WASECA COUNTY BOARD OF COMMISSIONERS APRIL 19, 2005

Transcription

1 WASECA COUNTY BOARD OF COMMISSIONERS APRIL 19, 2005 The Waseca County Board of Commissioners met in regular session on Tuesday, April 19, 2005, in the Commissioner s Room, East Annex, City of Waseca, Minnesota. Commissioners present were Al Ruhland, Chairperson; Rick Morris, Richard Androli, Jim Peterson and Wendell Armstrong. Al Ruhland, Chairperson, called the meeting to order at 9:30 a.m. The Pledge of Allegiance was recited. Others present were Bruce Kimmel, Springsted; Margaret Sinn, Historical Society; Brad Milbrath, Deputy Sheriff; Tim Dann, Sheriff; Ron Fiscus, PlanScape Partners for the Ethanol Plant; Angie Knish, Planning and Zoning Administrator; Larry Collins, County Attorney; Clinton Rogers, City of Janesville Administrator; Deanna Bendix, News Reporter; Joan Manthe, Auditor; and Marilyn Wilkus, Coordinator Secretary. Armstrong moved and Androli seconded the motion to approve the agenda as presented. Motion carried unanimously. Joan Manthe, Auditor, introduced Tammy Wynkoop, new Technical Clerk in the Auditor s Office, to the Commissioners. The Commissioner s welcomed her to Waseca County. Bruce Kimmel, Springsted, Inc., presented proposed terms for tax abatement bonds and subordinate loan for the U.S. Bio Ethanol plant near Janesville. The next step will be to work out the details of the loan agreement and start working with scenarios for the tax abatement project and more details about JOBZ, if that is used by U.S. Bio. Peterson moved and Androli seconded the motion to acknowledge that they have received the proposed terms for the issuance of Taxable General Obligation Tax Abatement Bonds and the terms to grant a subordinate loan from the County to the Developer to finance a portion of the U.S. Bio Janesville Ethanol Facility and that the board agrees with these terms. Motion carried unanimously. Brad Milbrath, Deputy Sheriff, presented an agreement among the Federal Communications Commission, MN State Historic Preservation Officer, and Millennium Telecom for the implementing of a plan to preserve the historic properties of preserving the Waseca County Courthouse, which is listed in the National Register of Historic Places, and the recent construction of the 180 telecommunications tower near the Courthouse. Margaret Sinn, director of the Waseca Historical Society, was also present. Brad reported that Tri-Leaf will work with Millennium Telecom to develop a historic landscape plan for the courthouse grounds. Armstrong moved and Peterson seconded the motion to authorize the chairperson to sign the Memorandum of Agreement, as presented. Motion carried unanimously.

2 Waseca Fire Department Chief, Gary Conrath, and Sheriff Tim Dann requested more space in the garage at the Public Health building for the Parks Dept in return for emergency equipment from the Sheriff s Office and EOC be based in Woodville Hall. The Emergency equipment would be tested and serviced monthly by the Waseca Fire Dept. in exchange for the space at the Public Health building. This matter will be handled by the Building Committee and include Bob Breck, Maintenance Supervisor. Brad Milbrath reported that the road signs for 420 th Ave are constantly missing and the suggestion is being made to change the name of the street to 421 st Ave. The commissioners set May 17, 2005 at 10:00 A.M. as a public hearing to discuss changing the Ave. name to 421 st Ave. Brad Milbrath will be sending notice to the 20 residence that have 420 th Ave as their addresses. A request was made to purchase equipment for one of the new squad cars. The equipment was not budgeted because a squad car had major engine problems and it was not one that was to be traded this year. Armstrong moved and Androli seconded the motion to purchase a cage for $400, radar unit for $2,000 and Camera for $3,600. Motion carried unanimously. A request was made to purchase 8 Taser Guns from Uniforms Unlimited at a cost of $800 each and to also purchase a computer program to keep the history of Taser use. Peterson moved and Androli seconded the motion to authorize the purchase of 8 Taser Guns and history computer program for a total cost of $6580. Motion carried unanimously. A donation of $ will be received each month for 6 months from the Eagles toward this equipment. A request to enhance the County Fire Channel for use from portable to portable in buildings was made to the commissioners. It would also be a back up channel for Law Enforcement if something would happen to their main channel. Plus it would give added communication when a large incident happened in Waseca County for all Fire Departments and Ambulance service. A quote has been received from Whitewater for $32, Armstrong moved and Androli seconded the motion to table this matter until May 17, Motion carried unanimously. Milbrath explained that the Varda Alarm System the county currently has is broken and requested a new purchase, as the alarm system is widely used. Armstrong moved and Morris seconded the motion to authorize the Sheriff to purchase a Varda Alarm System from Varda Company for $3, Motion carried unanimously. Brad talked about the security needs in the Law Enforcement Center and EOC. He requested two security doors be installed on the upstairs hallway of the Security Building and the West Entrance door, which leads to the EOC. Two quotes had been received. Armstrong moved and Androli seconded the motion to purchase the security door from Total Glass in the amount of $4, Motion carried unanimously.

