WASECA COUNTY BOARD OF COMMISSIONERS OCTOBER 1, 2013

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1 WASECA COUNTY BOARD OF COMMISSIONERS OCTOBER 1, 2013 The Waseca County Board of Commissioners met in regular session on Tuesday, October 01, 2013, in the Commissioner s Room, 300 North State Street, Waseca Minnesota. Members present were Chair Dan Kuhns, Blair Nelson, Mike Hintz, Richard Androli and Jim Peterson. Others present were Laura Elvebak, County Administrator; Joyce Oliver, Auditor- Treasurer; County Attorney Paul Dressler; Planning & Zoning Administrator Mark Leiferman; Intern Samantha Barthels; License Bureau Director Cindy Bjerke; Engineer, Nathan Richman; Andy Arnoldt; Vanessa Steffl, Lutheran Social Services; Attorney Justin Weinberg, Gislason Law Office; Chair Kuhns called the meeting to order at 9:30 a.m. Roll call was taken and the Pledge of Allegiance was recited. P&Z Administrator Mark Leifer man introduced Ordinance Amendment to Waseca County Unified Development Code, Article 6 Zoning District Regulations, Section 16 Standards for Commercial and Industrial Uses to include pet/animal cremation. A public hearing was opened at 9:3 5 a.m. Hearing no public comments, the hearing closed at 9:3 6 a.m. Hintz moved and Androli seconded the motion to approve Ordinance Amendment as presented. Motion carried unanimously. ORDINANCE AN ORDINANCE AMENDING SECTIONS OF THE UNIFIED DEVELOPMENT CODE Waseca County Unified Development Code Article 6 Zoning District Regulations Section 16 Standards for Commercial and Industrial Uses to include pet/animal cremation as a conditional use permit in the A-1 Agricultural Protection District in Waseca County. WHEREAS, an application was received to amend the Waseca County Unified Development Code to include pet/animal cremation as a conditional commercial use in the A-1 Agricultural Protection District; and WHEREAS, the Waseca County Planning Commission conducted a public hearing regarding this amendment at their meeting of September 5, 2013 and recommends its approval as a conditional commercial use by the Waseca County Board of Commissioners; and WHEREAS, the Waseca County Board of Commissioners held a public hearing at their meeting of October 1, 2013 to adopt the amendment to the Waseca County Unified Development Code as shown in Attachment A ; 193

2 WASECA COUNTY ORDAINS: The Unified Development Code of Waseca County is amended as shown in Attachment A regarding pet/animal cremation commercial business as a conditional use in the A-1 Agricultural Protection District. Adopted by Waseca County on this 1 st day of October, 2013 and effective on date of adoption. ATTACHMENT A ORDINANCE Article 6 Zoning District Regulations Section 16 Standards for Commercial and Industrial Uses Add Pet Crematorium Standards to the code (page 6-3 index) Section 16 Specific Standards for Commercial and Industrial Uses Veterinary and Animal Clinic and Facilities for the Care and/or Breeding of Animals Including Kennel and Animal Crematorium Article 6 Zoning District Regulations Section 16 Standards for Commercial and Industrial Uses Add standards for Animal Crematorium 32. Veterinary and Animal Clinic and Facilities for the Care and/or Breeding of Animals Including Kennel and Animal Crematorium (a) Site plan. Site plan review shall be required. (b) Facility design. All veterinary clinics or hospitals shall provide indoor facilities having adequate heating, ventilation, and lighting and outdoor facilities having shelter from the elements. Facilities shall have proper drainage and a plan for manure management. (c) Exercise areas. All animal runs or exercise areas shall be located at least one hundred (100) feet from any adjoining property line. Outdoor animal runs or exercise areas are prohibited within the VM Village Mixed-Use District (d) Licenses. Facilities must obtain all required state and federal licenses or operational permits. (e) Parking. Parking and loading shall meet the standards found in Section 15 of this Article. (f) Animal Crematorium. An animal crematorium may be operated in connection with a veterinary clinic or as a stand-alone facility that provides services to a veterinary clinic or clinics. An animal crematorium shall only be used for the disposal of animals. A stand-alone animal crematorium facility shall provide no outside appearance of the operation and shall not include a sign. Stand-alone crematoriums shall pick-up and deliver animals from veterinary clinics and shall have no visitors other than employees or inspectors. Animal pick-up shall be done in leakproof containers. The following standards for animal crematoriums shall be met: (a) Setback. The crematorium shall be located in a structure and be at least 500 feet from the any residence other than the owner of the property. 194

