WASECA COUNTY BOARD OF COMMISSIONERS April 16, 2013

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1 WASECA COUNTY BOARD OF COMMISSIONERS April 16, 2013 The Waseca County Board of Commissioners met in regular session on Tuesday, April 16, 2013, in the Commissioner s Room, 300 N. State Street, Waseca, Minnesota. Members present were Mike Hintz, Blair Nelson, Dan Kuhns, Richard Androli and Jim Peterson. Others present were Laura Elvebak, Administrator; Joyce Oliver, Auditor- Treasurer; Marilee Reck, Human Services Director; Paul Dressler, County Attorney; Ditch Viewers Wes Tennis and Chris Christenson; Engineer Nathan Richman; City Engineer Mark DuChene; Ditch Inspector Russ Guse; 4-H Coordinator Amy Nelson; Erin Larson; Tammy Wnykoop, Chief Deputy Auditor-Treasurer; Planning & Zoning Administrator Mark Leiferman; Human Services Staff Linda Johnson and Ann Ruedy; IT Administrator Judy Hiller; Derek Sexton; Robert Byron; Jeanette Byron; Interim Solid Waste Administrator Georgette Hanson; Public Health Administrator Cheri Lewer; Assistant County Attorney Todd Gillette; Sheriff Brad Milbrath; Terry Roemhildt; Bill Harguth; Don Byron; Ruth Schoenfeld; Bob Lenertz; Bill Roemhildt; Conrad Fistness; Ken Roemhildt; Bob Haley; Bill Haley; David Isebrand; Carl Guse; Matawan Grain Owner Brad Stenzel. Chair Kuhns called the meeting to order at 9:30 a.m. Roll call was taken and the Pledge of Allegiance was recited. There was no public comment. Peterson moved and Hintz seconded to approve the agenda with the following additions Brad Stenzel, Director of Matawan Grain to discuss concerns about CR 11 and discussion of the name of Old Highway 14. Motion carried unanimously. Joyce Oliver introduced Ditch Viewers Chris Christianson and Wes Tennis. Chair Kuhns opened the public hearing for CD 15-2 at 9:32 a.m. Wes Tennis presented the Amended Viewer s Report. He explained that it was amended because of an error in the original report due to over charging the City of Waseca with too many acres. Chair Kuhns asked for public comment. Hearing none, the public hearing was closed at 9:34 a.m. Androli moved and Peterson seconded the motion to accept the Viewer s Report as amended and ordered it to be used in place of the original benefits and damages and all subsequent proceedings related to Waseca County Ditch #15-2. Motion carried unanimously. Chair Kuhns opened the public hearing for CD 38 at 9:35 a.m. Wes Tennis presented the Viewer s Report. There was one inclusion of property to the original report but it was not large enough to warrant an amendment to the original report. Chair Kuhns asked for public comment. Hearing none, the public hearing was closed at 9:37 a.m. Hintz moved and Androli seconded the motion to accept the Viewer s Report as presented and ordered it to be used in place of the original benefits and damages and all 60

2 subsequent proceedings related to Waseca County Ditch #38. Auditor-Treasurer Oliver informed the board that there are two landowners that have been diligently trying to get their land into a federal program and because the government has not decided what funds go into these programs at this time, they have not gotten the necessary approval on their applications. They will have until the damages are paid out at the end of the year to get their application approved. With that exception, the motion carried unanimously as presented. There was no correspondence or discussion of bills. Under department head time, County Attorney Dressler introduced new office staff Assistant Attorney Todd Gillette. The board welcomed him to Waseca County. Nelson moved and Hintz seconded the motion to approve the consent agenda as presented. Motion passed unanimously. a. Approval of the Auditor, Commissioner and Human Services expense bills. b. Approval of conditional offer of employment to Collette Berg for the County Attorney Office Assistant (part-time). c. Approval of partial release of Exclusive Agriculture Covenant, Otisco Twp., Section 11, NW1/4. d. Approval of contract with Amanda Fischer for providing supervised visitation services effective March 26, 2013 through May 2, e. Approval of South Central Health Alliance agreement for calendar year f. Acceptance of Veterans Services/Emergency Management monthly report. g. Acceptance of Human Services monthly report. Hintz moved, Nelson seconded the motion and by unanimous vote approved the April 2, 2013, County Board minutes. 4-H Coordinator Amy Nelson gave an update on the program. Amy introduced Erin Larson, an active member. Erin told the board how 4-H has positively impacted her life as well as her family. Planning & Zoning Administrator, Mark Leiferman presented the resolution to approve the plat of Sexton Subdivision. Derek Sexton spoke of his concerns as to the blacktopping requirements for a plat. Discussion ensued. Androli moved and Nelson seconded the motion to approve the plat for the Sexton Subdivision, Janesville Township, Section 10, 14 and 15. The Highway Department s paving requirement may be delayed until such a time that a second residence is built. Motion carried unanimously and the following resolution was adopted. (Note: Attachments A, B & C referred to in the resolution are on file in the Planning & Zoning Department.) 61

