat. § 16A.1245, COUNTY must pay all subcontractors, within ten (10) calendar days of COUNTY’s receipt of payment from STATE for undisputed services provided by the subcontractor(s) and must pay interest at the rate of 1-1/2 percent per month or any part of a month to the subcontractor(s) on any undisputed amount not paid on time to the subcontractor(s).

4.3. Administrative costs and reimbursable expenses. Pursuant to Minn. Stat. § 16B.98, subd. 1, COUNTY agrees to minimize administrative costs as a condition of this grant. COUNTY shall ensure that costs claimed for reimbursement shall be actual costs, to be determined in accordance with 2 C.F.R. § 200.0 et seq., COUNTY shall not invoice STATE for services that are reimbursable via a public or private health insurance plan. If COUNTY receives funds from a source other than STATE in exchange for services, then COUNTY may not receive payment from STATE for those same services. COUNTY shall seek reimbursement from all sources before seeking reimbursement pursuant to CONTRACT. 5. PAYMENT RECOUPMENT. COUNTY must reimburse STATE upon demand or STATE may deduct from future payments under this CONTRACT or future CONTRACTS the following:

a. Any amounts received by COUNTY from the STATE for contract services which have been inaccurately reported or are found to be unsubstantiated;

b. Any amounts paid by COUNTY to a subcontractor not authorized in writing by STATE;

c. Any amount paid by STATE for services which either duplicate services covered by other specific grants or contracts, or amounts determined by STATE as non-allowable under the line item budget, clause 2.1(a);

d. Any amounts paid by STATE for which COUNTY’S books, records and other documents are not sufficient to clearly substantiate that those amounts were used by COUNTY to perform contract services, in accordance with clause 1, COUNTY’s Duties; and/or

e. Any amount identified as a financial audit exception.

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6. CANCELLATION. 6.1. For cause or convenience. In accord with Minn. Stat. § 16B.04, subd. 2, the Commissioner of Administration has independent authority to cancel this CONTRACT. CONTRACT may be canceled by STATE or COUNTY at any time, with or without cause, upon thirty (30) days written notice to the other party. The thirty (30) day notice may be waived, in writing, by the party receiving notice. In the event of such a cancellation, COUNTY shall be entitled to payment, determined on a pro rata basis, for work or services satisfactorily performed. STATE has the right to suspend or terminate this CONTRACT immediately when STATE deems the health or welfare of the service recipients is endangered, when STATE has reasonable cause to believe that COUNTY has breached a material term of the CONTRACT, or when COUNTY's non-compliance with the terms of the CONTRACT may jeopardize federal financial participation.

6.2. Insufficient funds. STATE may immediately terminate this CONTRACT if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination will be by written notice to COUNTY. STATE is not obligated to pay for any services that are provided after the effective date of termination. COUNTY will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. STATE will not be assessed any penalty if the CONTRACT is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. STATE must provide COUNTY notice of the lack of funding within a reasonable time of STATE’s receiving that notice.

6.3. Breach. Notwithstanding clause 6.1, upon STATE’s knowledge of a curable material breach of the CONTRACT by COUNTY, STATE shall provide COUNTY written notice of the breach and ten (10) days to cure the breach. If COUNTY does not cure the breach within the time allowed, COUNTY will be in default of this CONTRACT and STATE may cancel the CONTRACT immediately thereafter. If COUNTY has breached a material term of this CONTRACT and cure is not possible, STATE may immediately terminate this CONTRACT. 7. AUTHORIZED REPRESENTATIVES, RESPONSIBLE AUTHORITY, and PROJECT MANAGER. 7.1. State. STATE's authorized representative for the purposes of administration of this CONTRACT is Traci Vibo, Contract Manager or her successor. Phone and email: 651-431-6068 and [email protected]. This representative shall have final authority for acceptance of COUNTY's services and if such services are accepted as satisfactory, shall so certify on each invoice submitted pursuant to Clause 3.2.

7.2. County. COUNTY’s Authorized Representative is Kara Terry, Director of Community Services or successor. Phone and email: 218-824-1205 and [email protected] . If COUNTY’s Authorized Representative changes at any time during this CONTRACT, COUNTY must immediately notify STATE.

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7.3. Information Privacy and Security. (If applicable) COUNTY’s responsible authority for the purposes of complying with data privacy and security for this CONTRACT is Kara Terry, Director of Community Services or successor. Phone and email: 218-824-1205 and [email protected].

