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Minutes March 22, 2016

 Wabasha County Board of Commissioners

Meeting of March 22, 2016


The Board of County Commissioners of Wabasha County, Minnesota, convened in Regular Session at the Wabasha County Courthouse, in the City of Wabasha, Minnesota on Tuesday, March 22, 2016 at 9:00 a.m.

The meeting was called to order by Board Chairman Hall.

The following Commissioners were present: Goihl, Hall, Key, Springer, Wobbe

WOBBE-SPRINGER

Motion to approve the agenda after moving Item “G” in front of “A”. Added Item, “I,” “Appoint Planning Commission Member—John Lubinski”

Adopted Unanimously

Public Forum Comments:

Howard Gorder-Parking in Minneiska

Scott Splittstoesser-Parking in Minneiska

Rachelle Splittstoesser-Parking in Minneiska

Katie Shones-Snowplowing

SPRINGER-GOIHL

Motion to approve the consent agenda including the following:

Minutes: March 15th, 2016

Claims

Meal Vouchers

Per Diems

Donations-$200.00 from Beverly Poncelet for Wabasha County Youth Link Mentorship Program

Resolution No. 2016-084

Whereas, the Wabasha County Board of Commissioners has previously approved the hiring of a social worker in the Home & Community Based Services Unit; and

Whereas, the Human Resources Department in conjunction with the Home & Community Based Services Supervisor have conducted interviews with applicants for this position and have recommended a candidate to hire; and

Whereas, the Social Service Director has reviewed the interview process of the hiring committee and agrees with the recommendation to appoint Stephanie Schenk to fill this position;

Now Therefore be it Resolved by the Wabasha County Board of Commissioners that, it hereby authorizes the Social Services Director to appoint Stephanie Schenk to fill the social worker vacancy in the Home & Community Based Services Unit. The starting salary for this position shall be set at Grade F, Step 1 and the date of hire shall be April 4, 2016.

Resolution No.: 2016-085

Whereas, the Wabasha County Board of Commissioners has previously approved the hiring of a fiscal supervisor for the Social Services Accounting Unit; and

Whereas, the Human Resources Department in conjunction with the Social Services Director and Finance Director have completed the interview process for applicants for this position and have recommended a candidate to hire; and

Whereas, the interview panel is recommending that Cindy Berg be appointed to fill this position;

Now Therefore be it Resolved by the Wabasha County Board of Commissioners that, it hereby authorizes the Social Services Director to appoint Cindy Berg to fill the fiscal supervisor vacancy in the Social Services Accounting Unit. The starting salary for this position shall be set at Grade 4, Start Step and the date of hire shall be April 4, 2016.

Resolution No. 2016-086

Whereas, Bids have been received from multiple vendors to purchase a zero turn mower that will be utilized at the Criminal Justice Center; and

Whereas, the low bid that was received for the mower was received from M&M Lawn and Leisure for a 2016 Gravely Pro Turn 260 for $8,599.00; and

Now Therefore Be It Resolved by the Wabasha County Board of Commissioners accepts the bid from M&M Lawn and Leisure for a 2016 Gravely Pro Turn 260 for $8,599.00.

Resolution No.: 2016-087

Whereas, the Wabasha County Policy 102 outlines the process for recruiting and selecting potential applicants for employment with the County; and

Whereas, the proposed changes would provide clarification as to the responsibility of recruitment and screenings;

Whereas, once a resolution has been originally approved by the Board, Human Resources is authorized to advertise, interview, and hire for the position.

Whereas, determination of where a position will start on the prospective salary scale, unless specifically determined under a union contract, will be made by Human Resources with input from the Department Head, and

Now Therefore Be It Resolved by the Wabasha County Board of Commissioners adopts the revised Policy 102 (Attached).

Adopted Unanimously

SPRINGER-WOBBE

Resolution No.: 2016-092

Whereas, Wabasha County previously constructed SAP 079-663-001 under Minnesota Rules for State Aid Operation 8820.9936 traffic lane and parking lane width requirements; and

Whereas, parking was banned in designated areas by City of Minneiska resolution at the time of plan approval consideration; and

Whereas, the reason for this variance request is constructed traffic and parking lane widths do not allow for parking under 8820.9936, and the City of Minneiska has now determined the necessity for parking in a segment of the area previously designated with a parking ban; and

Whereas, the attached Indemnification and Hold Harmless Agreement has been fully executed by the City of Minneiska.