3 Recently Waseca County entered into an agreement with the South Central Drug Task Force to receive assistance when the SWAT team is needed. Upon recommendation from the Sheriff, Armstrong moved and Morris seconded the motion to appoint two Waseca County Deputies to serve on the South Central SWAT Team. Motion carried unanimously. Androli moved and Armstrong seconded the motion to authorize two deputies to attend an Agro Terrorism Symposium in Kansas City, MO. Motion carried unanimously. Morris moved and Androli seconded the motion to authorize two deputies to attend a MOCIC conference in MO later in the summer. Motion carried unanimously. Marilee Reck, Human Services Director, presented the Income Maintenance report, Fiscal/ Child Support report, Children s services and Adult DD services reports. Marilee presented the following contracts and received board approval. Androli moved and Armstrong seconded the motion to approve the FSET modification with MVAC to add supplemental funding and increased funding available with the total contract not to exceed $9, Motion carried unanimously. Morris moved and Androli seconded the motion to approve the MN Valley Action County contract to provide MFIP employment services from thorough not to exceed $158, Motion carried unanimously. Androli moved and Morris seconded the motion to approve DT &H redetermination of need with the recommendation that there are no changes to the current level of service provided in Waseca County. Androli moved and Armstrong seconded the motion to approve members to the pre-petition screening team which functions to determine if a person meets the criteria for potential commitment as chemically dependent or mentally ill. Motion carried unanimously. Marilee explained the CREST Mental Health Initiative. Ruhland moved and Morris seconded the motion to authorize the Human Services Director to proceed with the jail diversion grant application. Motion carried unanimously. Angie Knish, Planning and Zoning Administrator, presented an application for a conditional use permit for John Snow requesting a planned unit development for 17 lots for single family residential use in Section 10, Woodville Township. Morris moved and Armstrong seconded the motion to approve the CUP for John Snow with the 7 following conditions. The motion carried unanimously. 1. There shall be a buffer zone along any lots bordering land used for agricultural purposes that shall be no less than 10% of the depth of each affected lot.

4 2. The developer shall work with the Waseca County Soil Water Conservation District to create this vegetative buffer zone. 3. New Trees: All tress to be located in any lots bordering land(s) used for agricultural purposes shall be planted/and or established no less than 50- feet from a lot line. 4. The developer shall work with the affected township regarding tile for the road. 5. If applicable, the owner(s)/applicant(s)/developer(s) shall obtain a NPDES storm water permit from the Minnesota pollution control agency for disturbance of one acre or more of land depicted in the maps submitted for this Conditional Use Permit, and 6. The well(s) and residence shall be 200 feet from the lot lines of lands bordering property that is used for agricultural purposes. 7. Existing field tile and/or lines, even unknown, shall be properly maintained and/or rerouted so they are functional. The Planning Commission held a public hearing on accessory dwelling units. Armstrong moved and Morris seconded the motion to adopt Waseca County Ordinance No. 87. The motion was carried by the unanimous vote of all members. The following is the ordinance. WASECA COUNTY ORDINANCE NO. 87 THE WASECA COUNTY BOARD OF COMMISSIONERS ORDAINS; Waseca County Zoning Ordinance No. 76 shall be amended as follows: SECTION 11 ACCESSORY DWELLING UNITS Subdivision 11.1 Purposes and Intent The purpose of creating this Section of the Ordinance is to allow for the creation of Accessory dwelling unit (ADU) housing alternatives for persons with disabled and/or elderly family members or unrelated persons that can demonstrate a need for semiindependent living situations. An ADU is not designed or intended to conflict with the purpose and intent of a specific zoning district nor act as an alternative to increase the residential dwelling density of the Agricultural A or Urban Expansion Residential R- 1 Districts of Waseca County. ADUs are not allowed in Highway Commercial (Business) B, Industrial I, or Minnesota Agricultural Interpretive Center MAIC districts. ADUs are independent housing units created within single-family homes or on their lot or parcel. ADUs are to assist senior homeowners and others with impaired or limited intellectual or physical abilities in maintaining their independence. ADUs can offer benefits which may include additional income to offset property taxes and the costs of home maintenance and repair. Other potential benefits include companionship, the