7.4 Project Manager. The STATE'S project manager for this grant contract is Mary Pederson Hogan, Humans Services Program Consultant, phone and email: 651-431-3021 and [email protected] or her successor. 8. INSURANCE REQUIREMENTS. 8.1. Worker’s Compensation. The COUNTY certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers’ compensation insurance coverage. The COUNTY’S employees and agents will not be considered employees of the STATE. Any claims that may arise under the Minnesota Workers’ Compensation Act on behalf of these employees or agents and any claims made by any third party as a consequence of any act or omission on the part of these employees or agents are in no way the STATE’S obligation or responsibility.

9. LIABILITY. To the extent provided for in Minn. Stat. §§ 466.01-466.15, the COUNTY agrees to be responsible for any and all claims or causes of action arising from the performance of this grant contract by COUNTY or COUNTY’S agents or employees. This clause shall not be construed to bar any legal remedies COUNTY may have for the STATE’S failure to fulfill its obligations pursuant to this grant. 10. INFORMATION PRIVACY AND SECURITY.

a. It is expressly agreed that STATE will not be disclosing or providing information protected under the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (the “Data Practices Act”) as “not public data” on individuals to COUNTY under this Contract. “Not public data” means any data that is classified as confidential, private, nonpublic, or protected nonpublic by statute, federal law or temporary classification. Minn. Stat. § 13.02, subd. 8a.

b. It is expressly agreed that COUNTY will not create, receive, maintain, or transmit "protected health information", as defined in the Health Insurance Portability Accountability Act (“HIPAA”), 45 C.F.R. § 160.103, on behalf of STATE for a function or activity regulated by 45 C.F.R. 160 or 164. Accordingly, COUNTY is not a "business associate" of STATE, as defined in HIPAA, 45 C.F.R. § 160.103 as a result of, or in connection with, this CONTRACT. Therefore, COUNTY is not required to comply with the privacy provisions of HIPAA as a result of, or for purposes of, performing under this CONTRACT. If COUNTY has responsibilities to comply with the Data Practices Act or HIPAA for reasons other than this CONTRACT, COUNTY will be responsible for its own compliance.

11. INTELLECTUAL PROPERTY RIGHTS. 11.1. Definitions. Works means all inventions, improvements, discoveries (whether or not patentable or copyrightable), databases, computer programs, reports, notes, studies, photographs,

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https://www.law.cornell.edu/cfr/text/45/160.103

https://www.law.cornell.edu/cfr/text/45/160.103

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negatives, designs, drawings, specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by COUNTY, its employees, agents, and subcontractors, either individually or jointly with others in the performance of the CONTRACT. Works includes “Documents.” Documents are the originals of any data bases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether in tangible or electronic forms, prepared by COUNTY, its employees, agents, or subcontractors, in the performance of this CONTRACT.

11.2. Ownership. STATE owns all rights, title, and interest in all of the intellectual property, including copyrights, patents, trade secrets, trademarks, and service marks in the Works and Documents created and paid for under this CONTRACT. The Works and Documents will be the exclusive property of STATE and all such Works and Documents must be immediately returned to STATE by COUNTY upon completion or cancellation of this CONTRACT. To the extent possible, those Works eligible for copyright protection under the United States Copyright Act will be deemed to be “works made for hire.” If using STATE data, COUNTY must cite the data, or make clear by referencing that STATE is the source.

11.3. Responsibilities. a. Notification. Whenever any Works or Documents (whether or not patentable) are made or

conceived for the first time or actually or constructively reduced to practice by COUNTY, including its employees and subcontractors, and are created and paid for under this CONTRACT, COUNTY will immediately give STATE’s Authorized Representative written notice thereof, and must promptly furnish the Authorized Representative with complete information and/or disclosure thereon. COUNTY will assign all right, title, and interest it may have in the Works and the Documents to STATE.

b. Filing and recording of ownership interests. COUNTY must, at the request of STATE, execute all papers and perform all other acts necessary to transfer or record STATE’s ownership interest in the Works and Documents created and paid for under this CONTRACT. COUNTY must perform all acts, and take all steps necessary to ensure that all intellectual property rights in these Works and Documents are the sole property of STATE, and that neither COUNTY nor its employees, agents, or subcontractors retain any interest in and to these Works and Documents.

