legal notices

PROCEEDINGS
OF
THE
BOARD
OF
COUNTY
COMMISSIONERS

Date: Tuesday, August 13 2019 9:30 a.m.

Place: Commissioners Room, Courthouse, Caledonia, MN 

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

Presiding: Teresa Walter, Chairperson

Call to order. All said pledge of Allegiance.

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

Burns moved, Miller seconded, unanimously carried to approve the minutes of the July 23, 2019 Regular Board Meeting and August 6, 2019 Workgroup Session.

Public Comment:  Dean Otterson of La Crescent MN, spoke about his concerns with the public hearing regarding the Northern Natural Gas Company’s Oderizer project proposal. Mr. Otterson felt the notification timeline was unnecessarily short and the Public Hearing should be postponed so more information can be gathered. The Commissioners expressed interest in postponing the hearing and requested Administrator Babinski work with the Zoning Office to reschedule the hearing, if possible.

Dr. Ross Reichard and Monica Kendall, P.A., the County Medical Examiners, presented an overview of their support to Houston County. They discussed 103 reported deaths within Houston County, of which the Medical Examiners were involved in 75% of those cases. Their report details the statistics of cause of death, age of individuals, etc.

Mr. Dan Larson, Minnesota Rural Counties, provided a presentation on his organization and invited Houston County to participate. Mr. Larson stated that Minnesota Rural Counties started 22 years ago, and is still growing.  Johnson felt that The Minnesota Rural Counties sounds like a good program, and the County should look into this. 

Johnson moved, Burns seconded, unanimously carried to approve payment of the Auditor’s disbursements and the following claims:

County Revenue Fund $152,592.92

Road & Bridge Fund $1,910,685.15

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

Total $2,063,278.07

=========

Commission Johnson moved, Burns seconded, unanimously carried to affirm the following personnel actions:

a. Finance

i. Accept the retirement notice from Nancy Peter, effective the end of the business day September 27, 2019 and extend thanks for her 32.5 years of service to the residents of Houston County.

ii. Initiate a competitive search for a .6 FTI Technical Clerk, B-22.

b. Public Health and Human Services

i. Continue the appointment status of Nickie Folsom (.9 FTE to 1.0 FTE) to an on-going basis, effective immediately (Previously approved for 6 mo change of status)

ii. Change the classification of Michelle Schulte from Staff RN (C41) to PHN (C42) effective August 19, 2019 and extend congratulations for earning BSN and obtaining a PHN certificate.

iii. Rehire Judy Haugstad as a temporary (67 days/year maximum) Case Aide to assist during the search for a Child Protection Social Worker.  Note: The total of both temporary assignments cannot exceed 67 days per calendar year.

c. Sheriff

i. Accept the resignation notice from Darin Daveau, detention deputy (Jailer/Dispatcher) effective the end of the business day August 23, 2019.

ii. Approve completing a competitive search to fill the Jailer/Dispatcher position.

Johnson moved, Burns seconded, unanimously carried acknowledge receipt of the Outdoor Heritage Fund Proposals from the Lessard Sams Outdoor Heritage Council.

Johnson moved, Burns seconded, unanimously carried acknowledge receipt of the Houston County Township Officer’s Association Annual Dinner Meeting on September 11, 2019.

Johnson moved, Burns seconded, unanimously carried to approve abatements recommended by the County Assessor and Auditor/Treasurer.

Johnson moved, Burns seconded, unanimously carried to approve budgeted purchase of three cover-top roll-off containers from Nedland Industries at a cost of $18,085. 

Johnson moved, Burns seconded, unanimously carried to approve Resolution 19-27, Aquatic Invasive Species Prevention Aid.

RESOLUTION NO. 19-27

AQUATIC INVASIVE SPECIES PREVENTION AID

WHEREAS, 2014 Session Law Chapter 308 enacted by the Legislature provides Minnesota counties a County Program Aid grant for Aquatic Invasive Species (AIS) prevention. The amount designated for each county is based on the number of watercraft trailer launches as well as the number of watercraft trailer parking spaces within each county. Houston County was allocated $22,755 for 2020 and years following (5 watercraft trailer launches and 50 watercraft trailer parking spaces), and

WHEREAS, the legislation requires that Houston County must establish, by resolution or through adoption of a plan, guidelines for the use of the proceeds which are to prevent the introduction or limit the spread of aquatic invasive species at all access sites within the county, and

WHEREAS, the county may appropriate the proceeds directly or may use any portion of the proceeds to provide funding to a soil and water conservation district in the county, for a joint powers board or cooperative agreement with another political subdivision, a watershed district in the county, or a lake association located in the county. Any money appropriated by the county to a different entity or political subdivision must be used as required under this section, and

WHEREAS, the county must submit a copy of its guidelines for use of the proceeds to the Department of Natural Resources by December 31 of the year the payments are received, and

WHEREAS, maintaining an ongoing effort to inform the public of resource needs, resource impairments and resource protection matters has been identified as the most important tool in addressing water resource concerns in the Houston County Water Plan, the fight against Aquatic Invasive Species is included in this educational effort and will continue to be a cornerstone of Houston County’s Water Plan.

