Legal Notices

NOTICE
OF
PUBLIC
HEARING

PLEASE
TAKE
NOTICE:

That an application was received from the following persons for a variance of driveway access requirements:

Jeremy & Dawn Klinski NE¼ NW¼ and S½ NW¼, Section 28, Township 103, Range 5, Houston County, Minnesota. (Parcel #14.0229.000) Union Township Variance of driveway access requirements to meet the required 33 feet of owned road frontage or a legally recorded perpetual access at least 33 feet wide from an existing public roadway.

A hearing on this application will be held at the Houston County Commissioner’s Room, City of Caledonia, Minnesota 55921 at 6:00 p.m. on Thursday, June 27, 2019. Anyone wishing to submit written information regarding this hearing must do so by Monday, June 17, 2019.

HOUSTON COUNTY BOARD OF ADJUSTMENT

         By Aaron Lacher

          Zoning Administrator

 
 
 
 

PROCEEDINGS
OF
THE
BOARD
OF
COUNTY
COMMISSIONERS

Date: Tuesday, May 21, 2019 9:30 a.m.

Place: Room 219, Courthouse, Caledonia, MN 

Members Present: Eric Johnson, Bob Burns, Fred Arnold, Jack Miller

Members Absent: Teresa Walter

Others Present: Administrator Babinski; Assessor Cresswell; Auditor/Treasurer Trehus; Finance Director Lapham; Yvonne Krogstead

Board Workgroup Session

Administrator Babinski and Finance Director Lapham addressed the 2020 budget cycle process with the board in anticipation of reaching an approved initial 2020 budget in September and requested board members to begin considering foals and guidance for the budget preparations. Board members addressed the need to prioritize the potential facility projects under consideration and requested future clarification on funds set aside for capital improvements and facility repairs. 

Assessor Cresswell and Auditor/Treasurer Trehus provided an overview of a proposed abatement policy, which the state Department of Revenue representatives have directed Houston County to update. The board provided guidance and feedback on the draft policy, which staff will continue to prepare for future board approval.

 

The board discussed updates on potential solutions to allow the board to make a decision on the land purchase/swap for expansion of the current Highway Department site. The board asked the Highway Building Committee to re-address the costs associated with land acquisition, site preparation, utility installation, etc… associated with the current proposed land purchase/swap and in comparison with using a portion of the County’s 22 acre parcel on the west side of Caledonia.   

This being a workgroup session, with no action taken, the meeting concluded at 11:30. The next advertised meeting being a regular board meeting, Tuesday, May 28, 2019.

BOARD OF COUNTY COMMISSIONERS

HOUSTON COUNTY, MINNESOTA

By: Eric Johnson, Vice-Chairperson

Attest: Jeffrey Babinski, County Administrator 

 
 
 
 
 
 

PROCEEDINGS
OF
THE
BOARD
OF
COUNTY
COMMISSIONERS

Date: Tuesday, May 14, 2019

9:30 a.m.

Members Present: Eric Johnson, Teresa Walter (Chair), Fred Arnold, Jack Miller, Bob Burns

Call to order. All said pledge of Allegiance.

Commissioner Arnold moved, Commissioner Burns seconded, unanimously carried to approve the agenda.

Commissioner Miller moved, Commissioner Arnold seconded, unanimously carried to approve the minutes of April 23, 2019 Regular Board Meeting and April 30, 2019 and May 7, 2019 Workgroup Sessions. 

Mr. Brian Van Gorp, Yucatan Township, expressed concerns about the Zoning policy to drop the 5-year renewal requirement.

 

Commissioner Arnold moved, Commissioner Burns seconded, unanimously carried to approve payment of the license center and Human Services disbursements and the following claims:

County Revenue Fund $39,809.37

Road & Bridge Fund $3,550.30

---------------

Total $43,359.67

=========

Commissioner Arnold moved, Commissioner Burns seconded, unanimously carried to approve resolution 19-10.

RESOLUTION NO. 19-10

ACCEPTANCE OF VEHICLE DONATION

WHEREAS, the Houston County Sheriff’s Posse has received from the City of Brownsville a 1996 Ford motor vehicle; and

WHEREAS, the Houston County Sheriff’s Posse wishes to donate the afore-mentioned vehicle to the Houston County Sheriff’s Office to assist with the mission of protecting and serving the citizens of Houston County; and

NOW THEREFORE, BE IT RESOLVED that the Houston County Board of Commissioners accepts the donation of the 1996 Ford vehicle on the condition if the Houston County Sheriff’s Office should no longer have a need/use for the vehicle, the vehicle shall be returned to the Houston County Sheriff’s Posse free of charge for use and/or disposal as they see fit. 

