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Minutes January 25, 2011
Wabasha County Board of Commissioners
Meeting of January 25, 2011
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, January 25, 2011 at 11:00 a.m. The meeting was called to order by Board Chairman Norman. The following Commissioners were present: Norman, Hall, Roschen, Wobbe. Absent: Harms
HALL - ROSCHEN
Motion to approve the agenda, and change LZID discussion item to action item.
Adopted Unanimously
Commissioners reported on meetings they attended. Administrator’s Update: February 10 – Regional Human Services, handout Cuts in state aid, handout Closed session February 1 meeting for union negotiations There was no comment during the public forum.
WOBBE - HALL
Motion to approve the consent agenda including the following: Claims Meal Vouchers SSIS Claims Minutes: January 18, 2011
Adopted Unanimously
HALL - ROSCHEN
Opened Public Hearing at 11:23 a.m. for the Application for Minnesota Small Cities Development Program.
Adopted Unanimously
ROSCHEN - WOBBE
Closed Public Hearing.
Adopted Unanimously
HALL - WOBBE
Resolution No.: 2011-024
Whereas, the Cities of Elgin, Hammond, Kellogg, Lake City, Mazeppa, Millville, Minneiska, Plainview, Wabasha and Zumbro Falls, along with the Wabasha County Board of Commissioners have recognized a common problem in providing safe and sanitary housing to the residents of Wabasha County, and;
Whereas, any income-eligible property owner whose property was affected by the September 23, 2010 flooding will be given the highest priority on the waiting list, and;
Whereas, a waiting list for housing rehabilitation has been developed by the Southeastern Minnesota Multi-County HRA, and this waiting list is distributed among the cities as follows;
City Housing            Waiting List
Elgin                     6
Hammond             0
Kellogg                 1
Lake City             10
Mazeppa              0
Millville                  0
Minneiska             0
Plainview             2
Wabasha             9
Zumbro Falls        0
Rural                    3
Total 31 and;
Whereas, Wabasha County and the SEMMCHRA have agreed to utilize recaptured Revolving Loan Funds for housing rehabilitation activities, individual cities and private lenders have committed funds to assist in housing, and;
Whereas, Wabasha County has been invited by the Department of Employment and Economic Development to submit a full aplication to provide housing rehabilitation as defined in the Small Cities Development Program Full Application, and such activities are to be completed within thirty (30) months of the project award.
Now Therefore Be It Resolved, that all of the undersigned Cities agree that Wabasha County is hereby designated as the official applicant/recipient for the Wabasha County 2011 Small Cities Development Program to be submitted on or before February 10, 2011,
Be It Further Resolved that the undersigned Cities recognize the need to deliver these funds on an equitable basis to the residents within the participating Cities and also in a timely manner to comply with the grant delivery requirements. To achieve the Owner Occupied Rehabilitation goals the County’s rehabilitation policies will provide that anyone adversely affected by the September 2010 flooding shall be given first priority. After April 30, 2012, the policies will allow applications for funds to be committed in from any location within Wabasha County may be processed and funds for owner rehabilitation. In the event that applications are not received from a City, the grant administration policies shall allow that individual applications hall be processed on a ‘first –come-first-served’ basis to assure that all grant funds are delivered within the approved grant period.
Be It Further Resolved that, if required by DEED, within two (2) months of grant award, the undersigned participating Cities will agree to a Cooperative Agreement for the above outlined rehabilitation program. Any Cities failing to agree to the Cooperative Agreement will become ineligible for participation under this rehabilitation program. Adopted by the City Councils of the following Cities: Elgin, Hammond, Kellogg, Lake City, Mazeppa, Millville, Minneiska, Plainview, Wabasha, Zumbro Falls.
Adopted Unanimously
WOBBE - HALL
Resolution No.: 2011-025
Be It Resolved that Wabasha County act as the legal sponsor for project(s) contained in the Business and Community Development Application to be submitted on February 10, 2011 and that the 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 Wabasha County.
Be It Further Resolved that Wabasha 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 Wabasha County has not violated any Federal, State or local laws pertaining to fraud, briery, 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, Wabasha County may enter into an agreement with the State of Minnesota for the above referenced project(s), and that Wabasha County certifies that it will comply with all applicable laws and regulations as stated in all contract.
Now, Therefore Be It Resolved that the 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(s) on behalf of the Applicant.
Adopted Unanimously
ROSCHEN - HALL
Resolution No.: 2011-026
Whereas, the County provides owner and encumbrance searches for property owners for a fee, and;
Whereas, flood victim owners of Commercial Property are required to obtain a County provided O & E search in order to obtain certain funding through HRA, and;
Whereas, the County Board has the authority to waive this fee for these financially strapped flood victims.
Now Therefore be it Resolved by the Wabasha County Board of Commissioners that the Recorder be authorized to waive the O & E fee for flood victims properties required for grants through HRA.