NOW THEREFORE, BE IT RESOLVED the Board of Commissioners of Houston County, Minnesota designate oversight of Houston County’s AIS prevention efforts to the Root River Soil and Water Conservation District and delegates to them the responsibility to prepare, implement and report annually a plan to allocate the funding in accordance with the above legislation.

Arnold moved, Johnson seconded, unanimously carried to approve Resolution 19-29, final contract acceptance for project CP 2019-05A with Milestone Materials for CSAH 24 and 32.

 

RESOLUTION NO. 19-29

FINAL ACCEPTANCE OF CONTRACT NO. 296

MILESTONE MATERIALS (CP 2019-05A)

WHEREAS, Contract No. 296 with Vendor #918 – Milestone Materials  has in all things been completed, and the County Board being fully advised in the premises; and

THEREFORE, BE IT RESOLVED, the Houston County Board of Commissioners accepts said completed project for and on behalf of the Houston County DOT and authorize final payment as specified herein. 

Burns moved, Arnold seconded, unanimously carried to approve Conditional Use Permit for Robert and Heather Strand, Yucatan Township, with the recommended condition of meeting all applicable federal, state and local laws.

 

Johnson moved, Arnold seconded, unanimously carried to approve Resolution 19-28, authorizing an EDA Revolving Loan Fund loan to AcenTek for the Broadband Border-to-Border Grant, if grant funds are awarded.

RESOLUTION NO. 19-28

RESOLUTION OF SUPPORT ENDORSING BORDER-TO-BORDER GRANT APPLICATION OF ACENTEK, INC. IN HOUSTON COUNTY 

WHEREAS, broadband internet connectivity constitutes an essential infrastructural component of residential and commercial development, education, and industry; and

WHEREAS, customers in the rural Houston telephone exchange are either unserved or underserved by the State of Minnesota’s established download and upload standards; and

WHEREAS, AcenTek is a locally controlled telecommunications cooperative, providing service to many residents in Houston County; and

WHEREAS, AcenTek intends to deliver new fiber optic connectivity to approximately 800 underserved locations including businesses, residences, and farms; and

WHEREAS, AcenTek intends to submit a grant application to the State of Minnesota’s Border-to-Border Grant Program to help make this project economically viable;

NOW, THEREFORE, BE IT RESOLVED, Houston County supports AcenTek’s application to the Border-to-Border Grant Program; and

BE IT FURTHER RESOLVED, that Houston County will make available $75,000 in economic development funds in support of the application if awarded. The $75,000 will be loaned to AcenTek at zero percent interest for three years pending award of grant funds. 

Walter and Engineer Pogodzinski led a discussion on the shared Highway Maintenance facility with La Crescent Township, which is in need of repair/replacement. Engineer Pogodzinski stated a draft agreement was drafted and sent to La Crescent Township for their consideration.  The Township expressed desire for the County to participate in the costs. The board recognized a likely need to cost-share with the township on the facility construction, but expressed the township should take the lead on facility development.

PUBLIC COMMENT: None at this time.

There being no further business and the time being 11:25 a.m., Arnold moved, Miller seconded, and unanimously carried to adjourn the meeting, the next advertised meeting being a Workgroup Session on Tuesday, August 20, 2019, and a Regular Board Meeting on August 27, 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/

 
 
 
 
 
 
 

PROCEEDINGS
OF
THE
BOARD
OF
COUNTY
COMMISSIONERS

Date: Tuesday, August 20, 2019 9:30 a.m.

Place: Room 219, Courthouse, Caledonia, MN 

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

Others Present: Administrator Babinski; 

Board Workgroup Session

The Board held a closed session to discuss the annual appraisal of Administrator Babinski.  Outside of closed session, the board held further discussion on requested changes to the Tobacco Ordinance and the status of the Insurance Committee progress.   