Commissioner Arnold moved, Commissioner Burns seconded, unanimously carried to approve resolution 19-11.

RESOLUTION NO. 19-11

FHPAP FUND ADMINISTRATION AUTHORIZATION 

WHEREAS, the Minnesota Housing Finance Agency, State of Minnesota, has been authorized to undertake a program to provide funds for Family Homeless Prevention & Assistance Projects; and

WHEREAS, the Southeastern Minnesota Housing Network, working through Three Rivers Community Action, Inc. (Grantee), Semcac (Sub-Grantee) and Lutheran Social Service of MN (Sub-Grantee), have submitted a renewal application for the Minnesota Housing Finance Agency Family Homeless Prevention and Assistance Program; and

WHEREAS, the Southeastern Minnesota Housing Network working through Three Rivers Community Action, Inc., and Sub-Grantees have demonstrated the ability to perform the required activities of the Minnesota Housing Finance Agency Family Homeless Prevention & Assistance Program; and

WHEREAS, the Family Homeless Prevention & Assistance Grant was awarded to Three Rivers Community Action, Inc. by the Minnesota Housing Finance Agency; and

NOW THEREFORE, BE IT RESOLVED that the Houston County Board of Commissioners authorizes the Southern Minnesota Housing Network to administer funds made available through the Minnesota Housing Finance Agency Family Homeless Prevention and Assistance Program in the county of Houston, in Minnesota.

Commissioner Arnold moved, Commissioner Burns seconded, unanimously carried to approve resolution 19-13.

RESOLUTION NO. 19-13

MINNESOTA TRANSPORTATION FUNDING

WHEREAS Minnesota Counties maintain 30,742 miles of County State Aid Highway (CSAH) roads and 14,141 miles of county roads, totaling over 30% of the state’s roadways; and

WHEREAS the total annual need is $1.084 billion over the next 25 years just to maintain the current CSAH and county road system, not including expansion; and

WHEREAS the annual funding gap for counties has resulted in deferring basic maintenance, delaying expansion projects with resulting safety concerns, mounting congestion, and missed economic growth for businesses and commuters; and

WHEREAS a comprehensive and sustainable transportation solution should include robust funding for roads, bridges, and transit, and address the varying needs in different parts of the state; and

WHEREAS increased funding for Minnesota’s Highway User Tax Distribution Fund would provide additional, stable funds for MnDOT, all 87 counties, all cities with a population of 5,000 or more, and townships across the state;

NOW THEREFORE BE IT RESOLVED that the Houston County Board of Commissioners encourages the Minnesota Legislature to pass and the Governor to sign a bill that brings adequate funding to Minnesota’s statewide transportation system.

Commissioner Arnold moved, Commissioner Burns seconded, unanimously carried to approve resolution 19-14.

RESOLUTION NO. 19-14

VIKING SNOWMOBILE TRAIL

BE IT RESOLVED that the Board of County Commissioners, Houston County, Minnesota approves the Maintenance and Grooming Application of Viking Ridge Riders and authorizes the Board Chairperson to sign an agreement with the Department of Natural Resources.

 

Commissioner Arnold moved, Commissioner Burns seconded, unanimously carried to approve resolution 19-15 approving the Maintenance and Grooming Application of Gopherland Snowmobile trail.

RESOLUTION NO. 19-15

GOPHERLAND SNOWMOBILE TRAIL

BE IT RESOLVED that the Board of County Commissioners, Houston County, Minnesota, approves the Maintenance and Grooming application of Gopherland Trails and authorizes the Board Chairperson to sign an agreement with the Department of Natural Resources.

Commissioner Arnold moved, Commissioner Burns seconded, unanimously carried to approve resolution 19-16.

RESOLUTION NO. 19-16

LA CRESCENT SNOWMOBILE TRAIL

BE IT RESOLVED that the Board of County Commissioners, Houston County, Minnesota, approves the Maintenance and Grooming Application of the La Crescent Snowmobile Club and authorizes the agreement with the Department of Natural Resources.