3 RESOLUTION NO RESOLUTION OF THE WASECA COUNTY BOARD OF COMMISSIONERS APPROVING THE PRELIMINARY AND FINAL PLAT OF SEXTON SUBDIVISION TO WASECA COUNTY, MINNESOTA WHEREAS, Steven H. and Bonnie Sexton, husband and wife (the Sextons ), owners of all of the properties described in Attachment A attached hereto and have requested that the parcels above be subdivided into a new subdivision to be known as Sexton Subdivision; and WHEREAS, notice of public hearing was published and mailed notices were sent to adjacent property owners and the Waseca County Planning Commission met and held a public hearing on this matter on April 4, 2013 at 8:00 p.m.; and WHEREAS, the Waseca County Planning Commission recommended approval of the Preliminary and Final Plats as depicted in Attachments B and C with the conditions as outlined in Attachment D attached hereto following the public hearing on April 4, that: NOW, THEREFORE, be it resolved by the County Board for Waseca County A) The Preliminary and Final Plat of Sexton Subdivision as described herein in Attachment A and as depicted on Attachments B and C, attached hereto, will not negatively impact the public health, safety, or welfare or interest of any owners of property surrounding the proposed subdivision nor will such use be inconsistent with the Comprehensive Plan or Unified Development Code for Waseca County. B) That the Preliminary Plat and Final Plat of Sexton Subdivision are approved subject to the conditions recommended by the Waseca Planning Commission as appended hereto as Attachment D. C) That the Preliminary and Final Plat drawings as depicted on Attachments B and C are approved in substantially the same form as prepared by Prairie Land Survey Inc. and as the plans presented to the Planning Commission on April 4, ATTACHMENT D Conditions for Plat Approval 1. Title Opinion. The applicant must submit a title opinion prepared by an attorney licensed in Minnesota prior to the filing of the final plat. 2. Sanitary Sewer Treatment System (SSTS). Waseca County Zoning Ordinance requires that all new lots created after January 23, 1996 shall have a primary and a secondary soil treatment area, which can support a standard soil treatment system. This means that a licensed contractor must show that each site has soils capable of sustaining two systems. This is accomplished by having a licensed contractor 62

4 complete soil borings for the site. The soil boring locations and soils information must be submitted to the Public Health Department for review and approval before submission and recording of the final plat. This secondary soil treatment area must be designated and staked and must be protected against any activity including compaction that would impair its future use. On-site water supply and sewage treatment systems shall meet or exceed MN Rules 7080 and the Waseca County Unified Development Code. 3. Site Access and Developers Agreement. Ingress and egress to the site shall initially be directly from the East Elysian Lake Road. Upon development of adjacent lots a frontage road must be constructed within the right-of-way for 40th Street (the frontage road right-of-way shown on the plat). The requirements for initial site access to the East Elysian Lake Road, how access will be addressed when adjacent sites are developed and construction standards for the roadway will be part of a Developer s Agreement that shall be prepared and approved by the Waseca County Planning and Zoning Administrator prior to the recording of the plat. The Developer s Agreement shall be recorded by the property owners at their expense. 4. Erosion Control Plan. An erosion control plan shall be implemented during any construction period to prevent soil erosion during all construction phases upon the property and shall be submitted to the Waseca County Planning and Zoning Office prior to construction. If applicable, the owner(s)/developer(s) shall obtain a NPDES storm water permit from the Minnesota Pollution Control Agency prior to the disturbance of one acre or more of land depicted in the maps submitted for this Conditional Use Permit. 5. Wetlands. No wetlands are located on this site. There are wetlands located to the west of this site. Drainage from this property could impact this wetland. Wetlands are protected by Minnesota Statute and Federal Laws. No lot owner shall conduct any activity within the wetland without prior authorization from the Local, State, or Federal Units of Government as may be needed. 6. Park Dedication. As required by Waseca County Unified Development Code and Subdivision Ordinances, a park dedication fee equal to five (5) percent of the land value prior to subdivision shall be paid. The land value shall be determined by utilization of assessment records and formulas that apply thereto of the land subdivided at its highest and best use. The Park Dedication Fee (estimated to be approximately 500) shall be assessed on Block 1 & the proposed frontage road and paid prior to filing of the Final Plat. The Park Dedication Fee for Outlot 1 shall be paid prior to sale or development on this parcel. Administrator Elvebak presented a resolution to terminate the joint powers agreement between Waseca County and the Waseca County Soil & Water Conservation District (SWCD) for the administration of the Wetland Conservation Act (WCA). Elvebak explained that the SWCD had voted at their recent meeting to terminate the agreement. The agreement can be terminated either by agreement of the parties or 30 63