5 opportunity to negotiate for home maintenance or personal services in return for reduced rents, and increased personal security. Changing demographics American families are growing in number but shrinking in size. People are living longer, more people are staying single longer, and married couples are having fewer children. The housing stock has not kept up with this change in family demographics. In some communities, the need for housing, especially for people with special physical and financial needs, has become acute. Underused space in single family houses is one of the nation s largest untapped housing resource. Changing economics Not only is the family size changing, but so are the economic circumstances of families. As the population ages, many senior people find themselves living in their family homes alone. They may need additional income to pay for health care services, cover home maintenance costs, or make mortgage payments. Others may want a family member or a caretaker to live nearby while maintaining privacy for both parties. Changing community goals Many communities have recognized the need to stabilize or increase population densities in certain areas in order to maintain the existing public infrastructure, services, and tax base. One approach to meeting these needs is to allow or even encourage the development of accessory dwelling units (ADUs). ADUs are constructed as either apartments or cottages, and the term ADU are used in this ordinance to include both types of accessory units. The relationship of the ADU to the single-family home, or the principal dwelling unit, determines the type of ADU. An accessory apartment is built within the principal dwelling unit, whereas an attached accessory cottage is physically connected to that dwelling unit. A detached accessory cottage is located on the same lot or parcel as the principal dwelling unit but is not physically connected. ADUs offer the potential for assisting senior homeowners and others with impaired or limited intellectual or physical abilities in maintaining their independence. Income from an ADU can offset rising property taxes, maintenance and repair costs and other housing expenses that can be a burden for senior homeowners. ADUs shall to be owner occupied, either in the accessory unit or the principal unit. Owner-occupant ADUs are found to be better maintained and it prevents deterioration of neighborhoods. Subdivision 11.2 Definitions For the purpose of this Ordinance, the terms, phrases and words defined in this Section shall have the meanings given them herein.

6 1 Accessory Dwelling Unit (ADU) - means an additional, self-contained housing unit that is secondary to the main dwelling for one or more persons. ADUs are sometimes referred to as Granny flats, Secondary units, Single-family conversions, Garage apartments", or In-law apartments since many were initially constructed to provide for family members. ADUs can take many forms. In some cases, an ADU can be attached as an addition to the house or as a second story over a garage. The garage itself may be converted to an ADU or the ADU may occupy a basement if the applicant provides proof that basement and garage ADUs conform to fire and building code requirements. An ADU can even be a section of the main house that has been separated from the main living space. An ADU can be a stand-alone unit like a small house or cottage. The ADU shall include permanent provisions for on the same parcel as the single-family dwelling it accompanies. For ADUs, the owner shall reside in either the ADU or the principal dwelling unit. 2 Accessory cottage - means a type of ADU that is a house built or placed permanently on the same lot or parcel as the single-family dwelling. An accessory cottage may be attached or detached from the dwelling but is not built within the principal dwelling. 3 Accessory apartment means a type of ADU that is created by converting part of, or adding on to an existing detached single-family dwelling, or by building a separate unit into a new single-family dwelling. 4 Lineal Family means the members of a lineal family shall include: direct lineal descendants (children, grandchildren, and great grandchildren), direct lineal ascendants (father, mother, grandfather, grandmother) and spouses. 5 Owner-occupancy - means either the principal dwelling unit or the accessory dwelling unit must be occupied by an owner of the property. Owner occupancy is defined as a property owner, as reflected in title records, who makes his or her legal residence at the site, as evidenced by voter registration, vehicle registration, or similar means and actually resides at the site more than six (6) months out of any given year. 6 Requirements a) Platted and Subdivided areas - Any area created by subdivision and plat and filed within the Office of the Waseca County Recorder shall require a conditional use permit for the permitting of an ADU. An ADU shall not be allowed where it may violate a subdivisions private covenants and/or restrictions. b) Lot size - ADUs may be developed on lots meeting the minimum lot size for single-family dwellings for the respective zoning district, except that detached accessory cottages may be developed only if the lot size is 150% of the singlefamily dwelling lot size provided that Individual Sewage Treatment System requirements, listed below can be met and/or exceeded. Exception: In