Now Therefore be it Resolved by the Wabasha County Board of Commissioners that, Wabasha County does hereby request a variance from the Minnesota Department of Transportation State Aid Operations Rules Chapter 8820.9936 Minimum Design Standards, Urban; New or Reconstruction Projects to allow for a reduced 10’ traffic lane width in lieu of 11’ traffic lanes for a segment of SAP 079-663-001 from approximately Station 14+00 to 18+00.

Be It Further Resolved by the Wabasha County Board of Commissioners that, Wabasha County hereby indemnifies, saves and hold harmless the State of Minnesota, and its agents and employees of and from claims, demands, actions, or causes of action arising out of or by reason of reducing traffic lane widths from those in Minnesota Rules 8820.9936 and further agrees to defend at their sole cost and expense any action or proceeding commenced for the purpose of asserting any claim arising as a result of the granting this variance.

Be It Further Resolved by the Wabasha County Board of Commissioners that, upon execution of the attached Indemnification and Hold Harmless Agreement by the City of Minneiska, the Chair of Board and County Administrator are hereby authorized to execute the attached Indemnification and Hold Harmless Agreement.

Be It Further Resolved by the Wabasha County Board of Commissioners that, the proposed parking lane be on the Northeast (River) side of County State Aid Highway 63.

Adopted Unanimously

Presentation: Administration Presentation – Jennifer Wahls, Aquatic Species and Noxious Weeds

SPRINGER-GOIHL

Resolution Number: 2016-088

Establishing a Noxious Weed Appeal Committee for Wabasha County

Whereas, Chapter 18 Minn. Stats. has been adopted for the purpose of protecting the residents of the state from the injurious effects of noxious weeds on public health, the environment, public roads, crops, livestock, and other property; and

Whereas, Wabasha County is responsible for the enforcement of the noxious weed program established in Chapter 18 Minn. Stats. and is required to have a Noxious Weed Appeal Committee as part of the program; and

Whereas, Wabasha County has a Board of Adjustment to hear appeals of the Wabasha County Zoning Ordinance and is competent in the appeal process and can provide a fair review of any appeal before them.

Now Therefore Be It Resolved, the Wabasha County Board of Commissioners appoints the Wabasha County Board of Adjustment to serve also as the Wabasha County Noxious Weed Appeal Committee.

Adopted Unanimously

SPRINGER-GOIHL

Resolution Number: 2016-089

License to Collect and Transport Solid Waste and/or Recyclables

Whereas, Wabasha County has adopted a Solid Waste Ordinance in order to promote the health, welfare, and safety of the general public and to also protect the environment; and

Whereas, The Wabasha County Solid Waste Ordinance requires the issuance of a license to collect, transport, or dispose of solid waste or recyclables generated within Wabasha County; and

Whereas, Wabasha County reserves the right to revoke any license for a violation of any provision of the Solid Waste Ordinance; and

Whereas, Licenses for the collection, transport, or disposal of solid waste or recyclables generated within Wabasha County are issued on a yearly basis.

Now Therefore Be It Resolved, the Wabasha County Board of Commissioners approves the 2016 licenses to collect solid waste and recyclables for the businesses as follows:

1. Wabasha Rubbish Removal, LLC

2. Lake City Recycling and Disposal

3. Waste Management (Northfield)

4. Waste Management (Rochester)

5. Advanced Disposal Solid Waste Services Midwest, LLC

Adopted. Nay:Wobbe

WOBBE-GOIHL

Resolution No.: 2016-090

Whereas, the Wabasha County Highway Department proposes to acquire property in addition to the existing right of way of County State Aid Highway 10 for the purpose of an extension of a culvert structure; and

Whereas, an extension of a culvert structure are necessary in order to improve this segment of County State Aid Highway 10 to provide for public health, welfare, safety and convenience; and

Whereas, the property necessary to be acquired for improvements and existing right of way for an extension of a culvert structure on County State Aid Highway 10 are described as follows:

That part of the Northwest Quarter of the Southeast Quarter of Section 26, Township 111 North, Range 12 West, Wabasha County, Minnesota, described as follows:

Commencing at the Northwest corner of the Southeast Quarter of said Section 26; thence South 00 degrees, 10 minutes, 02 seconds West, oriented with the Wabasha County Coordinate System, NAD 1983, 1996 adjustment, (HARN), along the West line of said Southeast Quarter, a distance of 292.81 feet; thence South 89 degrees, 49 minutes,58 seconds East, a distance of 616.99 feet; to a point on the Easterly Right-of-Way of Wabasha County State Aid Highway 10, which is the point of beginning for the described parcel; thence South 37 degrees, 57 minutes ,18 seconds East, a distance of 100.00 feet; thence North 52 degrees, 02 minutes, 42 seconds East, a distance of 50.00 feet; thence North 37 degrees, 57 minutes, 18 seconds West, a distance of 100.00 feet; thence South 52 degrees, 02 minutes, 42 seconds West, a distance of 50.00 feet, to the point of beginning.