Commissioner Arnold moved, Commissioner Burns seconded, unanimously carried to approve resolution 19-17.

RESOLUTION NO. 19-14

HOUSTON MONEY CREEK SNOWMOBILE TRAIL

BE IT RESOLVED that the Board of County Commissioners, Houston County, Minnesota, approves the Maintenance and Grooming Application of the Houston Money Creek Snowmobile Club and authorizes the agreement with the Department of Natural Resources.

Commissioner Arnold moved, Commissioner Burns seconded, unanimously carried to affirm the following personnel actions: 

1) County Attorney

a. Change the part-time appointment of Julie Von Arx-Abnet from .7 FTE to .8 FRE, effective May 27, 2019 (insurance rate change effective 1 June 2019).

b. Change the part-time appointment of Michelle Herman .7 FTE to .8 FTE, effective May 27, 2019 (insurance rate change effective 1 June 2019).

2) Highway Department and Survey Office

a. Hire Samuel Stemper as a Temporary/Seasonal Help (Casual Employee-Student) at the 2019 Temp/Seasonal rate, effective May 15, 2019.

3) Recorder’s Office

a. Accept the resignation of Steffanie Schellsmidt, Deputy Recorder, and effective May 24, 2019.

b. Approve conducting a competitive search for a Deputy Recorder.

4) Sheriff’s Office

a. Accept the resignation of Michael Rasmussen, Jailer/Dispatcher effective May 20, 2019.

b. Approve conducting a competitive search for a Jailer/Dispatcher.

Commissioner Burns moved, Commissioner Arnold seconded, unanimously carried to approve the Conditional Use Permit for Tim Stencel, La Crescent Township with 5 conditions recommended by the Planning Commission to address roof run off concerns.

Zoning Administrator Lacher addressed the concerns raised during public comment about term limits on previously issued Conditional Use Permits. He stated that the policy did not call for a removal of the conditions from those CUPs, but rather addresses the unenforceable nature of those time constraint conditions.

Commissioner Burns moved, Commissioner Johnson seconded, unanimously carried to approve the low bids for CP 2019-05 Maintenance Rock Contract. Commissioner Johnson moved, Commissioner Miller seconded, unanimously carried to authorize a 30% cost over-run to provide additional gravel in areas with more damage due to spring road conditions. Engineer Pogodzinski explained the quotes obtained were by project, so 13 bids from Bruening Rock and two from Milestone Materials were recommended to address 15 segments of 13 county roadways. The cost overrun will provide gravel for C.S.A.H. 21, which requires an emergency fix in an increasingly wet area.

Commissioner Burns moved, Commissioner Arnold seconded unanimously carried to approve Resolution 19-12.

RESOLUTION NO. 19-12

AUTHORIZATION TO EXECUTE

MINNESOTA DEPARTMENT OF TRANSPORTATION

AIRPORT MAINTENANCE AND OPERATING GRANT CONTRACT

BE IT RESOLVED that the Houston County Board of Commissioners accepts the State of Minnesota Agreement No. 1033499, “Airport Maintenance and Operations Grant Contract,” at the Houston County Airport; and

BE IT FURTHER RESOLVED that the County Board Chairperson and County Auditor/Treasurer are authorized to execute the Contract and any amendments on behalf of the County of Houston.

Commissioner Miller moved, Commissioner Johnson seconded, unanimously carried to appoint Robert Conway to the Planning Commission to fill the vacant position with a term expiring December 31, 2021.

 

Commissioner Burns moved, Commissioner Miller seconded, unanimously carried to enter into a public hearing pursuant to MS Statute 373.01, subd. 1.5.e. to hear any public input concerning the potential exchange of land property parcel 210907002 for a portion of parcel 211094001 determined by the County Assessor as being substantially similar or equal in value.

Administrator Babinski provided a summary of the proposed land swap and purchase of 3 acres of land adjacent to the current Highway Department location. The current offer involves exchange of property parcel 210907002 for a portion of parcel 211094001 and purchase of the remainder of parcel 211094001 and a portion of parcel 211094000, which would create additional space for a retaining pond and materiel storage. 

With no public comment expressed, Commissioner Burns moved, Commissioner Arnold seconded, unanimously carried to close the public hearing and return to regular session.