3 (b) Site Plan. Site plan review shall be required. (c) Parking. There shall be at least one (1) parking space available for each employee working at the site at any time. (d) (e) (f) Refrigeration. Deceased animals stored on the site prior to disposal shall be kept under refrigeration to eliminate the possibility of odor emanating from the animal. Furnaces. The furnaces shall use natural gas or propane as the heat source for the furnace. Performance Standards. Incinerator must be adhere to the Minnesota Pollution Control Agency guidelines as follows: i. Capable of producing emissions not to exceed 20 percent opacity. ii. iii. Fitted with an afterburner that maintains flue gases at 1,200 degrees Fahrenheit for at least 0.3 seconds. Ash from the incinerator must be handled in such a manner as to prevent particulate matter from becoming airborne and shall be properly disposed of. 2. Article 6 Zoning District Regulations Section 8 A-1 Agriculture Protection District Standards Add standards for Crematoriums for pets and animals as a Conditional Use Section 8 A-1 Agricultural Protection District Standards 3. Conditional Uses (See Article 4 for Accessory Uses) (a) Feedlots (i) Pursuant to Subsection 6.1(c) i, new feedlots of fifty (50) animal units or more shall obtain a Conditional Use Permit unless recommendations of the Waseca County Feedlot Site Inspection Team are implemented. All sites three thousand (3,000) animal units or larger, using the County Animal Unit value of 0.4 for hogs, shall obtain a County Feedlot Site Inspection Team inspection recommendation and a Conditional Use Permit from the County Board. (ii) Pursuant to Subsection 6.1(c) ix, new animal feedlots are prohibited from locating two thousand six hundred forty (2,640) feet or less from an incorporated municipality, however, new animal feedlots located greater than two thousand six hundred forty (2,640) feet and less than or equal to five thousand two hundred eighty (5,280) feet shall obtain the County Feedlot Site Inspection Team inspection recommendation and a Conditional Use Permit from the County Board. iv. Pursuant to Subsection 6.1(e) iv, the Site Team reserves the right to require the applicant to obtain a conditional use permit for any site it may inspect. 195

4 (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) (q) (r) (s) (t) (u) (v) (w) (x) (y) (z) (aa) (bb) (cc) (dd) (ee) (ff) (gg) (hh) ii. Agricultural chemicals, fertilizer sales Agriculturally-oriented business Ethanol or biofuel production, commercial Grain elevator, grain storage & drying (commercial) Livestock sales barn and accessory facilities Mineral extraction, mining Natural resource manufacturing and processing Two-family dwelling Home occupation Temporary worker housing Cemetery, memorial garden Day care center Religious institution Campground Golf course, country club, driving range Gun or archery range, indoor Gun or archery range, outdoor Hunting club (private), hunting preserve, hunting shacks Organized group camp Organized motor sports: ATVs, trucks, tractors, or motorcycle tracks or trails (not including auto or other vehicle racing, tracks or events) Paint ball course Riding academy, boarding stable Airport, heliport, aircraft rental, sale, servicing, manufacturing, and related services Bed and breakfast Veterinary and animal clinic and facilities for the care and/or breeding of animals including kennel and Animal Crematorium Storage, bulk Landfill (sanitary), recycling facility Antennae for radio, television, and communication facilities Essential services, facilities, and structures Wind farm Keeping of animals other than household pets (non-farm) Kennels private Outdoor display Other accessory uses and structures that are incidental to the principal use Accessory uses are subject to the standards found in Articles 3, 4 and 6 of this Ordinance. There was no public comment. Androli moved and Peterson seconded the motion to approve the agenda as presented. Motion carried unanimously. There was no correspondence to share. The bills were found to be in order. There was nothing for Department Head Time. 196