5 days after written notification of one of the parties. The resolution will allow for the smooth transition of the administration from the SWCD to the County. In conversations with the Board of Water and Soil Resources (BWSR), there was indication that they will continue to offer services in the administration as they are currently doing and be a resource during the transition. The County will need to explore how to administer the program as there is no one currently on staff qualified to do so. Hintz moved, Androli seconded the motion and by a unanimous vote adopted the resolution to terminate the joint powers agreement. Resolution Resolution Terminating the Joint Powers Agreement Between Waseca County and Waseca Soil and Water Conservation District WHEREAS, the 1991 Wetland Conservation Act (WCA) places certain responsibilities upon counties to ensure no net loss in existing wetlands through the drainage or filling of wetlands; and WHEREAS, the WCA allows counties to delegate the administration of the WCA to Soil and Water Conservation Districts (SWCD); and WHEREAS, Waseca County and the Waseca County SWCD signed a Joint Powers Agreement in 1994 authorizing the Waseca County SWCD to be responsible for the administration of the WCA; and WHEREAS, wetland conservation has been and continues to be identified as a priority of Waseca County; and WHEREAS, at the April 11, 2013 Waseca County SWCD Board of Supervisors meeting, the supervisors approved the termination of the agreement with Waseca County per the requirements of the Joint Powers Agreement; NOW THEREFORE BE IT RESOLVED that the Waseca County Board of Commissioners terminates the Joint Powers Agreement Between Waseca County and Waseca Soil and Water Conservation District signed March 22, 1994 to be effective no later than May 11, 2013 or other mutually agreed date; BE IT FURTHER RESOLVED that the Board of Commissioners directs the Planning & Zoning Administrator to work with representatives from the Waseca County SWCD and the Board of Water and Soil Resources (BWSR) to provide a smooth transition in the administration of the WCA from the Waseca County SWCD to Waseca County. This resolution shall become effective upon its passage and without further publication. Sheriff Milbrath requested to recruit for a new Sergeant position. The position will be filled internally and will be non-union, non-exempt. Hintz moved and Androli seconded the motion to approve the recruitment. Motion carried unanimously. 64

6 Marilee Reck requested approval of New Chapter Technology as the vendor with Steele County as the host and Michael Sexe serving as project manager for the Electronic Data Management system (EDMS) for four counties (Dodge, Steele, Mower and Waseca). Total cost to Waseca County Human Services for the system is approximately 166, to 183, With approximately 50% reimbursement from Federal Financial Participation (FFP), the actual cost for Waseca County s share to purchase the system will be between 83, , Peterson moved and Nelson seconded the motion to approve purchasing the EDMS. Motion carried unanimously. Brad Stenzel, Matawan Grain Owner and Director, brought his concern to the board that the company needs to haul large loads of grain and they are road-locked because of the 7-ton roads leading out of Matawan and the seasonal postings. Discussion ensued. Nathan Richman spoke about the damage done and the cost of repairing roads due to heavy traffic especially during the spring seasonal road postings. He also shared that some counties, for a fee, issue a permit for overweight loads, but not during spring seasonal load restrictions. Peterson moved and Nelson seconded the motion to change the signage for 2013 seasonal load restrictions for CR 28 south of Matawan to 9-ton to the Freeborn County line. Motion failed 3-2 by the following roll call vote: Hintz-no; Androli-no; Peterson-yes; Nelson-yes; Kuhns-no. Androli moved and Peterson seconded the motion to change the signage for 2013 seasonal load restrictions for CR 28 south of Matawan to 9-ton to the Freeborn County line. Matawan Grain is required to present scale tickets to the Highway Department. The cost of any load, on this route, that is greater than a seven ton load will be per load per mile. The overweight permit issue will be reviewed by the Highway Committee for the future. Motion carried 4-1 by the following roll call vote: Hintz-no; Androli-yes; Peterson-yes; Nelson-yes; Kuhns-yes. Nathan Richman presented the park mowing bids for approval. A coin toss was used to determine that RTB Lawn Care was the winning bid for Goose Lake Park. Androli moved and Hintz seconded the motion to award the mowing to the low bids at each park. Motion carried unanimously COUNTY PARK MOWING BIDS Okaman Eustice Blowers Gerdts Lawn Service 1,100 3,900 - Roemhildt Lake Lawn Mowing 784-1,784 RTB Lawn Care 1,200-3,300 Southern MN Lawn Works - - 2,520 Goose Lake