7 shoreland Overlay districts, the lot size shall be 200% of the single-family dwelling lot size provided that Individual Sewage Treatment System requirements listed below can be met and/or exceeded. c) Lot Standard: Occupied by a Dwelling Unit The lot proposed for an ADU shall contain an existing single-family dwelling unit. d) Accessory Dwelling Unit size In no case shall an ADU be more than 40% of the living area of a principal dwelling unit, nor more than 800 square feet, nor less than 300 square feet nor have more than two bedrooms. Exception: For disabled persons of child-bearing age, the maximum size can be no more than 1,000 square feet and allow up to 3 bedrooms without variance. A garage or portion of a garage that is used for storage of automobiles and personal items, shall not calculated as part of the living area and shall not contain any inhabitable space. For the purposes of ADU s over a garage only the habitable portion shall be calculated for ADU size requirements. e) Amenities An ADU shall not contain more than two bathroom, one kitchen (with or without eating area), one utility room, two bedrooms, and one living area or combination living and dining room. Exception: For disabled persons of child-bearing age, the ADU may contain no more than three bedrooms, without variance. f) Screening and Orientation The orientation of the proposed ADU shall, to the maximum extent practical, maintain the privacy of residents in adjoining dwellings as determined by the physical characteristics surrounding the ADU, including landscape screening, fencing, and window and door placement. g) ADU location on lot or parcel The ADU must be located in the side or rear yard of the principal dwelling unit and separated by at least 20 feet from the principal dwelling unit, but not more than 150 feet. The ADU shall be separated by at least 20 feet from all other structures on the subject property. The ADU shall meet or exceed the front, side and rear yard setbacks of the governing zoning district. h) Subdivision A detached ADU shall not be subdivided or otherwise segregated in ownership from the principal dwelling unit. The ADU shall not be intended for sale. It may be rented. It may be removed from the subject property. i) Occupancy standards Owner of Premises A lot or parcel of land containing an ADU shall be owner occupied. The owner may live in either the ADU or the principal dwelling unit. Before securing approval for construction of an ADU, the owner shall record against the deed to the subject property, a deed restriction running in favor of the municipality limiting occupancy of either the principal dwelling unit or the ADU to the owner of the property. Proof that such a restriction has been recorded shall be provided to the Zoning Administrator prior to issuance of the zoning permit. The number of occupants of the ADU shall be three (3) with the exception of others with impaired or limited intellectual or physical abilities of child-bearing years, and then the maximum occupants of an ADU shall be 5 and shall be lineal family.