This being a workgroup session, with no action taken, the meeting concluded at 11:10.  The next advertised meeting being a regular board meeting, Tuesday, August 27, 2019. BOARD OF COUNTY COMMISSIONERS

HOUSTON COUNTY, MINNESOTA

By:  Teresa Walter, Chairperson

Attest: Jeffrey Babinski, County Administrator 

 
 
 
 
 
 

NOTICE
OF
PUBLIC
HEARING

PLEASE
TAKE
NOTICE:

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

Stuart Owens and Jeffrey Beckman Pt N½ NE¼, Section 26, Township 104, Range 7, Houston County, Minnesota. (Parcel #10.0252.000)

Money Creek Township Variance to allow a dwelling on a buildable area less than .90 acres in size.

A hearing on this application will be held at the Houston County Commissioner’s Room, 

City of Caledonia, Minnesota 55921 at 6:30 p.m. on Thursday, September 26, 2019. Anyone 

wishing to submit written information regarding this hearing must do so by Tuesday, September 17, 2019.

HOUSTON COUNTY BOARD OF ADJUSTMENT

          By Aaron Lacher

          Zoning Administrator

 
 
 
 
 
 

NOTICE
OF
PUBLIC
HEARING

PLEASE
TAKE
NOTICE:

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

Tyler and Ashley Oldenburg Pt NW¼ NE¼, Section 6, Township 104, Range 4, Houston County, Minnesota. (Parcel #08.0053.001)

La Crescent Township Variance of setback requirements to meet the required 50 foot setback from the north property line to build a deck, variance of 36 feet from the west property line for an existing garage, variance of 33 feet from the north property line for an existing wood shed, variance of 46 feet from the north property line for an existing chicken coop.

A hearing on this application will be held at the Houston County Commissioner’s Room, 

City of Caledonia, Minnesota 55921 at 5:30 p.m. on Thursday, September 26, 2019. Anyone 

wishing to submit written information regarding this hearing must do so by Tuesday, September 

17, 2019.

HOUSTON COUNTY BOARD OF ADJUSTMENT

          By Aaron Lacher

          Zoning Administrator

 

 

 

 

 

 

NOTICE
OF
PUBLIC
HEARING

PLEASE
TAKE
NOTICE:

That an application has been made by Stuart Owens, 4095 State 76, Houston, MN 55943 

(applicant) and Jeff Beckman, 10982 Rising Sun Drive, Houston, MN 55943 (co-applicant), for a 

Conditional Use Permit to build a dwelling on less than 40 acres in an agricultural district 

(Section 14 – 14.3 Conditional Uses, Subdivision 1, Subsection 10) in Money Creek Township 

on following premises, to-

Pt N½ NE¼, Section 26, Township 104, Range 7, Houston County, Minnesota. 

(Parcel #10.0252.000)

Said co-applicant standing and making application is as fee owner of said described lands.

A hearing on this application will be held at the Houston County Commissioner’s Room, City of Caledonia, Minnesota, 55921 at 7:00 p.m. on Thursday, September 26, 2019.  Anyone wishing to submit written information regarding this hearing must do so by Tuesday, September 17, 2019.  All persons having an interest in the matter will be given the opportunity to be heard relative to the granting or denying of said application.

HOUSTON COUNTY PLANNING COMMISSION

By Aaron Lacher

Zoning Administrator

 

 

 

 

 

 

The Wilmington Township Board of Supervisors will hold its monthly meeting on Wednesday Sept. 18th at 5:30pm at the Wilmington Town Hall.

 
 
 
 
 
 

NOTICE
OF
PUBLIC
HEARING

PLEASE
TAKE
NOTICE:

That an application was received from the following persons for a variance of setback 

requirements:

George and Susan Kittleson Pt N½ NW¼, Section 33, Township 103, Range 6, Houston County, Minnesota. (Parcel #12.0311.001)

 

Sheldon Township Variance of driveway 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, September 26, 2019. Anyone wishing to submit written information regarding this hearing must do so by Tuesday, September  17, 2019.

HOUSTON COUNTY BOARD OF ADJUSTMENT

          By Aaron Lacher

          Zoning Administrator

 

 

 

 

 

 

 

 

Spring Grove Police
 Department Blotter

Aug. 21 to Aug. 28, 2019

 

Aug. 21, 2019

1327 hours- Officers received a report of a theft, Main St. 

1850 hours- Officers received a report of an anhydrous leak, No street found.

1911 hours- Officers received a report of an intoxicated person, Main St. 

2048 hours- Officers issued a warning citation for speeding, Main St. 

