WASECA COUNTY BOARD OF COMMISSIONERS October 6, 2020 · 9:30 a.m. East Annex Public Meeting Room 300 North State Street – East Annex · Waseca, Minnesota 56093 Please join my meeting from your computer, tablet or smartphone. https://global.gotomeeting.com/join/550149597 You can also dial in using your phone. (For supported devices, tap a one-touch number below to join instantly.) United States: +1 (646) 749-3122 - One-touch: tel:+16467493122,,550149597# Access Code: 550-149-597 New to GoToMeeting? Get the app now and be ready when your first meeting starts: https://global.gotomeeting.com/install/550149597

9:30 a.m. 1. Call to Order and Pledge of Allegiance

Public Comment Those wishing to speak must state their name and address for the record after they reach the podium. Each person will have three (3) minutes to make his/her remarks. Speakers will address all comments to the Board as a whole and not one individual commissioner. The Board may not take action on an item presented during the Public Comment period, unless the item is already on the agenda for action. When appropriate, the Board may refer inquiries and items brought up during the Public Comment period to the County Administrator for follow up.

2. Approval of Agenda

3. Ditch Authority a. CD #29 b. JD #51 BE/WA c. JT.CD 6Freeborn

4. Approval of County Board Minutes a. Waseca County Board of Commissioners September 1, 2020 b. Waseca County Board of Commissioners Work Session September 1, 2020 c. Waseca County Board of Commissioners Work Session September 8, 2020 d. Waseca County Board of Commissioners September 15, 2020 e. Waseca County Board of Commissioners Special Meeting September 29, 2020

5. Consent Agenda a. Approval of Bills b. Transfer funds from CARES to IT c. Acknowledge the Authorization of the Robert and Joan Burns Transfer of Development Rights PU d. City of Waseca/ Waseca County Residential Tax Abatement Agreement for Perreault

9:45 a.m. 6. Berry Family, LLC Tax Abatement – Michael Johnson, County Administrator Mark Leiferman, Planning and Zoning Administrator

7. Set Public Hearing per State Statute for the Purchase and Use of a Drone 9 (UAV) Sheriff Brad Milbrath, Waseca County Sheriff a. State Statute b. Policy c. Report Form d. UAV Use Reporting Requirement

8. Accept Donation - Brad Milbrath, Waseca County Sheriff a. Resolution 2020-34

9. Broadband Feasibility Study, Finley Engineering

10. Discuss H&H Excavating Quote for Composite Pile Management Michael Johnson, Waseca County Administrator

11. EMS CARES Allocation Resolution 2020-38 - Michael Johnson, Waseca County Administrator

12. Grants - Michael Johnson, Waseca County Administrator

13. MNPrairie Program - Michael Johnson, Waseca County Administrator a. CARES ACT Community Resilience Emergency Assistance Policy b. Waseca Community Resilience Emergency Fund Request

14. Employee Recognition Policy 4008 Resolution 2020-37 Michael Johnson, Waseca County Administrator a. Employee Recognition Policy

15. Planning and Zoning - Mark Leiferman, Planning and Zoning Administrator a. Conditional Use Permit (CUP) Request for one(1) Megawatt Community Solar Farm – Novel David Solar LLC (Novel Energy Solutions, Developer) b. Conditional Use Permit (CUP) Request to mine, excavate, process and stockpile sand and gravel aggregate materials – Doreen R Eaton (Ulland Brothers, Contractor)

16. Cooperative Agreement between Waseca County and the City of Waldorf Nathan Richman, Waseca County Engineer a. Cooperative Agreement with Waldorf Cooperative Agreement Between Waseca County and City of Waldorf b. Cost Participation Policies; Cooperative Highway Projects between Waseca County and Other Agencies c. Bid Prices

17. Administration a. Administration Update b. HR Update

18. Commissioner Reports

19. Other Business

Lunch – Jonnie Beans – Public Welcome to Attend z

Upcoming Board Events October 6 - October 20, 2020

October 6, 8:30 a.m. County Board Work Session Board Room, East Annex

October 6, 9:30 a.m. County Board Meeting Board Room, East Annex

October 12, 2020 Highway Department Closed in Observation of Columbus Day

October 16, 8:30 a.m. EDA Meeting Board Room, East Annex

October 20, 9:30 a.m. County Board Meeting Board Room, East Annex

October 20, 2 p.m. MN Prairie Finance Committee Meeting Virtual Meeting

October 20, 3 p.m. MN Prairie Joint Powers Board Meeting Virtual Meeting

WASECA COUNTY BOARD OF COMMISSIONERS — SEPTEMBER 1, 2020 The Waseca County Board of Commissioners met in regular session on Tuesday, September 1, 2020, in the boardroom, 300 North State Street, Waseca, Minnesota. Members present were Chair Doug Christopherson, Brian Harguth, Blair Nelson, DeAnne Malterer and Brad Krause. Others present were Michael Johnson, Administrator; Tammy Spooner, Auditor- Treasurer; Brad Milbrath, Sheriff; Rachel Cornelius, County Attorney; Ann Fitch, Executive Director Waseca Chamber; Russ Guse, Ditch Inspector; Melissa Sexton, Human Resources Manager; and Georgette Hanson, Solid Waste & Recycling Director. Joseph Kapper was present via online platform. Chair Christopherson called the meeting to order at 9:30 a.m. Roll call was taken and the Pledge of Allegiance was recited. There was no Public Comment. Malterer moved and Krause seconded to approve the agenda with the addition of a discussion of the Solid Waste & Recycling reconstruction project and potential acquisition of additional space from the Senior Center. Motion carried unanimously. Russ Guse, Ditch Inspector, presented a tile issue north of Walmart in Fox Meadow Subdivision. Russ is requesting to replace 400’ of tile main and to place signage in the area. Harguth moved and Nelson seconded to approve the repair to County Ditches 18 & 44 in the estimated amount of $15,000.00. Motion carried unanimously. Harguth moved and Malterer seconded to approve the Minutes from the July 21, 2020 Commissioner Meeting and July 31, 2020 Special Meeting. Motion carried unanimously. Krause moved and Nelson seconded to approve the Consent Agenda except item b. Soil Management Summit Registration Fee Support. Motion carried unanimously.

a. Approval of Bills b. Soil Management Summit – Registration Fee Support c. Taylor Holland Pork Feedlot Site Inspection Team Report d. Tax Abatement Payments for the first half of 2020  Brent/Julianna Brass $ 272.00  Jessica Royer/Chad Grunwald $ 416.00  Frank Wenzel $ 466.00  Joe/Kristi Nelson $ 224.00  Thomas/Jean Glaser $ 409.50  Gerald/Kristi Fennert $ 264.50  James/Mary Jo Boerboom $ 266.50  Charles/Linda Cone $ 470.00  Eric/Melanie Tedars $ 304.00  Alan/Barbara Wilker $ 224.50  Jonathan/Lyric Butler $1,187.00  Scott Kramer $ 337.50

 Joshua/Megan Lynch $ 632.50

Nelson moved and Krause seconded to table until September 18th Commissioner Meeting the Soil Management Summit registration fee support. Motion carried unanimously. Michael Johnson, County Administrator, presented 24 applications for COVID-19 Small Business and Non-Profit Relief Grant Program for a total County share of $54,000.00. Ann Fitch, Waseca Area Chamber of Commerce Executive Director, commented that the program is going very well and there is a great amount of gratitude. The grants are making a huge difference in many peoples’ lives. Malterer moved and Krause seconded to approve the payments as requested. Motion carried unanimously,

 Homespun LLC dba Homestead $1,500.00  Barney’s Drive-in LLC $5,000.00  Waseca Music $1,500.00  Cuttings Body Shop $1,500.00  North Ridge Pine LLC $3,000.00  Healing Hands Wellness Group Inc. $1,500.00  Wiste’s Continuous Concrete Edging $4,000.00  Good News $1,500.00  Kari Haslip dba Licensed for Looks $1,500.00  American Motel $1,500.00  Blonder Moments by Madison $1,500.00  CBD Centers of Waseca $1,500.00  Dettmer Computer Services $3,000.00  Ann Koble $3,000.00  Brew’d Awakenings $4,000.00  Courtney Huber $1,500.00  Gidgets LLC $3,000.00  Jennifer James $3,000.00  Fox Trucking $1,500.00  Waseca Area Senior Citizens Center $3,500.00  Fox Farms $1,500.00  Hilary Johnson $1,500.00  Waseca Area Neighborhood Service Center $1,500.00  Pippi Lane Boutique LLC $1,500.00 Joe Kapper, SRF Consulting Group, was present via online platform to present an overview of a Regional Transportation Coordinating Council Project. Mr. Kapper indicated that he is looking for a resolution of support from Waseca County but not looking for funding at this time. Brad Milbrath, Sheriff, requested acceptance of a donation of $50.00 in memory of Lois Coy. Nelson moved and Krause seconded to adopt Resolution #2020-29 to accept the donation. Motion carried unanimously.

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RESOLUTION # 2020-29

WHEREAS, Minn. Stat. Sect. 465.03 allows counties to accept grants and donations of real or personal property for the benefit of its citizens in accordance with terms prescribed by the donor; and

WHEREAS, said donations must be accepted via resolution of the County Board of Commissioners by a two-thirds majority of its members; and

WHEREAS, the Board of Commissioners finds that it is appropriate to accept the donations offered;

NOW, THEREFORE, BE IT RESOLVED that the Waseca County Board of Commissioners accepts, with sincere appreciation, the following listed donations on behalf of its citizens:

Name of Donor Donation Donation Purpose Lois Coy $50.00 Memory of Lois Coy Michael Johnson, Administrator, presented a MnDOT Agreement for a detour route for use of CSAH 3 and CSAH 14 and requested adoption of Resolution #2020-30 to enter into the agreement. Nelson moved and Malterer to adopt Resolution #2020-30 approve the detour agreement, accept compensation in the amount of $31,860.38, and authorize the County Administrator and County Engineer to execute the agreement. Motion carried unanimously.

RESOLUTION # 2020-30

IT IS RESOLVED that Waseca County enter into MnDOT Agreement No. 1044620 with the State of Minnesota, Department of Transportation for the following purposes:

To provide for payment by the State to the County for the use of County State Aid Highway No. 3 and County State Aid Highway No. 14 as a detour route during the construction to be performed upon, along, and adjacent to Trunk Highway No. 60 from Trunk Highway No. 14 to Trunk Highway No. 13 under State Project No. 4006-35 (T.H. 60=60).

IT IS FURTHER RESOLVED that the Waseca County Administrator and the Waseca County Highway Engineer are authorized to execute the Agreement and any amendments to the Agreement. Michael Johnson, Administrator, presented a request for revisions to Resolution #2020-28 Tax Abatement for ConAgra and Business Subsidy Agreement and requested to schedule an additional public hearing for September 15, 2020 at 9:45 a.m. Michael Johnson, County Administrator, provided an administration update. Melissa Sexton, Human Resources Director, presented the Human Resources Agenda and announced that Georgette Hanson, Solid Waste & Recycling Director, tendered her retirement notice for October 20, 2020. The Board thanked Georgette for her years of service to Waseca County. Nelson moved and Krause seconded to approve the HR Agenda. Motion carried unanimously. a. Retirement of Georgette Hanson, Solid Waste & Recycling Director (Grade 12) effective October 20, 2020.

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Discussion was held regarding the Solid Waste and Recycling facility rebuilding project and the grounds area. A bid has been obtained from H & H Excavating bid to clear trees and stumps at the Solid Waste facility, remove vegetation and regrade a pad to allow for a safer traffic flow for the public. The estimates $65,230.00 for area #1 and $10,590.00 for area #2. Malterer moved and Nelson seconded to approve the project at a total amount of $75,820.00 with the intent to use CARES dollars at this time. Motion carried unanimously. Discussion was held regarding a possible short term lease agreement or purchase of space in the Senior Citizen Center. The Board directed Michael Johnson to pursue the options. Chair Christopherson and Commissioner Nelson will be on the steering committee. Having no further county board business, Krause moved and Nelson seconded the motion to adjourn the meeting. Motion carried unanimously and meeting adjourned at 12:12 p.m.

______Doug Christopherson, Chairperson Waseca County Board of Commissioners

ATTEST:

______Tamara J. Spooner, Clerk Waseca County Auditor/Treasurer

The following bills were audited and allowed:

A&P SERVICE INC 8,500.00 ADV CORRECTIONAL HEALTHCARE INC 834.68 AMAZON CAPITAL SERVICES 742.66 ANCOM COMMUNICATIONS INC 1,070.00 APG MEDIA OF SOUTHERN MN LLC 7.40 BAYCOM, INC 565.00 BOMGAARS SUPPLY 377.95 BOMGAARS SUPPLY 76.51 BRIAN HARGUTH 181.70 CAROL RAIMANN 75.00 CDW GOVERNMENT INC 1,709.98 CHRIS OSTERLOH 75.00 COLE PAPERS INC 309.80

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CONSOLIDATED COMMUNICATIONS MN 69.70 CPS TECHNOLOGY SOLUTIONS INC 98.00 DHS-DCT-ARC-476 1,200.00 DONAHUE ELECTRIC LLC 1,757.37 DONNELLY LAW FIRM PLLC 218.75 DRUGWISE 1,445.00 DS SOLUTIONS INC. 572.00 ELECTION SYSTEMS & SOFTWARE LLC 3,047.35 EMERGENCY AUTOMOTIVE TECH, INC 3,970.18 FINLEY ENGINEERING COMPANY INC 9,801.05 FREEBORN COUNTY COOP OIL 1,194.00 GUARDIAN SUPPLY 23.29 GWORKS 1,710.00 HOUSTON ENGINEERING INC 190.00 I & S GROUP INC 68.69 INNOVATIVE OFFICE SOLUTIONS LLC 92.55 JAGUAR COMMUNICATIONS 250.00 JANESVILLE TILE SUPPLY 38.38 JOHN DEERE FINANCIAL 82.45 KATHY ROYCRAFT 17.76 LEADS ONLINE 2,301.00 M PETERS ENTERPRISES 160.00 MEGAN KIRBY 88.55 MJB HANSEN FAMILY LP 1,219.78 MN VALLEY TESTING LAB 103.60 MN.IT SERVICES 1,300.00 NO WAIT INSIDE LLC 32.70 PAM LEHRKE 75.00 PG MEMORIALS 58.50 RAMSEY COUNTY 1,445.00 REBECCA MORGAN 223.79 RECOVERY TREK LLC 225.00 REGENTS OF UNIVERSITY OF MN 3,780.80 RIVER BEND BUSINESS PRODUCTS 294.94 RUPP ANDERSON SQUIRES & WALDSPURGER 60.00 RYAN SANDBECK 217.93 SAFETY KLEEN SYSTEMS INC. 322.97 SEACHANGE PRINT INNOVATIONS 272.06 SOUTH COUNTRY HEALTH ALLIANCE 56.52 SPEE-DEE DELIVERY SERVICE 9.55 TERRANCE MCCLUNE 1,800.00 TRAFFIC MARKING SERVICE INC 15,276.80 WASECA CO AUDITOR-TREASURER 12,916.70

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WAYNE BREITBARTH 11.53 WEST GROUP PAYMENT CTR 79.17

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WASECA COUNTY BOARD OF COMMISSIONERS WORK SESSION – SEPTEMBER 1, 2020 The Waseca County Board of Commissioners met in a work session on Tuesday, September 1, 2020, in the public meeting room, 300 North State Street, Waseca, Minnesota. Members present were Chair Doug Christopherson, Brian Harguth, Blair Nelson, DeAnne Malterer, and Brad Krause.

Others present were Michael Johnson, County Administrator; Tammy Spooner, Auditor-Treasurer; Melissa Sexton, Human Resources Manager; Brad Milbrath, Sheriff; Brian Tomford, Buildings & Grounds Director; and Sarah Berry, Public Health Director.

Chair Christopherson called the Work Session to order at 1:30 p.m. Roll call was taken and the Pledge of Allegiance was recited.

Discussion was held regarding the following 2021 Proposed Budgets:

 Sheriff  Building & Grounds / Maintenance  Public Health

The work session ended at 4:47 p.m.

______Doug Christopherson, Chairperson Waseca County Board of Commissioners

ATTEST:

______Tamara J. Spooner, Clerk Waseca County Auditor/Treasurer

375

WASECA COUNTY BOARD OF COMMISSIONERS WORK SESSION – SEPTEMBER 8, 2020 The Waseca County Board of Commissioners met in a work session on Tuesday, September 8, 2020, in the public meeting room, 300 North State Street, Waseca, Minnesota. Members present were Chair Doug Christopherson, Brian Harguth, Blair Nelson, DeAnne Malterer, and Brad Krause.

Others present were Michael Johnson, County Administrator; Tammy Spooner, Auditor-Treasurer; and Melissa Sexton, Human Resources Manager.

Chair Christopherson called the Work Session to order at 8:04 a.m. Roll call was taken and the Pledge of Allegiance was recited.

Discussion was held regarding the following:

 Capital Improvement Plan  2021 Proposed Budget  2021 Proposed Levy  CARES Act Funding  MnPrairie request for EDMS Software

The work session ended at 10:40 a.m.

______Doug Christopherson, Chairperson Waseca County Board of Commissioners

ATTEST:

______Tamara J. Spooner, Clerk Waseca County Auditor/Treasurer

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WASECA COUNTY BOARD OF COMMISSIONERS — SEPTEMBER 15, 2020 The Waseca County Board of Commissioners met in regular session on Tuesday, September 15, 2020, in the boardroom, 300 North State Street, Waseca, Minnesota. Members present were Chair Doug Christopherson, Brian Harguth, Blair Nelson, DeAnne Malterer and Brad Krause. Others present were Michael Johnson, Administrator; Tammy Spooner, Auditor- Treasurer; Melissa Sexton, Human Resources Manager; Brad Milbrath, Sheriff; Jon Schiro, Court Services Director; Rachel Cornelius, County Attorney; Mark Leiferman, Planning & Zoning Administrator; Nick Gerhardt, news reporter; Robert Androli; Sophia Hoiseth; Haley Byron, Water Planning Specialist; Mark Schaetzke, Waseca SWCD; and Ann Fitch, Executive Director, Waseca Area Chamber of Commerce. Chair Christopherson called the meeting to order at 9:30 a.m. Roll call was taken and the Pledge of Allegiance was recited. At Public Comment Sophia Hoiseth introduced herself and shared that she will be working with Waseca Vision 2030. Harguth moved and Krause seconded to approve the Agenda redact items 14 b and c from Highway Department section and to add talking point under administration regarding Constitution Week at the Courthouse. Motion carried unanimously. Malterer moved and Krause seconded to approve the minutes from August 4, 2020 Commissioner Meeting; August 12, 2020 Work Session; August 18, 2020 Work Session; August 18, 2020 Commissioner Meeting; and August 25, 2020 Special Meeting. Motion carried unanimously. Harguth moved and Nelson seconded to approve the Consent Agenda as presented. Motion carried unanimously. a. Approval of Bills b. Electronic Funds Transfer c. Extension of Zoning Permit #12409 for Steve & Ashley Harguth d. Initial Report on September 3, 2020 Planning Commission Meeting A Public Hearing was held to consider amending §6.07, §6.14 (C) and §8.03 of the Waseca County Unified Development Code to include Agritourism as a conditional use in the Limited Residential District, add Event Center/Indoor Recreation Facility under §6.07 specific standards for agricultural, natural resources and related uses and include the definition of Event Center/Indoor Recreation Facility in §8.03. Mark Leiferman, Planning & Zoning Director, presented the changes requested. The Public Hearing was opened for public comment at 9:53 a.m. There was no public comment. Nelson moved and Malterer seconded to close the public hearing at 9:54 a.m. Motion carried unanimously. Nelson moved and Malterer seconded to adopt Ordinance 143 to amend the Waseca Count Unified Development Code regarding Event Center/Indoor Recreation Facility. Motion carried unanimously.

ORDINANCE 143 AN ORDINANCE AMENDING §6.14(C), §6.07(C) and §8.03 OF THE WASECA COUNTY UNIFIED DEVELOPMENT CODE

The County Board of Commissioners for Waseca County hereby ordains as follows:

WHEREAS, an application was received to amend the Waseca County Unified Development Code §6.14(C) Conditional Uses, §6.07(C) Agritourism and §8.03 Definitions and Acronyms; and

WHEREAS, the Waseca County Planning Commission conducted a public hearing on July 2, 2020 regarding the proposed amendment to the Waseca County Unified Development Code, and recommended its approval as depicted in Exhibit A to the Waseca County Board of Commissioners on August 6, 2020; and

WHEREAS, the Waseca County Board of Commissioners held a public hearing at their meeting on September 15, 2020 to adopt the amendment to the Waseca County Unified Development Code as shown in Exhibit A;

NOW, THEREFORE, Waseca County Board of Commissioners does ordain that the Waseca County Unified Development Code shall be amended as shown in Exhibit A appended to this Ordinance.

(A full copy of the Ordinance 143, together with attachments, is on file at the Planning & Zoning Office.) Haley Byron, Water Resource Specialist, and Mark Schaetzke, District Manager Waseca Soil & Water Conservation District, were present to request support and to subsidize the cost to participate in the U of M Extension Soil Management Summit. Mark recommends $75.00, per participant, toward the cost. Malterer moved and Krause seconded to support the effort and contribute $75.00 per person for up to 25 participants. Motion carried unanimously. A Public Hearing was held to consider modifying the terms of the Tax Abatement for ConAgra adopted on August 18, 2020 by the Waseca County Board of Commissioners as Resolution No. 2020-28. Michael Johnson, County Administrator, provided an overview of the changes. The public hearing was opened to public comment at 10:16 a.m. There was no public comment. Nelson moved and Krause seconded to close the public hearing at 10:16 a.m. Motion carried unanimously. Nelson moved and Krause seconded to adopt Resolution #2020-28 as amended and restated in substantially the format provided. Motion carried unanimously.

RESOLUTION NO. 2020-28

AMENDED AND RESTATED RESOLUTION RELATING TO A TAX ABATEMENT FOR CONAGRA FOODS PACKAGED FOODS, LLC

The terms of this resolution, amend and restate the terms of the original Tax Abatement Resolution No. 2020-28 approved by the Waseca County Board on August 18, 2020.

BE IT RESOLVED by the County Board for Waseca County, Minnesota (the “County”), as follows:

Section 1. Authorization and Recitals.

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1.01. The County, pursuant to Minnesota Statutes, Sections 469.1812 to 469.1815, as amended (the “Act”), is authorized to grant an abatement of the property taxes imposed by the County on a parcel of property, if certain conditions are met, through the adoption of a resolution, specifying the terms of the abatement.

1.02. Conagra Foods Packaged Foods, LLC., a Delaware corporation (the “Owner”) has proposed that it undertake a project (the “Project”) consisting of the construction and equipping of approximately 240,000 square foot industrial manufacturing facility on certain property located in the County, legally described in Exhibit “A”, which is a portion of Tax Parcel No. 09.013.0600, which Tax Parcel No. is subject to change due to annexation (the “Property”).

1.03. Pursuant to the Act, this Board on August 18, 2020, conducted a public hearing on the desirability of granting the abatement following proper notice of such hearing. Following the original hearing, the terms of the abatement were modified necessitating the need for a second hearing regarding the abatement. The second hearing was conducted on September 15, 2020. The notice of the public hearing was duly published as required by law in the Waseca County News, a newspaper of general circulation in the County, on September 4, 2020.

Section 2. Findings. On the basis of the information provided by the Owner and elicited at the public hearing referred to in Section 1.03, it is hereby found, determined and declared:

2.01. Granting the proposed abatement is in the public interest because it will 1) increase the tax base of Waseca County and 2) increase employment in Waseca County.

2.02. The Board expects that the benefits to the County of the proposed abatement to at least equal or exceed the costs to the County of the proposed abatement.

2.03. The Property is not located in a tax increment financing district.

2.04. This Board hereby finds that the Project conforms to the general plan for the development of the County as a whole.

2.05. In any year, the total amount of property taxes abated by the County by this and other resolutions, if any, shall be equal to 65% of the County’s share of property taxes as calculated tax on an improvement value of $14,000,000 and all abated taxes shall not exceed $2,650,000 in total over the entire term.

2.06. It is in the best interests of the County to grant the tax abatement authorized in this Amended and Restated Resolution.

Section 3. Terms of the Tax Abatement.

3.01. A property tax abatement is hereby approved for property taxes levied by the County on the Property for ten (20) years, commencing with taxes payable in 2023, through and including taxes payable in 2042 (the “Abatement”). Waseca County has been asked to provide an abatement for the Property. The Abatement shall be subject to all the terms and limitations of the Act.

3.02. The terms of the Abatement shall be as set forth in this Amended and Restated Resolution and in the Tax Abatement Agreement to be approved by this Board by and between the County and the Owner; provided, however, that the Abatement shall be payable solely from the County share of the property taxes

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paid with respect to the Property and actually received by the County and shall not be payable from any other funds of the County.