c. Duty not to infringe on intellectual property rights of others. COUNTY represents and warrants that the Works and Documents created and paid for under this CONTRACT do not and will not infringe upon any intellectual property rights of other persons or entities. Notwithstanding Clause 9, COUNTY will indemnify; defend, to the extent permitted by the Attorney General; and hold harmless STATE, at COUNTY’s expense, from any action or claim brought against STATE to the extent that it is based on a claim that all or part of these Works or Documents infringe upon the intellectual property rights of others. COUNTY will be responsible for payment of any and all such claims, demands, obligations, liabilities, costs, and damages, including but not limited to, attorney’s fees. If such a claim or action arises, or in COUNTY’s or STATE’s opinion is likely to arise, COUNTY must, at STATE’s discretion, either procure for STATE the right or license to use the intellectual property rights at issue or replace or modify the allegedly infringing Works or Documents as necessary and appropriate to obviate the

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infringement claim. This remedy of STATE will be in addition to and not exclusive of other remedies provided by law.

d. Federal license granted. If federal funds are used in the payment of this CONTRACT, pursuant to 45 C.F.R. § 75.322, the U.S. Department of Health and Human Services is granted a royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for Federal purposes, and to authorize others to do so.

12. OWNERSHIP OF EQUIPMENT. The STATE shall have the right to require transfer of all equipment purchased with grant funds (including title) to STATE or to an eligible non-STATE party named by the STATE. If federal funds are granted by the STATE, then disposition of all equipment purchased under this grant contract shall be in accordance with OMB Uniform Grant Guidance, 2 C.F.R. § 200.313. For all equipment having a current per unit fair market value of $5,000 or more, STATE shall have the right to require transfer of the equipment (including title) to the Federal Government. These rights will normally be exercised by STATE only if the project or program for which the equipment was acquired is transferred from one grantee to another. 13. AUDIT REQUIREMENTS AND COUNTY DEBARMENT INFORMATION. 13.1. State audit. Under Minn. Stat. § 16B.98, subd. 8, the books, records, documents, and accounting procedures and practices of the COUNTY or other party that are relevant to the CONTRACT are subject to examination by STATE and either the legislative auditor or the state auditor, as appropriate, for a minimum of six years from the CONTRACT end date, receipt and approval of all final reports, or the required period of time to satisfy all state and program retention requirements, whichever is later.

13.2. Independent audit. If COUNTY conducts or undergoes an independent audit during the term of this CONTRACT that is relevant to this CONTRACT, a copy of the relevant audit must be submitted to STATE within thirty (30) days of the audit’s completion.

13.3. Federal audit requirements and COUNTY debarment information. COUNTY certifies it will comply with 2 C.F.R § 200.501 et seq., as applicable. To the extent federal funds are used for this CONTRACT, COUNTY acknowledges that COUNTY and STATE shall comply with the requirements of 2 C.F.R. § 200.331. Non-Federal entities receiving $750,000 or more of federal funding in a fiscal year must obtain a single or program-specific audit conducted for that year in accordance with 2 C.F.R. § 200.501. Failure to comply with these requirements could result in forfeiture of federal funds.

13.4. Debarment by STATE, its departments, commissions, agencies or political subdivisions. COUNTY certifies that neither it nor its principles are presently debarred or suspended by the State of Minnesota, or any of its departments, commissions, agencies, or political subdivisions. COUNTY’s certification is a material representation upon which the CONTRACT award was based. COUNTY shall provide immediate written notice to STATE’s authorized representative if at any time it learns that this

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certification was erroneous when submitted or becomes erroneous by reason of changed circumstances.

13.5. Certification regarding debarment, suspension, ineligibility, and voluntary exclusion – lower tier covered transactions. COUNTY’s certification is a material representation upon which CONTRACT award was based. Federal money will be used or may potentially be used to pay for all or part of the work under CONTRACT, therefore COUNTY must certify the following, as required by 2 C.F.R. § 180, or its regulatory equivalent.

a. Instructions for Certification 1. By signing and submitting this CONTRACT, the prospective lower tier participant is providing

the certification set out below.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this CONTRACT is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances.

4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverages sections of rules implementing Executive Order 12549. You may contact the person to which this CONTRACT is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this response that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 C.F.R. part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this CONTRACT that it will include this clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 C.F.R. part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may

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decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Nonprocurement Programs

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 C.F.R. part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

b. Lower Tier Covered Transactions. 1. The prospective lower tier participant certifies, by submission of this CONTRACT, that neither

it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this CONTRACT.