The total area of said easement is 0.12 acres, more or less.

That part of the Northwest Quarter of the Southeast Quarter of Section 26, Township 111 North, Range 12 West, Wabasha County, Minnesota, described as follows:

Commencing at the Northwest corner of the Southeast Quarter of said Section 26; thence South 00 degrees, 10 minutes, 02 seconds West, oriented with the Wabasha County Coordinate System, NAD 1983, 1996 adjustment, (HARN), along the West line of said Southeast Quarter, a distance of 418.57 feet; thence South 89 degrees, 49 minutes, 58 seconds East, a distance of 537.72 feet; to a point on the Westerly Right-of-Way of Wabasha County State Aid Highway 10, which is the point of beginning for the described parcel; thence South 52 degrees, 02 minutes , 42 seconds West, a distance of 30.00 feet; thence South 37 degrees, 57 minutes, 18 seconds East, a distance of 148.19 feet, to a point on the Westerly Right-of-Way of Township Road 275th Avenue; thence North 18 degrees, 14 minutes, 26 seconds East, along the Westerly Right-of-Way of Township Road 275th Avenue a distance of 36.10 feet; thence North 37 degrees, 57 minutes, 18 seconds West, along the Westerly Right-of-Way of Wabasha County State Aid Highway 10 a distance of 128.11 feet, to the point of beginning.

The total area of said easement is 0.10 acres, more or less.

Now Therefore Be It Resolved by the Wabasha County Board of Commissioners that, the County Highway Engineer is hereby authorized to proceed to acquire the property as described above in accordance with applicable laws and statutes.

Adopted Unanimously

SPRINGER-GOIHL

Resolution No.: 2016-091

Whereas, the Wabasha County Highway Department proposes to acquire property in addition to the existing right of way of County State Aid Highway 25 for the purpose of improvements under project SAP 079-625-019; and

Whereas, improvements under project SAP 079-625-019 are necessary in order to improve this segment of County State Aid Highway 25 to provide for public health, welfare, safety and convenience; and

Whereas, the property necessary to be acquired for improvements and existing right of way for project SAP 079-625-019 are described as follows:

That part of the Southwest Quarter of the Southeast Quarter of Section 23, Township 108 North, Range 12 West, Wabasha County, Minnesota, described as follows:

Beginning at the Southwest corner of the Southeast Quarter of said Section 23; thence North 89 degrees, 54 minutes, 09 seconds East, oriented with the Wabasha County Coordinate System, NAD 1983, 1996 adjustment, (HARN), along the south line of said of the Southeast Quarter, a distance of 298.00 feet; thence North 00 degrees, 05 minutes,46 seconds West, a distance of 65.00 feet; thence South 89 degrees, 54 minutes ,09 seconds West, a distance of 298.37 feet; to the West line of the Southeast Quarter; thence South 00 degrees, 25 minutes, 18 seconds East, a distance of 65.00 feet; to the point of beginning.

The total area of said easement is 0.44 acres, more or less, of which about 0.34 acres is existing easement.And,

That part of the Northwest Quarter of Northeast Quarter of Section 26, Township 108 North, Range 12 West, Wabasha County, Minnesota, described as follows;

Beginning at the northwest corner of the Northeast Quarter of said Section 26; thence North 89 degrees, 54 minutes, 09 seconds East, oriented with the Wabasha County Coordinate System, NAD 1983, 1996 adjustment, (HARN), along the north line of said Northeast Quarter, a distance of 173.00 feet; to the point of beginning; thence South 00 degrees, 05 minutes, 51 seconds East, a distance of 75.00 feet; thence North 89 degrees, 54 minutes, 09 seconds East, a distance of 325.00 feet; thence North 00 degrees, 05 minutes, 51 seconds West, a distance of 75.00 feet; thence South 89 degrees, 54 minutes, 09 seconds West, a distance of 325.00 feet; to the point of beginning.