3.03. Notwithstanding anything to the contrary contained in this Amended and Restated Resolution, under no circumstance will the amount of the Abatement in any given year exceed sixty five percent (65%) of the County’s share of the total amount of property taxes as calculated tax on an improvement value of $14,000,000 and levied by the County on the Property and received by the County from the collection thereof in such year. In addition, all abated property taxes on the Property shall not exceed $2,650,000 in total over the entire twenty year term.

3.04. The Abatement shall be paid to the Owner of the Property as provided in the Tax Abatement Agreement.

3.05. The Abatement may not be modified or changed during its term.

Malterer moved and Nelson seconded to approve the amended Business Subsidy Agreement in substantially the form provided. Motion carried unanimously. Mark Leiferman, Planning & Zoning Administrator, presented a Conditional Use Permit request from Nicholas & Megan James for an Indoor Athletic Facility / Event Center in Janesville Township. Having read the Criteria in advance of the meeting, the Board dispensed with the formal reading of the Criteria. The Conditions for the CUP were presented by Mark Leiferman. After discussion, Harguth moved and Krause seconded to approve the Criteria. Motion carried unanimously. Nelson moved and Malterer seconded to approve the Conditional Use Permit as presented. Motion carried unanimously. Tammy Spooner, Auditor-Treasurer, requested transfers between funds. Harguth moved and Krause seconded to approve the transfers as requested. Motion carried unanimously.

From To #1a 25 Special Rev Fund – 911 $ 44,000.00 01 General Fund - Information Tech $22,000.00 #1b 11 Building Fund $ 22,000.00

#2 01 General Fund – Info Tech $ 22,000.00 32 Debt Service $ 22,000.00

#3 11 Building Fund $ 22,000.00 32 Debt Service $ 22,000.00

Purpose of transfers: #1a - 911 Fund reimbursement to Information Technology for software #1b - 911 Fund reimbursement to Building Fund for utilities #2 - General Fund Information Technology to Debt Service for Community Services Building #3 - Building Fund to Debt Service for Community Services Building Brad Milbrath, Sheriff, requested approval to order six squad cars for arrival in 2021. The quote from Deml Ford is $36,340.00, each for a total of $218,040.00. Malterer moved and Nelson seconded to approve the purchase from Deml Ford at a total cost of $218,040.00. Motion carried unanimously.

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Sheriff Milbrath requested to accept a donation of $2,643.07 in memory of Lowell E. Nelson. Nelson moved and Krause seconded to adopt Resolution #2020-32 for acceptance of the donation. Motion carried unanimously.

Resolution 2020-32 Resolution Accepting Donations

WHEREAS, Minn. Stat. Sect. 465.03 allows counties to accept grants and donations of real or personal property for the benefit of its citizens in accordance with terms prescribed by the donor; and

WHEREAS, said donations must be accepted via resolution of the County Board of Commissioners by a two-thirds majority of its members; and

WHEREAS, the Board of Commissioners finds that it is appropriate to accept the donations offered;

NOW, THEREFORE, BE IT RESOLVED that the Waseca County Board of Commissioners accepts, with sincere appreciation, the following listed donations on behalf of its citizens:

Name of Donor Donation Donation Purpose Lowell E. Nelson $2643.07 Memory of Lowell E Nelson

Jonathan Schiro, Court Services Director, presented a request to approve an amended agreement between the Steele-Waseca Drug Court and the State of Minnesota- Third Judicial District. The agreement is being amended to increase the $169,000.00 reimbursement by an additional $20,275.28, due to unexpended funds from Fiscal Year 2020. Harguth moved and Krause seconded to approve the amended agreement for a total reimbursement amount of $189,275.28. Motion carried unanimously. Michael Johnson, County Administrator, presented 41 applications for COVID-19 Small Business and Non-Profit Relief Grant Program for a total County share of $88,500.00. Malterer moved and Harguth seconded to approve the payments as requested. Motion carried unanimously.

 Jenna Mulcahy $ 3,000.00  Lindsey Barbknecht $ 3,000.00  Matson Design $ 3,000.00  Morgan’s Meat Market $10,000.00  Reinbold Sportsmen Campground $ 3,000.00  Shelli’s Travel LLC $ 3,000.00  Trapper’s Lane $ 3,000.00  Waseca Lakeside Club $ 8,000.00  Boje Construction LLC $ 1,500.00  D&M Body Shop $ 2,500.00  Four Seasons Apparel & More LLC $ 1,500.00  Glitter & Grace LLC $ 1,500.00  Hannah Boyer $ 1,500.00  Icon Barbers $ 1,500.00  Katie Clayton $ 1,500.00  Katie Judd-Landrum $ 1,500.00

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 Linder’s Liquor $ 2,000.00  Lodging at Lake Aire $ 1,500.00  Mis Tres Flores $ 2,500.00  Prime Finish Painting $ 1,500.00  Sarah Rodriguez $ 1,500.00  Schmidt Brothers Farms $ 1,500.00  Suburban Furniture $ 4,000.00  Tasty House $ 1,500.00  Thrivent Financial – Diane Beckmann $ 1,500.00  Tia Johnson $ 1,500.00  Trio Coffee Wine & Ale House $ 2,000.00  Waseca Area Arts Council $ 1,500.00  Waseca Area Caregivers Services $ 1,500.00  Ultra Beach $ 1,500.00  Carol’s Daycare $ 3,000.00  Fennert Trucking $ 8,000.00  Curtis Johnson $ 3,000.00

Nathan Richman, County Engineer, requested to purchase a used truck with a Freightliner truck body and 2020 Etnyre S-2000 distributor equipment in the amount of $130,000.00. The truck was previously used as a one-year rental and a $15,000.00 trade is factored into the price. After discussion, Harguth moved and Krause seconded to approve the purchase of used Freightliner with Etnyre at a net cost of $130,000.00 plus $2,000.00 upcharge, to add warranty. Harguth also requested that staff look at the machine prior to payment, due to the prior rental. Motion carried unanimously. Michael Johnson, County Administrator, presented information to consider in setting the proposed 2021 budget and levy. Malterer moved and Nelson seconded to adopt the 2021 levy with a 2.7% increase over 2020. Motion failed 0-5. Harguth moved and Nelson seconded to adopt Resolution 2020-33 setting the 2021 levy at $17,119,154 which is a 2.25% increase over 2020 levy. Motion carried 5-0. Resolution 2020-33 Resolution Establishing a Preliminary Levy and Budget for the Purpose of Preparing the 2021 Proposed Property Tax Statements

WHEREAS, the Waseca County Board of Commissioners annually reviews the types and levels of service Waseca County must provide along with associated costs; and

WHEREAS, the Waseca County Board of Commissioners is annually challenged with the task of balancing needs and desires of those serviced and the ability to pay for these services; and

WHEREAS, the Waseca County Board of Commissioners is committed to maintaining reliable and consistent property tax levels; and

WHEREAS, Minnesota Statutes 275.065 Subd.1 requires that the proposed property tax levy for the coming year be certified to the County Auditor/Treasurer by September 30.

6

NOW, THEREFORE, BE IT RESOLVED by the Waseca County Board of Commissioners in and for the County of Waseca, Minnesota, does hereby adopt a maximum net tax levy of $17,119,154, as shown in the below table, which shall be used to prepare the Proposed Property Tax Statements and public hearing notice; and

BE IT FURTHER RESOLVED the Waseca County Board of Commissioners in and for the County of Waseca, Minnesota, hereby certifies this preliminary levy to the Waseca County Auditor/Treasurer and authorizes the preparation and distribution of the proposed 2021 Property Tax Statements and public hearing notice.

BE IT FURTHER RESOLVED the Waseca County Board of Commissioners adopts $29,314,868 as the proposed 2021 budget for Waseca County under Minnesota Statutes 375A.06 Subd.4 (e) that provides the County Administrator shall prepare and submit to the County Board a proposed annual budget.

BE IT FURTHER RESOLVED the Waseca County Board of Commissioners set Tuesday, December 8 at 6:30 p.m. as the Budget Hearing Meeting date and time for the 2021 Final Levy and Budget to be discussed. The meeting will be held in the Board of Commissioners Room located within the East Annex at 300 North State Street, Waseca, Minnesota.

This resolution shall become effective upon its passage and directs further publication. Dated this 15th day of September 2020.

Michael Johnson, County Administrator, presented the Human Resources Agenda as amended and requested approval. Harguth moved and Krause seconded to approve the HR Agenda as presented. Motion carried unanimously.

a. Conditional offer of Employment Jeffery Wagner, Property Appraiser with a starting salary of $25.00 (grade 7: $24.00 - $29.99). Tentative start date to be determined. (Assessor’s Office) b. Conditional offer of Employment Chad Miller, Solid Waste & Recycling Technician (1.0 FTE) with a starting salary of $17.64 (grade 3: $17.64 - $22.05). Tentative startdate to be September 28, 2020. (Solid Waste & Recycling) c. Resignation of Joseph Vajgrt, Public Health Nurse – 4 yr. Degree (grade 9) effective September 18, 2020. (Public Health) d. Recruitment initiated for Public Health Nurse – 4 yr. Degree (grade 9: $27.47 - $34.34). (Public Health) e. Recruitment initiated for Dispatch (.50 FTE) (Grade 6: $22.22 - $27.77) Sheriff’s Office

7

Michael Johnson shared for discussion a request from Wilkus to allow her to place a small Constitution Week display in the Courthouse from September 17-23, 2020. Nelson moved and Harguth seconded to allow the display. Motion carried unanimously. Having no further county board business, Krause moved and Nelson seconded the motion to adjourn the meeting. Motion carried unanimously and meeting adjourned at 12:49 p.m.

______Doug Christopherson, Chairperson Waseca County Board of Commissioners

ATTEST:

______Tamara J. Spooner, Clerk Waseca County Auditor/Treasurer

The following bills were audited and allowed:

A.H. HERMEL COMPANY 281.90 ABC WIRE SALES CO 1,980.00 ADVANCED CORRECTIONAL HEALTHCARE INC 2,740.58 AMAZON CAPITAL SERVICES 431.64 APH STORES, INC. 285.43 BAKER TILLY VIRCHOW KRAUSE LLP 4,700.00 BOCKS SERVICE INC 707.00 BRITTON PLUMBING & HEATING LLC 148.84 BUDACH IMPLEMENT INC 18.45 CHRISTENSEN TIRE & AUTO REPAIR 3,044.24 CITY OF WASECA UTILITIES 9,569.58 COBAN TECHNOLOGIES INC 22,547.90 COLE PAPERS INC 51.40 CONSOLIDATED COMMUNICATIONS MN CO 1,873.46 CONTROL SOLUTIONS INC 13.00 DAVE'S BODY SHOP 11,667.93 DEANNE MALTERER 34.33 DEML FORD INC 596.58 DIGGER ENTERPRISES LLP 12,866.75 DONAHUE ELECTRIC LLC 870.50 DONNELLY LAW FIRM PLLC 2,743.20

8

EMERGENCY AUTOMOTIVE TECH, INC 17,567.81 EXPRESS CARE INC 158.76 EXPRESS SERVICES INC 942.50 EXPRESS SERVICES INC 425.00 FELBER LLC 280.00 FIRST NATIONAL BANK 6946 149.00 FIRST NATIONAL BANK 9655 516.84 FIRST NATIONAL BANK 3975 44.44 FIRST NATIONAL BANK OMAHA 7265 197.77 FIRST NATIONAL BANK 5529 1,106.50 FIRST NATIONAL BANK 9593 254.96 FIRST NATIONAL BANK OMAHA 9296 1,541.27 FIRST NATIONAL BANK OMAHA 0710 1,025.65 FIRST NATIONAL BANK OMAHA 1325 280.00 FIRST NATIONAL BANK OMAHA 1957 102.54 FIRST NATIONAL BANK OMAHA 2905 19.24 FIRST NATIONAL BANK OMAHA 3150 1,138.21 FIRST NATIONAL BANK OMAHA 4404 15.35 FIRST NATIONAL BANK OMAHA 4986 589.29 FIRST NATIONAL BANK OMAHA 5215 83.82 FIRST NATIONAL BANK OMAHA 5348 84.89 FIRST NATIONAL BANK OMAHA 6072 4.52 FIRST NATIONAL BANK OMAHA 6171 55.64 FIRST NATIONAL BANK OMAHA 8006 7.75 FIRST NATIONAL BANK OMAHA 8263 25.62 FIRST NATIONAL BANK OMAHA 8264 234.65 FLEET PRIDE 494.22 IDENTISYS, INC 153.61 INNOVATIVE OFFICE SOLUTIONS LLC 835.77 JAGUAR COMMUNICATIONS 250.00 JANESVILLE HARDWARE LLC 34.74 JANESVILLE TILE SUPPLY 25.75 JEAN STEFFENS 54.25 JOEL D EATON 380.00 LOFFLER 134.29 MADDEN, GALANTER, HANSEN LLP 1,377.00 MEI TOTAL ELEVATOR SOLUTIONS 391.40 MN DEPT OF LABOR & INDUSTRY 10.00 MN VALLEY COUNCIL OF GOVTS 114.00 MN VALLEY TESTING LAB 103.60 NAPA AUTO PARTS MPEC 123.99

9

NORTH CENTRAL INTERNATIONAL INC 36.23 NOW MICRO 649.00 OWATONNA METAL RECYCLING INC. 60.00 PATTON HOVERSTEN & BERG PA 1,710.00 PERSONALIZED PRINTING OF WASECA INC 117.70 PREMIER BIOTECH 827.63 PROBUILD COMPANY WASECA 145.97 RAPID PACKAGING INC 248.27 REGENTS OF UNIVERSITY OF MN 1,294.30 RELX INC 808.58 RENT N SAVE PORTABLE SERVICES INC 95.00 RIVER BEND BUSINESS PRODUCTS 278.85 RIVER VALLEY FORENSIC SERVICES PA 750.00 RUSSELL GUSE 1,453.09 SMITHS MILL IMPLEMENT INC 76.99 SOUTH DAKOTA DEPARTMENT OF HEALTH 15.00 SPEE-DEE DELIVERY SERVICE 20.05 SPORTSMAN STOP 21.74 STEELE CO DETENTION CENTER 287.50 STONEBROOKE ENGINEERING INC 13,417.06 STREICHERS 311.46 TAFT STETTINIUS & HOLLISTER LLP 9,848.80 TERRANCE MCCLUNE 925.00 THE RETROFIT COMPANIES 210.97 THOMPSON SANITATION 33,458.23 WASECA HARDWARE LLC 497.24 WASECA HARDWARE LLC 56.66 WASECA SAND & GRAVEL INC 20,352.40 WRIGHT & ASSOCIATES LLC 4,066.92 ZARNOTH BRUSH WORKS INC 1,253.80

10

WASECA COUNTY BOARD OF COMMISSIONERS — SEPTEMBER 29, 2020 The Waseca County Board of Commissioners met in special session on Tuesday, September 29, 2020, in the boardroom, 300 North State Street, Waseca, Minnesota. Members present were Chair Doug Christopherson, DeAnne Malterer and Brad Krause. Commissioner Brian Harguth was present via online platform. Commissioner Blair Nelson was absent. Others present were Michael Johnson, Administrator; Tammy Spooner, Auditor- Treasurer; and Melissa Sexton, Human Resources Manager. Chair Christopherson called the meeting to order at 8:30 a.m. Roll call was taken and the Pledge of Allegiance was recited. Michael Johnson, Administrator, provided information regarding a proposed restructuring plan for the positions at the Solid Waste & Recycling Center. After a review of the Job Analysis Questionnaires, review of current pay structure and SAFE classification system, Mr. Johnson recommended the following structure: Solid Waste & Recycling Supervisor Grade 10 Solid Waste & Recycling Specialist Grade 6 Solid Waste & Recycling Lead Grade 5 Solid Waste Technician (2) Grade 4 The supervisor position replaces the department head with a reduction in duties and responsibilities, lowering from a Grade 12 to a Grade 10. The specialist would have increased duties and responsibilities, as well as include points for hazardous conditions, raising from a Grade 4 to a Grade 6. The lead would be a new position at a Grade 5. There will be no increase to the quantity of full time equivalent (FTE) positions. The supervisor will report to the County Administrator. After discussion, Malterer moved and Krause seconded to approve the reclassifications and grade changes as follows: Solid Waste & Recycling Supervisor – Grade 10 and Solid Waste & Recycling Specialist – Grade 6. Motion carried unanimously. Krause moved and Malterer seconded to initiate recruitment for a Solid Waste & Recycling Supervisor (Grade 10). Motion carried unanimously. Krause moved and Malterer seconded to initiate recruitment for a Solid Waste & Recycling Lead (Grade 5). Motion carried unanimously. Michael Johnson, Administrator, presented information regarding commitment of funding for Boarder to Boarder Grant process for broadband infrastructure. Discussion was held regarding committing $258,065.50 of CARES Funding with an additional $25,806.35 on reserve for potential cost overage. There is an increased need in Waseca County to improve internet connectivity to residents for teleworking, distance learning and hybrid learning due to COVID-19. Malterer moved and Krause seconded to adopt Resolution 2020-35 Commitment of Coronavirus Relief Funds Issued by the Cares Act

for Broadband Infrastructure in Response to the COVID-19 Pandemic. Motion carried unanimously. RESOLUTION NO. 2020-35 COMMITMENT OF CORONAVIRUS RELIEF FUNDS ISSUED BY THE CARES ACT FOR BROADBAND INFRASTRUCTURE IN RESPONSE TO THE COVID-19 PANDEMIC

WHEREAS, the COVID-19 Pandemic requires broadband relief for the unserved and underserved residents of Waseca County; and WHEREAS, the Treasury's Coronavirus Relief Fund ("Fund") Guidance for State, Territorial, Local and Tribal Governments, dated September 2, 2020, ("Guidance") allows that such expenditures would only be permissible if they are necessary for the public health emergency.; and WHEREAS, amounts paid from the Fund must be used for necessary expenditures due to the public health emergency; and are subject to the restrictions outlined in the Guidance and set forth in section 601(d) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act"); and WHEREAS, Coronavirus Relief Funds were requested and received by Waseca County in the amount of $2,272,501; and WHEREAS, the Waseca County Board of Commissioners has previously expressed a desire to support education efforts including distance learning via Resolution 2020-27 on August 4, 2020, in the amount of $250,000; and WHEREAS, the Waseca County Board of Commissioners has deemed this a necessary expenditure due to the COVID-19 pandemic; and WHEREAS, per current US Treasury guidelines, updated on September 4, 2020, the County is responsible for repayment of any unused funds as of December 1, 2020; and WHEREAS, the Waseca County Board of Commissioners previously authorized a broadband feasibility study on April 21, 2020, to pursue solutions for unserved and underserved residents in light of the public health emergency; and WHEREAS, Waseca County staff have conducted extensive analysis on the most intuitive and advantageous routes of fiber optic overlay in rural areas; and WHEREAS, the Minnesota Employment and Economic Development (DEED) Office of Broadband Development has provided a state resource that help make the financial case for new and existing Internet Service Providers (ISPs) to invest in building broadband infrastructure into unserved and underserved areas of the State known as the Border to Border Broadband Development Grant Program pursuant to Minn. Stat. 116J.395; and WHEREAS, Waseca County staff and their consultants contacted seven ISPs to gauge their interest in pursuing expanded services in Waseca County through joint application of the Border to Border Grant Program; and WHEREAS, the application deadline for the Border to Border Grant Program is September 30, 2020; and

2

WHEREAS, Metronet Inc. responded to Waseca County with a plan and cost for construction of three separate fiber optic routes totaling 175,134 feet and a total project cost of $860,212; and WHEREAS, the scoring rubric of the Border to Border Grant Program allows for additional points on the when requesting less than a 50/50 match; and WHEREAS, Waseca County staff and Metronet Inc. will be submitting an application requesting a 40% match of total project cost totaling $344,085; and WHEREAS, Waseca County will contribute 30% of the overall cost of the project totaling $258,063.50; and WHEREAS, Metronet Inc. will contribute 30% of the overall cost of the project totaling $258,063.50; and

NOW, THEREFORE, BE IT RESOLVED that the Waseca County Board of Commissioners authorizes $258,063.50 of Coronavirus Relief Fund dollars to be spent installing fiber optic cable to provide additional broadband connectivity solutions to Waseca County residents.

BE IT FURTHER RESOLVED that the Waseca County Board of Commissioners understands minor deviations to this amount of less than 10% ($25,806.35) are possible and approve this amount in substantially the form provided without needing to be brought back for additional reconsideration; and

BE IT FURTHER RESOLVED that the Waseca County Board of Commissioner has final discretionary authority on approval of all disbursements made with Coronavirus Relief Funds.

Having no further county board business, Krause moved and Malterer seconded the motion to adjourn the meeting. Motion carried unanimously and meeting adjourned at 9:24 a.m.

______Doug Christopherson, Chairperson Waseca County Board of Commissioners

ATTEST:

______Tamara J. Spooner, Clerk Waseca County Auditor/Treasurer

3

09/30/2020 12:57 |Waseca, MN |P 1 5264aschauer | Vendor Warrant List Report |apwarrnt

DATE: 10/09/2020 CHECK RUN: C100620 AMOUNT: $ 328,520.10

APPROVED BY: ______

09/30/2020 12:57 |Waseca, MN |P 2 5264aschauer | DETAIL INVOICE LIST |apwarrnt

CASH ACCOUNT: 99000000 1001 Cash CHECK RUN: C100620 10/09/2020 DUE DATE: 10/09/2020

VENDOR G/L ACCOUNTS R PO TYPE DUE DATE INVOICE/AMOUNT CHECK ______

3653 A.H. HERMEL COMPANY 00000 EFT 09/30/2020 845813 1 25257000 6807 JailCntn JailCanMis 231.42 Invoice Net 231.42 CHECK TOTAL 231.42 ______

4035 ADVANCED CORRECTIONAL 00000 EFT 09/30/2020 99856 1 01201217 6268 ShrfBrdPrs Medical 295.64 Invoice Net 295.64 CHECK TOTAL 295.64 ______

759 ALLINA HEALTH SYSTEM 00000 INV 09/30/2020 EH10732594400 1 01091000 6260 Attrny ProTechSvc 1,285.40 Invoice Net 1,285.40 CHECK TOTAL 1,285.40 ______

4269 ALLSTATE SALES AND LEA 00001 INV 09/30/2020 3304163009 1 13340000 6564 HwyEqMt/Sh MchVehPrts 17.64 Invoice Net 17.64 4269 ALLSTATE SALES AND LEA 00001 INV 09/30/2020 3304162622 1 13340000 6564 HwyEqMt/Sh MchVehPrts 14.20 Invoice Net 14.20 CHECK TOTAL 31.84 ______

7768 ALTERNATIVE RESOLUTION 00000 INV 09/30/2020 23217 1 01014000 6260 CrtAdmnCo ProTechSvc 203.75 Invoice Net 203.75 CHECK TOTAL 203.75 ______

4915 AMAZON CAPITAL SERVICE 00000 INV 09/30/2020 1VVG-R169-LT9R 1 01451451 6401 PHNrsng OffcSuppls 31.64 Invoice Net 31.64 4915 AMAZON CAPITAL SERVICE 00000 INV 09/30/2020 1LYL-CNMW-C1WJ 1 01451457 6430 PHP MdclSppls 334.90 2 01451451 6401 PHNrsng OffcSuppls 54.39 Invoice Net 389.29 4915 AMAZON CAPITAL SERVICE 00000 INV 09/30/2020 1CPT-1MF3-9YYY 1 01451457 6430 PHP MdclSppls 98.82 Invoice Net 98.82 4915 AMAZON CAPITAL SERVICE 00000 INV 09/30/2020 177H-VG9F-DQDG 1 01451457 6430 PHP MdclSppls 425.83 2 01451451 6430 PHNrsng MdclSppls 8.99 Invoice Net 434.82 4915 AMAZON CAPITAL SERVICE 00000 INV 09/30/2020 1VVG-R169-79KK 1 01451457 6401 PHP OffcSuppls 29.88 2 01451451 6401 PHNrsng OffcSuppls 27.19 Invoice Net 57.07 CHECK TOTAL 1,011.64 ______

09/30/2020 12:57 |Waseca, MN |P 3 5264aschauer | DETAIL INVOICE LIST |apwarrnt

CASH ACCOUNT: 99000000 1001 Cash CHECK RUN: C100620 10/09/2020 DUE DATE: 10/09/2020

VENDOR G/L ACCOUNTS R PO TYPE DUE DATE INVOICE/AMOUNT CHECK ______

4088 ANCOM COMMUNICATIONS I 00000 INV 09/30/2020 96954 1 01201220 6344 ShrfProTch RadioMntc 583.00 Invoice Net 583.00 CHECK TOTAL 583.00 ______

1648 AUDRA VEROEVEN 00000 INV 09/30/2020 9/15 STMNT 1 01602000 6111 Extsn PerDiems 75.00 Invoice Net 75.00 CHECK TOTAL 75.00 ______

2787 AXON ENTERPRISE, INC 00000 INV 09/30/2020 SI-1680007 1 01201229 6478 OffSupShrf DepSppl 2,752.00 Invoice Net 2,752.00 CHECK TOTAL 2,752.00 ______

2809 BAKER TILLY VIRCHOW KR 00000 EFT 09/30/2020 BT1684886 1 01062000 6267 CenSvcs StAudtng 6,700.00 Invoice Net 6,700.00 CHECK TOTAL 6,700.00 ______