5 Hintz moved and Nelson seconded the motion to approve the Consent Agenda with the removal of e-approval of Contract for In-House Therapeutic Program Services, f-approval of Contract for Waseca County Off Campus and k-approval to Replace Mowing Equipment (sent back to the Highway Committee). Motion carried unanimously. a. Approval of Auditor, Commissioner and Human Services expense bills. b. Approval of partial release of Exclusive Agriculture Use Zone Restrictive Covenant for Ben and Sandra Sutter, Blooming Grove Township. c. Approval of the establishment of a Cash Imprest Fund of $25,000 for the acceptance of credit cards in the License Bureau. d. Approval of the Minnesota Family Investment Plan (MFIP). e. Approval of contract with the Waseca School District for In-House Therapeutic Program Services. f. Approval of contract with the Waseca School District for Waseca County Off Campus (WCOC). g. Approval of agreement with Waseca Schools for Waseca County Off Campus (WCOC) rent for school year. The county cost for rent is $9,444 and utilities are $1, h. Approval of Resolution supporting the grant application to the Minnesota Historical & Cultural Grants Program. Resolution Resolution Supporting the Grant Application to the Minnesota Historical & Cultural Grants Program for the Waseca County Veterans Memorial Conservation WHEREAS, the Waseca County Board of Commissioners supports the grant application made to the Minnesota Historical &Cultural Heritage Grants Program for the conservation treatment of the Waseca County Veterans Memorial; and WHEREAS, The $10,000 application request is to replace the memorial s base concrete, remove erosion, coating layer, and organic staining from bronze plaque and granite base, as well as provide for restoration of the memorial s cannon and flag pole; NOW THEREFORE, BE IT RESOLVED, if Waseca County is awarded a grant by the Minnesota Historical Society, Waseca County agrees to accept the grant award, and will comply with all applicable laws, environmental requirements and regulations as stated in the grant agreement, and BE IT FURTHER RESOLVED, the County Board of Waseca County names the fiscal agent for Waseca County for this project as: Joyce Oliver, County Auditor/Treasurer 307 N State Street Waseca, MN

6 This resolution shall become effective upon its passage and without further publication. i. Approval of Resolution for agreement to the State Transportation Fund for flood funds. RESOLUTION # For Agreement to State Transportation Fund (Flood Funds Acct #261) October 1, 2013 WHEREAS, Waseca County has applied to the Commissioner of Transportation for a grant from the Minnesota State Transportation Fund for construction of Agreement and Project Numbers: Agreement No SAP for the amount of $333, Agreement No SAP for the amount of $151, Agreement No SAP for the amount of $ 67, Agreement No SAP for the amount of $152, Agreement No SAP for the amount of $211, Agreement No SAP for the amount of $ 25, Agreement No SAP for the amount of $239,747.81,and WHEREAS, the Commissioner of Transportation has given notice that funding for these projects is available; and WHEREAS, the amount of the grant has been determined to be $1,181, by reason of the lowest responsible bid; NOW THEREFORE, be it resolved that Waseca County does hereby agree to the terms and conditions of the grant consistent with Minnesota Statutes, section , subdivision 5, clause (3), and will pay any additional amount by which the cost exceeds the estimate, and will return to the Minnesota State Transportation Fund any amount appropriated for each project but not required. j. Approval of Resolution for agreement to the State Transportation Fund for flood fund. RESOLUTION # For Agreement to State Transportation Fund (Flood Funds Acct #261) October 1, 2013 WHEREAS, Waseca County has applied to the Commissioner of Transportation for a grant from the Minnesota State Transportation Fund for construction of Agreement No consisting of Project Numbers: 198