8 j) Driveway A detached ADU shall be served by the same driveway that serves the principal single-family dwelling unit. An exception shall be made when the unit is easily and more conveniently accessed from a different road or street than the principal single-family dwelling unit due to the ADUs location on a doublefrontage lot or close proximity to a side street or alley. k) Parking area two off-street parking spaces are required for each ADU. l) Shoreland Overlay Impervious Surface - The impervious surface created by all proposed building shall conform to the maximum lot coverage of the Shoreland Overlay District. m) Other regulations - The ADU shall comply with all other local and state regulations. n) Fees The zoning permit fee shall be established by resolution of the County Board. ISTS requirements: As regulated by Section 17, Waseca County Zoning Ordinance. Density limits The Zoning Administrator may issue a permit for an ADU if the total number of permits has not exceeded ten (10) When this number is exceeded, the Zoning Administrator shall report to the Waseca County Board of Commissioners that the number is exceeded, and that body shall review the ADU ordinance for its continuance, amendment or repeal. Each parcel of land and/or landowner is limited to one (1) ADU. Any existing illegal ADU Will not be subject to any enforcement action if an application to legalize the ADU is submitted within 6 months of the adoption of these regulations. The pre-existing ADU must conform to the provisions of this Section of the Ordinance. Elimination/Expiration - Elimination of an accessory dwelling unit may be accomplished by the owner recording a certificate with the Waseca County Recorder s Office stating that the accessory dwelling no longer exists on the property. Variance Variances to this Section shall require variance approval as outlined in Section 21, Board of Adjustment of the Waseca County Zoning Ordinance. Violations Any violation of any provision hereof is a criminal violation under Section 26, Violations, Penalties and Enforcement of the Waseca County Zoning Ordinance. EFFECTIVE DATE: This Ordinance shall become effective this 19 day of April by the order of the Waseca County Board of Commissioners. The next item is a housekeeping matter to place in ordinance form parcels approved for rezoning by the Waseca County Board of Commissioners. Morris

9 introduced the following resolution and moved for its adoption. Armstrong seconded the motion and it was adopted by the unanimous vote of all members. RESOLUTION Whereas, Waseca County Zoning Ordinance No. 75, Section 22, sets for the requirements and process for amendments and rezoning, and Whereas, The County Board may by ordinance, amend, or add to the regulations of this Ordinance, whenever the public necessity, convenience, general welfare or good land use policy require such amendment, in accord with the applicable provision of Minnesota Statutes to , and Whereas, The following individuals submitted applications for rezoning and those applications were accepted, proper public notice was given by public newspaper of time and place, a public meeting was held, and the Board of Commissioners granted approval of the following requests (see the table below); and Applicant Date of application John Matz October 20, 2000 Ralph & Duane Baumgartner and Bob Burns August 24, 2001 John Zander November 26, 2001 Amendment Request Rezone A to R-1 Sec. 3 & 4 Woodville Township Rezone A to B-1 Sec. 34, Janesville Township Rezone A to I Sec. 3 & 4, St. Mary Township Public Hearing Held: November 16, 2000 September 20, 2001 December 20, 2001 County Board Approved: November 21, 2000 October 2, 2001 January 8, 2002 Whereas, MN Statutes, 375 requires that every county ordinance shall be enacted by a majority vote of all members of the County Board unless a larger number is required by law; and Whereas MN Statute 375, requires that every county ordinance shall be signed by the chair of the board and attested by the clerk of the board; and Whereas, proof of the publication shall be attached to and filed with the ordinance in the Office of the County Auditor; and

10 Whereas, every ordinance shall be recorded in an ordinance book in the office of the County Auditor within 20 days after its publication; and Whereas, a notice of intention to enact an ordinance shall be published in the official newspaper of the county not less than 10 days before the meeting or public hearing required. Public hearings may be continued from time to time and additional hearings may be held. Proof of the public notice shall be filed with the ordinance, if enacted, in the office of the county auditor. Whereas, the official zoning map is required to be updated and to reflect any zoning district change by Ordinance and; Whereas, every ordinance enacted by the county board shall be published at least once as part of the proceedings of the meeting at which the ordinance was enacted. Publication shall be made in the official newspaper of the county but additional publications, either in the official newspaper or other newspaper may be ordered; and Whereas, public meetings were held regarding the matter of rezone for the abovelisted three applicants, and Whereas, the County Board approved the rezone request as listed above; and Whereas, a rezone is an amendment to the official zoning map and shall be put in the format of an ordinance; and NOW THEREFORE BE IT RESOLVED that the County Board will proceed to enact Waseca County Ordinance No. 86. A Notice of intention shall be published in the official newspaper and the Waseca County Board of Commissioners shall consider Ordinance No. 86 at their regularly scheduled Board meeting of April 19, Upon adoption of the foregoing resolution, Morris moved and Armstrong seconded the motion to adopt Ordinance No. 86. Motion carried unanimously. The Ordinance reads as follows: WASECA COUNTY ORDINANCE NO. 86 THE WASECA COUNTY BOARD OF COMMISSIONERS ORDAINS; Waseca County Zoning Ordinance No. 76 shall be amended as follows: 1) The following parcel shall be rezoned from A Agricultural to R-1 residential: Deed Record No. 52, page 441 for the following three parcels: PID # , 3 acres, N Ac. of Lot 5 ex land W of CSAH #4