7 Nathan requested permission to recruit certain temporary part-time and regular full-time employees. Androli moved and Peterson seconded the motion to recruit up to three (3) temporary part-time Maintenance Workers (the ongoing process to maintain a pool of three temporary Maintenance Workers). Motion carried unanimously. Hintz moved and Androli seconded the motion to recruit one regular, full-time maintenance worker to fill a previously vacant position. Motion carried unanimously. Discussion ensued on the functions and need of the to-be-vacated Maintenance Supervisor position. Peterson moved and Nelson seconded the motion to table the recruitment of a maintenance supervisor and send the item back to the Highway Committee for discussion and recommendation to the Board. Motion carried unanimously. Georgette Hanson, Interim Solid Waste Administrator, presented a bid for pasture land rent for 3 years at per year, payable in full at the signing of the lease. Discussion ensued as to the possibility of this land being included in some sort of wetland project. Hintz moved and Androli seconded the motion to table the bid letting until May so that research could be done. Motion carried 4-1 with the following roll call vote: Hintz-yes, Androli-yes, Peterson-yes, Nelson-yes, Kuhns-no. Androli moved and Hintz seconded the motion to approve an employee sick leave donation request. Motion carried unanimously. Androli moved and Nelson seconded the motion to adopt a resolution to close the board meeting to discuss pending litigation. Motion carried unanimously and the meeting closed at 12:18 p.m. RESOLUTION TO CLOSE A PORTION OF THE WASECA COUNTY BOARD MEETING ON APRIL 16, 2013 Resolution # WHEREAS, the Waseca County Board of Commissioners desire to close a portion of the April 16, 2013 Board Meeting to discuss pending litigation. WHEREAS, pursuant to Minn. Stat. 13D.05, subd. 3(b), the County Board by resolution may close a meeting as permitted by Minnesota law. NOW, THEREFORE, BE IT RESOLVED, that the Waseca County Board of Commissioners hereby closes a portion of the County Board meeting on April 16, 2013 at 12:18 p.m. in order to discuss pending litigation involving old Highway 14 turn back as permitted by the attorney-client privilege. Board meeting reopened at 12:51 p.m. 66

8 Elvebak stated that both Georgette Hanson and Brian Tomford have been in an interim status in their positions and that the Board had requested the status of the Solid Waste Administrator and Building Maintenance Supervisor be addressed at this Board meeting. Hintz moved and Peterson seconded the motion to appoint Georgette Hanson as Solid Waste Administrator who has been the Interim Solid Waste Administrator since May 15, Motion carried 4-1 by the following roll call vote: Hintz-yes, Androli-no, Peterson-yes, Nelson-yes, Kuhns-yes. Hintz moved and Kuhns seconded the motion to appoint Brian Tomford as Building Maintenance Supervisor who has been the Interim Building Maintenance Supervisor since November 1, Motion carried 4-1 by the following roll call vote: Hintz-yes, Androli-no, Peterson-yes, Nelson-yes, Kuhns-yes. County Administrator report was accepted. Due to the board needing to be at an out of town committee meeting at 1:30 p.m., Hintz moved and Androli seconded the motion to adjourn and table any discussions or updates left on the agenda to the May 7 board meeting. Motion carried unanimously and the board adjourned at 1:06 p.m. S/ Daniel D. Kuhns, Chairperson Waseca County Board of Commissioners ATTEST: S/ Joyce Oliver, Clerk Waseca County Auditor/Treasurer The following bills were audited and allowed: AG POWER ENTERPRISES INC ALBERT LEA TRIBUNE ALCOHOL MONITORING SYSTEMS INC 3, ANCOM COMMUNICATIONS INC AUSTIN DAILY HERALD AUTO VALUE WASECA INC AYERS/RYAN BARKER COMPANY INC/BOB BEAR GRAPHICS INC BEHRENDS/MARK 1, BETTERS WEINANDT ATTORNEYS AT LAW BLUE EARTH CO HUMAN SERVICES