Adopted Unanimously
HALL - WOBBE
Resolution No.: 2011-027
Whereas, a the All-American Cooperative wishes to expand its facilities to adjacent lands surrounding its current premises; and Whereas, Wabasha County currently owns land that near the All-American Cooperative that could be utilized in a land swap agreement; and
Whereas, as All-American would like to acquire said property in exchange for another parcel of property that would allow Wabasha County to continue to utilize the trail that runs over the land owned by Wabasha County; and
Whereas, in order for All-American to be able to swap land with Wabasha County it would need to acquire other property; and
Whereas, on January 24, 2011, Wabasha County and All-American agree to swap the parcels of land within the next three months with the understanding that All-American would need to execute other acquisitions and obtain title abstracts of the lands to be exchanged; and
Now, Therefore be it Resolved that the Wabasha County Board issues the following findings of fact to enter in to an option contract with the All-American Cooperative:
1. Wabasha County finds it beneficial and in the County’s interests to swap land with the All-American Cooperative.
2. That both parties would like to complete such a transaction but acknowledge that there are preliminary matters that need to take place before a swap could be completed.
3. That Wabasha County and the All-American Cooperative agree to enter into an option contract which gives both parties 3 months to complete the land swap transaction.
Adopted Unanimously
HALL - ROSCHEN
Resolution No.: 2011-028
Whereas, a group of property owners within the proposed lake improvement district on Lake Zumbro have submitted a petition to the Wabasha County Board which conforms to the requirements set forth in Minnesota Statutes Section 103B.521, Subd. 1 and Minnesota Rule 6115.0970. Subp.1; and
Whereas, the citizen’s group which submitted the petition has provided a certified copy of the petition to the Commissioner of the Minnesota Department of Natural Resources and to the Minnesota Pollution Control Agency as required by Minnesota Rule 6115.0970, Subp. 2A; and
Whereas, on November 30, 2010, the Wabasha County Auditor verified the authenticity of the signatures on the petition; using the same original criteria, certified that 106 property owners on behalf of a possible 291 property owners in the Wabasha County portion of the proposed LID or 36% had signed the initial LID creation petition and notified the Wabasha County Board as required by Minnesota Statutes Section 103B.521, Subd. 2; and
Whereas, on November 9, 2010, the Director of Olmsted County Property Records and Licensing originally verified the authenticity of the signatures on the petition, certified that 193 property owners on behalf of the possible 294 property owners or 66% had signed the initial LID creation petition and notified the Olmsted County Board as required by Minnesota Statutes Section 103B.521, Subd. 2; and
Whereas, this initially meant that considering all of the parcels within the proposed LID in both counties, 299 property owners on behalf of a possible 585 property owners had signed the petition or 51% which was a majority of all property owners as required by Minnesota Statutes Section 103B.521, Subd. 1(b); and
Whereas, Wabasha County has, at least 21 days prior, provided notice of a public hearing on the petition to the DNR and the MPCA, all owners and residents within the proposed District, local and regional units of government, special purpose districts, development commissions, and corporations and utilities owning property within the proposed District and published notice of the public hearing in two successive issues of the Wabasha County Herald which is widely circulated in the proposed District and posted notice of the public hearing in the public buildings and leading commercial establishments in or near the proposed District as required by Minnesota Rule 6115.0970, Subp. 3; and
Whereas, the Wabasha County Board made the petition available for public viewing by concerned citizens at the Wabasha County Auditor/Treasurer’s Office as required by Minnesota Rule 6115.0970, Subp. 4; and
Whereas, the Wabasha County Board approved the petition requesting the creation of the Lake Zumbro Improvement District (LID) on November 30, 2010. However, Wabasha County has subsequently determined that there may be some inaccuracies in the signatures that were verified. These inaccuracies could lead to an amount of signatures that would be less than the required 50% by statute. In light of this, on January 25, 2011, the Wabasha County Board issued an order staying the establishment of the LID until a complete investigation can be conducted of the accepted petition signatures. The stay shall be lifted on February 28, 2011, should the required number of signatures for the petition to establish the creation of the Lake Zumbro Improvement district exceed the statutory requirement.
Now, Therefore be it Resolved that the Wabasha County Board issues the following findings of fact to stay the creation of the Lake Zumbro Improvement District;
1. Wabasha County finds it is necessary to stay the creation of the Lake Zumbro Improvement District to examine the sufficiency of petition signatures that were accepted to establish the Lake Zumbro Improvement District.
2. This stay shall be in effect until February 28, 2011, so as to allow the Wabasha County Auditor/Treasurer’s Office and the Wabasha County Attorney’s Office to review the signatures and property records of the accepted signatures.
3. Should it be found that a majority of the property owners within the District have properly signed the petition, the Lake Zumbro Improvement District shall establish on March 2, 2011.
Adopted Unanimously
ROSCHEN - WOBBE
Motion to adjourn.
Adopted Unanimously


 

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