2366 BOMGAARS SUPPLY 00000 INV 09/30/2020 81-007-9 9/16/20 1 13340000 6590 HwyEqMt/Sh TlsShpMat 19.99 Invoice Net 19.99 CHECK TOTAL 19.99 ______

4469 BRITTON PLUMBING & HEA 00000 INV 09/30/2020 999319 1 01112000 6310 LEBldgMtc EqRepMtc 225.18 Invoice Net 225.18 CHECK TOTAL 225.18 ______

8470 LAW OFFICES OF CAMERON 00000 INV 09/30/2020 2777 1 01014000 6261 CrtAdmnCo CrtAptAtty 170.00 Invoice Net 170.00 CHECK TOTAL 170.00 ______

4624 CDW GOVERNMENT INC 00000 INV 09/30/2020 1424015 1 01061061 6480 ITTechnlgy NonCapInv 1,665.60 Invoice Net 1,665.60 4624 CDW GOVERNMENT INC 00000 INV 09/30/2020 1439683 1 01061061 6401 ITTechnlgy OffcSuppls 135.37 Invoice Net 135.37 CHECK TOTAL 1,800.97 ______

3175 CJ MASONRY 00000 INV 09/30/2020 1487 1 19391000 6611 TransStatn BldgImp 28,000.00 Invoice Net 28,000.00 3175 CJ MASONRY 00000 INV 09/30/2020 1493

09/30/2020 12:57 |Waseca, MN |P 4 5264aschauer | DETAIL INVOICE LIST |apwarrnt

CASH ACCOUNT: 99000000 1001 Cash CHECK RUN: C100620 10/09/2020 DUE DATE: 10/09/2020

VENDOR G/L ACCOUNTS R PO TYPE DUE DATE INVOICE/AMOUNT CHECK ______

1 11118000 6611 GenrlBldg BldgImp 20,850.00 Invoice Net 20,850.00 3175 CJ MASONRY 00000 INV 09/30/2020 1494 1 42844117 6260 20AHS/PH ProTechSvc 500.00 Invoice Net 500.00 3175 CJ MASONRY 00000 INV 09/30/2020 1492 1 19391000 6611 TransStatn BldgImp 3,000.00 Invoice Net 3,000.00 CHECK TOTAL 52,350.00 ______

3477 COLE PAPERS INC 00000 INV 09/30/2020 9877893 1 01117000 6410 HSPHBldgMt CstBldgSpp 90.00 Invoice Net 90.00 3477 COLE PAPERS INC 00000 INV 09/30/2020 9854507 1 01111000 6410 CHBldgMtc CstBldgSpp 250.00 2 01112000 6410 LEBldgMtc CstBldgSpp 250.00 3 01115000 6410 EABldMtc CstBldgSpp 250.00 4 01116000 6410 ExtBldMtc CstBldgSpp 39.45 5 01117000 6410 HSPHBldgMt CstBldgSpp 250.00 Invoice Net 1,039.45 3477 COLE PAPERS INC 00000 INV 09/30/2020 9880511 1 01111000 6410 CHBldgMtc CstBldgSpp 19.80 2 01112000 6410 LEBldgMtc CstBldgSpp 19.80 3 01115000 6410 EABldMtc CstBldgSpp 19.80 4 01116000 6410 ExtBldMtc CstBldgSpp 19.80 5 01117000 6410 HSPHBldgMt CstBldgSpp 19.80 Invoice Net 99.00 3477 COLE PAPERS INC 00000 INV 09/30/2020 9880476 1 01111000 6410 CHBldgMtc CstBldgSpp 425.00 2 01112000 6410 LEBldgMtc CstBldgSpp 425.00 3 01115000 6410 EABldMtc CstBldgSpp 425.00 4 01116000 6410 ExtBldMtc CstBldgSpp 6.22 5 01117000 6410 HSPHBldgMt CstBldgSpp 425.00 Invoice Net 1,706.22 3477 COLE PAPERS INC 00000 INV 09/23/2020 9872184 1 01062000 6403 CenSvcs OffcSuppls 1,280.00 Invoice Net 1,280.00 3477 COLE PAPERS INC 00000 INV 09/30/2020 9883200 1 01111000 6410 CHBldgMtc CstBldgSpp 240.00 2 01112000 6410 LEBldgMtc CstBldgSpp 240.00 3 01115000 6410 EABldMtc CstBldgSpp 240.00 4 01116000 6410 ExtBldMtc CstBldgSpp 5.10 5 01117000 6410 HSPHBldgMt CstBldgSpp 240.00 Invoice Net 965.10 CHECK TOTAL 5,179.77 ______

2445 COMMUNITY COMPLIANCE M 00000 INV 09/30/2020 AUG20A-WSC

09/30/2020 12:57 |Waseca, MN |P 5 5264aschauer | DETAIL INVOICE LIST |apwarrnt

CASH ACCOUNT: 99000000 1001 Cash CHECK RUN: C100620 10/09/2020 DUE DATE: 10/09/2020

VENDOR G/L ACCOUNTS R PO TYPE DUE DATE INVOICE/AMOUNT CHECK ______

1 01254000 6264 ElecMonit ElecMntrg 78.00 Invoice Net 78.00 CHECK TOTAL 78.00 ______

7775 CONSOLIDATED COMMUNICA 00000 EFT 09/30/2020 507-835-0664 9/22 1 01002000 6201 Commssnrs CelTelPhn 19.97 2 01013000 6201 Crt Admn CelTelPhn 135.79 3 01031000 6201 CoAdmn CelTelPhn 19.97 4 01041000 6201 Aud-Treas CelTelPhn 70.56 5 01042000 6201 LicBureau CelTelPhn 45.26 6 01061061 6201 ITTechnlgy CelTelPhn 70.56 7 01062000 6201 CenSvcs CelTelPhn 276.90 8 01091000 6201 Attrny CelTelPhn 31.95 9 01101000 6201 Rcrdr CelTelPhn 51.92 10 01103000 6201 Assr CelTelPhn 38.61 11 01107000 6201 P&Z CelTelPhn 31.95 12 01111000 6201 CHBldgMtc CelTelPhn 6.66 13 01121000 6201 Vets Svcs CelTelPhn 31.95 14 01201211 6201 ShrfPhn CelTelPhn 169.07 15 01252000 6201 CrtSvcs CelTelPhn 58.57 16 01281000 6201 EmrgyMgmt CelTelPhn 70.56 17 01451451 6201 PHNrsng CelTelPhn 65.23 18 01451453 6201 CmEnvrHlth CelTelPhn 19.97 19 01602000 6201 Extsn CelTelPhn 58.57 20 13310000 6201 HwyAdmin CelTelPhn 31.95 21 19391000 6201 TransStatn CelTelPhn 25.26 22 01062000 6201 CenSvcs CelTelPhn 35.84 Invoice Net 1,367.07 7775 CONSOLIDATED COMMUNICA 00000 EFT 09/30/2020 507-052-2813 9/22 1 25207000 6340 E911 RntSvcAgrt 64.21 Invoice Net 64.21 7775 CONSOLIDATED COMMUNICA 00000 EFT 09/30/2020 5074638212 9/22 1 13340000 6201 HwyEqMt/Sh CelTelPhn 53.24 Invoice Net 53.24 7775 CONSOLIDATED COMMUNICA 00000 EFT 09/30/2020 5072316708 9/22 1 13340000 6201 HwyEqMt/Sh CelTelPhn 56.74 Invoice Net 56.74 7775 CONSOLIDATED COMMUNICA 00000 EFT 09/30/2020 5070527447 9/15 1 13340000 6201 HwyEqMt/Sh CelTelPhn 69.70 Invoice Net 69.70 CHECK TOTAL 1,610.96 ______

5818 CPS TECHNOLOGY SOLUTIO 00000 EFT 09/30/2020 379210 1 01061061 6310 ITTechnlgy EqRepMtc 98.00 Invoice Net 98.00 5818 CPS TECHNOLOGY SOLUTIO 00000 EFT 09/30/2020 379227 1 01061061 6260 ITTechnlgy ProTechSvc 1,500.00 Invoice Net 1,500.00

09/30/2020 12:57 |Waseca, MN |P 6 5264aschauer | DETAIL INVOICE LIST |apwarrnt

CASH ACCOUNT: 99000000 1001 Cash CHECK RUN: C100620 10/09/2020 DUE DATE: 10/09/2020

VENDOR G/L ACCOUNTS R PO TYPE DUE DATE INVOICE/AMOUNT CHECK ______

CHECK TOTAL 1,598.00 ______

1009 CURT KEYES 00000 INV 09/30/2020 9/15 STMNT 1 01602000 6111 Extsn PerDiems 75.00 Invoice Net 75.00 CHECK TOTAL 75.00 ______

311 DAVE MELCHERT 00000 INV 09/30/2020 9/16/20 REIM 1 01201223 6310 ShrfEqRepM SqRepMtc 37.76 Invoice Net 37.76 CHECK TOTAL 37.76 ______

8394 DAWN ERICKSON 00000 INV 09/30/2020 9/4 STMNT 1 25108000 6334 AquaInSpcs Mileage 155.48 Invoice Net 155.48 8394 DAWN ERICKSON 00000 INV 09/30/2020 9/20 MILEAGE 1 25108000 6334 AquaInSpcs Mileage 59.92 Invoice Net 59.92 CHECK TOTAL 215.40 ______

420 DEML FORD INC 00000 INV 09/30/2020 140218 1 01121000 6310 Vets Svcs EqRepMtc 77.20 Invoice Net 77.20 CHECK TOTAL 77.20 ______

4016 DENNIS DISTAD 00000 INV 09/30/2020 9/19 STMNT 1 41610000 6260 Ditch ProTechSvc 125.00 Invoice Net 125.00 CHECK TOTAL 125.00 ______

8347 DRUGWISE 00000 INV 09/30/2020 130578 1 25252000 6213 CrtSvcs DrgTstgSvc 180.00 2 25252103 6213 DrgCrtDWI DrgTstgSvc 60.00 Invoice Net 240.00 8347 DRUGWISE 00000 INV 09/30/2020 130635 1 25252103 6213 DrgCrtDWI DrgTstgSvc 60.00 Invoice Net 60.00 CHECK TOTAL 300.00 ______

347 DUANE RATHMANN 00000 INV 09/30/2020 9/3 STMNT 1 01107000 6111 P&Z PerDiems 75.00 2 01107000 6334 P&Z Mileage 1.15 Invoice Net 76.15 CHECK TOTAL 76.15 ______

1007 EMERGENCY AUTOMOTIVE T 00000 INV 09/30/2020 AW082620-5B 1 01201201 6670 GenSheriff Vehicles 299.00 Invoice Net 299.00

09/30/2020 12:57 |Waseca, MN |P 7 5264aschauer | DETAIL INVOICE LIST |apwarrnt

CASH ACCOUNT: 99000000 1001 Cash CHECK RUN: C100620 10/09/2020 DUE DATE: 10/09/2020

VENDOR G/L ACCOUNTS R PO TYPE DUE DATE INVOICE/AMOUNT CHECK ______

1007 EMERGENCY AUTOMOTIVE T 00000 INV 09/30/2020 AW090120-7 1 01201201 6670 GenSheriff Vehicles 637.42 Invoice Net 637.42 1007 EMERGENCY AUTOMOTIVE T 00000 INV 09/30/2020 AW080320-7D 1 01201201 6670 GenSheriff Vehicles 919.88 Invoice Net 919.88 1007 EMERGENCY AUTOMOTIVE T 00000 INV 09/30/2020 AW080320-6D 1 01201201 6670 GenSheriff Vehicles 1,978.24 Invoice Net 1,978.24 1007 EMERGENCY AUTOMOTIVE T 00000 INV 09/30/2020 AW080320-5D 1 01201201 6670 GenSheriff Vehicles 1,978.24 Invoice Net 1,978.24 CHECK TOTAL 5,812.78 ______

1573 EXPRESS SERVICES INC 00000 INV 09/30/2020 24352254 1 19393000 6261 Recycling ContLabor 807.50 Invoice Net 807.50 1573 EXPRESS SERVICES INC 00000 INV 09/30/2020 24377473 1 19393000 6261 Recycling ContLabor 745.00 Invoice Net 745.00 1573 EXPRESS SERVICES INC 00000 INV 09/30/2020 24405619 1 19393000 6261 Recycling ContLabor 965.00 Invoice Net 965.00 1573 EXPRESS SERVICES INC 00000 INV 09/30/2020 24436892 1 19393000 6261 Recycling ContLabor 950.00 Invoice Net 950.00 CHECK TOTAL 3,467.50 ______

8380 FINLEY ENGINEERING COM 00001 INV 09/30/2020 07-17947-04 1 25107000 6260 P&Z ProTechSvc 7,113.94 Invoice Net 7,113.94 CHECK TOTAL 7,113.94 ______

4497 FORCE AMERICA DISTRIBU 00000 INV 09/30/2020 001-1473307 1 13340000 6590 HwyEqMt/Sh TlsShpMat 114.33 Invoice Net 114.33 CHECK TOTAL 114.33 ______

4570 FOUR SEASONS APPAREL & 00000 INV 09/30/2020 134 1 01002000 6803 Commssnrs MiscExp 506.00 Invoice Net 506.00 CHECK TOTAL 506.00 ______

4534 GOVERNMENT FORMS AND S 00000 INV 09/30/2020 0323554 1 01063000 6401 Electns OffcSuppls 1,155.22 Invoice Net 1,155.22 CHECK TOTAL 1,155.22 ______

09/30/2020 12:57 |Waseca, MN |P 8 5264aschauer | DETAIL INVOICE LIST |apwarrnt

CASH ACCOUNT: 99000000 1001 Cash CHECK RUN: C100620 10/09/2020 DUE DATE: 10/09/2020

VENDOR G/L ACCOUNTS R PO TYPE DUE DATE INVOICE/AMOUNT CHECK ______

4534 GOVERNMENT FORMS AND S 00001 INV 09/30/2020 0323583 1 01063000 6401 Electns OffcSuppls 293.46 Invoice Net 293.46 CHECK TOTAL 293.46 ______

4964 H&H EXCAVATING INC 00000 INV 09/30/2020 RECYCLING CENTER 1 25067000 6260 CARES ProTechSvc 75,820.00 Invoice Net 75,820.00 4964 H&H EXCAVATING INC 00000 INV 09/30/2020 9/27/20 STMNT 1 19391000 6602 TransStatn GrndsImp 3,650.00 Invoice Net 3,650.00 CHECK TOTAL 79,470.00 ______

1673 HOUSTON ENGINEERING IN 00000 INV 09/30/2020 0050138 1 41610000 6260 Ditch ProTechSvc 4,000.00 Invoice Net 4,000.00 1673 HOUSTON ENGINEERING IN 00000 INV 09/30/2020 0049955 1 25102000 6260 BootCreek ProTechSvc 142.50 Invoice Net 142.50 CHECK TOTAL 4,142.50 ______

235 INNOVATIVE OFFICE SOLU 00000 INV 09/30/2020 IN3089423 1 01091000 6401 Attrny OffcSuppls 45.48 Invoice Net 45.48 235 INNOVATIVE OFFICE SOLU 00000 INV 09/30/2020 IN3087801 1 01252000 6401 CrtSvcs OffcSuppls 13.56 Invoice Net 13.56 235 INNOVATIVE OFFICE SOLU 00000 INV 09/30/2020 IN3084337 1 01252000 6401 CrtSvcs OffcSuppls 18.24 Invoice Net 18.24 235 INNOVATIVE OFFICE SOLU 00000 INV 09/30/2020 IN3096017 1 25259000 6401 PermtCrry OffcSuppls 224.05 Invoice Net 224.05 235 INNOVATIVE OFFICE SOLU 00000 INV 09/30/2020 IN3095579 1 25259000 6401 PermtCrry OffcSuppls 13.51 Invoice Net 13.51 235 INNOVATIVE OFFICE SOLU 00000 INV 09/30/2020 IN3097383 1 25259000 6401 PermtCrry OffcSuppls 1.57 Invoice Net 1.57 235 INNOVATIVE OFFICE SOLU 00000 INV 09/30/2020 IN3094199 1 25259000 6401 PermtCrry OffcSuppls 216.52 Invoice Net 216.52 235 INNOVATIVE OFFICE SOLU 00000 INV 09/30/2020 IN3103817 1 01201229 6475 OffSupShrf AdmnOffSpl 10.81 Invoice Net 10.81 235 INNOVATIVE OFFICE SOLU 00000 INV 09/30/2020 IN3107384 1 01042000 6401 LicBureau OffcSuppls 76.06 Invoice Net 76.06

09/30/2020 12:57 |Waseca, MN |P 9 5264aschauer | DETAIL INVOICE LIST |apwarrnt

CASH ACCOUNT: 99000000 1001 Cash CHECK RUN: C100620 10/09/2020 DUE DATE: 10/09/2020

VENDOR G/L ACCOUNTS R PO TYPE DUE DATE INVOICE/AMOUNT CHECK ______

235 INNOVATIVE OFFICE SOLU 00000 INV 09/30/2020 IN3103626 1 01107000 6401 P&Z OffcSuppls 38.96 Invoice Net 38.96 235 INNOVATIVE OFFICE SOLU 00000 INV 09/30/2020 IN3108770 1 01201229 6475 OffSupShrf AdmnOffSpl 211.85 Invoice Net 211.85 235 INNOVATIVE OFFICE SOLU 00000 INV 09/30/2020 IN3105150 1 01061061 6401 ITTechnlgy OffcSuppls 110.60 Invoice Net 110.60 235 INNOVATIVE OFFICE SOLU 00000 INV 09/30/2020 IN3104012 1 01061061 6401 ITTechnlgy OffcSuppls 33.03 Invoice Net 33.03 235 INNOVATIVE OFFICE SOLU 00000 INV 09/30/2020 IN3111499 1 01201229 6475 OffSupShrf AdmnOffSpl 9.97 Invoice Net 9.97 CHECK TOTAL 1,024.21 ______

3408 JANESVILLE TILE SUPPLY 00000 INV 09/30/2020 12394 1 13330000 6504 HwyMntnc Culverts 10.68 Invoice Net 10.68 CHECK TOTAL 10.68 ______

2789 JOAN IGNASZEWSKI 00000 INV 09/30/2020 9/15 STMNT 1 01602000 6111 Extsn PerDiems 75.00 Invoice Net 75.00 CHECK TOTAL 75.00 ______

2670 JOBS PLUS INC 00000 EFT 09/30/2020 8/20 STMNT 1 01111000 6260 CHBldgMtc ProTechSvc 133.80 Invoice Net 133.80 CHECK TOTAL 133.80 ______

8334 JOHN DEERE FINANCIAL 00001 INV 09/30/2020 11113-63314 8/20 1 13340000 6564 HwyEqMt/Sh MchVehPrts 627.67 Invoice Net 627.67 CHECK TOTAL 627.67 ______

829 KENDALL LANGSETH 00000 INV 09/30/2020 8/3-8/12 STMNT 1 41610000 6270 Ditch Repairs 1,362.50 2 41610000 6334 Ditch Mileage 6.90 Invoice Net 1,369.40 CHECK TOTAL 1,369.40 ______

1237 MIDWEST MOTOR SUPPLY C 00000 INV 09/30/2020 8214097/8208347 1 13340000 6562 HwyEqMt/Sh OthAutoSup 528.05 Invoice Net 528.05 CHECK TOTAL 528.05 ______

09/30/2020 12:57 |Waseca, MN |P 10 5264aschauer | DETAIL INVOICE LIST |apwarrnt

CASH ACCOUNT: 99000000 1001 Cash CHECK RUN: C100620 10/09/2020 DUE DATE: 10/09/2020

VENDOR G/L ACCOUNTS R PO TYPE DUE DATE INVOICE/AMOUNT CHECK ______

1410 L & L STREET ROD & SPO 00000 INV 09/30/2020 3016 1 01201223 6472 ShrfEqRepM EmLghts 1,680.00 Invoice Net 1,680.00 1410 L & L STREET ROD & SPO 00000 INV 09/30/2020 3008 1 01201223 6310 ShrfEqRepM SqRepMtc 65.00 Invoice Net 65.00 1410 L & L STREET ROD & SPO 00000 INV 09/30/2020 3007 1 01201223 6310 ShrfEqRepM SqRepMtc 65.00 Invoice Net 65.00 1410 L & L STREET ROD & SPO 00000 INV 09/30/2020 3006 1 01201223 6310 ShrfEqRepM SqRepMtc 625.00 Invoice Net 625.00 1410 L & L STREET ROD & SPO 00000 INV 09/30/2020 3005 1 01201223 6310 ShrfEqRepM SqRepMtc 625.00 Invoice Net 625.00 CHECK TOTAL 3,060.00 ______

3891 LEON SCHOENROCK 00000 INV 09/30/2020 9/3 STMNT 1 01107000 6111 P&Z PerDiems 75.00 2 01107000 6334 P&Z Mileage 16.10 Invoice Net 91.10 CHECK TOTAL 91.10 ______

719 LITTLE FALLS MACHINE I 00000 INV 09/30/2020 359134 1 13340000 6564 HwyEqMt/Sh MchVehPrts 2,071.30 Invoice Net 2,071.30 CHECK TOTAL 2,071.30 ______

3987 LOCATORS & SUPPLIES IN 00000 INV 09/30/2020 0287644 1 13320000 6501 HwyEng/Con EngSurSppl 247.26 Invoice Net 247.26 CHECK TOTAL 247.26 ______

83 LOWER 48 TRANSPORT SER 00000 INV 09/30/2020 19134 1 19393000 6260 Recycling ProTechSvc 737.68 Invoice Net 737.68 CHECK TOTAL 737.68 ______

291 LYNCH & SONS FARM DRAI 00000 INV 09/30/2020 148 1 25451453 6260 SSTSUpGrnt ProTechSvc 14,250.00 Invoice Net 14,250.00 CHECK TOTAL 14,250.00 ______

8471 MACPO JACKSON CO 00000 INV 09/30/2020 03539 1 01252000 6241 CrtSvcs CnfTrngRgD 75.00 Invoice Net 75.00 CHECK TOTAL 75.00 ______

09/30/2020 12:57 |Waseca, MN |P 11 5264aschauer | DETAIL INVOICE LIST |apwarrnt

CASH ACCOUNT: 99000000 1001 Cash CHECK RUN: C100620 10/09/2020 DUE DATE: 10/09/2020

VENDOR G/L ACCOUNTS R PO TYPE DUE DATE INVOICE/AMOUNT CHECK ______

4386 MAKAYLA RAE SELVIK 00000 INV 09/30/2020 0605 1 01031000 6260 CoAdmn ProTechSvc 93.13 Invoice Net 93.13 CHECK TOTAL 93.13 ______

3035 MARK NESTE 00000 INV 09/30/2020 085135 1 01121000 6310 Vets Svcs EqRepMtc 125.00 Invoice Net 125.00 CHECK TOTAL 125.00 ______

3672 MARK SOMMERS 00000 INV 09/30/2020 9/3 STMNT 1 01107000 6111 P&Z PerDiems 75.00 2 01107000 6334 P&Z Mileage 10.70 Invoice Net 85.70 CHECK TOTAL 85.70 ______

3890 MARVIN PEARSON 00000 INV 09/30/2020 9/3 STMNT 1 01107000 6111 P&Z PerDiems 75.00 2 01107000 6334 P&Z Mileage 14.72 Invoice Net 89.72 CHECK TOTAL 89.72 ______

2326 MENARDS-MANKATO 00000 INV 09/30/2020 79970 1 01111000 6310 CHBldgMtc EqRepMtc 54.99 2 01117000 6410 HSPHBldgMt CstBldgSpp 9.99 3 11118000 6611 GenrlBldg BldgImp 487.82 Invoice Net 552.80 CHECK TOTAL 552.80 ______

1287 MIDWEST MONITORING & S 00001 INV 09/30/2020 DT0820146 1 25252000 6213 CrtSvcs DrgTstgSvc 50.00 2 25252103 6213 DrgCrtDWI DrgTstgSvc 5.25 Invoice Net 55.25 CHECK TOTAL 55.25 ______

4773 MN DEPT OF LABOR & IND 00000 INV 09/30/2020 ABR0238112X 1 19391000 6260 TransStatn ProTechSvc 10.00 Invoice Net 10.00 CHECK TOTAL 10.00 ______

4913 MN DEPT OF LABOR & IND 00000 INV 09/30/2020 24719 9/20 1 13340000 6260 HwyEqMt/Sh ProTechSvc 10.00 Invoice Net 10.00 4913 MN DEPT OF LABOR & IND 00000 INV 09/30/2020 24719 9/20 2 1 13340000 6260 HwyEqMt/Sh ProTechSvc 10.00 Invoice Net 10.00 4913 MN DEPT OF LABOR & IND 00000 INV 09/30/2020 24719 9/20 3