Aug. 22, 2019

1623 hours- Officers received a report of a city ordinance violation, 1st St. 

2019 hours- Officers issued a warning citation for operating a motorized bicycle without lights, 5th Ave. 

2134 hours- Officers issued a warning for speeding, Main St.

2236 hours- Officers issued a citation for driving with no license and driving on the one-way the wrong way, 1st St.

Aug. 23, 2019

1614 hours- Officers received a parking complaint, Goodview Dr.

1621 hours- Officers received a request for a welfare check, Southeast Alley.

1715 hours- Officers received a request for a welfare check, Main St.

Aug. 24, 2019

1630 hours- Officers received a request for a welfare check, 2nd Ave.

2334 hours- Officers assisted the Spring Grove Ambulance with a medical call, 5th Ave.

Aug. 26, 2019

1222 hours- Officers assisted the Spring Grove Ambulance with a medical call, 5th Ave. 

1659 hours- Officers received a report of a lost cat, Spring Grove.

1933 hours- Officers received a report of missing children, 1st Ave. 

2245 hours- Officers received a report of a domestic dispute, 2nd Ave. 

Aug. 27, 2019

1842 hours- Officers issued warning citation for speeding, Division Ave. 

2048 hours- Officers issued a warning citation for speeding, Main St. 

2137 hours- Officers issued warning citation for speeding, Main St. 

Aug. 28, 2019

1241 hours- Officers received a report of a loose dog, 3rd St. 

 

1245 hours- Officers conducted a funeral escort, Main St.

 

 

 

 

 

 

 

 

The following non-confidential traffic and criminal cases from 8/22/19 to 8/29/19 were compiled from reports released from the Houston County Court Administrator’s office.

 

Caledonia
Police
Dept.

James Henry Hauser, 31, Caledonia; 6/19/19 Operate vehicle with expired registration; Fees $105

Gregory Allen Proulx Jr., 41, Houston; 6/14/19 Operate vehicle with expired registration; Fees $105

 

Hokah
Police
Dept.

Amanda Miller Havener, 23, Gilbert, Ariz.; 7/11/19 Operate vehicle with expired registration; Fees $105

Amanda Miller Havener, 23, Gilbert, Ariz.; 7/11/19 Driver must carry proof of insurance; Fees $200

Keegan Michael McCarthy, 18, Houston; 8/23/19 Minor possess alcohol under 21; Fees $175

 

Houston
County
Sheriff’s
Office

Steven John Barris, 31, La Crosse, Wis.; 6/7/19 Speeding 40/30; Fees $115

Steven John Barris, 31, La Crosse, Wis.; 6/7/19 Driving after revocation; Fees $200

Arthur Francis Kistler, 71, La Crescent; 7/30/19 Speeding 80/55; Fees $215

Angela Marilyn Martinez, 26, Spring Grove; 6/18/19 Operate vehicle after license suspension; Fees $275

Dane Brennan McCormick, 18 La Crescent; 8/8/19 Liquor consumption by persons under 21; Fees $175; Unsupervised probation, 6 months

Johnathon Raymond Prindle, 48, Onalaska, Wis.; 6/14/19 Speeding 75/55; Fees $215

Anthony Duane Sherwin, 36, Bangor, Wis.; 6/13/19 Driving after suspension; Fees $275

Steven Thomas Skemp, 61, La Crescent; 7/31/19 Possess over 1.4 grams of marijuana in motor vehicle; Fees $225

Steven Thomas Skemp, 61, La Crescent; 7/31/19 Possession of drug paraphernalia; Fees $50

Jacob Stephen Zigner, 22, Kenosha, Wis.; 7/27/19 Speeding 74/55; Fees $135

 

La
Crescent
Police
Dept.

Brianna Ahriel Cody, 18, Spring Grove; 5/4/19 Underage consumption; Fees $75; Jail, 30 days, stay 26 days for 1 yr., credit for time served: 4 days; Supervised probation, 1 yr.

 

MN
Dept.
of
Natural
Resources

Dexter Popp, 22, New Lisbon, Wis.; 6/29/19 Operate unlicensed watercraft; Fees $125

 

MN
State
Patrol

Michael Leroy Ellefson, 50, Winona; 8/25/19 Unsecure load; Fees $135

 

Donna Mary Esche-Olson, 57, Hokah; 6/11/19 4th degree DWI; Fine $300, Fees $100; Jail, 90 days, stay 90 days for 1 yr.; Supervised probation, 1 yr.

 

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