14. JURISDICTION AND VENUE. This CONTRACT, and amendments and supplements, are governed by the laws of the State of Minnesota. Venue for all legal proceedings arising out of this CONTRACT, or breach of the CONTRACT, shall be in the state or federal court with competent jurisdiction in Ramsey County, Minnesota. 15. CLERICAL ERRORS AND NON-WAIVER. 15.1. Clerical error. Notwithstanding Clause 16.1, STATE reserves the right to unilaterally fix clerical errors contained in the CONTRACT without executing an amendment. COUNTY will be informed of errors that have been fixed pursuant to this paragraph.

15.2. Non-waiver. If STATE fails to enforce any provision of this CONTRACT, that failure does not waive the provision or STATE’s right to enforce it. 16. AMENDMENT, ASSIGNMENT, SEVERABILITY, ENTIRE AGREEMENT, AND DRAFTING PARTY. 16.1. Amendments. Any amendments to this CONTRACT shall be in writing, and shall be executed by the same parties who executed the original CONTRACT, or their successors in office.

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16.2. Assignment. COUNTY shall neither assign nor transfer any rights or obligations under this CONTRACT without the prior written consent of STATE.

16.3. Entire Agreement. a. If any provision of this CONTRACT is held to be invalid or unenforceable in any respect, the

validity and enforceability of the remaining terms and provisions of this CONTRACT shall not in any way be affected or impaired. The parties will attempt in good faith to agree upon a valid and enforceable provision that is a reasonable substitute, and will incorporate the substitute provision in this CONTRACT according to clause 16.1.

b. This CONTRACT contains all negotiations and agreements between STATE and COUNTY. No other understanding regarding this CONTRACT, whether written or oral may be used to bind either party.

16.4. Drafting party. The parties agree that each party individually has had an opportunity to review with a legal representative, negotiate and draft this CONTRACT, and that, in the event of a dispute, the CONTRACT shall not be construed against either party. 17. PROCURING GOODS AND CONTRACTED SERVICES. 17.1. Contracting and bidding requirements. COUNTY certifies that it shall comply with Minn. Stat. § 471.345.

17.2. Prevailing wage. For projects that include construction work of $25,000 or more, prevailing wage rules apply per Minn. Stat. §§ 177.41 through 177.44; consequently, the bid request must state the project is subject to prevailing wage. These rules require that the wages of laborers and workers should be comparable to wages paid for similar work in the community as a whole. Vendors should submit a prevailing wage form along with their bids.

17.3 Debarred vendors. In the provision of goods or services under this CONTRACT, COUNTY must not contract with vendors who are suspended or debarred in Minnesota or under federal law. Before entering into a subcontract, COUNTY must check if vendors are suspended or debarred by referencing the Minnesota Department of Administration’s Suspended/Debarred Vendor Report. A link to vendors debarred by Federal agencies is provided at the bottom of the web page. 18. SUBCONTRACTS. COUNTY, as an awardee organization, is legally and financially responsible for all aspects of this award that are subcontracted, including funds provided to sub-recipients and subcontractors, in accordance with 45 C.F.R. §§ 75.351-75.352. COUNTY shall ensure that the material obligations, borne by the COUNTY in this CONTRACT, apply as between COUNTY and subrecipients, in all subcontracts, to the same extent that the material obligations apply as between the STATE and COUNTY.

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19. LEGAL COMPLIANCE. 19.1 General compliance. All performance under this CONTRACT must be in compliance with state and federal law and regulations, and local ordinances. Allegations that STATE deems reasonable, in its sole discretion, of violations of state or federal law or regulations, or of local ordinances, may result in CONTRACT cancellation or termination and/or reporting to local authorities by STATE.

19.2 Nondiscrimination. COUNTY will not discriminate against any person on the basis of the person’s race, color, creed, religion, national origin, sex, marital status, gender identity, disability, public assistance status, sexual orientation, age, familial status, membership or activity in a local commission, or status as a member of the uniformed services. COUNTY must refrain from such discrimination as a matter of its contract with STATE. “Person” includes, without limitation, a STATE employee, COUNTY’s employee, a program participant, and a member of the public. “Discriminate” means, without limitation, to: fail or refuse to hire, discharge, or otherwise discriminate against any person with respect to the compensation, terms, conditions, or privileges of employment, or; exclude from participation in, deny the benefits of, or subject to discrimination under any COUNTY program or activity.