11 And PID # , acres described as: Government Lot Six (6) and Government Lot Seven (7) except that parcel described as beginning at a point at the intersection of the North line of said Government Lot Seven (7) and the East line of the State Aid Road located in said Government Lot Seven (7), now known as State Aid Road 4, thence Southeasterly along said East line of said State Aid Road 4 a distance of 200 feet, thence East a distance of 435 feet, thence North to the North line of said Government Lot Seven (7), thence West along the North line of said Government lot Seven (7) to the point of beginning, all in Section Three (3) Township One Hundred Seven (107) North, Range Twenty-two (22) West, in the County of Waseca, State of Minnesota. And Beginning at a point in the South line of said Government Lot 6, Section 3, a distance of feet easterly of the Southwest corner of said Government Lot 6 (for the purposes of this description bearings are assumed and based on said South line being North East); thence North West, feet; thence North West, feet to a point designated as Point A: thence continue North West, feet; thence North West, 62.96feet; thence North West, feet to a point designated as Point B; thence continue North West, feet; thence North West, feet; thence South West, feet; thence North West, 34.17feet; thence South West, feet; thence North West, feet; thence north West to a point in the West line of said Government Lot 5, Section 4 and there terminating; said strip to terminate in said South line of Government Lot 6, Section 3 and said West line of Government Lot 5, Section 4; together with a strip of land feet in width lying easterly, northeasterly and northerly of, adjacent to and contiguous with that portion of the above described line beginning at said Point A and terminating at said Point B. 2) The following parcel shall be rezoned from A Agricultural to B-1 Highway Commercial (Business) District: The westerly five (5) acre portion of PID # , in the Northeast Quarter (NE1/4) of the Southeast (SE1/4) Section 34, Janesville Township and further described as 5 acres lying East of County Road 53; lying South of US Highway 14; and North of DM&E Railroad Right-of-Way. 3) The following parcel shall be rezoned from A Agricultural to I General Industrial: All that part of the SW1/4 of Section 3, Township 107 North, Range 23 West lying South of the Southerly right of way line of Chicago and Northwestern Railroad and North and West of centerline of County Ditch No. 38, and described as: Commencing at the SW corner of said SW1/4; thence North 0 East39.77 feet along West line of said SW1/4 to a point on centerline of said ditch, said point being the True Point of Beginning, said point also being on arc of circle, the center of said

