Minutes March 20, 2018

 Wabasha County Board of Commissioners

Meeting of March 20, 2018


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 20, 2018 at 9:00 a.m.

The meeting was called to order by Board Chairperson Goihl.

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

SPRINGER-KEY

Motion to approve the agenda

Adopted Unanimously

Staff Updates:

  • Kevin Krause - Environmental Services
  • Jef Aitken - County Days, May 1, 2018

Public Forum:

  • Terri Peters - Wabasha County SWCD Update
  • Jeffrey Butts and Time Keane - Wabasha Solar CUP

KEY-SPRINGER

Motion to approve the consent agenda including the following:

Minutes: February 20, 2018

Claims

Meal Vouchers

Per Diems

Donations: Approve and accept $250 donation from Mr. and Mrs. Arthur Squires on behalf of the Veteran’s Service Office

Donations: Approve and accept $1,000 donation from Michael H. Collins on behalf of the Sherriff’s Office to be used for the K-9 program

Resolution No.: 2018-042

 

Whereas, Unit #001 was previously approved to be replaced and disposed of, and

Whereas, Unit #056 is considered in worse condition than #001. 

Now Therefore be it Resolved by the Wabasha County Board of Commissioners that,  Unit #056 is excess equipment and the Wabasha County Highway Department is authorized to dispose of Unit #056 by auction instead of previously authorized Unit #001. 

Resolution No.: 2018-043

 

Resolution Authorizing

2018 State of Minnesota DNR

Annual County Boat and Water Safety Grant

Contract #138164

Whereas, the Wabasha County Sheriff’s Office has been authorized to participate in the 2018 State Boat and Water Safety Grant; and,

Whereas, the Sheriff’s Office has received the 2018 contract which needs to be approved and signed by the Sheriff, County Auditor or County Administrator and County Board Chairperson; and,

Whereas, the Sheriff requests the approval and signing of the 2018 State of Minnesota (DNR) Annual County Boat and Water Safety Grant Agreement by the County Administrator and Chairman of the County Board.

Now Therefore be it Resolved by the Wabasha County Board of Commissioners that: the 2018 State of Minnesota (DNR) Annual County Boat and Water Safety Grant Agreement is hereby approved and authorizes it’s signing by the County Administrator and Chairman of the County Board.

Resolution No.: 2018-044

 

 Amend Resolution #2018-031- Authorization to Purchase Dispatch Copier

Whereas, the Wabasha County Sheriff’s Office requested authorization to purchase a copier for Dispatch from Laser Product Technologies in the amount not to exceed $3,724 from E911 funds.

Whereas, this purchase was approved by Resolution #2018-031 on February 6, 2018.

Whereas, we are requesting an amendment to Resolution #2018-031 to use Gun Permit funds instead of E911 funds.

Now Therefore be it Resolved by the Wabasha County Board of Commissioners that,

Resolution #2018-031 is amended to authorize the purchase of a copier for Dispatch from Laser Product Technologies not to exceed $3,724 using Gun Permit funds.

Adopted Unanimously

SPRINGER-KEY

Resolution No.: 2018-045

 

Whereas, the County Board of Commissioners of the County of Wabasha, State of Minnesota, desires to offer for sale to the public, parcels of land that has forfeited to the State of Minnesota for non-payment of property taxes as listed on attached Tax Forfeited Land List 2017; and

Whereas, the County Board of Commissioners must determine the appraised value of the forfeited property to be sold.  The sale price cannot be less than the appraised value.

Now Therefore be it Resolved by the Wabasha County Board of Commissioners hereby approves the appraised value on the Tax Forfeited Land List 2017.

Adopted Unanimously

SPRINGER-KEY

Resolution No.: 2018-046


Whereas, parcels of land has forfeited to the State of Minnesota for non-payment of taxes; and

Whereas, the Wabasha County Board of Commissioners desires to sell the parcels at a public auction.

Be it Resolved by the Wabasha County Board of Commissioners that: the parcels of tax forfeited land listed on Tax Forfeited Land List 2017 be classified as non-conservation land; that the basic sale price of each parcels on the Tax Forfeited Land List 2017 be approved and authorization for a public sale be granted; pursuant to M.S. 282.01; that the sale will be held at 9:00 a.m., Tuesday, April 10, 2018 by the Wabasha County Auditor/Treasurer in the Commissioner’s Room of the Wabasha County Courthouse, for not less than the basic sale price; and that the sale be cash/money order/check only;  that the County Auditor/Treasurer  is hereby directed to publish a notice of sale as provided by law.

Be it Further Resolved, that the conditions and terms of the public sale shall be as described in the list contained here-in and approved by the Wabasha County Board of Commissioners.

Now Be it Further Resolved, that the Wabasha County Auditor/Treasurer will have an Open House on Monday, April 9, 2018, 9 am – 10 am at the property address of 318 Main St E, Wabasha and on Monday, April 9, 2018, 11 am – 12 pm at the property address of 204 N 7th St, Lake City,   for interested buyers to view the inside of the properties.