7 ,and SAP for the amount of $109, SAP for the amount of $80, SAP for the amount of $96, SAP for the amount of $87, SAP for the amount of $82, SAP for the amount of $2, SAP for the amount of $130, SAP for the amount of $210, WHEREAS, the Commissioner of Transportation has given notice that funding for these projects is available; and WHEREAS, the amount of the grant has been determined to be $799,842.91, ($338, FEMA and $461, Flood Funds- Acct#261) by reason of the lowest responsible bid; NOW THEREFORE, be it resolved that Waseca County does hereby agree to the terms and conditions of the grant consistent with Minnesota Statutes, section , subdivision 5, clause (3), and will pay any additional amount by which the cost exceeds the estimate, and will return to the Minnesota State Transportation Fund any amount appropriated for each project but not required. k. Approval to replace mowing equipment. l. Approval to replace survey equipment for the Highway Department for a total of $6, Androli moved and Kuhns seconded the motion to approve the minutes of September 10, 2013, special County Board meeting and September 17, 2013, regular County Board meeting. Motion carried unanimously. Androli moved, Peterson seconded the motion and by unanimous vote approved the following ditch repairs: JD#6-Section 34 New Richland Township: Replace 30-inch tile main, cost estimate $5, CD#36-Section 1 Freedom Township: Repair broken tile, cost estimate $ , CD#44-City of Waseca: Spray weeds, cost estimate $1, Vanessa Steffl updated the board on the Lutheran Social Service Senior Nutrition program in Waseca County. Brian Tomford, Buildings and Grounds Maintenance, presented quotes for a 2014 F-250 4x4 truck with accessories of plow, salt spreader and life gate. Total cost with accessories installed is $34, Hintz moved and Androli seconded the motion to approve the purchase. Motion carried unanimously. 199

8 Laura Elvebak, County Administrator, requested the recruitment of an Office Support Specialist to fill a vacancy in the Human Services Department. Peterson moved and Nelson seconded the motion to approve the recruitment. Motion carried 3-2 by the following roll call vote: Hintz-no, Androli-yes, Peterson-yes, Nelson-yes, Kuhns-no. Administrator Elvebak presented an agreement with Steele County to provide Hu man Services Director services due to a vacancy. Discussion ensued. Hintz moved and Nelson seconded the motion to approve an agreement with Steele County to provide Human Services Director services at the rate of $11, for the period of 10/1/13-12/31/13, $24, for the period of 1/1/14-6/30/14 and $24, for the period of 7/1/14-12/31/14. The amount represents 33% of the wage and benefits of the Steele County Human Services Director and subsequent wage and benefit adjustments thru the term of the agreement. The total fees payable pursuant to this agreement will not exceed $61, Mileage will be reimbursed at the current IRS rate per mile. Other expenses will be reimbursed by 33% of cost. Motion carried 3-2 by the following roll call vote: Hintz-yes, Androli-yes, Peterson-no, Nelson-yes, Kuhns-no. Laura Elvebak presented the County Administrator report. Androli moved Hintz seconded the motion to close the meeting for attorney-client privilege. Motion carried unanimously and the f ollowing resolution was adopted and the meeting was closed at 10:35 a.m. RESOLUTION TO CLOSE A PORTION OF THE WASECA COUNTY BOARD MEETING ON OCTOBER 1, 2013 Resolution # WHEREAS, the Waseca County Board of Commissioners desire to close a portion of the October 1, 2013 Board Meeting to discuss a legal update on 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 October 1, 2013 at 10:35 a.m. in order to discuss a legal update on pending litigation involving old Highway 14 turn back as permitted by the attorney-client privilege. Present were Commissioners Kuhns, Nelson, Hintz, Androli, and Peterson, Administrator Elvebak, Auditor-Treasurer Oliver, County Attorney Dressler, Engineer Richman and Attorney Justin Weinberg. The regular meeting was reopened at 11:55 a.m. 200