12 circle being South East feet therefrom; thence North 0 East feet along West line of said SW1/4 to point on Southerly right of way line of said railroad, last said point being 50 feet from centerline of said Railroad measured at 90 thereto, thence South East feet along said right of way line to centerline of said ditch; thence South West feet along centerline of said ditch to beginning of arc of circle; the center of said circle being North West feet therefrom; thence Southwesterly along centerline of said ditch and arc of said circle feet to end of said arc; being South West feet from beginning of said arc; thence South West feet along centerline of said ditch to beginning of arc of circle, the center of said circle being North West feet therefrom; thence Westerly feet along centerline of said ditch and arc of said circle to end of said arc, being South West feet from beginning of said arc; thence South West feet along centerline of said ditch to beginning of arc of circle; thence Westerly along centerline of said ditch and arc of said circle feet to said True Point of Beginning being South West feet from beginning of said arc, said bearings being assumed, containing acres, more or less. AND: All that part of the SE1/4 of Section 4, Township 107 North, Range 23 West, Waseca County, Minn., described by: Commencing at the SE corner of said SE1/4 ; thence N 0 00 E, assumed bearing, feet along the East line of said SE1/4 to a point on the centerline of County Ditch No. 38, last said point being the True Point of Beginning; thence Southwesterly along the centerline of said Ditch and along a no tangential curve concave to the Southeast, central angle radius feet, chord S W 50.27feet, arch length feet; thence S W feet to a point, last said point being 700 feet Southwesterly measured perpendicular to the Southerly right of way line of the Chicago and Northwestern Railroad; thence N W feet along a line parallel with the Southerly right of way line of said Railroad; thence N E feet; thence Northwesterly along no tangential curve concave to the Northeast, central angle , radius feet, chord N W feet, arch length feet; thence N W feet; thence Northwesterly along a tangential curve concave to the Southwest, central angel , radius feet, arc length feet to a point on the Southerly right of way line of said Railroad; thence S E feet along the Southerly right of way line of said Railroad to the East line of said SE1/4; thence S 0 00 E feet to said True Point of Beginning. Containing 6.14 acres, more or less. Subject to easements and restriction of record, if any. EFFECTIVE DATE: This Ordinance shall become effective this 19th day of April, 2005, by the order of the Waseca County Board of Commissioners. Mr. Rick Free, Simon Industries, Inc., and Dave Rhodes, Black Hills Corp. made a presentation to the County Board on a proposed Waterville power production facility to

13 be located in Blooming Grove Township in Waseca County. They are requesting board support to receive a personal property tax exemption from the MN State Legislature. Nancy Prehn, landowner; and several members of the Blooming Grove Township Board were also present. Peterson introduced the following resolution and moved for adoption. Armstrong seconded the motion and it was adopted by the unanimous vote of all members. RESOLUTION WHEREAS, Simon Industries, Inc. has proposed to build and operate up to a 325- MW combined-cycle or simple-cycle facility using gas turbine generators fueled by natural gas at a site in Waseca County, and WHEREAS, this project is considered beneficial to Waseca County by providing construction employment, permanent operational employment, tax receipts and a clean, reliable source of electricity, and WHEREAS, Minnesota s property tax structure for generation facilities is not competitive with other states, and WHEREAS, no other new generating capacity of significance has been constructed in Minnesota without an exemption from personal property tax. NOW THEREFORE, BE IT RESOLVED, that Waseca County supports this project as proposed and supports the request for personal property tax exemption in the 2005 legislative session. BE IT FURTHER RESOLVED, that Waseca County supports this project as proposed with the understanding that this project will meet all environmental permitting requirements as specified by federal, state and local permitting authorities. Armstrong moved and Morris seconded the motion to approve the minutes of April 5, Motion carried unanimously. Androli moved and Armstrong seconded the motion to approve ditch repairs for County Ditch 3, 27 and 38. Motion carried unanimously. Androli moved and Morris seconded the motion to accept a donation of $ from the Waseca Eagles Aerie #3753 for equipment for the Sheriff s Office. Motion carried unanimously. Peterson moved and Armstrong seconded the motion to approve the transfer of Jane Guggisberg from the Auditor s office to Treasurer s Office effective , lateral move, B22-F, $16.58/hr. Also the transfer of Sue Brisbane from the Treasurer s Office to Office Support Specialist at Human Services, effective , 20 hours per week, A-1-3-F, $14.93/hr. Also approve new Social Worker in Human Services, Sarah Ruley,

14 effective , 95% of C43-A$17.37/hr. Also new Technical Clerk in Auditor s Office, Tamara Wynkoop, effective , 95% of B21-A, $11.84/hr. Motion carried unanimously. Morris moved and Peterson seconded the motion to approve the Auditor, Commissioner, Human Services and expense bills as presented. Motion carried unanimously. Morris moved and Peterson seconded the motion to adjourn the meeting at 12:10 p.m. Motion carried unanimously. The next meeting of the Waseca County Board of Commissioners will be Tuesday, May 3, ATTEST: S/ Albert Ruhland, Chairman Waseca County Board of Commissioner S/ Joan Manthe, Auditor Waseca County