09/30/2020 12:57 |Waseca, MN |P 12 5264aschauer | DETAIL INVOICE LIST |apwarrnt

CASH ACCOUNT: 99000000 1001 Cash CHECK RUN: C100620 10/09/2020 DUE DATE: 10/09/2020

VENDOR G/L ACCOUNTS R PO TYPE DUE DATE INVOICE/AMOUNT CHECK ______

1 13340000 6260 HwyEqMt/Sh ProTechSvc 20.00 Invoice Net 20.00 CHECK TOTAL 40.00 ______

2707 MN VALLEY TESTING LAB 00000 INV 09/30/2020 1048121 1 01107000 6260 P&Z ProTechSvc 103.60 Invoice Net 103.60 2707 MN VALLEY TESTING LAB 00000 INV 09/30/2020 1049262 1 01107000 6260 P&Z ProTechSvc 74.60 Invoice Net 74.60 2707 MN VALLEY TESTING LAB 00000 INV 09/30/2020 1050885 1 01107000 6260 P&Z ProTechSvc 114.60 Invoice Net 114.60 2707 MN VALLEY TESTING LAB 00000 INV 09/30/2020 1051772 1 01107000 6260 P&Z ProTechSvc 114.60 Invoice Net 114.60 CHECK TOTAL 407.40 ______

268 MN.IT SERVICES 00000 INV 09/30/2020 DV20080422 1 01061061 6260 ITTechnlgy ProTechSvc 1,300.00 Invoice Net 1,300.00 CHECK TOTAL 1,300.00 ______

8386 NO WAIT INSIDE LLC 00000 INV 09/30/2020 1140 1 01061061 6262 ITTechnlgy SftwrSpprt 29.50 Invoice Net 29.50 CHECK TOTAL 29.50 ______

2195 NORTHLAND BUSINESS SYS 00000 INV 09/30/2020 IN100209 1 01201201 6340 GenSheriff RntSvcAgrt 1,577.67 Invoice Net 1,577.67 CHECK TOTAL 1,577.67 ______

8445 NOW MICRO 00000 INV 09/30/2020 IV515204 1 25104000 6660 RcrdrTech CaptlAssts 1,463.00 Invoice Net 1,463.00 8445 NOW MICRO 00000 INV 09/30/2020 IV515684 1 01061061 6480 ITTechnlgy NonCapInv 1,289.16 Invoice Net 1,289.16 CHECK TOTAL 2,752.16 ______

4282 NUSS TRUCK GROUP INC 00000 INV 09/30/2020 37617B 8/20 1 13340000 6564 HwyEqMt/Sh MchVehPrts 116.80 Invoice Net 116.80 CHECK TOTAL 116.80 ______

1855 THOMAS L LITTLE 00000 INV 09/30/2020 5906

09/30/2020 12:57 |Waseca, MN |P 13 5264aschauer | DETAIL INVOICE LIST |apwarrnt

CASH ACCOUNT: 99000000 1001 Cash CHECK RUN: C100620 10/09/2020 DUE DATE: 10/09/2020

VENDOR G/L ACCOUNTS R PO TYPE DUE DATE INVOICE/AMOUNT CHECK ______

1 25019000 6406 COVID19 EquipSppls 1,200.00 Invoice Net 1,200.00 CHECK TOTAL 1,200.00 ______

269 PATTON HOVERSTEN & BER 00000 INV 09/30/2020 31922-00N 36 1 25252101 6260 DrgCrtFed ProTechSvc 720.00 Invoice Net 720.00 CHECK TOTAL 720.00 ______

8469 ADA ENTERPRISES INC 00000 INV 09/30/2020 40176 1 01117000 6602 HSPHBldgMt GrndsImp 742.23 Invoice Net 742.23 CHECK TOTAL 742.23 ______

4859 RECOVERY TREK LLC 00000 INV 09/30/2020 3754001120 1 25252103 6213 DrgCrtDWI DrgTstgSvc 180.00 2 25252000 6213 CrtSvcs DrgTstgSvc 45.00 Invoice Net 225.00 4859 RECOVERY TREK LLC 00000 INV 09/30/2020 3684230220 1 25252000 6213 CrtSvcs DrgTstgSvc 2,085.00 Invoice Net 2,085.00 CHECK TOTAL 2,310.00 ______

496 RICHARD POSSIN 00000 INV 09/30/2020 9/3 STMNT 1 01107000 6111 P&Z PerDiems 75.00 2 01107000 6334 P&Z Mileage 16.68 Invoice Net 91.68 CHECK TOTAL 91.68 ______

1934 RIVER BEND BUSINESS PR 00000 INV 09/30/2020 515014 1 01062000 6341 CenSvcs CopierMain .70 Invoice Net .70 1934 RIVER BEND BUSINESS PR 00000 INV 09/30/2020 514932 1 01062000 6341 CenSvcs CopierMain 30.54 Invoice Net 30.54 1934 RIVER BEND BUSINESS PR 00000 INV 09/30/2020 514607 1 01062000 6341 CenSvcs CopierMain 16.66 Invoice Net 16.66 1934 RIVER BEND BUSINESS PR 00000 INV 09/30/2020 514931 1 01062000 6341 CenSvcs CopierMain 20.35 Invoice Net 20.35 1934 RIVER BEND BUSINESS PR 00000 INV 09/30/2020 515010 1 01062000 6341 CenSvcs CopierMain 2.19 Invoice Net 2.19 CHECK TOTAL 70.44 ______

2380 MJB HANSEN FAMILY LP 00000 INV 09/30/2020 101538

09/30/2020 12:57 |Waseca, MN |P 14 5264aschauer | DETAIL INVOICE LIST |apwarrnt

CASH ACCOUNT: 99000000 1001 Cash CHECK RUN: C100620 10/09/2020 DUE DATE: 10/09/2020

VENDOR G/L ACCOUNTS R PO TYPE DUE DATE INVOICE/AMOUNT CHECK ______

1 01062000 6341 CenSvcs CopierMain 1,219.78 Invoice Net 1,219.78 CHECK TOTAL 1,219.78 ______

8316 RIVER VALLEY FORENSIC 00000 INV 09/30/2020 1246 1 01211000 6260 Coroner ProTechSvc 250.00 Invoice Net 250.00 CHECK TOTAL 250.00 ______

47 ROBERT VOGELSANG 00000 INV 09/30/2020 9/3 STMNT 1 01107000 6111 P&Z PerDiems 75.00 2 01107000 6334 P&Z Mileage 21.28 Invoice Net 96.28 CHECK TOTAL 96.28 ______

2461 RODNEY BORN 00000 INV 09/30/2020 9/3 STMNT 1 01107000 6111 P&Z PerDiems 75.00 Invoice Net 75.00 CHECK TOTAL 75.00 ______

1629 RS EDEN 00000 INV 09/30/2020 64015 1 01252000 6412 CrtSvcs UATstng 27.20 Invoice Net 27.20 CHECK TOTAL 27.20 ______

848 RUSSELL J FREDERICK 00000 INV 09/30/2020 9/3 STMNT 1 01107000 6111 P&Z PerDiems 75.00 2 01107000 6334 P&Z Mileage 3.57 Invoice Net 78.57 CHECK TOTAL 78.57 ______

2587 RWV SIGNS INC 00000 INV 09/30/2020 20740 1 01201201 6670 GenSheriff Vehicles 325.00 Invoice Net 325.00 2587 RWV SIGNS INC 00000 INV 09/30/2020 20778 1 01201201 6670 GenSheriff Vehicles 325.00 Invoice Net 325.00 CHECK TOTAL 650.00 ______

2749 SPEE-DEE DELIVERY SERV 00000 INV 09/30/2020 4065915 1 01107000 6260 P&Z ProTechSvc 9.55 Invoice Net 9.55 2749 SPEE-DEE DELIVERY SERV 00000 INV 09/30/2020 4075277 1 01107000 6260 P&Z ProTechSvc 9.55 Invoice Net 9.55 2749 SPEE-DEE DELIVERY SERV 00000 INV 09/30/2020 4078750 1 01107000 6260 P&Z ProTechSvc 9.55 Invoice Net 9.55

09/30/2020 12:57 |Waseca, MN |P 15 5264aschauer | DETAIL INVOICE LIST |apwarrnt

CASH ACCOUNT: 99000000 1001 Cash CHECK RUN: C100620 10/09/2020 DUE DATE: 10/09/2020

VENDOR G/L ACCOUNTS R PO TYPE DUE DATE INVOICE/AMOUNT CHECK ______

2749 SPEE-DEE DELIVERY SERV 00000 INV 09/30/2020 4081284 1 01107000 6260 P&Z ProTechSvc 9.55 Invoice Net 9.55 CHECK TOTAL 38.20 ______

4631 SPORTSMAN STOP 00000 INV 09/30/2020 92 9/28/20 1 01201217 6803 ShrfBrdPrs MiscExp 19.65 Invoice Net 19.65 CHECK TOTAL 19.65 ______

4786 STEPHANIE ROEMHILDT 00000 INV 09/30/2020 9/3 STMNT 1 01107000 6111 P&Z PerDiems 75.00 Invoice Net 75.00 4786 STEPHANIE ROEMHILDT 00000 INV 09/30/2020 9/3 STMNT 2 1 01107000 6111 P&Z PerDiems 75.00 2 01107000 6334 P&Z Mileage 7.71 Invoice Net 82.71 CHECK TOTAL 157.71 ______

5662 STERICYCLE INC 00000 INV 09/30/2020 4009600553 1 01451451 6260 PHNrsng ProTechSvc 602.76 Invoice Net 602.76 CHECK TOTAL 602.76 ______

2594 STONEBROOKE ENGINEERIN 00000 INV 09/30/2020 663.31 1 13320000 6260 HwyEng/Con ProTechSvc 20,543.52 Invoice Net 20,543.52 CHECK TOTAL 20,543.52 ______

4586 THE ELECTRONIC CONNECT 00000 INV 09/30/2020 10127546 1 01061061 6401 ITTechnlgy OffcSuppls 39.98 Invoice Net 39.98 CHECK TOTAL 39.98 ______

456 THOMAS M CONDON 00000 INV 09/30/2020 50077 1 13340000 6565 HwyEqMt/Sh OthRepSppl 31.50 Invoice Net 31.50 CHECK TOTAL 31.50 ______

4728 TYLER TECHNOLOGIES, IN 00000 INV 09/30/2020 045-315294 1 25067000 6205 CARES TelewrkSup 3,840.00 Invoice Net 3,840.00 4728 TYLER TECHNOLOGIES, IN 00000 INV 09/23/2020 045-316039 1 25067000 6205 CARES TelewrkSup 1,280.00 Invoice Net 1,280.00 4728 TYLER TECHNOLOGIES, IN 00000 INV 09/30/2020 045-315560 1 25066000 6450 IT HRIS SftwrUpgrd 81,529.20 Invoice Net 81,529.20

09/30/2020 12:57 |Waseca, MN |P 16 5264aschauer | DETAIL INVOICE LIST |apwarrnt

CASH ACCOUNT: 99000000 1001 Cash CHECK RUN: C100620 10/09/2020 DUE DATE: 10/09/2020

VENDOR G/L ACCOUNTS R PO TYPE DUE DATE INVOICE/AMOUNT CHECK ______

CHECK TOTAL 86,649.20 ______

3729 UNIVERSAL RECYCLING TE 00000 INV 09/30/2020 ARINV159982 1 19393000 6260 Recycling ProTechSvc 1,946.90 Invoice Net 1,946.90 CHECK TOTAL 1,946.90 ______

1495 WAGNER FOODS 00000 INV 09/30/2020 720997-55 1 13340000 6590 HwyEqMt/Sh TlsShpMat 12.98 Invoice Net 12.98 CHECK TOTAL 12.98 ______

2703 WASECA CO AUDITOR-TREA 00000 INV 09/30/2020 9/21/20 STMNT 1 13340000 6410 HwyEqMt/Sh CstBldgSpp 225.44 Invoice Net 225.44 CHECK TOTAL 225.44 ______

======152 INVOICES CHECK RUN TOTAL 328,520.10 328,520.10 CASH ACCOUNT BALANCE 7,051,859.97 ======

09/30/2020 12:57 |Waseca, MN |P 17 5264aschauer | CHECK RUN SUMMARY |apwarrnt

CHECK RUN: C100620 10/09/2020 DUE DATE: 10/09/2020

FUND ORG ACCOUNT AMOUNT AVLB BUDGET ______

01 01002000 County Commissione 01-002-010-000-0000-0000-6201- Cell/Telephone 19.97 147.58 01 01002000 County Commissione 01-002-010-000-0000-0000-6803- Miscellaneous Expense 506.00 -63.77 01 01013000 Court Administrato 01-013-010-000-0000-0000-6201- Cell/Telephone 135.79 -1,158.76 01 01014000 Court Admin Waseca 01-014-010-000-0000-0000-6260- Prof & Tech Services 203.75 2,954.49 01 01014000 Court Admin Waseca 01-014-010-000-0000-0000-6261- Court Appointed Attorn 170.00 21,173.40 01 01031000 County Administrat 01-031-010-000-0000-0000-6201- Cell/Telephone 19.97 46.29 01 01031000 County Administrat 01-031-010-000-0000-0000-6260- Prof & Tech Services 93.13 4,906.87 01 01041000 Auditor-Treasurer 01-041-010-000-0000-0000-6201- Cell/Telephone 70.56 97.89 01 01042000 License Bureau 01-042-010-000-0000-0000-6201- Cell/Telephone 45.26 213.76 01 01042000 License Bureau 01-042-010-000-0000-0000-6401- Office Supplies 76.06 -48.74 01 01061061 IT Technology 01-061-010-061-0000-0000-6201- Cell/Telephone 70.56 467.69 01 01061061 IT Technology 01-061-010-061-0000-0000-6260- Prof & Tech Services 2,800.00 5,994.09 01 01061061 IT Technology 01-061-010-061-0000-0000-6262- Software Support 29.50 65,052.08 01 01061061 IT Technology 01-061-010-061-0000-0000-6310- Equipment Repairs/Main 98.00 816.00 01 01061061 IT Technology 01-061-010-061-0000-0000-6401- Office Supplies 318.98 1,049.98 01 01061061 IT Technology 01-061-010-061-0000-0000-6480- Non-Capitalized Invent 2,954.76 1,817.53 01 01062000 Central Services 01-062-010-000-0000-0000-6201- Cell/Telephone 312.74 631.45 01 01062000 Central Services 01-062-010-000-0000-0000-6267- State Auditing 6,700.00 6,215.00 01 01062000 Central Services 01-062-010-000-0000-0000-6341- Copier Maintenance 1,290.22 -3,393.71 01 01062000 Central Services 01-062-010-000-0000-0000-6403- Copier Supplies 1,280.00 1,577.00 01 01063000 Elections 01-063-010-000-0000-0000-6401- Office Supplies 1,448.68 -4,197.16 01 01091000 Attorney 01-091-010-000-0000-0000-6201- Cell/Telephone 31.95 77.35 01 01091000 Attorney 01-091-010-000-0000-0000-6260- Prof & Tech Services 1,285.40 125,783.20 01 01091000 Attorney 01-091-010-000-0000-0000-6401- Office Supplies 45.48 783.26 01 01101000 Recorder 01-101-010-000-0000-0000-6201- Cell/Telephone 51.92 76.94 01 01103000 Assessor 01-103-010-000-0000-0000-6201- Cell/Telephone 38.61 1,670.55 01 01107000 Planning and Zonin 01-107-010-000-0000-0000-6111- Per Diems 750.00 -950.00 01 01107000 Planning and Zonin 01-107-010-000-0000-0000-6201- Cell/Telephone 31.95 427.35 01 01107000 Planning and Zonin 01-107-010-000-0000-0000-6260- Prof & Tech Services 445.60 19,765.03 01 01107000 Planning and Zonin 01-107-010-000-0000-0000-6334- Mileage 91.91 1,225.02 01 01107000 Planning and Zonin 01-107-010-000-0000-0000-6401- Office Supplies 38.96 530.14 01 01111000 Courthouse Buildin 01-111-010-000-0000-0000-6201- Cell/Telephone 6.66 461.26 01 01111000 Courthouse Buildin 01-111-010-000-0000-0000-6260- Prof & Tech Services 133.80 1,245.33 01 01111000 Courthouse Buildin 01-111-010-000-0000-0000-6310- Equipment Repairs/Main 54.99 6,782.87 01 01111000 Courthouse Buildin 01-111-010-000-0000-0000-6410- Custodial & Building S 934.80 834.42 01 01112000 Law Enforcement Bu 01-112-020-000-0000-0000-6310- Equipment Repairs/Main 225.18 3,245.04 01 01112000 Law Enforcement Bu 01-112-020-000-0000-0000-6410- Custodial/Building Sup 934.80 -63.58 01 01115000 East Annex Buildin 01-115-010-000-0000-0000-6410- Custodial/Building Sup 934.80 -302.54 01 01116000 Extension Building 01-116-090-000-0000-0000-6410- Custodial/Building Sup 70.57 -17.92 01 01117000 Hman Svcs/Pub Hlth 01-117-050-000-0000-0000-6410- Custodial/Building Sup 1,034.79 -2,476.15 01 01117000 Hman Svcs/Pub Hlth 01-117-050-000-0000-0000-6602- Grounds Improvements 742.23 187.15 01 01121000 Veterans Services 01-121-010-000-0000-0000-6201- Cell/Telephone 31.95 460.14 01 01121000 Veterans Services 01-121-010-000-0000-0000-6310- Equipment Repairs/Main 202.20 -482.24 01 01201201 General Sheriff 01-201-020-201-0000-0000-6340- Rentals & Service Agre 1,577.67 13,902.76 01 01201201 General Sheriff 01-201-020-201-0000-0000-6670- Vehicles 6,462.78 -147,486.67 01 01201211 Sheriff Telephone 01-201-020-211-0000-0000-6201- Cell/Telephone 169.07 357.24 01 01201217 Sheriff Board of P 01-201-020-217-0000-0000-6268- Medical Costs 295.64 18,464.97 01 01201217 Sheriff Board of P 01-201-020-217-0000-0000-6803- Miscellaneous Expense 19.65 8,022.63 01 01201220 Sheriff Profssnl/T 01-201-020-220-0000-0000-6344- Radio Maintenance 583.00 38,369.92

09/30/2020 12:57 |Waseca, MN |P 18 5264aschauer | CHECK RUN SUMMARY |apwarrnt

CHECK RUN: C100620 10/09/2020 DUE DATE: 10/09/2020

FUND ORG ACCOUNT AMOUNT AVLB BUDGET ______

01 01201223 Sheriff Eqpmnt Rep 01-201-020-223-0000-0000-6310- Squad Repairs/Maintena 1,417.76 9,942.57 01 01201223 Sheriff Eqpmnt Rep 01-201-020-223-0000-0000-6472- Emergency Lights 1,680.00 6,320.00 01 01201229 Office Supplies, S 01-201-020-229-0000-0000-6475- Administrative Office 232.63 9,152.26 01 01201229 Office Supplies, S 01-201-020-229-0000-0000-6478- Deputies Supplies 2,752.00 9,751.29 01 01211000 Coroner 01-211-020-000-0000-0000-6260- Prof & Tech Services 250.00 8,478.25 01 01252000 Court Services 01-252-020-000-0000-0000-6201- Cell/Telephone 58.57 1,626.41 01 01252000 Court Services 01-252-020-000-0000-0000-6241- Conference/Trainig/Reg 75.00 3,295.00 01 01252000 Court Services 01-252-020-000-0000-0000-6401- Office Supplies 31.80 1,595.49 01 01252000 Court Services 01-252-020-000-0000-0000-6412- UA Testing 27.20 956.35 01 01254000 Electronic Monitor 01-254-020-000-0000-0000-6264- Electronic Monitoring 78.00 7,440.00 01 01281000 Emergency Manageme 01-281-020-000-0000-0000-6201- Cell/Telephone 70.56 1,252.55 01 01451451 Public Health Nurs 01-451-050-451-0000-0000-6201- Cell/Telephone 65.23 -1,785.98 01 01451451 Public Health Nurs 01-451-050-451-0000-0000-6260- Prof & Tech Services 602.76 6,673.10 01 01451451 Public Health Nurs 01-451-050-451-0000-0000-6401- Office Supplies 113.22 2,163.20 01 01451451 Public Health Nurs 01-451-050-451-0000-0000-6430- Medical Supplies 8.99 3,024.82 01 01451453 Comm Envirnmntal H 01-451-050-453-0000-0000-6201- Cell/Telephone 19.97 311.29 01 01451457 PHP 01-451-050-457-0000-0000-6401- Office Supplies 29.88 .00 01 01451457 PHP 01-451-050-457-0000-0000-6430- Medical Supplies 859.55 .00 01 01602000 Extension 01-602-090-000-0000-0000-6111- Per Diems 225.00 550.00 01 01602000 Extension 01-602-090-000-0000-0000-6201- Cell/Telephone 58.57 200.16 ______FUND TOTAL 44,526.98 CASH ACCOUNT 99000000 1001 BALANCE 7,051,859.97

11 11118000 General Building 11-118-010-000-0000-0000-6611- Building Improvements 21,337.82 157,412.17 ______FUND TOTAL 21,337.82 CASH ACCOUNT 99000000 1001 BALANCE 7,051,859.97

13 13310000 Highway Administra 13-310-030-000-0000-0000-6201- Cell/Telephone 31.95 959.15 13 13320000 Hwy Engineering/Co 13-320-030-000-0000-0000-6260- Prof & Tech Services 20,543.52 378,836.04 13 13320000 Hwy Engineering/Co 13-320-030-000-0000-0000-6501- Engineering/Surveying 247.26 2,137.65 13 13330000 Highway Maintenanc 13-330-030-000-0000-0000-6504- Culverts 10.68 -627.42 13 13340000 Hwy Equipment Main 13-340-030-000-0000-0000-6201- Cell/Telephone 179.68 55.86 13 13340000 Hwy Equipment Main 13-340-030-000-0000-0000-6260- Prof & Tech Services 40.00 2,902.96 13 13340000 Hwy Equipment Main 13-340-030-000-0000-0000-6410- Custodial/Building Sup 225.44 573.30 13 13340000 Hwy Equipment Main 13-340-030-000-0000-0000-6562- Other Auto Supplies 528.05 25,466.89 13 13340000 Hwy Equipment Main 13-340-030-000-0000-0000-6564- Machinery/Vehicle Part 2,847.61 39,551.05 13 13340000 Hwy Equipment Main 13-340-030-000-0000-0000-6565- Other Repair Supplies 31.50 4,400.10 13 13340000 Hwy Equipment Main 13-340-030-000-0000-0000-6590- Tools & Shop Materials 147.30 3,672.12 ______FUND TOTAL 24,832.99 CASH ACCOUNT 99000000 1001 BALANCE 7,051,859.97

19 19391000 Transfer Station 19-391-040-000-0000-0000-6201- Cell/Telephone 25.26 84.30 19 19391000 Transfer Station 19-391-040-000-0000-0000-6260- Prof & Tech Services 10.00 2,990.00

09/30/2020 12:57 |Waseca, MN |P 19 5264aschauer | CHECK RUN SUMMARY |apwarrnt

CHECK RUN: C100620 10/09/2020 DUE DATE: 10/09/2020

FUND ORG ACCOUNT AMOUNT AVLB BUDGET ______

19 19391000 Transfer Station 19-391-040-000-0000-0000-6602- Grounds Improvements 3,650.00 -4,421.50 19 19391000 Transfer Station 19-391-040-000-0000-0000-6611- Building Improvements 31,000.00 -30,000.00 19 19393000 Recycling 19-393-040-000-0000-0000-6260- Prof & Tech Services 2,684.58 16,450.98 19 19393000 Recycling 19-393-040-000-0000-0000-6261- Contracted Labor 3,467.50 -4,835.00 ______FUND TOTAL 40,837.34 CASH ACCOUNT 99000000 1001 BALANCE 7,051,859.97

25 25019000 COVID 19 25-019-050-000-0000-0000-6406- Equipment or Supplies 1,200.00 .00 25 25066000 Information Techno 25-066-010-000-0000-0000-6450- Software Purchases & U 81,529.20 -106,095.70 25 25067000 CARES 25-067-000-000-0000-0000-6205- Telework Support 5,120.00 .00 25 25067000 CARES 25-067-000-000-0000-0000-6260- Professional & Technic 75,820.00 .00 25 25102000 Boot Creek 25-102-090-000-0000-0000-6260- Professional & Technic 142.50 .00 25 25104000 Recorder's Technol 25-104-010-000-0000-0000-6660- Capital Assets (5000+) 1,463.00 -1,463.00 25 25107000 Planning and Zonin 25-107-010-000-0000-0000-6260- Professional & Technic 7,113.94 -34,923.24 25 25108000 Aquatic Invasive S 25-108-090-000-0000-0000-6334- Mileage 215.40 -834.45 25 25207000 E911 25-207-020-000-0000-0000-6340- Rentals & Service Agre 64.21 -10,213.42 25 25252000 Court Services 25-252-020-000-0000-0000-6213- Drug Testing Services 2,360.00 9,290.68 25 25252101 Drug Court Federal 25-252-020-101-0000-0000-6260- Prof & Tech Services 720.00 -9,250.04 25 25252103 Drug Court DWI Tra 25-252-020-103-0000-0000-6213- Drug Testing Services 305.25 6,736.06 25 25257000 Jail Canteen 25-257-020-000-0000-0000-6807- Jail Canteen Miscellan 231.42 3,459.23 25 25259000 Permit To Carry 25-259-020-000-0000-0000-6401- Office Supplies 455.65 -4,928.70 25 25451453 Pub Hlth SSTS Upgr 25-451-050-453-0000-0000-6260- Prof & Tech Services 14,250.00 -30,000.00 ______FUND TOTAL 190,990.57 CASH ACCOUNT 99000000 1001 BALANCE 7,051,859.97

41 41610000 Ditch 41-610-090-000-0000-0000-6260- Prof & Tech Services 4,125.00 -26,180.00 41 41610000 Ditch 41-610-090-000-0000-0000-6270- Repairs 1,362.50 97,920.59 41 41610000 Ditch 41-610-090-000-0000-0000-6334- Mileage 6.90 -1,617.58 ______FUND TOTAL 5,494.40 CASH ACCOUNT 99000000 1001 BALANCE 7,051,859.97

42 42844117 2020A Human Svcs/P 42-844-060-117-0000-0000-6260- Professional & Technic 500.00 .00 ______FUND TOTAL 500.00 CASH ACCOUNT 99000000 1001 BALANCE 7,051,859.97

======CHECK RUN SUMMARY TOTAL 328,520.10 ======GRAND TOTAL 328,520.10 ======

09/30/2020 12:57 |Waseca, MN |P 20 5264aschauer | CHECK RUN LIST BY VOUCHER |apwarrnt

CHECK RUN: C100620 10/09/2020 DUE DATE: 10/09/2020

VENDOR VENDOR NAME INVOICE PO TYPE DUE DATE AMOUNT COMMENT ______

** END OF REPORT - Generated by Amy Schauer **

Waseca County Board of Commissioners Request for Board Action

Fund Transfer to Information Technology Fund

Meeting Date: October 6, 2020 Fiscal/FTE Impact: Item Type: Consent Action None Department: Information Technology Current budget Contact: Judy Hiller New FTE(s) Requested Contact Phone: 835-0639 Other Prepared by: Judy Hiller Amendment Requested

PURPOSE/ACTION REQUESTED Fund Transfer

SUMMARY Fund Transfer from 25-067, CARES funding, $10,925.00 to 01-061, Information Technology.