The total area of said easement is 0.56 acres, more or less, of which about 0.42 acres is existing easement.

Now Therefore Be It Resolved by the Wabasha County Board of Commissioners that, the County Highway Engineer is hereby authorized to proceed to acquire the property as described above in accordance with applicable laws and statutes.

Adopted Unanimously

GOIHL-WOBBE

Resolution No.: 2016- 079

Whereas, the Wabasha County Highway Department has received proposals for herbicide application contract services; and

Whereas, the proposal from Barth Construction Inc. was the lowest proposal received per unit price.

Now Therefore be it Resolved that the Wabasha County Board of Commissioners hereby authorizes the County Engineer to purchase herbicide application contract services from Barth Construction Inc.

Adopted. Nay:Springer

GOIHL-HALL

Wabasha County Board Resolution 2016-093

Resolution authorizing the olmsted-wabasha lake zumbro joint powers board to borrow funds to support the lake zumbro improvement district dredging project, pledging the county’s general obligation support to the debt, and directing the transfer of service charges, special assessments, and any necessary ad valorem taxes to support the debt to olmsted county for the benefit of the joint powers board

Whereas, in order to meet the requirements to draw upon grant funding allocated by the State of Minnesota for the Lake Zumbro dredging project which requires proof of a local match, it is necessary for the Olmsted-Wabasha Lake Zumbro Joint Powers Board (hereinafter the “Joint Powers Board”) to secure these funds, and

Whereas, the Joint Powers Board has no designated staff and has no regular source of funding from Olmsted and Wabasha Counties and therefore has no financial reserves it can draw upon to provide this local match, and

Whereas, it is therefore necessary for the Joint Powers Board to be able to borrow a sum of money which will equal up to the total of the future assessments to be collected from benefited property owners who reside in the Lake Zumbro Improvement District ($1,617,000), the amount committed by Wabasha County to the project over a 5 year period ($100,000), and the amount committed by Olmsted County to the project over a 5 year period ($400,000) for a total of $2,117,000, to make the sum available to meet the grant local match requirements, and

Whereas, some parcels of real estate in the Lake Improvement District have been developed with buildings and other improvements while other parcels remain undeveloped, bare land. It is expected that once the lake has been dredged, some of the undeveloped parcels will become more attractive for residential and commercial development in the future. Current special assessments needed for the lake dredging project which will be due and payable over the next 10 years will be placed only on the developed parcels at this time. However, income from the undeveloped parcels will be needed to cover any deferred or delinquent assessments on the developed parcels if supplemental ad valorem property taxes to cover these costs are to be avoided or minimized, and

WHEREAS Olmsted County has offered to provide the necessary cash funds in return for a Promissory Note from, and a General Obligation Pledge of the Joint Powers Board and both Counties, and other agreed upon actions, and

WHEREAS the dredging of Lake Zumbro can commence when the local match funds are available and the State grant administration agreement is approved by the State.

THEREFORE BE IT RESOLVED by the Wabasha County Board (“County”) of Commissioners, to authorize the Olmsted-Wabasha Lake Zumbro joint of powers board to borrow funds to support the Lake Zumbro improvement district dredging project.

Adopted. Nay:Wobbe

WOBBE-GOIHL

Resolution Number: 2016-094

Appointment of Planning Commissioner Member

Whereas, Article 16, Section 4 of the Wabasha County Zoning Ordinances establishes a Planning Commission vested with the authority to conduct public hearings, the authority to order the issuance of some or all categories of conditional use permits, the authority to approve some or all categories of subdivisions of land, and the authority to approve some or all categories of planned unit developments; and

Whereas, The Wabasha County Planning Commission consists of five (5) members as per the Wabasha County Zoning Ordinance; and

Whereas, The Wabasha County Board of Commissioners appoints the members of the Board of Adjustment; and

Wheras, Kent Zarling has resigned from the Planning Commission and John Lubinski has been determined to be a replacement to fill the remainder of his term.

Now Therefore Be It Resolved, The Wabasha County Board of Commissioners appoints John Lubinski to the Wabasha County Planning Commission.

Adopted Unanimously

WOBBE-SPRINGER

Motion to adjourn

Adopted Unanimously

Agenda for this meeting

Video 1 of 1 (Direct)

 

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