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Minutes August 2, 2016

 Wabasha County Board of Commissioners

Meeting of August 2, 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, August 2, 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

SPRINGER-KEY

Motion to approve the agenda

Adopted Unanimously

Denise Anderson, Wabasha County Auditor Treasurer, requested a consensus that Gayle Gillespie be appointed as a replacement to Commissioner Mike Wobbe for the County Canvassing Board.

Consensus Given to appoint Mr. Gillespie

Public Forum Comments: Progressive Ag Project

SPRINGER-WOBBE

Motion to approve the consent agenda including the following:

Minutes: July 26th, 2016

Claims

Meal Vouchers

Per Diems

Donations: Accept $200 donation from Mr. and Mrs. Arthur Squires to Veterans Service Office

Adopted Unanimously

Motion by Springer to Deny the Conditional Use Permit, motion failed due to a second.

Motion to Approve Conditional Use Permit by Goihl, seconded by Key.

Resolution Number: 2016-185

Approval of Sell/Progressive Ag Conditional Use Permit Application

Whereas, on May 20, 2016 a Conditional Use Permit application was submitted by John & Lucille Sell for an agronomy center to be operated by Progressive Ag Center, LLC on parcel R02.00208.00 located in Section 23, Township 108 North, Range 12 West, Town of Elgin; and

Whereas, the Wabasha County Planning Commission conducted a public hearing on June 27, 2016 to provide an opportunity for the public to present any testimony related to the request; and

Whereas, the Wabasha County Board of Commissioner heard public comment on July 26, 2016, to allow individuals to express concerns related to the proposed agronomy center; and

Whereas, the Wabasha County Board of Commissioners agrees that mitigating factors to offset any concerns of the project can be addressed through conditions which is contrary to the recommendation by the Wabasha County Planning Commission.

Now Therefore Be It Resolved, the Wabasha County Board of Commissioners approves the Conditional Use Permit application for John and Lucille Sell for an agronomy center to be operated by Progressive Ag Center, LLC with the following conditions:

1. The applicant shall abide by all access/driveway requirements established by Wabasha County Highway Engineer Dietrich Flesch.

2. The agronomy center shall not store or handle ammonium nitrate at this facility.

3. The landowner shall abide by all representations and commitments presented in the application or presented to the Planning Commission.

4. All delivery trucks and customers shall be required to cover loads.

5. Dust control shall be provided for any portion of the gravel driveway.

Be It Further Resolved, the Wabasha County Board of Commissioners

bases its decision for the approval of the Conditional Use Permit request on the findings as follows:

1. The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted and will not substantially diminish and impair property values within the immediate vicinity.

2. The conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant to the area.

3. Adequate utilities, access roads, drainage, soil erosion control measures and other necessary facilities will be provided.

4. Adequate measures will be taken to provide sufficient off-street parking and loading space to serve the proposed use.

5. Adequate measures will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, so that none of these would constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result.

6. Other factors bearing on the public health, safety and welfare have been properly addressed and dictate approval of the conditional use permit.

Adopted 4-1 Nay: Springer

Presentation: Abby Mills, Wabasha County Extension

Presentation of 2016 Quarterly Financial Reports

Discussion: 2017 SEMMCHRA Levy Request

SPRINGER-WOBBE

Resolution Number: 2016-186

Hyde Park Holsteins, LLP Conditional Use Permit

Whereas, Hyde Park Holsteins submitted a Conditional Use Permit for the expansion of a feedlot to have a maximum capacity of 1658.6 animal units on parcel R07.00019.00 and parcel 07.00019.03 located in Sec. 4, T. 109 N., R. 13 W., Town of Hyde Park; and

Whereas, The Wabasha County Planning Commission conducted a public hearing on July 25, 2016 to provide an opportunity for the public to present any testimony related to the request; and

Whereas, The Wabasha County Planning Commission discussed the matter after the public hearing and with a vote of 5-0 recommends to the Wabasha County Board of Commissioners that the request be approved with three conditions.

Now Therefore Be It Resolved, the Wabasha County Board of Commissioners approves the Conditional Use Permit for Hyde Park Holsteins with the conditions as follows:

1. The number of animal units on the respective parcels shall be limited to 1,658.6.

2. The owners shall maintain compliance with the MPCA regulations that pertain to feedlots.

3. The construction of any new building or manure storage structure shall adhere to the setback requirements established in the Wabasha County Feedlot Ordinance or the Wabasha County Zoning Ordinance unless a variance is granted for any setback established in either ordinance.