RECOMMENDATION Waseca County staff recommends that the Waseca County Board of Commissioner approve Transfer of funds to reimburse IT fund for purchase of Teleworking hardware, security and software.

EXPLANATION OF FISCAL/FTE IMPACTS List here or list as None.

ACCOUNT TRANSFER REQUEST

Transfer From Accounts: 25-067-6905 $10,925

To Accounts: 01-061-061-5910 $10,925

Attach copy of agenda request if transfer has been board approved.

**Keep in mind, if you are using a 6905 code, you must use a 5910 code and vice versa.

Signature Date

Waseca County Board of Commissioners Request for Board Action

Acknowledge the Authorization of the Robert and Joan Burns Transfer of Development Rights

Meeting Date: October 6, 2020 Fiscal/FTE Impact: Item Type: ☒ Consent ☐ Action ☒ None Department: Planning and Zoning Department ☐ Current budget Mark Leiferman, Planning and Contact: ☐ New FTE(s) Requested Zoning Administrator Contact Phone: (507) 835-0651 ☐ Other Prepared by: Mark Leiferman ☐ Amendment Requested

PURPOSE/ACTION REQUESTED

Acknowledge the authorization of the Planning and Zoning Administrator to record an Easement Agreement Transferring a Development Right for Robert and Joan Burns Transfer of Development Rights between two townships.

SUMMARY

Late in 2018, Robert and Joan Burns submitted an application to Transfer a Development Right (TDR) as authorized in Section 6.09 Transfer of Development Rights portion of the Waseca Unified Development Code (UDC). The request was for a TDR where the owners had a sending site which was in St. Mary Township and the receiving site was in Alton Township. Waseca County has requirements related to origin of TDR sending site and receiving sites. The code states:

§ 6.09 TRANSFER OF DEVELOPMENT RIGHTS (TDR). (C) Transfer of development rights (TDR) program; receiving sites.

(5) TDR may be transferred within a township or between a common owners anywhere within the county. A transfer between two owners and into another township shall be completed only by completing a conditional use permit and by following the requirements of this section.

Mr. and Mrs. Burns had several discussions with staff about an alternate sending sites they owned in both St. Mary and Alton Township. These discussions were prior to their sale of the receiving site. The receiving site was sold and as a result of their discussions, the TDR easement was never recorded. Mr. and Ms. Burns have agreed to an alternate sending site which is also in St. Mary Township. Under normal circumstances, the County could:

1. Require Mr. and Mrs. Burns to obtain a Conditional Use Permit (CUP) as specified above; or 2) Allow them to record the original TDR easement contained in Attachment B, file a document with the County Recorder extinguishing the TDR and allowing Mr. and Mrs. Burns to file a replacement.

Staff is under the impression that it makes more sense just to allow the recording of the TDR sending site easement provided in Attachment A rather than encumber the title to the original sending site with potentially confusing documents. The intent of the code can still be served by allowing this TDR without a Conditional Use permit or extinguishing document. There is a permit application for construction of a residence on the receiving site (spring construction).

RECOMMENDATION

Acknowledge the authorization the Planning and Zoning Administrator to record a Transfer a Development Right Easement for Robert and Joan Burns Transfer of Development Rights between two townships.

EXPLANATION OF FISCAL/FTE IMPACTS None.

Supporting Documents: Attachment “A”: Easement Transferring Development Rights Attachment “B”: Original Easement Transferring Development Rights

Administrator’s Comments: Reviewed By (if required): ☐ Recommend Action ☐ County Attorney’s Office ☐ Do Not Recommend Action ☐ Risk Management ☐ Reviewed – No Recommendation ☐ Human Resources ☐ Reviewed – Information Only ☐ Information Technology ☐ Submitted at Commissioner Request ☐ Building and Grounds

County Administrator

September 30, 2020 ATTACHMENT A

Reserved for Recording EASEMENT AGREEMENT TRANSFERRING DEVELOPMENT RIGHTS

THIS EASEMENT AGREEMENT is made this day of ______, 2020, by and between Robert J. Burns and Joan M. Burns, married to each other, hereinafter referred to as “Grantor,” and Waseca County, a political subdivision of the State of Minnesota, as Grantee, hereinafter referred to as “Waseca County.”

WHEREAS, the Grantor are the present owners of the lands located in Waseca County, Minnesota and described as follows:

The Southeast Quarter (SE ¼) of the Northeast Quarter (NE ¼), Section 30-T107N-R23W

The Grantor have made application and received approval from the Waseca County Planning and Zoning Office to transfer the Residential Development Rights as such rights are defined in Waseca County Unified Development Code, subject to the obligation of the Grantors to encumber the Land according to the terms of this easement. The Development Rights being transferred are the interest in and the right to use and subdivide Land for any residential purposes (including agricultural homestead use) and activities which are not incident to agricultural use and open space use, on the terms and conditions and for the purposes hereinafter set forth; and

WHEREAS, Waseca County has determined that the easement restricting residential uses by Waseca County of farmland and open space land will benefit the public through the preservation of property devoted to agricultural and open space uses.

NOW, THEREFORE, in and for the consideration of allowing the development right to be transferred to Buyer as specified, the Grantor(s) do by these presents forever encumber the lands described above with this easement to confirm that all Residential Development Rights now existing with respect to the Land have been transferred and the Land is hereby perpetually subject to the restrictions limiting permitted activities to agricultural and open space uses. However, this easement and encumbrance shall not prohibit the Grantors from acquiring Residential Development Rights for the Land from some other parcel in accordance with the provisions of the Waseca County Unified Development Code at some future date.

1 RESTRICTIONS ON USE OF THE LAND

Uses Restricted to Agricultural and Open Space Uses; Agricultural and Open Space Uses Defined. Use of the Land is permanently restricted to solely agricultural and open space uses.

A. “Agricultural uses,” as used herein, means: (1) The growing, raising, and production of horticultural and agricultural crops, including, but not limited to, grains, vegetables, berries, other fruits, cereal grains, herbs, hay, and silage, and the processing and the marketing for off-premises consumption of such crops grown, raised, or produced on the Land; (2) All forms of animal husbandry, including the processing and marketing for off-premises consumption of the animals raised on the Land or the products of the same; (3) The lying fallow or disuse of the Land. (4) Non-residential uses permitted by the Uniform Development Code of Waseca County and listed as “conditional uses.” Agricultural uses do not include the construction, habitation, or other use of a dwelling unit, except to the extent such use is specially reserved in this instrument. B. “Open space uses,” as used herein, means: (1) Agricultural uses as defined above; (2) Non-agricultural uses that conserve and enhance natural, scenic, or historic resources or otherwise impair the use of the soil on the Land for the raising of horticultural or agricultural crops.

The granting of this easement does not provide for any use by the public of the Land herein described.

The Grantor and Waseca County agree that this easement and the conditions and restrictions contained herein shall be binding upon the Grantors, their agents, personal representatives, heirs, assigns, and all other successors in interest to the Land, and this shall be a permanent easement running with and perpetually binding the Land.

The remainder of this page left blank intentionally.

2 IN WITNESS WHEREOF, the parties have hereunto set their hand and seals the day and year first above written.

GRANTORS

______Robert J. Burns

______Joan M. Burns

STATE OF MINNESOTA ) )ss COUNTY OF WASECA )

The foregoing Easement was executed before me this ____ day of ______, 2020, by before me, personally appeared Robert J. Burns married to Joan M. Burns.

______Notary Public

STATE OF MINNESOTA ) )ss COUNTY OF WASECA )

The foregoing Easement was executed before me this ____ day of ______, 2020, by before me, personally appeared Joan M. Burns married to Robert J. Burns.

______Notary Public

3 GRANTEE

Waseca County, Minnesota

By: ______S/ Mark Leiferman, Waseca County Planning and Zoning Administrator

STATE OF MINNESOTA ) )ss COUNTY OF WASECA )

On this ____ day of ______, 2020, before me, personally appeared, Mark Leiferman, the Planning and Zoning Administrator for Waseca County, Minnesota, who executed this easement and acknowledged that they signed the same as the free act and deed of said Waseca County, Minnesota, for the uses and purposes therein mentioned.

______Notary Public

This instrument drafted by:

Waseca County Zoning Office 300 North State Street Waseca, MN 56093

4 EXHIBIT “A”

PARCEL MAP AND DESCRIPTION TO EASEMENT AGREEMENT TRANSFERING DEVELOPMENT RIGHTS

Sending Site: The Southeast Quarter (SE ¼) of the Northeast Quarter (NE ¼), Section 30-107N-R23W (09.030.0200)

Receiving Site: See the attached legal description (01.001.0900)

I:\Planning_Zoning\FORMS\TDR\Alton\Vermeer Wetzel Burns\TDR map for Wetzel Burns.docx Sending Site 09.030.0200: The Southeast Quarter (SE ¼) of the Northeast Quarter (NE ¼) of Section 30, Township 107 North Range 23 West, Waseca County, Minnesota

Receiving Site 01.001.0900: That part of the Southeast Quarter (SE ¼) of the Southeast Quarter (SE ¼) of Section 1, Township 107 North Range 24 West, Waseca County, Minnesota, described as: Commencing at an iron pipe monument designating the southeast corner of said Section 1; thence North 89°03'11" West, (assumed bearing), along the south line of the Southeast Quarter of said Section 1, a distance of 251.59 feet to the point of beginning; thence North 05°00'00" West, 117.85 feet; thence North 08°00'00' West, 153.99 feet; thence North 12°00'00" West, 190.94 feet to the point of curvature of a circular curve to the right; thence northerly, along a 101.50 foot radius curve, central angle = 37° 00'00", an arc distance of 65.55 feet to the point of tangency of said curve; thence North 25°00'00" East, along the tangent of said curve, 67.91 feet to the point of curvature of a circular curve to the left; thence northerly, along a 183.50 foot radius curve, central angle = 23°37'34", an arc distance of 75.67 feet to the point of reverse curve; thence northerly, along a 791.50 foot radius curve, central angle = 5°09'03", an arc distance of 71.15 feet; thence North 89°03'11" West, not radially to said curve, 296.41 feet; thence South 00°08'00" West, 726.07 feet to a point on the south line of the Southeast Quarter of said Section 1; thence South 89°03'11" East, along said south line, 311.47 feet to the point of beginning. Said parcel contains 4.63 acres.

I:\Planning_Zoning\FORMS\TDR\Alton\Vermeer Wetzel Burns\TDR map for Wetzel Burns.docx Attachment "B"

Waseca County Board of Commissioners Request for Board Action

City of Waseca/ Waseca County Residential Tax Abatement Agreement for Perreault

Meeting Date: October 6, 2020 Fiscal/FTE Impact: Item Type: ☒ Consent ☐ Action ☒ None Department: Planning and Zoning Department ☐ Current budget Mark Leiferman, Planning and Contact: ☐ New FTE(s) Requested Zoning Administrator Contact Phone: (507) 835-0651 ☐ Other Prepared by: Mark Leiferman ☐ Amendment Requested

PURPOSE/ACTION REQUESTED

Approve the Residential Tax Abatement for Richard H. and Deborah J. Perrault Perreault

SUMMARY On April 2, 2019, the Waseca County Board conducted a hearing regarding the extension of the City of Waseca / Waseca County Residential Tax Abatement program and approved Resolution 2019-14. Following the completion of the hearing, the Board authorized the use of the residential tax abatement on any of existing residential lots within the City of Waseca referenced in Exhibit “A” to the resolution pending review and approval of an Abatement Agreement.

Waseca County has received application from Richard Perreault. The County Assessor has reviewed the market value for the property and the County Assessor has determined the County’s share of the 2020 tax for the building improvement portion of the taxes. As we have discussed in the past with the County Board, the County’s share of the tax abatements are reflected as level payments over the term of the agreement and in the amount(s) of $723 per year or $7,230 in total over the 10 year term (50% of the County’s share of taxes for 10 years).

RECOMMENDATION Move to approve the Abatement Agreements in substantially the form as provided.

EXPLANATION OF FISCAL/FTE IMPACTS The County’s share of taxes will be abated in the amount of $784 per year or $7,840 in total over the 10 year term of the Abatement Agreement.

Here are the estimates for the Perreault abatement: Building Value $245,500 Total Value $269,500 County Tax $1,445 City Tax $2,068 Supporting Documents: Attachment “A”: Residential Tax Abatement Agreement

Administrator’s Comments: Reviewed By (if required): ☐ Recommend Action ☐ County Attorney’s Office ☐ Do Not Recommend Action ☐ Risk Management ☐ Reviewed – No Recommendation ☐ Human Resources ☐ Reviewed – Information Only ☐ Information Technology ☐ Submitted at Commissioner Request ☐ Building and Grounds

County Administrator

September 30, 2020 RESIDENTIAL TAX ABATEMENT AGREEMENT

WASECA COUNTY, MINNESOTA and Richard H. and Deborah J. Perreault County Board Approval as of 6th day of October, 2020

THIS TAX ABATEMENT AND BUSINESS SUBSIDY AGREEMENT (this "Agreement"), made and entered into as of this ___ day of ______, 2020, between the Waseca County, a Political Subdivision under the laws of the State of Minnesota ("Waseca County"), and Richard H. and Deborah J. Perreault, married to each other (the "Owner"), the Owner of property located at 1001 – 11th St SE, Waseca, MN 56093 and legally described as Lot 2, Block 7, Pondview of Waseca, Waseca County, Minnesota (the "Property").

WlTNESSETH: WHEREAS, pursuant to Minnesota Statutes, Sections 469.1812 through 469.1815, the Waseca County has established a Tax Abatement Program; and WHEREAS, the Waseca County believes that the development and construction of a certain Project (as defined herein), and fulfillment of this Agreement are vital and are in the best interests of the Waseca County, will result in preservation and enhancement of the tax base, provide employment opportunities and are in accordance with the public purpose and provisions of the applicable state and local laws and requirements under which the Project has been undertaken and is being assisted; NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: Section 1. Definitions. All capitalized terms used and not otherwise defined herein shall have the following meanings unless a different meaning clearly appears from the context:

Agreement means this Agreement, as the same may be from time to time modified, amended or supplemented; Business Day means any day except a Saturday, Sunday or a legal holiday or a day on which banking institutions in the Waseca County are authorized by law or executive order to close; Waseca County means the Waseca County of Waseca, Minnesota; County means Waseca County, Minnesota; Event of Default means any of the events described in Section 4; Owner means Richard H. and Deborah J. Perrault, married to each other; Project means the construction and equipping by the Owner of a single family home on the Property described above and a Waseca County Parcel Identification number is 17.535.0490; State means the State of Minnesota; Tax Abatement Act means Minnesota Statutes, Sections 469.1812 through 469.1815;

Page 1 of 7 Tax Abatement Program means the actions by the Waseca County pursuant to Minnesota Statutes, Section 469.1812 through 469.1815, as amended, and undertaken in support of the Project; Tax Abatement Property means the Property located at the address described above, Waseca, MN 56093 as legally described above;

Tax Abatements means a portion or all of the Waseca County's share of real estate taxes on the Tax Abatement Property not to exceed the amounts and in accordance with the terms herein and in the Tax Abatement Program therein. Section 2. Tax Abatement Program.

On or before July 15 and December 15 of each year commencing July 15, 2022 to and including December 15, 2031 Waseca County shall pay to the Owner the amount of Tax Abatement received by the Waseca County in the previous six month period, subject to the limitation below. Notwithstanding anything to the contrary contained in the Abatement Resolution or this Agreement, the Waseca County agrees to abate the Waseca County's share of the taxes in an amount not to exceed $723 per year for ten (10) years, or $7,230 in total. If the construction of the Project is not completed by December 31, 2021, this Agreement shall terminate, unless extended by the Waseca County and the Owner in writing. The Owner acknowledges that the agreement of the Waseca County to cause the Tax Abatements to be paid to the Owner, as set forth herein, is a special, limited obligation of the Waseca County, and shall not be payable from any funds of the Waseca County other than the amount of the abated taxes received by the Waseca County in each year. If there are insufficient funds to make any payment specified above, the total amount of the abatement to be will be reduced accordingly. Subject to Unavoidable Delays (as hereinafter defined), the Owner will construct, or cause to be constructed, the Project in accordance with the Construction Plans. Such construction has commenced, and will be completed on or before December 31, 2021. The Owner will at all times prior to the termination of this Agreement operate and maintain, preserve and keep the Project or cause the Project to be maintained, preserved and kept with the appurtenances and every part and parcel thereof, in good repair and condition. 2.01. Damage and Destruction. In the event of damage or destruction of the Project, the Owner shall repair or rebuild the Project.

2.02. No Change in Use of Project. The Waseca County's obligations pursuant to this Agreement shall be used as a single-family residence by the Owner.

2.03. Prohibition Against Transfer of Project and Assignment of Agreement. The Owner represents and agrees that prior to the termination date of this Agreement the Owner shall not transfer the Project or any part thereof or any interest therein, without the prior written approval of the Waseca County. The Waseca County shall be entitled to require as conditions to any such approval that:

(1) Any proposed transferee shall have the qualifications and financial responsibility, in the reasonable judgment of the Waseca County, necessary and adequate to fulfill the obligations undertaken in this Agreement by the Owner.

(2) Any proposed transferee, by instrument in writing satisfactory to the Waseca County shall, for itself and its successors and assigns, and expressly for the benefit of the Waseca County, have expressly assumed all of the obligations of the Owner under this Agreement and agreed to be subject to all the conditions and restrictions to which the Owner is subject.

(3) There shall be submitted to the Waseca County for review and prior written approval all instruments and other legal documents involved in effecting the transfer of any interest in this Agreement or the Project.

Page 2 of 7 2.04. Real Estate Taxes. The Owner shall, so long as this Agreement remains in effect, pay all real property taxes with respect to all parts of the Tax Abatement Property acquired and owned which are payable pursuant to statutory or contractual duty that shall accrue as to the Tax Abatement Property (or part thereof) and until title to the property is vested in another person. The Owner agrees that for tax assessment purposes, so long as this Agreement remains in effect:

(a) It will not seek administrative review or judicial review of the applicability of any tax statute relating to the ad valorem property taxation of real property contained on the Tax Abatement Property determined by any tax official to be applicable to the Project or the Owner or raise the inapplicability of any such tax statute as a defense in any proceedings with respect to the Tax Abatement Property, including delinquent tax proceedings; provided, however, "tax statute" does not include any local ordinance or resolution levying a tax;

(b) It will not seek administrative review or judicial review of the constitutionality of any tax statute relating to the taxation of real property contained on the Tax Abatement Property determined by any tax official to be applicable to the Project or the Owner or raise the unconstitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings with respect to the Tax Abatement Property; provided, however, "tax statute" does not include any local ordinance or resolution levying a tax;

(c) It will not seek any tax deferral or abatement, either presently or prospectively authorized under Minnesota Statutes, Section 469.181, or any other State or federal law, of the ad valorem property taxation of the Tax Abatement Property so long as this Agreement remains in effect.

Section 3. Defaults and Remedies

(a) Events of Default; Remedies. Each or any of the following occurrences shall constitute an Event of Default for purposes of this Agreement:

(b) failure of the Owner to timely pay any ad valorem real property taxes, special assessments, utility charges or other governmental impositions with respect to the Project;

(c) failure by the Owner to complete the construction of the Project on or before December 31, 2021;

(d) failure by the Owner to observe or perform, or breach by the Owner of, any other covenant, agreement, condition or obligation on its part to be observed and performed under this Agreement; or

(e) filing of any voluntary petition in bankruptcy or similar proceedings by the Owner; general assignment for the benefit of creditors made by the Owner or admission in writing by the Owner of inability to pay its debts generally as they become due; or filing of any involuntary petition in bankruptcy or similar proceedings against the Owner which are nor dismissed or stayed within 60 days.

(f) Remedies on Default. Upon the occurrence of an Event of Default, which has not been cured within thirty (30) days after written notice thereof delivered to the Owner, the Waseca County may take any one or more of the following actions:

(g) The Waseca County may suspend its performance under this Agreement until it receives assurances from the Owner, deemed adequate by the Waseca County, that the Owner will cure its default and continue its performance under this Agreement.

Page 3 of 7 (h) The Waseca County may cancel and rescind the Agreement.

(i) The Waseca County may take any action, including legal or administrative action, in law or equity, which may appear necessary or desirable to enforce performance and observance of any obligation, agreement, or covenant of the Owner under this Agreement.

3.02. No Remedy Exclusive. No remedy herein conferred upon or reserved to the Waseca County is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof but any such right and power may be exercised from time to time and as often as may be deemed expedient.

3.03. No Implied Waiver. In the event any agreement contained in this Agreement should be breached by any party and thereafter waived by any other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder.

3.04. Agreement to Pay Attorney's Fees and Expenses. Whenever any Event of Default occurs and the Waseca County shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement or performance or observance of any obligation or agreement on the part of the Owner herein contained, the Owner agrees that they shall, on demand therefor, pay to the Waseca County the reasonable fees of such attorneys and such other expenses so incurred by the Waseca County.

3.05. Release and Indemnification Covenants.

(1) The Owner releases from and covenants and agrees that the Waseca County and its governing body members, officers, agents, servants and employees shall not be liable for and agrees to indemnify and hold harmless the Waseca County and its governing body members, officers, agents, servants, and employees against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Project.

(2) Except for any willful misrepresentation or any willful or wanton misconduct of the following named parties, the Owner agrees to protect and defend the Waseca County and its governing body members, officers, agents, servants and employees, now or forever, and further agrees to hold the aforesaid harmless from any claim, demand, such, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from a breach of the obligations of the Owner under this Agreement, or the transactions contemplated hereby or the acquisition, construction, installation, ownership, maintenance and operation of the Project.

(3) The Waseca County and its governing body members, officers, agents, servants and employees shall not be liable for any damages or injury to the persons or property of the Owner or its officers, agents, servants or employees or any other person who may be about the Project due to any act of negligence of any person.

(4) All covenants, stipulations, promises, agreements and obligations of the Waseca County contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the Waseca County and not of any governing body member, officer, agent, servant or employee of the Waseca County in the individual Waseca County thereof.

Page 4 of 7 Section 4. Additional Provisions.

4.01. Conflicts of Interest; Waseca County's Representatives Not Individually Liable. No councilmember, officer, or employee of the Waseca County shall have any personal interest, direct or indirect, in this Agreement, or the construction of the Project, nor shall any such councilmember, officer, or employee participate in any decision relating to this Agreement which affects his or her personal interests or the interests of any corporation, partnership, or association in which he or she is, directly or indirectly, interested. No councilmember, officer or employee of the Waseca County shall be personally liable to the Owner in the event of any default under or breach of this Agreement by the Waseca County, or for any amount which may become due to the Owner for any obligation issued under or arising from the terms of this Agreement.