Commissioner Burns asked to table this decision until the parking lot requirements for the County Community Services facility can be addressed, as selling/trading parcel 210907002 would put the County short of the required parking spaces in the Conditional Use Permit authorized by the City of Caledonia.

 

Commissioner Burns moved, Commissioner Arnold seconded, unanimously carried to table the discussion of the land swap and purchase of land. 

Commissioner Miller moved, Commissioner Arnold seconded, unanimously carried to enter into a closed session pursuant to MS Statute 13D.05, subd. 3 to discuss settlement of ongoing litigation under attorney/client privilege. The closed session was attended by Commissioners Walter, Johnson, Arnold, Miller and Burns; Administrator Babinski, HR Director Arrick-Krueger, Attorney Jandt, Attorney Kjellberg-Nelson, Attorney Conway, MCIT (by phone).

Commissioner Arnold moved, Commissioner Burns seconded, unanimously carried to end the closed session and return to open session. Administrator Babinski provided a summary of the closed session, stating the board discussed the results of a mediation session and a settlement offer presented to the County.

Commissioner Miller moved, Commissioner Arnold seconded, motion approved by roll call vote to approve the settlement of the Jennifer Egge v. Houston County lawsuit, including a contribution of $35,000 by the County and authorizing the Board Chair to execute the final settlement documents, if any.

District Commissioner Vote

1 Miller Yes

2 Johnson No

3 Burns Yes

4 Walter Yes

5 Arnold Yes

Roll Call: 

 

 

 

Commissioner Arnold shared information regarding private well nitrate testing and water quality issues discussed at recent committee meetings. He also reported that the 4H Federation meeting had addressed concerns over the management of the County Fair livestock auction, with the group electing to leave the auction management “as-is.” Commissioner Arnold also relayed there would be another session addressing Ag industry issues on 29 May at the Trinity Church in Spring Grove.

Commissioner Miller provided an update from the Park Committee meeting, which included the decision to have the Highway department decommission the closed bathroom facilities and implementation of the previously approved boat launch fees ($5/day or $25/season) at Wildcat Park. The Committee discussed the conditions of the park as floodwaters recede and Engineer Pogodzinski presented the option to re-seal the entry road to the park. The Committee also discussed signage at Bob Botcher Park and the potential for an additional scout project to increase the length of groomed trails through the park. Commissioner Miller also relayed that the EDA board budget looks good, with all current loans payments on track.

Commissioner Walter relayed information from the regional Solid Waste Board, with positive news about how much material is being recycled in the region, though greater emphasis needs to be put on educating people of what can be recycled and how it should be prepared for recycling. The Annual Meeting for the La Crosse County Disposal System is scheduled for 31 May. She also relayed that Don Hauge, Executive Director of SE MN EMS, would be arranging a visit in June to brief the board on their organization’s work supporting rural EMS teams. Commissioner Walter also relayed information from her Workforce Development Committee meeting, expressing their continued emphasis on the farming community and the skills to augment farming with part-time or full-time work. She referenced several 4-week skills training programs they have to give people a leg up in developing skill in a variety of trades.

PUBLIC COMMENT: Mr. Van Gorp, Yucatan Township, addressed the board again with his concern over non-enforcement of Conditional Use Permits based on the policy change advocated by the Zoning Administrator. He suggested the County should formally change those permits to Interim Use Permits to ensure timely review of the permits. 

There being no further business and the time being 11:22 a.m., Commissioner Arnold moved, Commissioner Miller seconded, and unanimously carried to adjourn the meeting, the next advertised meeting being a Workgroup Session on Tuesday, May 21, 2019.

BOARD OF COUNTY COMMISSIONERS

HOUSTON COUNTY, MINNESOTA

By: 

Teresa Walter, Chairperson

Attest: Jeffrey Babinski, County Administrator 

THE ABOVE PROCEEDINGS OF THE HOUSTON COUNTY BOARD OF COM-MISSIONERS IS ONLY A SUMMARY. THE FULL TEXT IS AVAILABLE FOR PUBLIC INSPECTION AT THE HOUS¬TON COUNTY ADMINISTRATOR’S OFFICE AS WELL AS ON THE HOUSTON COUNTY WEBSITE LOCATED AT THE FOLLOWING WEB ADDRESS: http://www.co.houston.mn.us/

 

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