9 Discussion was held concerning old Highway 14. It was decided to hold an public hearing before a decision is made on whether or not to vacate certain portions of the road. Peterson moved and Androli seconded the motion to schedule a Special County Board meeting on Tuesday, October 29, 2013, at 6:30 p.m. The location is to be decided. Motion carried unanimously. Hintz moved and Androli seconded the motion to move the time of the November 5, 2013, regularly scheduled board meeting to 6:30 p.m. Motion carried unanimously. Richard Androli gave an update of a recent meeting with State Representative Tony Cornish and Janesville Mayor Mike Santo concerning the old Highway 14 turnback. Mike Hintz gave update on the Veterans Memorial steering committee. The board directed Administrator Elvebak to research what benefit s the County receives from the Association of Minnesota Counties ( AMC ) and invite the new AMC director to a County board meeting. Androli moved to reconsider the vote on the recruitment of the Human Services Office Support Specialist. Peterson seconded the motion and it passed unanimously. Discussion ensued. The previous motion to approve the recruitment was reviewed and a vote was called. The motion failed unanimously. Having no further business, Peterson moved and Androli seconded the motion to adjourn. The motion passed unanimously and the meeting adjourned at 12:24 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: A.H. HERMEL COMPANY INC ABC WIRE SALES CO ALCOHOL MONITORING SYSTEMS INC AMSAN

10 ANCOM COMMUNICATIONS INC ASSOC OF MN COUNTIES AVAYA INC 7, BARKER COMPANY INC/BOB BLUE EARTH CO SHERIFFS OFFICE 1, BOCKS SERVICE INC BRIGGS & MORGAN P.A. 12, CHRISTIANSON/CHRIS CLEAR LAKE PRESS CONTINENTAL RESEARCH CORPORATION COPIER BUSINESS SOLUTIONS INC CPS TECHNOLOGY SOLUTIONS INC DAVE'S GROCERY DISTAD/DENNIS 4, ERICKSON ENGINEERING 1, FLEX COMM SECURITY G&K SERVICES INC GISLASON & HUNTER LLP 6, GLOBAL EQUIPMENT CO GMS INDUSTRIAL SUPPLIES, INC GRAMS/ALVIN GRAUPMANN/ANDREW H&A ADMINISTRATORS HEALTHY SMILES INC ITASCA COUNTY JOBS PLUS INC JOHN'S SERVICE GARAGE JONES HAUGH & SMITH 4, KEEPRS INC KRAUSE FEEDS & SUPPLIES INC LIBERTY TIRE RECYCLING, LLC 6, M-R SIGN COMPANY INC 1, MEDTOX LABORATORIES METTLER/ALLEN MINNESOTA LAWYER MN COUNTIES COMPUTER COOP MN DEPT OF LABOR & INDUSTRY-ST PAUL MN MANAGEMENT & BUDGET TREAS DIV MN STATE BOARD OF ASSESSORS MN VALLEY COUNCIL OF GOVTS MOTOROLA SOLUTIONS, INC 228, MOTOROLA SOLUTIONS, INC 290, MOTOROLA SOLUTIONS, INC 90, MUELLERLIELE/MARK NACCHO NAPA AUTO & TRUCK PARTS OF WASECA

11 NELSON/KEVIN NUTRITION MATTERS INC OVERHEAD DOOR CO OF MANKATO INC PTS OF AMERICA, LLC RICE CO SOLID WASTE DEPT 1, RINKE-NOONAN ATTORNEYS AT LAW 1, RIVER BEND BUSINESS PRODUCTS 1, SOUTHSIDE MARINE INC SPECIALTY PERSONNEL SERVICES INC 2, SPRINT-CAROL STREAM STONEBROOKE ENGINEERING INC 21, TRADES OFFICE PRODUCTS UNIFORMS UNLIMITED INC 1, VAGTS/MARK WALMART PYMT PROCESSING ATLANTA WASECA COUNTY NEWS WASECA PUBLIC SCHOOLS WASECA UTILITIES/CITY OF WEST GROUP PAYMENT CTR WESTPHAL/DEB