Adopted Unanimously

SPRINGER-WOBBE

Resolution Number: 2018-047

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 2018 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
  6. Sunshine Sanitation

Adopted Unanimously

SPRINGER-WOBBE

Resolution Number: 2018-048

Mark Jensen Conditional Use Permit 

WHEREAS, Mark Jensen applied for a Conditional Use Permit for the expansion of a campground on parcels 06.0056.06, 06.00050.03, 06.003289.00, 06.006.03, and 06.00075.03  located in Sections 5, 6, & 7, Township 109 North, Range 11 West, Town of Highland; and

WHEREAS, The Wabasha County Planning Commission conducted a public hearing on February 26, 2018 to provide an opportunity for the public to present any testimony related to the request; and

WHEREAS, The Wabasha County Planning Commission considered all relevant information and on a vote of 5-0 recommends to the Wabasha County Board of Commissioners that the request be denied based upon six findings.

NOW THEREFORE BE IT RESOLVED, the Wabasha County Board of Commissioners denies the Conditional Use Permit for Mark Jensen based upon the findings recommended by the Wabasha County Planning Commission as follows:

  1. The CUP has the potential to impede normal and orderly development since a study was not conducted to determine if the fill for the roads placed in the floodway would cause any increase in the stage of the regional flood elevation as per Article 14, Section 5, Subd. 5 of the Wabasha County Zoning Ordinance.
  2. MN Rules Chapter 4630.0200 requires that no portion of a campground shall be located in an area subject to flooding.
  3. West Indian Creek is a designated trout stream.  Significant stream restoration and habitat enhancement activities have been completed by The Hiawatha Chapter of Trout Unlimited since 2011 within the 132’ Aquatic Management Area Easement.  The applicant has not provided documentation that would show how soil erosion and other possible pollution of public waters would be prevented both during and after construction as required by Chapter 13.12 of the Wabasha County Zoning Ordinance.
  4. The expansion being located in a floodway poses a greater risk to the health and safety of the public than a campground located outside of a floodway.  The emergency evacuation plan is insufficient to protect the public from any such risks associated with flooding.  There is nothing mentioned as to how the public would be notified when a flood is eminent.  Also, there will be limited time and resources to remove man-made items from the floodway in the event of a flood so as to prevent any obstruction to flow.
  5. The Minnesota DNR provided a letter that also recommends the CUP should be denied based upon various factors.

 The expansion if approved would be a potential liability to Wabasha County in the event that there would be a loss of life or property due to flooding. 

Adopted Unanimously

KEY-SPRINGER

Resolution Number: 2018-049

Wabasha III, LLC Conditional Use Permit 

WHEREAS, Wabasha Solar III, LLC on behalf of Community Energy Solar, LLC applied for a Conditional Use Permit for the construction and operation of a community solar garden on parcel 05.00286.00 located in Section 27, Township 110 North, Range 10 West, Town of Greenfield; and

WHEREAS, The Wabasha County Planning Commission conducted a public hearing on February 26, 2018 to provide an opportunity for the public to present any testimony related to the request; and

WHEREAS, The Wabasha County Planning Commission considered the findings as required in the Wabasha County Zoning Ordinance and on a vote of 5-0 recommends to the Wabasha County Board of Commissioners that the request be approved with eleven conditions.

NOW THEREFORE BE IT RESOLVED, the Wabasha County Board of Commissioners agrees with the findings from the Planning Commission and approves the Conditional Use Permit for Wabasha Solar III, LLC with the eleven conditions as follows:

  1. The project shall be undertaken only in accordance with the plans and specifications as submitted in the application or as outlined in these conditions.
  2. The County may enter onto the premises at reasonable times and in a reasonable manner to ensure the permit holder is in compliance with the conditions and all other applicable ordinances.
  3. A wetland delineation shall be submitted to and approved by the Wabasha WCA Technical Advisory Panel prior to the start of any construction activity.  No solar panel or utility line shall be located in any area mapped as a wetland.
  4. The applicant shall post a bond or issue an irrevocable letter of credit in the amount of $25,000 per megawatt to cover the costs of decommissioning and site restoration upon project termination.  Upon expiration/revocation of this permit or voluntary termination of the project, the permittee shall dismantle and remove from the site all solar panels, mounted steel posts and beams, inverters, transformers, overhead and underground cables, buildings and foundations, and roads.
  5. Except for designated roadways, the project area shall be re-vegetated as a low-growing, pollinator friendly native prairie.  The vegetation in the project area shall be maintained to promote the pollinator friendly native prairie and to limit any noxious weeds or other undesirable plants such as any cool season grasses.  A seed mix and maintenance plan for the native vegetation shall be approved by the Zoning Administrator prior to the start of any construction. 
  6.  Construction shall be limited to daytime working hours.
  7. Existing natural screening shall be maintained on the property so as to provide a visual screen to any home located within 1,000 feet of the project.
  8. Testing for stray voltage that is a result of the project shall be conducted by a third-party consultant at the start of operation and shall be completed annually for three years.  After that point, it shall be completed once every three years.  The results from such testing shall be submitted to the Wabasha County Zoning Department within 30 days of testing.  The costs for such testing shall be paid for by the developer.
  9. The solar modules shall be limited to a single axis tracking system.
  10. Dust will be managed during the construction phase of the project.

The developer shall enter into a road agreement with Greenfield Township to ensure restoration of 630th Street in the event the road is damaged during construction of the solar garden.


Adopted Unanimously

Finance: Presentation Regarding Centralized Finance

Commissioners reported on meetings they attended

SPRINGER-HALL

Motion to adjourn

Adopted Unanimously


Agenda for this meeting

Video 1 of 1 (Direct)

 

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