Adopted Unanimously

SPRINGER-GOIHL

Resolution Number: 2016-187

Jason Folkert Conditional Use Permit

Whereas, Jason Folkert submitted a Conditional Use Permit to transfer the dwelling density from parcel R12.00326.00 to parcel R12.00280.00located in Sec. 27 & 34, T. 109 N., R. 12 W., Town of Oakwood; and

Whereas, The Wabasha County Planning Commission conducted a public hearing on July 25, 2016 to provide an opportunity for the public to present any testimony related to the request; and

Whereas, The Wabasha County Planning Commission discussed the matter after the public hearing and with a vote of 5-0 recommends to the Wabasha County Board of Commissioners that the request be approved with one condition.

Now Therefore Be It Resolved, the Wabasha County Board of Commissioners approves the Conditional Use Permit for Jason Folkert with the condition as follows:

1. A deed restriction to prohibit any dwellings shall be recorded on all of parcel R12.00326.00.

Adopted 4-0 Abstain: Key

HALL-KEY

Resolution Number: 2016-188

Paul Wingert Conditional Use Permit

Whereas, Paul Wingert submitted a Conditional Use Permit for a business to repair and service agricultural equipment and for the fabricating and welding of metal items on parcel R14.00083.00 located in Sec. 13, T. 108 N., R. 11 W., Town of Plainview; and

Whereas, The Wabasha County Planning Commission conducted a public hearing on July 25, 2016 to provide an opportunity for the public to present any testimony related to the request; and

Whereas, The Wabasha County Planning Commission discussed the matter after the public hearing and with a vote of 5-0 recommends to the Wabasha County Board of Commissioners that the request be approved with four conditions.

Now Therefore Be It Resolved, the Wabasha County Board of Commissioners approves the Conditional Use Permit for Paul Wingert with the conditions as follows:

1. Any structure utilized as part of the business shall meet all requirements of the Minnesota State building code before a Conditional Use Permit can be issued.

2. The applicant shall abide by all representations and commitments presented in the application or presented to the Planning Commission and shall adhere to all conditions as approved by the County Board.

3. A Subsurface Sewage Treatment System (SSTS), meeting all Wabasha County and MPCA State rules shall be approved, constructed, and shall have a Certificate of Compliance issued before any restroom facility is located in a building used as part of the business.

4. The Conditional Use Permit is granted solely for the use by Paul Wingert and is not transferable to any other individual.

Adopted Unanimously

KEY-HALL

Resolution Number: 2016-189

A Resolution to Opt-Out of Temporary Family Health Care Dwellings

Whereas, on May 12, 2016, the Governor of Minnesota signed into law Chapter 111 of the 89th Legislature of the State of Minnesota establishing definitions and requirements for Temporary Family Health Care Dwellings, which was introduced during the 2016 legislature session as Senate File 2555 and House File 2497; and

Whereas, Chapter 111 amends Minnesota Statute § 394 which regulates county permitting and zoning processes by establishing new rules for the placement of Temporary Family Health Care Dwellings on residential property; and

Whereas, Subdivision 9 of Minnesota Statute § 394.307 allows a county to “opt-out” of the regulations through the passage of a county board resolution; and

Whereas, The Wabasha County Planning Commission discussed the matter and with a vote of 5-0 recommends to the Wabasha County Board of Commissioners that the County opt-out of the requirements for Temporary Family Health Care Dwellings.

Now Therefore Be It Resolved, the Wabasha County Board of Commissioners elects to regulate Temporary Family Health Care Dwellings through already existing permitting standards of the Wabasha County Zoning Ordinance and pursuant to authority granted by Minnesota Statutes, Section 394.307, Subdivision 9 opts-out of the requirements of Minnesota Statute 394.307, which defines and regulates Temporary Family Health Care Dwellings.

Adopted Unanimously

SPRINGER-KEY

Motion to adjourn

Adopted Unanimously

Agenda for this meeting

Video 1 of 2 (Direct)

Video 2 of 2 (Direct)

 

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