COUNTY will ensure that all of its employees and agents comply with Minnesota Management and Budget Policy #1329 (Sexual Harassment Prohibited) and #1436 (Harassment and Discrimination Prohibited).

19.3 Grants management policies. COUNTY must comply with required Grants Management Policies and procedures as specified in Minn. Stat. § 16B.97, subd. 4(a)(1). Compliance under this paragraph includes, but is not limited to, participating in monitoring and financial reconciliation as required by Office of Grants Management (OGM) Policy 08-10.

19.4 Conflict of interest. COUNTY certifies that it does not have any conflicts of interest related to this CONTRACT, as defined by OGM Policy 08-01. COUNTY shall immediately notify STATE if a conflict of interest arises. 20. OTHER PROVISIONS 20.1. No Religious Based Counseling. COUNTY agrees that no religious based counseling shall take place under the auspices of this CONTRACT.

20.2. Contingency Planning. This section applies if COUNTY will be fulfilling Priority 1 or Priority 2 functions under this contract. A Priority 1 function is a function that, for purposes of planning business continuity during an emergency or disaster, must continue 24 hours per day and 7 days per week, or be recovered within hours. A Priority 2 function is a function that, for purposes of planning business continuity during an emergency or disaster, must be resumed within 25 hours to 5 days. Within 90 days of the execution of this CONTRACT, COUNTY and any subcontractor will have a contingency plan. The contingency plan shall:

a. Ensure fulfillment of Priority 1 or Priority 2 obligations under this CONTRACT;

b. Outline procedures for the activation of the contingency plan upon the occurrence of a governor or commissioner of the Minnesota Department of Health declared health emergency;

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https://mn.gov/mmb-stat/policies/1329-sexualharassment-prohibited.pdf

https://mn.gov/mmb-stat/policies/1436-harassmentdiscriminationprohibited.pdf

https://mn.gov/admin/government/grants/policies-statutes-forms/

https://mn.gov/admin/government/grants/policies-statutes-forms/

https://mn.gov/admin/assets/08%2010%20grants%20policy%20revision%20Dec%202016%20final_tcm36-265657.pdf

https://mn.gov/admin/assets/grants_policy_08-01_tcm36-207108.pdf

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c. Identify an individual as its Emergency Preparedness Response Coordinator (EPRC), the EPRC shall serve as the contact for STATE with regard to emergency preparedness and response issues, the EPRC shall provide updates to STATE as the health emergency unfolds;

d. Outline roles, command structure, decision making processes, and emergency action procedures that will be implemented upon the occurrence of a health emergency;

e. Provide alternative operating plans for Priority 1 or Priority 2 functions;

f. Include a procedure for returning to normal operations; and

g. Be available for inspection upon request.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

Signature Page Follows

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By signing below, the parties agree to the terms and conditions contained in this CONTRACT.

APPROVED:

1. STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minnesota Statutes, chapter 16A and section 16C.05.

By:____________________________________

Date:__________________________________

Contract No:____________________________

2. COUNTY

Signatory certifies that County’s articles of incorporation, by-laws, or corporate resolutions authorize Signatory both to sign on behalf of and bind the County to the terms of this Agreement. County and Signatory agree that the State Agency relies on the Signatory’s certification herein. By:____________________________________

Title:__________________________________

Date:_________________________________

3. STATE AGENCY

By (with delegated authority):______________________________

Title:_Human Services Manager 4

Date:__________________________________

Distribution: (fully executed contract to each)

Contracting and Legal Compliance Division

County

State Authorized Representative

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ATTACHMENT

A

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DRAFT

Crow Wing County

Fiscal Year 2022 – 2023 Budget

Category of Funding Budget What This Funds

Housing Resource Specialist $191,525 • $177,000: 1 FTE Housing Resource Specialist

• $11,335: 0.5 FTE Supervisor

• $3,190: Office Equipment

Administration and Monitoring of Housing Support

$150,190 • $147,000: 1 FTE Administration of Housing Support

• $3,190: Office Equipment

TOTAL $341,715

Crow Wing County’s award is $341,715 for the Community Living Infrastructure Program for fiscal years 2022 – 2023. This funding will cover initiatives in the: 1) Housing Resource Specialist and 2) Administration and Monitoring of the Housing Support Program categories.