4.02. Rights Cumulative. The rights and remedies of the parties of this Agreement, whether provided by law or by this Agreement, shall be cumulative, and the exercise by either party of any one or more of such remedies shall not preclude the exercise by such party, at the same or different times, of any other remedy for the same default or breach or of any of its remedies for any other default or breach of the party. No waiver made by either such party with respect to the performance or the manner or time thereof, of any obligation under this Agreement, shall be considered a waiver with respect to the particular obligation of the other party or a condition to its own obligation beyond those expressly waived in writing and to the extent thereof, or a waiver in any respect in regard to any other rights of the party making the waiver of any obligations of the other party. Delay by a party hereto instituting or prosecuting any cause of action or claim hereunder shall not be deemed a waiver of any rights hereunder.

4.03. Unavoidable Delays. Wherever used in this Agreement, the term "Unavoidable Delays" shall mean a delay resulting from a cause outside the control of the party claiming its occurrence and which is not caused by such party's negligence, including but not limited to those due to strikes, work stoppages, boycotts, other labor troubles, unavailability or delay in delivery of materials, unusually severe or prolonged bad weather, acts of God, fire or other casualty, litigation commenced by third parties which, by injunction or other similar judicial action or by the exercise of reasonable discretion, directly or indirectly results in delays, or acts of any federal, state or local governmental unit (other than the Waseca County) which directly or indirectly result in delays, or acts of the Waseca County where it is required pursuant to this Agreement to act by a specified date or within a specified period and fails to do so; provided that any delay in obtaining financing by the Owner shall not constitute an Unavoidable Delay.

Section 5. Business Subsidy. The financial assistance provided herein is not a business subsidy under Minnesota Statutes 116J.993 through 116J.995 since the financial assistance is assistance for housing.

Section 6. Administrative Provisions.

6.01. Notices. All notices, demands or other communications required to be given to the Waseca County and the Owner hereunder shall be sufficiently given and shall be deemed given when delivered or deposited in the United States mail in certified form with postage fully prepaid and addressed as follows:

If to the Waseca County: Waseca County 307 North State Street Waseca, Minnesota 56093 Attn: Tamara Spooner

If to the Owner: Richard and Deborah Perreault 1001 – 11th St SE Waseca, MN 56093

Page 5 of 7 The Waseca County and the Owner, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications should be sent.

6.02. Binding Effect. This Agreement shall inure to the benefit of and shall be binding upon the Waseca County and the Owner and their respective successors and assigns.

6.03. Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof.

6.04. Amendments, Changes and Modifications. This Agreement may be amended or any of its terms modified only by written amendment authorized and executed by the Waseca County and the Owner.

6.05. Execution Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.

6.06. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota.

6.07. Provisions Surviving Rescission or Expiration. Sections 5.05 and 5.06 shall survive any rescission, termination or expiration of this Agreement with respect to or arising out of any event, occurrence or circumstance existing prior to the date thereof.

6.08. Captions. The captions or headings in this Agreement are for convenience only and in no way define, limit or describe the scope of intent of any provisions or Sections of this Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first above written. WASECA COUNTY OF WASECA, MINNESOTA

By ______Waseca County Board Chairman

STATE OF MINNESOTA ) ) ss. COUNTY OF WASECA )

The foregoing instrument was acknowledged before me on this ____ day of ______, 20___, by ______, Chairman of the Waseca County Board of Commissioners, on behalf of the County Board.

______Notary Public

Page 6 of 7 “Owner”

By ______Richard H. Perreault

By ______Deborah J. Perreault

STATE OF MINNESOTA ) ) ss. COUNTY OF ______)

The foregoing instrument was acknowledged before me on this _____ day of ______, 2020, by Richard H. Perreault, married to Deborah J. Perreault.

______Notary Public

STATE OF MINNESOTA ) ) ss. COUNTY OF ______)

The foregoing instrument was acknowledged before me on this _____ day of ______, 2020, by Deborah J. Perreault, married to Richard H. Perreault.

______Notary Public

This document was drafted by:

Waseca County 300 North State Street Waseca, Minnesota 56093 507-835-0651

Page 7 of 7 Waseca County Board of Commissioners Request for Board Action

Berry Family, LLC Tax Abatement

Meeting October 6, 2020 Fiscal/FTE Impact: Date: Item Type: ☐ Consent ☒ Action ☐ None Department: County Administration ☐ Current budget Michael Johnson, County Contact: Administrator Planning and ☐ New FTE(s) Requested Zoning Administrator Contact (507) 835-0630 ☒ Other Public Hearing 9:45 AM Phone: Prepared by: Michael Johnson ☐ Amendment Requested

PURPOSE/ACTION REQUESTED

Conduct a public hearing and consider the approval of a tax Abatement for the Berry Family, LLC for an addition onto their existing building. The Waseca Economic Development Authority will be making a recommendation Friday October 2, 2020 on this matter.

SUMMARY

Minnesota Statutes 469.1812 to 469.1815 requires a public hearing for the purpose of receiving oral and/or written comments on any proposed abatement of property taxes. Berry Family LLC is proposing an addition to an industrial manufacturing structure to be owned by the LLC. The property is located at 1501 4th Avenue SW, Waseca, MN, 56093. The legal description of the site is Lots 5, 6, 7, and 8, Block One (1), South Industrial Park subdivision to the City of Waseca. The Waseca County Parcel Identification Number (PID) for the impacted tract is 17.616.0050. Waseca County Assessor’s records indicate the property is currently improved with a 35,500 square foot office/industrial manufacturing building and a 4,320 square foot open sided lumber shed.

The County granted a ten year tax abatement (hereinafter the “Original Abatement”) for the County’s share of taxes on the office/manufacturing structure in 2012. The Original Abatement was for a period of ten (10) years, commencing with taxes payable in 2014, through and including taxes payable in 2023. Under the terms of the Original Abatement, the County agreed to Abate the County’s share of the taxes not to exceed $12,645 per year, or $126,450 in total. The full Original Abatement is recorded with the Waseca County Recorder as Document Number 294890.

Berry Pallets submitted plans that are proposing to add a 39,926 square foot industrial production addition onto the existing office/industrial manufacturing facility described above. The new structure will include the construction of two loading docks. Tax Abatement Agreement Waseca County and Berry Family, LLC Page 1 of 17

The Waseca County Assessor’s office has estimated the value of the addition to the existing facility to be $1,690,397. The estimated tax capacity is $33,806.14. Based upon the estimates above, the County’s portion of taxes on the new addition to the existing structure will not exceed $21,846 per year. Over the full ten year term, the total abatement will not exceed $218,460. Under this request, the proposed new Abatement term will also be a period of ten (10) years, commencing with taxes payable in 2023, through and including taxes payable in 2032. If this abatement is approved, in 2023, the County will pay both an abatement payment for the existing structure (Original Abatement of $12,645) as well as a payment for the County’s share of taxes for the proposed new abatement ($21,846). Starting in 2024, the Original Abatement amount will no longer be paid to Berry Pallets.

Budget/Financial Consideration:

$21,846 of Taxes would be abated annually for a 20 year period ($218,460 in total).

Attachments: - Attachment “A”: Resolution 2020-36 - Attachment “B”: Tax Abatement Agreement - Attachment “C”: Public Hearing Notice

RECOMMENDATION Conduct a public hearing and consider if the Waseca County Board feels this abatement meets the intent of the policy and if so, approve the resolution to authorize an abatement.

EXPLANATION OF FISCAL/FTE IMPACTS None.

Tax Abatement Agreement Waseca County and Berry Family, LLC Page 2 of 17

Administrator’s Comments: Reviewed By (if required): ☐ Recommend Action ☐ County Attorney’s Office ☐ Do Not Recommend Action ☐ Risk Management ☐ Reviewed – No Recommendation ☐ Human Resources ☐ Reviewed – Information Only ☐ Information Technology ☐ Submitted at Commissioner Request ☐ Building and Grounds

County Administrator

Tax Abatement Agreement Waseca County and Berry Family, LLC Page 3 of 17

Attachment “A” DRAFT

RESOLUTION NO. 2020-36

RESOLUTION RELATING TO A TAX ABATEMENT BY WASECA COUNRT FOR BERRY FAMILY LLC

BE IT RESOLVED by the County Board for Waseca County, Minnesota (the “County”), as follows:

Section 1. Authorization and Recitals. 1.01. The County, pursuant to Minnesota Statutes, Sections 469.1812 to 469.1815, as amended (the “Act”), is authorized to grant an abatement of the property taxes imposed by the County on a parcel of property, if certain conditions are met, through the adoption of a resolution, specifying the terms of the abatement.

1.02. Berry Family, LLC (the “Owner”) has proposed that it undertake a project (the “Project”) consisting of the construction and equipping of a 39,926 square foot industrial production addition (hereinafter the “Project”) to the existing 36,500 square foot office and manufacturing building (hereinafter “Existing Facility”) located at 1501 4th Street SW, Waseca, MN, 56093 which is legally described as Lots 5, 6, 7, and 8, Block One (1), South Industrial Park in the City of Waseca also known as Waseca County Parcel Identification Number (PID) 17.616.0050” (hereinafter the “Property”).

1.03. Pursuant to the Act, this Board on October 6, 2020, conducted a public hearing on the desirability of granting the abatement. Notice of the public hearing was duly published as required by law in the Waseca County News, a newspaper of general circulation in the County, on September 24, 2020.

1.04. The Waseca Economic Development Authority met on October 2, 2020 to review the request for the abatement and recommended approval of the abatement as outlined herein.

Section 2. Findings. On the basis of the information provided by the Owner, the recommendation of the Waseca Economic Development Authority and elicited at the public hearing referred to in Section 1.03, it is hereby found, determined and declared:

2.01. Granting the proposed abatement is in the public interest because it will 1) increase the tax base of Waseca County and 2) sustain employment in Waseca County.

2.02. The Board expects that the benefits to the County of the proposed abatement to at least equal or exceed the costs to the County of the proposed abatement.

2.03. The Property is not located in a tax increment financing district.

Tax Abatement Agreement Waseca County and Berry Family, LLC Page 4 of 17 2.04. This Board hereby finds that the Project conforms to the general plan for the development of the County as a whole.

2.05. In any year, the total amount of property taxes abated by the County by this and other resolutions, if any, does not exceed the greater of $21,846 per year over the full ten year term, the total abatement will not exceed $218,460.

2.06. It is in the best interests of the County to grant the tax abatement authorized in this Resolution.

Section 3. Terms of the Tax Abatement.

3.01. A property tax abatement is hereby approved for property taxes levied by the County on the Property as a result of the construction of the Project for ten (10) years, commencing with taxes payable in 2023, through and including taxes payable in 2032 (the “Abatement”). The Abatement is limited to the taxes generated solely by the taxes derived from Project and the taxes derived from the Existing Facility shall not be abated. The Abatement shall also be subject to all the terms and imitations of the Act.

3.02. The terms of the Abatement shall be as set forth in this Resolution and in the Tax Abatement Agreement provided, however, that the Abatement shall be payable solely from the property taxes paid with respect to the Project constructed on the Property and actually received by the County and shall not be payable from any other funds of the County. In no event shall the amount of the Abatement in a year exceed the total amount of property taxes levied by the County on the Project and received by the County from the collection thereof in such year.

3.03. Notwithstanding anything to the contrary contained in this Resolution, the Abatement shall not exceed 21,846 per year over the full ten year term and the total abatement will not exceed $218,460.

3.04. The Abatement shall be paid to the Owner of the Property as provided in the Tax Abatement Agreement.

3.05. The Abatement may not be modified or changed during its term.

3.06. The Tax Abatement Agreement between the County and the Owner is hereby approved.

Adopted this 6th day of October, 2020.

WASECA COUNTY

______Douglas Christopherson County Board Chairman

Tax Abatement Agreement Waseca County and Berry Family, LLC Page 5 of 17

ATTEST:

______Tamara J. Spooner County Auditor Treasurer

Attachment “B” Tax Abatement Agreement

Tax Abatement Agreement Waseca County and Berry Family, LLC Page 6 of 17

Reserved for Recording

TAX ABATEMENT AGREEMENT

between

WASECA COUNTY, MINNESOTA

and

BERRY FAMILY, LLC

Dated as of October 6, 2020

Tax Abatement Agreement Waseca County and Berry Family, LLC Page 7 of 17

THIS TAX ABATEMENT AGREEMENT (this “Agreement”), made and entered into as of this 6th day of October, 2020, between the WASECA COUNTY, a Minnesota body corporate and politic under the laws of Minnesota (hereinafter “Waseca County” or “County”) and BERRY FAMILY, LLC (hereinafter “Owner”)

WITNESSETH:

WHEREAS, Waseca County is authorized to grant real estate tax abatements pursuant to Minnesota Statutes 469.1812 through 469.1815; and

WHEREAS, Waseca County has received a request from the above-described Owner for tax abatement on a portion of the County’s share of taxes related to the construction and development of a 39,926 square foot industrial production addition (hereinafter the “Project”) to the existing 36,500 square foot office and manufacturing building (hereinafter “Existing Facility”) located at 1501 4th Street SW, Waseca, MN, 56093 which is legally described as Lots 5, 6, 7, and 8, Block One (1), South Industrial Park in the City of Waseca also known as Waseca County Parcel Identification Number (PID) 17.616.0050” (hereinafter the “Property”); and

WHEREAS, the Project, as herein described will, in the opinion of the County, preserve and enhance the tax base in Waseca County and provide employment opportunities that appear to be in accordance with the public purpose provisions of state and local laws; and

WHEREAS, the requirements of the Business Subsidy Law, Minnesota Statutes, Section 116J.993 through 116J.995, apply to this Agreement because the assistance given to the Owner under this Agreement exceeds $150,000.

NOW, THEREFORE, in the joint and mutual exercise of their powers, and in consideration of the mutual covenants herein contained, the parties hereto recite and agree as follows:

Section 1. Recitals.

1.01. The Project; Request for Assistance. The Owner is undertaking the construction and equipping of a 39,926 square foot industrial production addition (the “Project”) to the 35,500 square foot office/industrial manufacturing building located on the land described and depicted in Exhibit “A”, attached hereto (the “Property”), and has requested that the County consider assisting the Owner by granting an abatement of property taxes relating to the construction on the Project on the Property.

1.02. Approval and Tax Abatement. On October 6, 2020, the County held a public hearing on the granting of a tax abatement, pursuant to and in accordance with Minnesota Statutes 469.1812 through 469.1815, as amended (the “Act”). The County hereby finds that granting the tax abatement is in the public interest because it will encourage the Owner to undertake the Project which will add to the County’s tax base and preserve existing jobs in the County. The County expects that it will derive benefits from the Project that are at least equal to the cost of the tax abatement.

Section 2. Representations.

2.01. County Representations. The County hereby represents as follows:

(a) The County is authorized by law to enter into this Agreement and to carry out its covenants and agreements hereunder.

(b) The County has taken all actions necessary under the Act to authorize the actions contemplated by this Agreement.

2.02. Owner Representations and Agreements. The Owner hereby represents and agrees as follows:

(a) The Owner has the power to enter into this Agreement and has duly authorized by all necessary action the execution and delivery of this Agreement.

(b) The Owner will, subject to Unavoidable Delays (as hereinafter defined), construct the Project and shall operate, maintain and preserve the Project in accordance with the terms of this Agreement.

Section 3. County Undertakings.

3.01. Tax Abatement A property tax abatement is hereby approved for property taxes levied by the County on the Property generated solely to the construction of the Project for ten (10) years, commencing with taxes payable in 2023, through and including taxes payable in 2032 (the “Abatement”). Notwithstanding anything to the contrary contained in the abatement resolution or this Agreement, the County agrees to abate the County’s share of the taxes generated solely as a result of the construction of the Project not to exceed $21,846 per year, or $218,460 in total. The taxes generated by the Existing Facility are not abated and shall not be payable to the Owner under this Agreement.

3.02. Terms of Abatement; Completion of Project The amount of the tax abatement shall be paid over to the Owner within sixty (60) days after receipt by the County of its semi-annual tax payment from the Owner. The 2023 abatement may be a partial payment if the Waseca County Assessor cannot place a full value on the project by January 1, 2022. If the construction of the Project is not substantially completed by January 1, 2022, this Agreement shall terminate, unless extended by the County and the Owner in writing. The Owner acknowledges that the agreement of the County to cause the abated taxes to be paid over to the Owner, as set forth herein, is a special, limited obligation of the County, and shall not be payable from any funds of the County other than the amount of the abated taxes received by the County from the Owner in each year. If there are insufficient funds to make any payment specified above, the total amount of the abatement to be will be reduced accordingly.

Section 4. Owner’s Undertakings.

4.01. Construction of the Project. Subject to Unavoidable Delays, the Owner will construct, or cause to be constructed, the Project. Such construction has commenced, and will be substantially completed on or before January 1, 2022.

4.02. Operation and Maintenance of Project. The Owner further agrees that, at all times prior to the termination of this Agreement, it will operate and maintain, preserve and keep the Project or cause the Project to be maintained, preserved and kept with the appurtenances and every part and parcel thereof, in good repair and condition.

4.03. Damage and Destruction. In the event of damage and destruction of the Project during the term of this Agreement, the Owner shall rebuild the Project.

4.04. Change in Use of Project. The County’s obligations pursuant to this Agreement shall be subject to the continued operation of the Project by the Owner.

4.05. Prohibition Against Transfer of Project and Assignment of Agreement. The Owner represents and agrees that prior to the termination date of this Agreement the Owner shall not transfer the Project or any part thereof or any interest therein, without the prior written approval of the County. The County shall be entitled to require as conditions to any such approval that:

(a) Any proposed transferee shall have the qualifications and financial responsibility, in the reasonable judgment of the County, necessary and adequate to fulfill the obligations undertaken in this Agreement by the Owner.

October 6, 2020

(b) Any proposed transferee, by instrument in writing satisfactory to the County shall, for itself and its successors and assigns, and expressly for the benefit of the County, have expressly assumed all of the obligations of the County under this Agreement and agreed to be subject to all the conditions and restrictions to which the County is subject.

(c) There shall be submitted to the County for review and prior written approval all instruments and other legal documents involved in effecting the transfer of any interest in this Agreement or the Project.

Section 5. Business Subsidies Act.

5.01. Business Subsidy. In order to satisfy the provisions of Minnesota Statutes, Sections 116J.993 to 116J.995 (the “Business Subsidy’s Act”), the Owner acknowledges and agrees that the amount of the “Business Subsidy” granted to the Owner herein is appropriate and that the Business Subsidy is needed because the project is not sufficiently feasible for the Owner to undertake without the Business Subsidy. The tax abatement is being granted to encourage the construction of the Project (the “Goals”). After holding a public hearing October 6, 2020, the County determined that the creation and retention of jobs is not the goal of the subsidy for the Project and has consequently set the wage and job goals hereunder at zero.

5.02. Goals. If the Goals are not met, the Owner agrees to repay all of the Business Subsidy to the County, plus interest (“Interest”) set at the implicit price deflator defined in Minnesota Statutes, Section 275.70, Subdivision 2, accruing from the date the goals are not met, compounded semiannually.

5.03. Reporting. The Owner agrees to (i) report progress on achieving the Goals to the County until the date the Goals are met or, if the Goals are not met, until the date the Business Subsidy is repaid, (ii) include in the report the information required in Minnesota Statutes 116J.994, Subdivision 7 on the forms developed by the Minnesota Department of Employment and Economic Development, and (iii) send the reports to the County. The Owner agrees to file these reports no later than March 1 of each year commencing on March 1, 2021, and within 30 days of after the deadline for meeting the Goals. The County agrees that if it does not receive the reports, it will mail the Owner a warning within one week of the filing date. If within 14 days of the post marked date of the warning reports are not made, the Owner agrees to pay the County the sum of $100 for each subsequent day until the report is filed up to a maximum of $1,000.

5.04. Continued Operations. The Owner agrees to continue operations within the County for the term of the Abatement Agreement.

5.05 Other Assistance. The City of Waseca and Waseca County are the only government agencies providing assistance for the Project. No other State or local government agency is providing assistance to the Project.

5.06. Time Frame. The parties agree that the Goals for the construction of the Project must be substantially and materially met within two (2) years after the Benefit Date (the “Initial Time Frame”).

5.07. Parent Corporation. There is no parent corporation of the Owner.

5.08. Failure to Meet Terms. The Owner certifies that it does not appear on the Minnesota Department of Employment and Economic Development’s list of recipients that have failed to meet the terms of a business subsidy agreement.

Section 6. Events of Default; Remedies.

6.01. Events of Default; Remedies. Each or any of the following occurrences shall constitute an Event of Default for purposes of this Agreement:

October 6, 2020

(a) failure by the Owner to commence or complete the Project at the times and in the manner set forth in Section 4 hereof; or

(b) failure by the Owner to observe and perform, or breach by the Owner of, any other covenant, agreement, condition or obligation on its part to be observed and performed under this Agreement; or

(c) filing of any voluntary petition in bankruptcy or similar proceedings by the Owner; general assignment for the benefit of creditors made by the Owner or admission in writing by the Owner of inability to pay its debts generally as they become due; or filing of any involuntary petition in bankruptcy or similar proceedings against the Owner which are not dismissed or stayed within 60 days.

Upon the occurrence of an Event of Default, which has not been cured within 30 days after written notice thereof delivered to the Owner, the County may take any one or more of the following remedial steps: (i) terminate this Agreement; (ii) suspend the County’s performance under the Agreement until it receives assurances from the Owner satisfactory to the County that the Owner will cure such Event of Default and perform its obligations under the Agreement; or (iii) take any other actions deemed necessary or desirable by the County, including legal or administrative proceedings for the enforcement of any covenant, agreement or obligation on the part of the Owner. No default or Event of Default hereunder shall effect a forfeiture of the Property to the County.

In the event the County should fail to observe or perform any covenant, agreement or obligation of the County on its part to be observed and performed under this Agreement, the Owner may (i) terminate this Agreement; (ii) suspend the Owner’s performance under the Agreement until it receives assurances from the County satisfactory to the Owner that the County will perform its obligations under the Agreement; or (iii) take any other actions deemed necessary or desirable by the Owner, including legal or administrative proceedings for the collection of any amounts due hereunder or the enforcement of any covenant, agreement or obligation on the part of the County.

Section 7. General Provisions.

7.01. Conflicts of Interest; County’s Representatives Not Individually Liable. No County Board Member, officer, or employee of the County shall have any personal interest, direct or indirect, in this Agreement, or the construction of the Project, nor shall any such County Board Member, officer, or employee participate in any decision relating to this Agreement which affects his or her personal interests or the interests of any corporation, partnership, or association in which he or she is, directly or indirectly, interested. No County Board Member, officer or employee of the County shall be personally liable to the Owner in the event of any default under or breach of this Agreement by the County, or for any amount which may become due to the Owner for any obligation issued under or arising from the terms of this Agreement.

7.02. Rights Cumulative. The rights and remedies of the parties of this Agreement, whether provided by law or by this Agreement, shall be cumulative, and the exercise by either party of any one or more of such remedies shall not preclude the exercise by such party, at the same or different times, of any other remedy for the same default or breach or of any of its remedies for any other default or breach of the party. No waiver made by either such party with respect to the performance or the manner or time thereof, of any obligation under this Agreement, shall be considered a waiver with respect to the particular obligation of the other party or a condition to its own obligation beyond those expressly waived in writing and to the extent thereof, or a waiver in any respect in regard to any other rights of the party making the waiver of any obligations of the other party. Delay by a party hereto instituting or prosecuting any cause of action or claim hereunder shall not be deemed a waiver of any rights hereunder.

7.03. Unavoidable Delays. Wherever used in this Agreement, the term “Unavoidable Delays” shall mean a delay resulting from a cause outside the control of the party claiming its occurrence and which is not caused by such party’s negligence, including but not limited to those due to strikes, work stoppages, boycotts, other labor troubles, unavailability or delay in delivery of materials, unusually severe or prolonged bad weather, acts of God, fire or other casualty, litigation commenced by third parties which, by injunction or other similar judicial action or by the exercise of reasonable discretion, October 6, 2020 directly or indirectly results in delays, or acts of any federal, state or local governmental unit (other than the County) which directly or indirectly result in delays, or acts of the County where it is required pursuant to this Agreement to act by a specified date or within a specified period and fails to do so; provided that any delay in obtaining financing by the Owner shall not constitute an Unavoidable Delay.

Section 8. Administrative Provisions.

8.01. Notices. All notices, certificates or other communications required to be given to the County and the Owner hereunder shall be sufficiently given and shall be deemed given when delivered or deposited in the United States mail in certified form with postage fully prepaid and addressed as follows:

If to the County: Waseca County 300 North State Street Waseca, Minnesota 56093 Attn: County Administrator

If to the Owner: Berry Family, LLC 1504 4th Street SE Waseca, Minnesota 56093 Attention: Richard Berry, President

The County and the Owner, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications should be sent.

8.02. Binding Effect. This Agreement shall inure to the benefit of and shall be binding upon the County and the Owner and their respective successors and assigns.

8.03. Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof.

8.04. Amendments, Changes and Modifications. This Agreement may not be amended or any of its terms modified.

8.05. Execution Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.

8.06. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota without giving effect to the conflicts-of-laws principles thereof.

8.07 Captions. The captions or headings in this Agreement are for convenience only and in no way define, limit or describe the scope of intent of any provisions or Sections of this Agreement.