9 BLUE EARTH CO SHERIFFS OFFICE BOCKS SERVICE INC BORNEKE CONSTRUCTION INC 5, BRITTON PLUMBING & HEATING INC BUCKMEIER/ANDY BUDACH IMPLEMENT INC C&D OIL SERVICES OF WASECA LLC CARQUEST AUTO PARTS CHARLIES HARDWARE INC CHOSEN VALLEY TESTING INC 3, CHRISTENSEN TIRE & AUTO REPAIR CHRISTIANSON/CHRIS COLE ELECTRIC INC CONNOR/KATHLEEN A 3.39 CONTINENTAL RESEARCH CORP CRESCENT ELECTRIC SUPPLY CO INC CRYSTEEL DISTRIBUTING INC 1, CULLIGAN DEML FORD INC 2, DENNIS FUNERAL HOMES DINNEEN/DENNIS A EMERGENCY AUTO TECH, INC 9, EXPRESS CARE INC FASTENAL CO FCI WASECA FIRST NATIONAL BANK FIRST NATIONAL BANK FIRST NATIONAL BANK OHAMA FIRST NATIONAL BANK OMAHA FIRST NATIONAL BANK OMAHA FIRST NATIONAL BANK OMAHA FIRST NATIONAL BANK OMAHA FIRST NATIONAL BANK OMAHA FIRST NATIONAL BANK OMAHA FIRST NATIONAL BANK OMAHA FIRST NATIONAL BANK OMAHA FIRST NATIONAL BANK OMAHA FIRST NATIONAL BANK OMAHA FIRST NATIONAL BANK OMAHA FIRST NATIONAL BANK OMAHA FIRST NATIONAL BANK OMAHA FIRST NATIONAL BANK OMAHA , FIRST NATIONAL BANK OMAHA FLEET PRIDE FLEMMING/DUANE & KRISTINE 1, FREDERICK/RUSSELL J

10 FREE PRESS/THE G&K SERVICES INC 1, GILSON COMPANY INC GMS INDUSTRIAL SUPPLIES, INC HALEY/MARCIA HOFMEISTER/RANDY HUCKLE MEDIA, LLC HY-VEE OWATONNA 1, HYVEE FOOD STORES JACOBS/JEFFREY 1, JACOBSON/RHONDA 9.04 JANESVILLE HARDWARE LLC JONES HAUGH & SMITH INC 18, KMTELECOM 3.90 L & L STREET ROD & SPORTS TRUCK LARKSTUR ENG MANKATO LENZ LAWN CARE LLC 3, LOHSE/LINDA MADEL/MARY ANN MALTERER/DEANNE MASCHKA, RIEDY & RIES PLLP 5.00 MATHISON TRI-GAS INC MCCLUNES TREE SERVICE MCGEE MD/MICHAEL B 1, MCHS MANKATO MCNEILUS STEEL INC MEHA-ST CLOUD MILBRETT/DARIN MN DEPT OF HUMAN SERVICES MN RIVER AREA AGENCY ON AGING INC NATL 4-H SUPPLY SERVICE NELSON/BLAIR NICOLIN/NANCY NORCHEM DRUG TESTING LAB INC NORTH CENTRAL INTERNATIONAL INC NRHEG STAR EAGLE INC PATTON HOVERSTEN & BERG PA 1, PETERSON/JAMES PETTIPIECE & ASSOCIATES LLC PLUNKETT'S POST BULLETIN CO LLC POWERPLAN INC PREMIER VETERINARY CENTER LLC PROBUILD-WASECA QUALITY PRINT OF WASECA INC RAMSEY COUNTY 1,

11 RED FEATHER PAPER CO INC REGIONS HOSPITAL (AUTOPSIES) RENT N SAVE PORTABLE SERVICES INC RICHMAN/NATHAN 1, RINKE-NOONAN ATTORNEYS AT LAW RIVER BEND BUSINESS PRODUCTS ROBINSON APPRAISAL & ASSOC., INC. 3, ROCKMOUNT RESEARCH & ALLOYS INC ROHDE/LAURA ROYCRAFT/KATHY 7.50 SCHOENROCK/LEON SELECTACCOUNT SHARE CORPORATION SKJEVELAND ENTERPRISES SOMMERS/MARK SOPKOWIAK/LYLE STATE OF MN BUREAU OF CRIM APPREH 1, STEELE CO DETENTION CENTER 5, STEELE COUNTY CLOTHSLINE INC STEELE COUNTY LANDFILL 3, STEWART SANITATION 2, STONEBROOKE ENGINEERING INC STREICHERS THRIFTY WHITE STORES INC TOTAL GLASS-LOCK INC TRADES OFFICE PRODUCTS 2, WASECA AREA SENIOR CITIZENS INC 9, WASECA CO AUDITOR-TREASURER 7, WASECA CO AUDITOR-TREASURER 4, WASECA GLASS INC 5, WASECA PROPERTIES INC WASTE MANAGEMENT-CAROL STREAM 10, WEST GROUP PAYMENT CTR WESTMAN FREIGHTLINER INC ZIEGLER INC