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Meeting Date


Land Services ___________________________ ORIGINATING DEPARTMENT

Gary Griffin __________________________ PRESENTER

______________________________________________________________________

AGENDA ITEM: Land Use Map Amendment - Tamara Peterson

PREVIOUS ACTION: 05-20-2021 Planning Commission / Board of Adjustment Meeting COMMENTS: Tamara Peterson, property owner, was present via conference call. Frie read the requests and property information into the record citing Land Use Ordinance and staff comments. Frie then pointed out the locations of the request on the Land Use Maps and aerial maps. Property is zoned RR 20, surrounded by RR 20, Shoreland District, and Tax Forfeited properties. Red Oak Drive is the public road on the West side of the property. Proposal is due to the property owner desiring to sub-divide, or “split-off” a 5-acre piece of this property - essentially the top/North 1/3 of the property. Approximate boundary line on the Site plan was also shown. No comments received at all for this application. Hales called for public testimony three times - in-person or online. None was presented. Maske read the onsite report into the record. No discussion or questions were presented. The Board then went through the Findings of Fact questions for a Land Use Map Amendment request. Property owner noted that a recommendation for approval was received from Garrison Township. May 20, 2021 Actions: Decision: Motion by Yliniemi; supported by Skogen, to make a recommendation to the County Board of Commissioners to approve the following amendment to the Official Land Use Map:

Parcel 67210529 from Rural Residential 20 (RR 20) to Rural Residential 5 (RR 5) involving approximately 16.83 total Acres.

Per findings of fact discussed 05-20-2021, and on-site conducted 05-06-2021. Located at 8278 Red Oak Drive, Garrison, MN 56450; Located on part of the West ½ of the SE ¼ of Section 21, lying Easterly…; Section 21, Township 44, Range 28; Garrison Township, Crow Wing County, Minnesota Roll call Vote - Best, Maske, Yliniemi, Skogen and Hales - All voting “Aye”; Motion to recommend approval carried. County Board Meeting date: June 8, 2021 RECOMMENDED BOARD ACTION: To approve the petition of Tamara Peterson for a Land Use Map Amendment request, based on the Findings of Fact on file in the Land Services Department. Legal: Located on part of the West ½ of the SE ¼ of Section 21, lying Easterly…; Section 21, Township 44, Range 28; Garrison Township, Crow Wing County, Minnesota Parcel Number: 67210529 To Amend the Official Land Use Map from Rural Residential 20 (RR 20) to Rural Residential 5 (RR 5) involving approximately 16.83 total acres.

Approximate length of presentation: 5 minutes

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KML 06/02/2021

Crow Wing County – Planning Commission Summary of Record

May 20, 2021

Property Owner: Tamara Peterson Parcel Number(s): 67210529 Physical Address: 8278 Red Oak Drive, Garrison, MN 56450 Location: Located on part of the West ½ of the SE ¼ of Section 21, lying Easterly…; Section 21, Township 44, Range 28; Garrison Township, Crow Wing County, Minnesota REQUEST: Land Use Map Amendment: This is a request to Amend the Official Land Use Map for:

• Parcel 67210529 from Rural Residential 20 (RR 20) to Rural Residential 5 (RR 5) involving

approximately 16.83 total Acres.

Current Zoning: RR 20 Adjacent Land Use/Zoning: North: RR 20 South: RR 20 East: RR 20 West: RR 20 with Shoreland District

Chronology of events: • March 8, and April 12, 2021 – Development Review Team Meeting • April 20, 2021 – Application submitted • April 28, 2021 – On-site notices published in local newspaper • May 5, 2021 – Published in local newspaper • May 6, 2021 – On-site visit • May 7, 2021 - Notices mailed; Agency email Notices sent • February 18, 2021 – Planning Commission Meeting – Decisions made to make a recommendation to the

County Board of Commissioners to approve the proposed Land Use Map Amendment

Packet Information: • Public Hearing Notice • Staff Report • Land Use Maps • Aerial wide, Aerial, Aerial TOPO, FEMA, and Aerial Pictometry Photos • On-site Photos • Land Use Map Amendment Application • Findings of Fact Questions

Correspondence:

• Comment from Garrison Township received 4/20/2021

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May 20, 2021 FINDINGS OF FACT

SUPPORTING/DENYING A LAND USE MAP AMENDMENT REQUEST Findings shall be made in either recommending approval or denial of a rezoning application, and should reference specific sections of ordinances that apply to the project. The following questions are to be considered, but are not limited to: 1. Is the reclassification in accordance with the County’s Comprehensive Plan?