October 6, 2020

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first above written.

“County”

WASECA COUNTY, MINNESOTA

By

County Board Chairman

By

County Auditor Treasurer

STATE OF MINNESOTA ) ) ss. COUNTY OF )

The foregoing instrument was acknowledged before me on this ____ day of ______, 2020, by Douglas Christopherson, the County Board Chairman, and Tamara J. Spooner, the County Auditor Treasurer of the Waseca County, a Political Subdivision, on behalf of Waseca County.

______Notary Public

October 6, 2020

“Owner”

Berry Family, LLC

Its______

STATE OF MINNESOTA ) ) ss. COUNTY OF )

The foregoing instrument was acknowledged before me on this _____ day of ______, 2020, by ______, the ______of Berry Family, LLC.

______Notary Public

This document was drafted by:

Waseca County 300 North State Street Waseca, Minnesota 56093 507-835-0651

October 6, 2020

EXHIBIT “A”

Tax Parcel No. Legal Description R17.616.0050- Lot 5, 6, 7 and 8, Block One (1) South Industrial Park to the City of Waseca

October 6, 2020

ATTACHMENT C Berry Abatement Notice

NOTICE OF PUBLIC HEARING ON PROPOSED TAX ABATEMENT NOTICE IS HEREBY GIVEN that Waseca County will conduct a public hearing pursuant to Minnesota Statutes 469.1812 to 469.1815 for the purpose of receiving oral and/or written comments on the proposed abatement of property taxes for an addition to an industrial manufacturing structure to be owned by Berry Family LLC (hereinafter “Berry Pallets”). The property is located at 1501 4th Avenue SW, Waseca, MN, 56093. The public hearing will convene at 9:45 am, Tuesday October 6, 2020 in the Waseca County Annex adjacent to the County Board Room, 300 North State Street, Waseca, MN 56093. The site is located on Lots 5, 6, 7, and 8, Block One (1), South Industrial Park subdivision to the City of Waseca. The Waseca County Parcel Identification Number (PID) for the impacted tract is 17.616.0050. Waseca County Assessor’s records indicate the property is currently improved with a 35,500 square foot office/industrial manufacturing building and a 4,320 square foot open sided lumber shed. The County granted a ten year tax abatement (hereinafter the “Original Abatement”) for the County’s share of taxes on the office/manufacturing structure in 2012. The Original Abatement was for a period of ten (10) years, commencing with taxes payable in 2014, through and including taxes payable in 2023. Under the terms of the Original Abatement, the County agreed to Abate the County’s share of the taxes not to exceed $12,645 per year, or $126,450 in total. The full Original Abatement is recorded with the Waseca County Recorder as Document Number 294890. Berry Pallets has submitted plans is proposing to add a 39,926 square foot industrial production addition onto the existing office/industrial manufacturing facility described above. The new structure will include the construction of two loading docks. The Waseca County Assessor’s office has estimated the value of the addition to the existing facility to be $1,690,397. The estimated tax capacity is $33,806.14. Based upon the estimates above, the County’s portion of taxes on the new addition to the existing structure will not exceed $21,846 per year. Over the full ten year term, the total abatement will not exceed $218,460. Under this request, the proposed new Abatement term will also be a period of ten (10) years, commencing with taxes payable in 2023, through and including taxes payable in 2032. If this abatement is approved, in 2023, the County will pay both an abatement payment for the existing structure (Original Abatement of $12,645) as well as a payment for the County’s share of taxes for the proposed new abatement ($21,846). Starting in 2024, the Original Abatement amount will no longer be paid to Berry Pallets. The County’s Economic Development Authority will be making their recommendations regarding the proposed terms of the abatement prior to the October 6, 2020 County Board hearing on this matter. This abatement is being proposed for a project considered to be “economic development” and therefore meets the requirements regulating local Business Subsidies under Section 116J of the Minnesota Statutes. Pertinent information is on file at Waseca County Planning & Zoning. Persons wishing to make written comment may do so by mailing them to Waseca County, 300 North State Street, Waseca MN 56093, by email to [email protected] or by fax to (507) 837-5310. Mark Leiferman, Planning and Zoning Administrator, Waseca County

Published in the Waseca County News on Thursday, September 24, 2020.

October 6, 2020

October 6, 2020

Waseca County Board of Commissioners Request for Board Action

Set Public Hearing – Purchase and Use of a Drone

Meeting Date: 10/06/2020 Fiscal/FTE Impact: Item Type: Consent Action None Department: Waseca County Sheriff's Office Current budget Contact: Sheriff Brad J. Milbrath New FTE(s) Requested Contact Phone: 507-83-0510 Other Prepared by: Sheriff Brad J. Milbrath Amendment Requested

PURPOSE/ACTION REQUESTED Set a Public Hearing, per State Statute for the purchase and use of a Drone (UAV)

SUMMARY The Sheriff's Office, along with several other Waseca County Departments/Offices, have an opportunity to purchase a drone, or an unmanned aerial vehicle (UAV), as described by State Statute. A UAV would have a multitude of uses in the county system.

On the Law Enforcement side, a UAV is a very useful tool when it comes to search and rescue. An example of this would be when we had a missing person and the Sheriff's Office spent two hours looking for this individual. Once we had a UAV on scene, we were able to locate the person within 10 seconds. Other situations where a UAV would be useful for Law Enforcement would be for traffic investigations, pictures scenes, and serious crime scenes.

UAVs are used in protest events throughout the state to do surveillance on potential criminal activity happening during a protest.

Owning a UAV would be extremely beneficial in emergency situations where time is critical.

A UAV would be useful for Emergency Management to understand damages from a disaster whether it be a tornado, winds, or flooding.

This would also be useful for the Planning and Zoning Office for locating and taking pictures of sights. An example would be watershed damage where State funding is allocated for cleanup.

The County Highway Department would be able to utilize a UAV for road segments if they needed to have an aerial view of damages.

Statute 626.19 requires that a public hearing be held at a regularly scheduled commissioners meeting for individuals who may wish to comment either electronically, by mail, or in person to the governing body regarding the budget and purchase of a UAV.

The Sheriff's Office has a written policy and procedure for the use of an UAV as required by State Statute. This policy would need to be posted on the County’s website. The policy is the best practice policy that all Minnesota counties owning a UAV have in place.

Also a requirement by the State of Minnesota is that Law Enforcement shall submit, by January 15th of every calendar year, an “agency to data collection” form. This form lists the nine reasons UAV use is authorized under State Statute. Any activity outside of the nine listed uses requires a court order or a search warrant.

The Sheriff’s Office currently has a deputy who is licensed to operate a UAV, which is required for a government agency.

Attached: State Statute Policy Report form RECOMMENDATION Waseca County staff recommends that the Waseca County Board of Commissioner set a Public hearing on 10/20/2020 at 10:00 am which the next regular board meeting date.

EXPLANATION OF FISCAL/FTE IMPACTS The funding for the UAV purchase has been worked in cooperation with the County Administrator Michael Johnson and Recorder's Office Linda Karst, there is funding in the process compliance fund which falls under the 25-105-0006484 non capitalize inventory line item.

Insert Date

Supporting Documents: Previous Board Action(s): Attachment A: State Statute Resolution # Attachment B: Policy Attachment C: Report Form

RESOLUTION #

Waseca County Board of Commissioners

______By: ______, Board Chair ATTEST:

______Tamara J. Spooner Waseca County Auditor-Treasurer

Administrator’s Comments: Reviewed By (if required): Recommend Action County Attorney’s Office Do Not Recommend Action Risk Management Reviewed – No Recommendation Human Resources Reviewed – Information Only Information Technology Submitted at Commissioner Request Building and Grounds

County Administrator

Insert Date .

[626.19] USE OF UNMANNED AERIAL VEHICLES.

Subdivision 1.

Application; definitions.

(a) This section applies to unmanned aerial vehicle data collected, created, or maintained by a law enforcement agency and to law enforcement agencies that maintain, use, or plan to use an unmanned aerial vehicle in investigations, training, or in response to emergencies, incidents, and requests for service. Unmanned aerial vehicle data collected, created, or maintained by a government entity is classified under chapter 13.

(b) For purposes of this section, the following terms have the meanings given:

(1) "government entity" has the meaning given in section 13.02, subdivision 7a, except that it does not include a law enforcement agency;

(2) "law enforcement agency" has the meaning given in section 626.84, subdivision 1;

(3) "unmanned aerial vehicle" or "UAV" means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft; and

(4) "terrorist attack" means a crime that furthers terrorism as defined in section 609.714, subdivision 1.

Subd. 2.

Use of unmanned aerial vehicles limited.

Except as provided in subdivision 3, a law enforcement agency must not use a UAV without a search warrant issued under this chapter.

Subd. 3.

Authorized use.

A law enforcement agency may use a UAV:

(1) during or in the aftermath of an emergency situation that involves the risk of death or bodily harm to a person;

(2) over a public event where there is a heightened risk to the safety of participants or bystanders;

(3) to counter the risk of a terrorist attack by a specific individual or organization if the agency determines that credible intelligence indicates a risk;

(4) to prevent the loss of life and property in natural or man-made disasters and to facilitate operational planning, rescue, and recovery operations in the aftermath of these disasters;

(5) to conduct a threat assessment in anticipation of a specific event;

(6) to collect information from a public area if there is reasonable suspicion of criminal activity; (7) to collect information for crash reconstruction purposes after a serious or deadly collision occurring on a public road;

(8) over a public area for officer training or public relations purposes; and

(9) for purposes unrelated to law enforcement at the request of a government entity provided that the government entity makes the request in writing to the law enforcement agency and specifies the reason for the request and proposed period of use.

Subd. 4.

Limitations on use.

(a) A law enforcement agency using a UAV must comply with all Federal Aviation Administration requirements and guidelines.

(b) A law enforcement agency must not deploy a UAV with facial recognition or other biometric- matching technology unless expressly authorized by a warrant.

(c) A law enforcement agency must not equip a UAV with weapons.

(d) A law enforcement agency must not use a UAV to collect data on public protests or demonstrations unless expressly authorized by a warrant or an exception applies under subdivision 3.

Subd. 5.

Documentation required.

A law enforcement agency must document each use of a UAV, connect each deployment to a unique case number, provide a factual basis for the use of a UAV, and identify the applicable exception under subdivision 3 unless a warrant was obtained.

Subd. 6.

Data classification; retention.

(a) Data collected by a UAV are private data on individuals or nonpublic data, subject to the following:

(1) if the individual requests a copy of the recording, data on other individuals who do not consent to its release must be redacted from the copy;

(2) UAV data may be disclosed as necessary in an emergency situation under subdivision 3, clause (1);

(3) UAV data may be disclosed to the government entity making a request for UAV use under subdivision 3, clause (9);

(4) UAV data that are criminal investigative data are governed by section 13.82, subdivision 7; and

(5) UAV data that are not public data under other provisions of chapter 13 retain that classification.

(b) Section 13.04, subdivision 2, does not apply to data collected by a UAV. (c) Notwithstanding section 138.17, a law enforcement agency must delete data collected by a UAV as soon as possible, and in no event later than seven days after collection unless the data is part of an active criminal investigation.

Subd. 7.

Evidence.

Information obtained or collected by a law enforcement agency in violation of this section is not admissible as evidence in a criminal, administrative, or civil proceeding against the data subject.

Subd. 8.

Remedies.

In addition to any other remedies provided by law, including remedies available under chapter 13, an aggrieved party may bring a civil action against a law enforcement agency to prevent or remedy a violation of this section.

Subd. 9.

Public comment.

A law enforcement agency must provide an opportunity for public comment before it purchases or uses a UAV. At a minimum, the agency must accept public comments submitted electronically or by mail. The governing body with jurisdiction over the budget of a local law enforcement agency must provide an opportunity for public comment at a regularly scheduled meeting.

Subd. 10.

Written policies and procedures required.

Prior to the operation of a UAV, the chief officer of every state and local law enforcement agency that uses or proposes to use a UAV must establish and enforce a written policy governing its use, including requests for use from government entities. In developing and adopting the policy, the law enforcement agency must provide for public comment and input as described in subdivision 9. The written policy must be posted on the agency's website, if the agency has a website.

Subd. 11.

Notice; disclosure of warrant.

(a) Within a reasonable time but not later than 90 days after the court unseals a warrant under this subdivision, the issuing or denying judge shall cause to be served on the persons named in the warrant and the application an inventory that shall include notice of:

(1) the issuance of the warrant or application;

(2) the date of issuance and the period of authorized, approved, or disapproved collection of information, or the denial of the application; and

(3) whether information was or was not collected during the period. (b) A warrant authorizing collection of information with a UAV must direct that:

(1) the warrant be sealed for a period of 90 days or until the objective of the warrant has been accomplished, whichever is shorter; and

(2) the warrant be filed with the court administrator within ten days of the expiration of the warrant.

(c) The prosecutor may request that the warrant, supporting affidavits, and any order granting the request not be filed. An order must be issued granting the request in whole or in part if, from affidavits, sworn testimony, or other evidence, the court finds reasonable grounds exist to believe that filing the warrant may cause the search or a related search to be unsuccessful, create a substantial risk of injury to an innocent person, or severely hamper an ongoing investigation.

(d) The warrant must direct that, following the commencement of any criminal proceeding using evidence obtained in or as a result of the search, the supporting application or affidavit must be filed either immediately or at any other time as the court directs. Until the filing, the documents and materials ordered withheld from filing must be retained by the judge or the judge's designee.

Subd. 12.

Reporting.

(a) By January 15 of each year, each law enforcement agency that maintains or uses a UAV shall report to the commissioner of public safety the following information for the preceding calendar year:

(1) the number of times a UAV was deployed without a search warrant issued under this chapter, identifying the date of deployment and the authorized use of the UAV under subdivision 3; and

(2) the total cost of the agency's UAV program.

(b) By June 15 of each year, the commissioner of public safety shall compile the reports submitted to the commissioner under paragraph (a), organize the reports by law enforcement agency, submit the compiled report to the chairs and ranking minority members of the senate and house of representatives committees having jurisdiction over data practices and public safety, and make the compiled report public on the department's website.

(c) By January 15 of each year, a judge who has issued or denied approval of a warrant under this section that expired during the preceding year shall report to the state court administrator:

(1) that a warrant or extension was applied for;

(2) the type of warrant or extension applied for;

(3) whether the warrant or extension was granted as applied for, modified, or denied;

(4) the period of UAV use authorized by the warrant and the number and duration of any extensions of the warrant;

(5) the offense specified in the warrant or application or extension of a warrant; and

(6) the identity of the law enforcement agency making the application and the person authorizing the application. (d) By June 15 of each year, the state court administrator shall submit to the chairs and ranking minority members of the senate and house of representatives committees or divisions having jurisdiction over data practices and public safety and post on the supreme court's website a full and complete report concerning the number of applications for warrants authorizing or approving use of UAVs or disclosure of information from the use of UAVs under this section and the number of warrants and extensions granted or denied under this section during the preceding calendar year. The report must include a summary and analysis of the data required to be filed with the state court administrator under paragraph (c).

EFFECTIVE DATE.

This section is effective August 1, 2020, provided that the chief law enforcement officers shall adopt the written policy required under subdivision 10 no later than February 15, 2021.

Policy Waseca County Sheriff's Office 606 Waseca County SO Policy Manual

Unmanned Aerial System (UAS) Operations

606.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for the use of an unmanned aerial vehicle (UAV) and for the storage, retrieval and dissemination of images and data captured by the UAS. MN State Statute 626.19

606.1.1 DEFINITIONS Definitions related to this policy include: Unmanned Aerial Vehicle (UAV) - An unmanned aircraft of any type that is capable of sustaining directed flight, whether preprogrammed or remotely controlled (commonly referred to as an unmanned aerial vehicle (UAV)), and all of the supporting or attached systems designed for gathering information through imaging, recording or any other means.

606.2 POLICY Unmanned aerial Vehicles may be utilized to enhance the office’s mission of protecting lives and property when other means and resources are not available or are less effective. Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations.

606.3 PRIVACY The use of the UAV potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during UAV operations.

606.4 USE OF UAV Only authorized operators who have completed the required training shall be permitted to operate the UAV. Use of vision enhancement technology (e.g., thermal and other imaging equipment not generally available to the public) is permissible in viewing areas only where there is no protectable privacy interest or when in compliance with a search warrant or court order. In all other instances, legal counsel should be consulted. UAV operations should only be conducted during daylight hours and a UAV should not be flown over populated areas without FAA approval. 606.4 (1) A UAV maybe used without a warrant during the following times

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Unmanned Aerial System (UAS) Operations

1. During or in the aftermath of an emergency situation that involves the risk of death or bodily harm to a person 2. Over a public event where there is a heightened risk to the safety of participants or bystanders 3. To counter the risk of a terrorist attack by a specific individual or organization if the agency determines that credible intelligence indicates a risk 4. To prevent the loss of life and property in natural or man-,made disasters and to facilitate operational planning, rescue, and recovery operations in the aftermath of these disasters. 5. To conduct a threat assessment in anticipation of a specific event; 6. To collect information from a public area if there is a reasonable suspicion of criminal activity; 7. To collect information for crash reconstruction purposes after a serious or deadly collision occurring on a public road. 8. Over a public area for Deputy Training or public relations purposes and; 9. For purposes unrelated to law enforcement at the request of a government entity provided that the government entity makes the request in writing to the law enforcement agency and specifies the reason for the request and proposed period of use.

606.4 (2) Limitations; (a) a UAV must comply with all Federal Aviation Administration requirements and guidelines (b) must not deploy a UAV with facial recognition or other biometric matching technology unless expressly authorized by a warrant. (c) must not equip a UAV with weapons. (d) must not use a UAV to collect data on public protests or demonstrations unless expressly authorized by a warrant or other exceptions

606.5 PROHIBITED USE The UAS video surveillance equipment shall not be used: • To conduct random surveillance activities. • To target a person based solely on individual characteristics, such as, but not limited to race, ethnicity, national origin, religion, disability, gender or sexual orientation. • To harass, intimidate or discriminate against any individual or group. • To conduct personal business of any type. The UAV shall not be weaponized.

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Unmanned Aerial System (UAS) Operations

606.6 RETENTION OF UAV DATA Data collected by the UAS shall be retained as provided in the established records retention schedule.

606.7 DOCUMENTATION REQUIRED Each use of a UAV will be documented and each deployment attached to a case number unless used in accordance with policy 606.4 (1) use of a UAV

606.8 REPORTING By January 15th of each year the Waseca County Sheriff's Office will report to the Commissioner of Public Safety the following information for the preceding calender year. • The number of times the UAV was used without a Search Warrant Identifying the date of deployment and authorized use • Total cost of the UAV program

Copyright Lexipol, LLC 2020/08/30, All Rights Reserved. ***DRAFT*** Unmanned Aerial System (UAS) Operations - Published with permission by Waseca County Sheriff's Office 3 UAV Agency Data Collection Form Minnesota Statutes §626.19

Please fill out this form as completely as possible. Agency Information Name of Law Enforcement Agency Originating Agency Identifier (ORI)

UAV Program Data for Calendar Year

Calendar Year of Submission Cost of UAV Program for Calendar Year Number of Times UAVs Deployed Without Warrant

Uses of UAVs Without Warrant For each deployment of a UAV without a search warrant, provide the following on the second page of this form: • date of the deployment • statutory reason for the deployment

If you require space for additional entries, submit additional copies of this form.

The reasons for a UAV deployment without a search warrant allowed by statute are provided below: Reason Code Reason during or in the aftermath of an emergency situation that involves the risk of death or bodily 1 harm to a person 2 over a public event where there is a heightened risk to the safety of participants or bystanders to counter the risk of a terrorist attack by a specific individual or organization if the agency 3 determines that credible intelligence indicates a risk to prevent the loss of life and property in natural or man-made disasters and to facilitate 4 operational planning, rescue, and recovery operations in the aftermath of these disasters 5 to conduct a threat assessment in anticipation of a specific event 6 to collect information from a public area if there is reasonable suspicion of criminal activity to collect information for crash reconstruction purposes after a serious or deadly collision 7 occurring on a public road 8 over a public area for officer training or public relations purposes for purposes unrelated to law enforcement at the request of a government entity provided 9 that the government entity makes the request in writing to the law enforcement agency and specifies the reason for the request and proposed period of use

This form must be submitted to the BCA no later than January 15 of each calendar year.

MNJIS-F-5039 v1.00 (072920) Deployment Reason Deployment Reason Deployment Reason Deployment Reason # # # # Date Code Date Code Date Code Date Code

1 26 51 76

2 27 52 77

3 28 53 78

4 29 54 79

5 30 55 80

6 31 56 81

7 32 57 82

8 33 58 83

9 34 59 84

10 35 60 85

11 36 61 86

12 37 62 87

13 38 63 88

14 39 64 89

15 40 65 90

16 41 66 91

17 42 67 92

18 43 68 93

19 44 69 94

20 45 70 95

21 46 71 96

22 47 72 97

23 48 73 98

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MNJIS-F-5039 v1.00 (072920)

MINNESOTA DEPARTMENT OF PUBLIC SAFETY

Bureau of Criminal Apprehension 1430 Maryland Avenue East • Saint Paul, Minnesota 55106 Phone: 651.793.7000 • Fax: 651.793.7001 dps.mn.gov

Alcohol August 11, 2020 and Gambling Enforcement

Bureau of Criminal Apprehension To: Minnesota law enforcement agencies Driver Re: Minnesota Legislature Enacts New UAV Use Reporting Requirements and Vehicle Services The Minnesota Legislature has enacted new reporting requirements for agencies that Emergency use Unmanned Aerial Vehicles (UAV), also known as drones. Communication Networks Laws of Minnesota 2020, Chapter 82, section 5, subdivision 12a-b requires all law Homeland Security and enforcement agencies that maintain or use a UAV to report the following data by Emergency January 15 regarding the prior calendar year: Management

Minnesota State Patrol  The number of times a UAV was deployed without a search warrant.  The date of each deployment. Office of Communications  The authorized use for each deployment (see Laws of Minnesota 2020, Chapter

Office of 82, section 5, subdivision 3). Justice Programs  The total cost of the agency’s UAV program. Office of Pipeline Safety The BCA is required to compile and publish the data by June 15 of each year. Office of Traffic Safety The BCA developed a form for agencies to use to report the data that is required by State Fire statute. The form is attached. It is also available in BCA’s MNJIS Launch Pad Marshal training site under CJIS Documents.

If you have questions, contact BCA Legal Analyst David Anderson at [email protected].

Sincerely,

Drew Evans Superintendent

EQUAL OPPORTUNITY EMPLOYER

Waseca County Board of Commissioners Request for Board Action

Accepting Donation

Meeting Date: 10/06/2020 Fiscal/FTE Impact: Item Type: Consent Action None Department: Waseca County Sheriff's office Current budget Contact: Sheriff Milbrath New FTE(s) Requested Contact Phone: 507-835-0510 Other Prepared by: Sheriff Milbrath Amendment Requested

PURPOSE/ACTION REQUESTED Donation of money.

SUMMARY Kristine Sibilrud wishes to donate $60 to Waseca County Sheriff’s Office.

RECOMMENDATION Waseca County staff recommends that the Waseca County Board of Commissioner accept the donation under resolution 2020-34.

EXPLANATION OF FISCAL/FTE IMPACTS List here or list as None.

Supporting Documents: Previous Board Action(s): Attachment A: Resolution # Attachment B:

RESOLUTION #

Waseca County Board of Commissioners

______By: ______, Board Chair ATTEST:

______Tamara J. Spooner Waseca County Auditor-Treasurer

Administrator’s Comments: Reviewed By (if required): Recommend Action County Attorney’s Office Do Not Recommend Action Risk Management Reviewed – No Recommendation Human Resources Reviewed – Information Only Information Technology Submitted at Commissioner Request Building and Grounds

County Administrator

Insert Date Resolution 2020-34 Resolution Accepting Donations

WHEREAS, Minn. Stat. Sect. 465.03 allows counties to accept grants and donations of real or personal property for the benefit of its citizens in accordance with terms prescribed by the donor; and

WHEREAS, said donations must be accepted via resolution of the County Board of Commissioners by a two-thirds majority of its members; and

WHEREAS, the Board of Commissioners finds that it is appropriate to accept the donations offered;

NOW, THEREFORE, BE IT RESOLVED that the Waseca County Board of Commissioners accepts, with sincere appreciation, the following listed donations on behalf of its citizens:

Name of Donor Donation Donation Purpose Kristine Sibilrud $60 Supporting Law Enforcement

This resolution shall become effective upon its passage and without further publication

Dated this 06 day of October 2020.