Yes X No 5-0 Vote, all Agreed • The Comprehensive plan encourages residential development that provides housing options for

different socioeconomic groups – particularly the aging population (p.42).

2. Is the reclassification warranted due to changed land use circumstances or a need for additional property in the

proposed land use district? Yes X No 5-0 Vote, all Agreed • The reclassification is warranted due to a change in land use circumstances; property owner would like

to sub-divide this property. The present classification is Rural Residential 20; proposed is Rural Residential 5 in order to allow the future sub-division and the development of an additional 5-acre parcel for residential property.

3. Is the subject property suitable for development in general conformance with land use standards under the proposed

land use district classification? Yes X No 5-0 Vote, all Agreed

• There is similar smaller-sized parcels/tracts within the surrounding area. • There is adequate ingress / egress to the property via Red Oak Road. • There is adequate areas for primary and alternative septic locations to meet required setbacks.

4. Will the reclassification be detrimental to uses or property in the immediate vicinity of the subject property?

Yes No X 5-0 Vote, all Agreed

• The reclassification will not be detrimental to uses or property in the immediate vicinity of the subject property - as noted during the Planning Commission on-site visit on 5-6-2021, the surrounding use in the area is primarily residential.

• There is similar zoning and similar land uses as well as smaller sized tracts in the neighborhood and surrounding properties.

5. Does the reclassification promote the health, safety, and general welfare of the public? Yes X No 5-0 Vote, all Agreed

• There is adequate ingress / egress to the property via Red Oak Road. • There is adequate areas for primary and alternative sewage disposal locations, as well as for water/Wells.

6. What is the Township recommendation? Garrison Township recommends approval 7. Any other pertinent findings: none presented

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Decision: Motion by Yliniemi; supported by Skogen, to make a recommendation to the County Board of Commissioners to approve the following amendment to the Official Land Use Map:

• Parcel 67210529 from Rural Residential 20 (RR 20) to Rural Residential 5 (RR 5) involving approximately 16.83 total Acres.

Per findings of fact discussed 05-20-2021, and on-site conducted 05-06-2021. Located at 8278 Red Oak Drive, Garrison, MN 56450; Located on part of the West ½ of the SE ¼ of Section 21, lying Easterly…; Section 21, Township 44, Range 28; Garrison Township, Crow Wing County, Minnesota Roll call Vote – Best, Maske, Yliniemi, Skogen and Hales - All voting “Aye”; Motion to recommend approval carried. County Board Meeting date: June 8, 2021 Findings: As listed above Date: 6-17-2021 Signature: ________________________________ Chairman

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KML 05/11/2021

STAFF REPORT

Property Owner: Tamara Lynn Peterson Parcel Number: 67210529

Physical Address: 8278 Red Oak Drive, Garrison, MN 56450 Location: Located on part of the West ½ of the SE ¼ of Section 21, lying Easterly…; Section 21, Township 44, Range 28; Garrison Township, Crow Wing County, Minnesota Application Submitted: 04/20/2021

60-day Extension email sent: 05/11/2021 Action Deadline: 08/20/2021

60 Day Extension Signed: N/A

County Board Date: 06/08/2021 REQUEST: Land Use Map Amendment: This is a request to Amend the Official Land Use Map for:

• Parcel 67210529 from Rural Residential 20 (RR 20) to Rural Residential 5 (RR 5) involving

approximately 16.83 total Acres.

Current Zoning: RR 20 Adjacent Land Use/Zoning: North: RR 20 South: RR 20 East: RR 20 West: RR 20 with Shoreland District

05-06-2021 On-Site Comments – Best; Skogen; Maske; Frie; Lindbery; Roach: • There are similar smaller-sized tracts in the vicinity of the request. • There is shoreland district zoning nearby, and smaller tracts in the neighborhood. • There is adequate ingress/egress to this property from Red Oak Drive. • There is adequate area for structures and septic locations on the proposed parcel(s). • Property owner noted that they had been to a Township meeting, and that they are supportive of

this request. Owner noted that they have a recommendation from the Township and will get a copy of it to staff at the County.

04-12-2021 Development Review Team Notes:

• Land Use Map Amendment - would like to change zoning from RR-20 to RR-5 • Jake: There are some smaller lots to the south • 2 Step Process – BOA & County Board approval • Each new lot would need 2 site suitabilities – If you kept one parcel to over 10 acres site

suitability required on 5 acre parcel

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KML 05/11/2021

• If this is approved would require a survey of the new property • Cannot have 2 dwelling units on the property at the same time

o Cannot move the Iseman home until the split is recorded in our office o Gina discussed next steps: LUMA Application and $546 Fee

03-08-2021 Development Review Team Notes: Platted road in rural residential 20 Variance to split the lot into 2 non-conforming parcels. This will be required no matter how the

split is done. Discussion on where they would like to have the split occur. Frie discussed options. Minimum width is 400 feet Setbacks need to be met Site suitability for 2 locations will need to be included for new lot Survey will be required Frie mentioned could change the zoning from RR-20 to RR-5 – this would require both boards Variance will require a survey, LUMA would not Dan discussed LUMA versus Variance

o Survey is going to be required for the administrative subdivision either way o Less of the change from the current sizing the better. Could always do a diagonal split as

well to keep as close to half. o Recommend a pretty even split to give a better chance of approval

Gina discussed variance process and contents of follow up email

Property History: Parcel #67210529 16.83 Acres Zoning: Rural Residential 20 (RR 20) • This parcel is not platted. • 10/1/1998 Zoning Change from Green Space to Agricultural • 4/27/1999 Place a MFGD Home with 2 attached 4x8 entryways on south and east sides of

dwelling, 24 x 24 garage and conforming septic. • 6/10/1999 Sewer Certificate • 10/24/2016 Boundary Line Adjustment • 5/2/2018 Failing Compliance Inspection • 5/7/2018 Construct 36 x 80 foot agricultural building • 3/8/2021 DRT to discuss administrative subdivision with 16 acres where 20 is required • 4/12/2021 Additional DRT to further discuss potential VAR/LUMA • 4/20/2021 Additional meeting to discuss potential VAR/LUMA

County Land Use Ordinance: Rural Residential District (RR-2.5, RR-5, RR-10, RR-20) Residential land use districts having 2.5, 5, 10, or 20 acre minimum lot sizes respectively and established to promote low-density rural development in those portions of the County outside the shoreland zone and beyond areas of anticipated municipal growth where less development is desired and most suitable. Comprehensive Plan: The Comprehensive Plan encourages residential development that provides housing options for different socio-economic groups – particularly the aging population – while protecting the characteristics that people value, a sense of community, as well as a plan to provide all citizens reasonable access to a diversity of recreational and open space opportunities. (Page 42)

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KML 05/11/2021

Agencies Notified and Responses Received: Garrison Township: comment received 04/20/2021 County Highway Dept: N/A DNR: N/A Lake Association: N/A Citizen Correspondence: no comments received as of 5/13/2021 ACTION REQUIRED: POSSIBLE MOTION: to make a recommendation to the County Board of Commissioners to approve/table/deny the following amendments to the Official Land Use Map: • Parcel 67210529 from Rural Residential 20 (RR 20) to Rural Residential 5 (RR 5) involving

approximately 16.83 total Acres. Per findings of fact discussed 05-20-2021, and on-site conducted 05-06-2021. Located at 8278 Red Oak Drive, Garrison, MN 56450; Located on part of the West ½ of the SE ¼ of Section 21, lying Easterly…; Section 21, Township 44, Range 28; Garrison Township, Crow Wing County, Minnesota

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Meeting Date


Human Resources ___________________________ ORIGINATING DEPARTMENT

Meliene Fontaine-Laska __________________________ PRESENTER

______________________________________________________________________

AGENDA ITEM: Labor Negotiation Strategy pursuant to MS 13D.03, Subd 1 (b)

PREVIOUS ACTION: COMMENTS: RECOMMENDED BOARD ACTION: To recess the regular session and convene to a closed session for the purpose of labor negotiation strategy pursuant to MS 13D.03, Subd 1 (b).


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SUMMARY OF COUNTY BOARD CORRESPONDENCE FOR MEETING OF

June 08, 2021 NO Correspondence

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Agenda - Tuesday, June 8, 2021

Documents

Transcript of Agenda - Tuesday, June 8, 2021