WASECA COUNTY BOARD OF COMMISSIONERS

______Doug Christopherson Chairperson

ATTEST:

______Tamara Spooner Waseca County Auditor/Treasurer

Waseca County Board of Commissioners Request for Board Action

Authorization of CARES Act Funds to South Central EMS

Meeting Date: October 6, 2020 Fiscal/FTE Impact: Item Type: ☐ Consent ☐ Action ☐ None Department: Administration ☐ Current budget Contact: Johnson, Michael ☐ New FTE(s) Requested Contact Phone: (507) 835-0631 ☒ Other Prepared by: Johnson, Michael ☐ Amendment Requested Board Goals: Coronavirus Relief Funding

PURPOSE/ACTION REQUESTED Authorize the expenditure of $5,000 of CARES Act Coronavirus Relief Funds to South Central EMS to offset costs incurred due to the COVID-19 pandemic. SUMMARY In late June, Governor Walz announced a plan to distribute $841 million to Minnesota counties, cities, and towns to support local government coronavirus relief efforts. The funding was authorized under the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act. The CARES Act established the Coronavirus Relief Fund (CRF) and appropriated $150 billion in funding to States, Local Governments and Tribes. The CARES Act requires that the payments from the funds be used only to cover expenses incurred in response to the COVID-19 pandemic.

Waseca County is a member of a Joint Powers Agreement that established the South Central EMS System and has supported them with by appropriations in previous years. Due to the COVID-19 pandemic, much of South Central EMS staff time has been used to address response action items specific to COVID-19. Additional consideration has been given to coordination of emergency service, and much cost has been realized for purchase of personal protective equipment and cleaning materials. In addition, South Central EMS has had to adapt their training protocols and process to allow for social distancing protocols.

The Joint Powers Board of Directors voted unanimously to request that home county members contribute $5,000 of Coronavirus Relief Funds to offset some of the unexpected budgetary costs that South Central EMS has encountered due to COVID-19.

RECOMMENDATION Waseca County staff recommends that the Waseca County Board of Commissioners approve adoption of Resolution 2020-38 to authorize $5,000 of Coronavirus Relief Funds to be issued to South Central EMS. EXPLANATION OF FISCAL/FTE IMPACTS $5,000 of Coronavirus Relief Funds received by Waseca County. Non-budgetary.

RESOLUTION 2020-38 Waseca County Coronavirus Relief Fund Expense Allocation to South Central EMS

WHEREAS, the COVID-19 Pandemic requires additional relief for small business and non-profits; and WHEREAS, the Treasury's Coronavirus Relief Fund ("Fund") Guidance for State, Territorial, Local and Tribal Governments, dated September 2, 2020, ("Guidance"); and WHEREAS, amounts paid from the Fund must be used for necessary expenditures due to the public health emergency; and are subject to the restrictions outlined in the Guidance and set forth in section 601(d) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act"); and WHEREAS, Coronavirus Relief Funds were requested and received by Waseca County in the amount of $2,272,501; and WHEREAS, the Waseca County Board of Commissioners has expressed a desire to support local small business and non-profits; and WHEREAS, grant programs for business and non-profits is an eligible use of CARES fund dollars according to 601(d) of the Social Security Act, Section 5001; and WHEREAS, the Waseca County Board of Commissioners has deemed this a necessary expenditure due to the COVID-19 pandemic; and WHEREAS, per current US Treasury guidelines dated September 2, 2020, the County is responsible for repayment of any unused funds as of December 1, 2020.

NOW, THEREFORE, BE IT RESOLVED that the Waseca County Board of Commissioners authorizes $5,000 of CARES fund dollars, to be issued to South Central EMS Services in the form of “local government assistance” ;and

BE IT FURTHER RESOLVED that the Waseca County Board of Commissioners requires deviations to this plan in substantial form to be brought back for reconsideration; and

BE IT FURTHER RESOLVED that the Waseca County Board of Commissioner has final discretionary authority on approval of all disbursements made with Coronavirus Relief Funds.

Dated this 6th day of October, 2020. Waseca County Board of Commissioners ______By: ______, Board Chair ATTEST:

______Tamara J. Spooner Waseca County Auditor-Treasurer

Waseca County Board of Commissioners Request for Board Action

Authorization of CARES Act Funds to Small Business and NPO Grant Applicants

Meeting Date: October 6, 2020 Fiscal/FTE Impact: Item Type: ☐ Consent ☐ Action ☐ None Department: Administration ☐ Current budget Contact: Johnson, Michael ☐ New FTE(s) Requested Contact Phone: (507) 835-0631 ☒ Other Prepared by: Johnson, Michael ☐ Amendment Requested Board Goals: Coronavirus Relief Funding

PURPOSE/ACTION REQUESTED Approval of 31 grant applicants for the Waseca County Small Business and Non Profit Grant Program.

SUMMARY In late June, Governor Walz announced a plan to distribute $841 million to Minnesota counties, cities, and towns to support local government coronavirus relief efforts. The funding was authorized under the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act. The CARES Act established the Coronavirus Relief Fund (CRF) and appropriated $150 billion in funding to States, Local Governments and Tribes. The CARES Act requires that the payments from the funds be used only to cover expenses incurred in response to the COVID-19 pandemic.

The Waseca County Board of Commissioners approved the Coronavirus Relief Fund Allocation Plan on August 4, 2020, by Resolution 2020-27. On July 31, 2020, the Waseca County Board issued Resolution 2020-26 to approve the Small Business and Non Profit Grant Program.

31 applicants to the program are being considered for funding in the amount of $ 99,500.

RECOMMENDATION Waseca County staff recommends that the Waseca County Board of Commissioners approve funding of 31 grant applications. EXPLANATION OF FISCAL/FTE IMPACTS $99,500 of Coronavirus Relief Funds received by Waseca County. Non-budgetary.

9/21/2020 Waseca Area Chamber of Commerce 210 N State St, Waseca, MN 56093

Waseca County c/o Michael Johnson County Administrator

Dear Mr. Johnson, The Waseca Area Chamber of Commerce received an application for the Waseca County COVID-19 Small Business and Non-Profit Relief Grant Program from Harguth Elk Farm. They have sufficiently met the requirements and are an eligible organization. Based upon the program guidelines of FTE’s determining the award amount, they are eligible for $3,000. We recommend they receive $3,000 in grant funds. Funds can be delivered to the address listed below. A digital file of the application for Harguth Elk Farm will be delivered to Waseca County upon completion for the Grant Program.

Thank you, Ann Fitch Executive Director

CC Harguth Elk Farm 32674 Hwy 13 Waseca, MN 56093

[Type here] 9/28/2020 Waseca Area Chamber of Commerce 210 N State St, Waseca, MN 56093

Waseca County c/o Michael Johnson County Administrator

Dear Mr. Johnson, The Waseca Area Chamber of Commerce received an application for the Waseca County COVID-19 Small Business and Non-Profit Relief Grant Program from Greg A Jacobson Construction LLC. They have sufficiently met the requirements and are an eligible organization. Based upon the program guidelines of FTE’s determining the award amount, they are eligible for $3,000. We recommend they receive $3,000 in grant funds. Funds can be delivered to the address listed below. A digital file of the application for Greg Jacobson A Construction LLC will be delivered to Waseca County upon completion for the Grant Program.

Thank you, Ann Fitch Executive Director

CC Greg A Jacobson Construction LLC 12195 325th Ave Waseca, MN 56093

[Type here] 9/28/2020 Waseca Area Chamber of Commerce 210 N State St, Waseca, MN 56093

Waseca County c/o Michael Johnson County Administrator

Dear Mr. Johnson, The Waseca Area Chamber of Commerce received an application for the Waseca County COVID-19 Small Business and Non-Profit Relief Grant Program from Jacobson Properties. They have sufficiently met the requirements and are an eligible organization. Based upon the program guidelines of FTE’s determining the award amount, they are eligible for $3,000. We recommend they receive $3,000 in grant funds. Funds can be delivered to the address listed below. A digital file of the application for Jacobson Properties will be delivered to Waseca County upon completion for the Grant Program.

Thank you, Ann Fitch Executive Director

CC Jacobson Properties 12195 325th Ave Waseca, MN 56093

[Type here] 9/28/2020 Waseca Area Chamber of Commerce 210 N State St, Waseca, MN 56093

Waseca County c/o Michael Johnson County Administrator

Dear Mr. Johnson, The Waseca Area Chamber of Commerce received an application for the Waseca County COVID-19 Small Business and Non-Profit Relief Grant Program from Janesville Bowl. They have sufficiently met the requirements and are an eligible organization. Based upon the program guidelines of FTE’s determining the award amount, they are eligible for $3,000. We recommend they receive $3,000 in grant funds. Funds can be delivered to the address listed below. A digital file of the application for Janesville Bowl will be delivered to Waseca County upon completion for the Grant Program.

Thank you, Ann Fitch Executive Director

CC Janesville Bowl 307 N Main St Janesville, MN 56048

[Type here] 9/21/2020 Waseca Area Chamber of Commerce 210 N State St, Waseca, MN 56093

Waseca County c/o Michael Johnson County Administrator

Dear Mr. Johnson, The Waseca Area Chamber of Commerce received an application for the Waseca County COVID-19 Small Business and Non-Profit Relief Grant Program from Jewison Construction. They have sufficiently met the requirements and are an eligible organization. Based upon the program guidelines of FTE’s determining the award amount, they are eligible for $3,000. We recommend they receive $3,000 in grant funds. Funds can be delivered to the address listed below. A digital file of the application for Jewison Construction will be delivered to Waseca County upon completion for the Grant Program.

Thank you, Ann Fitch Executive Director

CC Jewison Construction 2159 200th Ave Wells, MN 56097

[Type here] 9/28/2020 Waseca Area Chamber of Commerce 210 N State St, Waseca, MN 56093

Waseca County c/o Michael Johnson County Administrator

Dear Mr. Johnson, The Waseca Area Chamber of Commerce received an application for the Waseca County COVID-19 Small Business and Non-Profit Relief Grant Program from Krause Pork LLC. They have sufficiently met the requirements and are an eligible organization. Based upon the program guidelines of FTE’s determining the award amount, they are eligible for $3,000. We recommend they receive $3,000 in grant funds. Funds can be delivered to the address listed below. A digital file of the application for Krause Pork LLC will be delivered to Waseca County upon completion for the Grant Program.

Thank you, Ann Fitch Executive Director

CC Krause Pork LLC 9499 Wilton Bridge Road Waseca, MN 56093

[Type here] 9/28/2020 Waseca Area Chamber of Commerce 210 N State St, Waseca, MN 56093

Waseca County c/o Michael Johnson County Administrator

Dear Mr. Johnson, The Waseca Area Chamber of Commerce received an application for the Waseca County COVID-19 Small Business and Non-Profit Relief Grant Program from Megan’s on Lola. They have sufficiently met the requirements and are an eligible organization. Based upon the program guidelines of FTE’s determining the award amount, they are eligible for $3,000. We recommend they receive $3,000 in grant funds. Funds can be delivered to the address listed below. A digital file of the application for Megan’s on Lola will be delivered to Waseca County upon completion for the Grant Program.

Thank you, Ann Fitch Executive Director

CC Megan Malecha 14671 Lola Ave Waseca, MN 56093

[Type here] 9/21/2020 Waseca Area Chamber of Commerce 210 N State St, Waseca, MN 56093

Waseca County c/o Michael Johnson County Administrator

Dear Mr. Johnson, The Waseca Area Chamber of Commerce received an application for the Waseca County COVID-19 Small Business and Non-Profit Relief Grant Program from Merril Dahle. They have sufficiently met the requirements and are an eligible organization. Based upon the program guidelines of FTE’s determining the award amount, they are eligible for $3,000. We recommend they receive $3,000 in grant funds. Funds can be delivered to the address listed below. A digital file of the application for Merril Dahle will be delivered to Waseca County upon completion for the Grant Program.

Thank you, Ann Fitch Executive Director

CC Merril Dahle 15429 390th Ave Waseca, MN 56093

[Type here] 9/21/2020 Waseca Area Chamber of Commerce 210 N State St, Waseca, MN 56093

Waseca County c/o Michael Johnson County Administrator

Dear Mr. Johnson, The Waseca Area Chamber of Commerce received an application for the Waseca County COVID-19 Small Business and Non-Profit Relief Grant Program from Dean Grubstad dba Red Leaf Cafe. They have sufficiently met the requirements and are an eligible organization. Based upon the program guidelines of FTE’s determining the award amount, they are eligible for $3,000. We recommend they receive $3,000 in grant funds. Funds can be delivered to the address listed below. A digital file of the application for Dean Grubstad dba Red Leaf Cafe will be delivered to Waseca County upon completion for the Grant Program.

Thank you, Ann Fitch Executive Director

CC Dean Grubstad 104 Broadway Ave S Richland, MN 56072

[Type here] 9/21/2020 Waseca Area Chamber of Commerce 210 N State St, Waseca, MN 56093

Waseca County c/o Michael Johnson County Administrator

Dear Mr. Johnson, The Waseca Area Chamber of Commerce received an application for the Waseca County COVID-19 Small Business and Non-Profit Relief Grant Program from RL Zimmerman Consulting and Design. They have sufficiently met the requirements and are an eligible organization. Based upon the program guidelines of FTE’s determining the award amount, they are eligible for $3,000. We recommend they receive $3,000 in grant funds. Funds can be delivered to the address listed below. A digital file of the application for RL Zimmerman Consulting and Design will be delivered to Waseca County upon completion for the Grant Program.

Thank you, Ann Fitch Executive Director

CC Randy Zimmerman 36380 Clear Lake Dr Waseca, MN 56093

[Type here] 9/21/2020 Waseca Area Chamber of Commerce 210 N State St, Waseca, MN 56093

Waseca County c/o Michael Johnson County Administrator

Dear Mr. Johnson, The Waseca Area Chamber of Commerce received an application for the Waseca County COVID-19 Small Business and Non-Profit Relief Grant Program from Todd Selvik. They have sufficiently met the requirements and are an eligible organization. Based upon the program guidelines of FTE’s determining the award amount, they are eligible for $4,000. We recommend they receive $4,000 in grant funds. Funds can be delivered to the address listed below. A digital file of the application for Todd Selvik will be delivered to Waseca County upon completion for the Grant Program.

Thank you, Ann Fitch Executive Director

CC Todd Selvik 41198 150th Ave Waseca, MN 56093

[Type here] 9/21/2020 Waseca Area Chamber of Commerce 210 N State St, Waseca, MN 56093

Waseca County c/o Michael Johnson County Administrator

Dear Mr. Johnson, The Waseca Area Chamber of Commerce received an application for the Waseca County COVID-19 Small Business and Non-Profit Relief Grant Program from Wingspan. They have sufficiently met the requirements and are an eligible organization. Based upon the program guidelines of FTE’s determining the award amount, they are eligible for $8,000. We recommend they receive $8,000 in grant funds. Funds can be delivered to the address listed below. A digital file of the application for Wingspan will be delivered to Waseca County upon completion for the Grant Program.

Thank you, Ann Fitch Executive Director

CC Wingspan 41198 150th Ave Waseca, MN 56093

[Type here] 9/20/2020 Waseca Area Chamber of Commerce 210 N State St, Waseca, MN 56093

Waseca County c/o Michael Johnson County Administrator

City of Waseca c/o Lee Mattson City Manager

Dear Mr. Johnson and Mr. Mattson, The Waseca Area Chamber of Commerce received an application for the Waseca County COVID-19 Small Business and Non-Profit Relief Grant Program from Emily Vought. They have sufficiently met the requirements and are an eligible organization. Based upon the program guidelines of FTE’s determining the award amount, they are eligible for $3,000. We recommend they receive $3,000 in grant funds. This organization is located within the City of Waseca; the City of Waseca has agreed to participate at 50% of the granted amount. The City of Waseca will grant $1,500 and Waseca County will grant $1,500. Funds can be delivered to the address listed below. A digital file of the application for Emily Vought will be delivered to Waseca County and the City of Waseca upon completion for the Grant Program.

Thank you, Ann Fitch Executive Director

CC Emily Vought 204 8th St Ne Waseca, MN 56093

[Type here] 9/20/2020 Waseca Area Chamber of Commerce 210 N State St, Waseca, MN 56093

Waseca County c/o Michael Johnson County Administrator

City of Waseca c/o Lee Mattson City Manager

Dear Mr. Johnson and Mr. Mattson, The Waseca Area Chamber of Commerce received an application for the Waseca County COVID-19 Small Business and Non-Profit Relief Grant Program from Grace Lutheran Church and Grace Garden. They have sufficiently met the requirements and are an eligible organization. Based upon the program guidelines of FTE’s determining the award amount, they are eligible for $9,000. We recommend they receive $9,000 in grant funds. This organization is located within the City of Waseca; the City of Waseca has agreed to participate at 50% of the granted amount. The City of Waseca will grant $4,500 and Waseca County will grant $4,500. Funds can be delivered to the address listed below. A digital file of the application for Grace Lutheran Church and Grace Garden will be delivered to Waseca County and the City of Waseca upon completion for the Grant Program.

Thank you, Ann Fitch Executive Director

CC Grace Lutheran Church 300 Elm Ave E Waseca, MN 56093

[Type here] 9/28/2020 Waseca Area Chamber of Commerce 210 N State St, Waseca, MN 56093

Waseca County c/o Michael Johnson County Administrator

City of Waseca c/o Lee Mattson City Manager

Dear Mr. Johnson and Mr. Mattson, The Waseca Area Chamber of Commerce received an application for the Waseca County COVID-19 Small Business and Non-Profit Relief Grant Program from KAMP Automation. They have sufficiently met the requirements and are an eligible organization. Based upon the program guidelines of FTE’s determining the award amount, they are eligible for $15,000. We recommend they receive $15,000 in grant funds. This organization is located within the City of Waseca; the City of Waseca has agreed to participate at 50% of the granted amount. The City of Waseca will grant $7,500 and Waseca County will grant $7,500. Funds can be delivered to the address listed below. A digital file of the application for KAMP Automation will be delivered to Waseca County and the City of Waseca upon completion for the Grant Program.

Thank you, Ann Fitch Executive Director

CC KAMP Automation 280 University Dr Waseca, MN 56093

[Type here] 9/20/2020 Waseca Area Chamber of Commerce 210 N State St, Waseca, MN 56093

Waseca County c/o Michael Johnson County Administrator

City of Waseca c/o Lee Mattson City Manager

Dear Mr. Johnson and Mr. Mattson, The Waseca Area Chamber of Commerce received an application for the Waseca County COVID-19 Small Business and Non-Profit Relief Grant Program from Kim Kewatt. They have sufficiently met the requirements and are an eligible organization. Based upon the program guidelines of FTE’s determining the award amount, they are eligible for $3,000. We recommend they receive $3,000 in grant funds. This organization is located within the City of Waseca; the City of Waseca has agreed to participate at 50% of the granted amount. The City of Waseca will grant $1,500 and Waseca County will grant $1,500. Funds can be delivered to the address listed below. A digital file of the application for Kim Kewatt will be delivered to Waseca County and the City of Waseca upon completion for the Grant Program.

Thank you, Ann Fitch Executive Director

CC Kim Kewatt 109 S State S Waseca, MN 56093

[Type here] 9/28//2020 Waseca Area Chamber of Commerce 210 N State St, Waseca, MN 56093

Waseca County c/o Michael Johnson County Administrator

City of Waseca c/o Lee Mattson City Manager

Dear Mr. Johnson and Mr. Mattson, The Waseca Area Chamber of Commerce received an application for the Waseca County COVID-19 Small Business and Non-Profit Relief Grant Program from Makayla Rae Photography. They have sufficiently met the requirements and are an eligible organization. Based upon the program guidelines of FTE’s determining the award amount, they are eligible for $3,000. We recommend they receive $3,000 in grant funds. This organization is located within the City of Waseca; the City of Waseca has agreed to participate at 50% of the granted amount. The City of Waseca will grant $1,500 and Waseca County will grant $1,500. Funds can be delivered to the address listed below. A digital file of the application for Makayla Rae Photography will be delivered to Waseca County and the City of Waseca upon completion for the Grant Program.

Thank you, Ann Fitch Executive Director

CC Makayla Selvik 39695 158th St Waseca, MN 56093

[Type here] 9/20/2020 Waseca Area Chamber of Commerce 210 N State St, Waseca, MN 56093

Waseca County c/o Michael Johnson County Administrator

City of Waseca c/o Lee Mattson City Manager

Dear Mr. Johnson and Mr. Mattson, The Waseca Area Chamber of Commerce received an application for the Waseca County COVID-19 Small Business and Non-Profit Relief Grant Program from Marla Westphal. They have sufficiently met the requirements and are an eligible organization. Based upon the program guidelines of FTE’s determining the award amount, they are eligible for $3,000. We recommend they receive $3,000 in grant funds. This organization is located within the City of Waseca; the City of Waseca has agreed to participate at 50% of the granted amount. The City of Waseca will grant $1,500 and Waseca County will grant $1,500. Funds can be delivered to the address listed below. A digital file of the application for Marla Westphal will be delivered to Waseca County and the City of Waseca upon completion for the Grant Program.

Thank you, Ann Fitch Executive Director

CC Marla Westphal 1260 N State St Waseca, MN 56093

[Type here] 9/20/2020 Waseca Area Chamber of Commerce 210 N State St, Waseca, MN 56093

Waseca County c/o Michael Johnson County Administrator

City of Waseca c/o Lee Mattson City Manager

Dear Mr. Johnson and Mr. Mattson, The Waseca Area Chamber of Commerce received an application for the Waseca County COVID-19 Small Business and Non-Profit Relief Grant Program from Pam’s Therapeutic Massage. They have sufficiently met the requirements and are an eligible organization. Based upon the program guidelines of FTE’s determining the award amount, they are eligible for $3,000. We recommend they receive $3,000 in grant funds. This organization is located within the City of Waseca; the City of Waseca has agreed to participate at 50% of the granted amount. The City of Waseca will grant $1,500 and Waseca County will grant $1,500. Funds can be delivered to the address listed below. A digital file of the application for Pam’s Therapeutic Massage will be delivered to Waseca County and the City of Waseca upon completion for the Grant Program.

Thank you, Ann Fitch Executive Director

CC Pam’s Therapeutic Massage 609 9th Ave Ne Waseca, MN 56093

[Type here] 9/20/2020 Waseca Area Chamber of Commerce 210 N State St, Waseca, MN 56093

Waseca County c/o Michael Johnson County Administrator

City of Waseca c/o Lee Mattson City Manager

Dear Mr. Johnson and Mr. Mattson, The Waseca Area Chamber of Commerce received an application for the Waseca County COVID-19 Small Business and Non-Profit Relief Grant Program from Stacey Larson. They have sufficiently met the requirements and are an eligible organization. Based upon the program guidelines of FTE’s determining the award amount, they are eligible for $3,000. We recommend they receive $3,000 in grant funds. This organization is located within the City of Waseca; the City of Waseca has agreed to participate at 50% of the granted amount. The City of Waseca will grant $1,500 and Waseca County will grant $1,500. Funds can be delivered to the address listed below. A digital file of the application for Stacey Larson will be delivered to Waseca County and the City of Waseca upon completion for the Grant Program.

Thank you, Ann Fitch Executive Director

CC Stacey Larson 1260 N State St Waseca, MN 56093

[Type here] 9/14/2020 Waseca Area Chamber of Commerce 210 N State St, Waseca, MN 56093

Waseca County c/o Michael Johnson County Administrator

City of Waseca c/o Lee Mattson City Manager

Dear Mr. Johnson and Mr. Mattson, The Waseca Area Chamber of Commerce received an application for the Waseca County COVID-19 Small Business and Non-Profit Relief Grant Program from Waseca Community Arena. They have sufficiently met the requirements and are an eligible organization. Based upon the program guidelines of FTE’s determining the award amount, they are eligible for $3,000. We recommend they receive $3,000 in grant funds. This organization is located within the City of Waseca; the City of Waseca has agreed to participate at 50% of the granted amount. The City of Waseca will grant $1,500 and Waseca County will grant $1,500. Funds can be delivered to the address listed below. A digital file of the application for Waseca Community Arena will be delivered to Waseca County and the City of Waseca upon completion for the Grant Program.

Thank you, Ann Fitch Executive Director

CC Waseca Community Arena 1501 2nd St NW Waseca, MN 56093

[Type here] 9/28/2020 Waseca Area Chamber of Commerce 210 N State St, Waseca, MN 56093

Waseca County c/o Michael Johnson County Administrator

City of Waseca c/o Lee Mattson City Manager

Dear Mr. Johnson and Mr. Mattson, The Waseca Area Chamber of Commerce received an application for the Waseca County COVID-19 Small Business and Non-Profit Relief Grant Program from Waseca County Historical Society. They have sufficiently met the requirements and are an eligible organization. Based upon the program guidelines of FTE’s determining the award amount, they are eligible for $4,000. We recommend they receive $4,000 in grant funds. This organization is located within the City of Waseca; the City of Waseca has agreed to participate at 50% of the granted amount. The City of Waseca will grant $2,000 and Waseca County will grant $2,000. Funds can be delivered to the address listed below. A digital file of the application for Waseca County Historical Society will be delivered to Waseca County and the City of Waseca upon completion for the Grant Program.

Thank you, Ann Fitch Executive Director

CC Waseca County Historical Society 315 2nd Ave Ne Waseca, MN 56093

[Type here] 9/28/2020 Waseca Area Chamber of Commerce 210 N State St, Waseca, MN 56093

Waseca County c/o Michael Johnson County Administrator

City of Waseca c/o Lee Mattson City Manager

Dear Mr. Johnson and Mr. Mattson, The Waseca Area Chamber of Commerce received an application for the Waseca County COVID-19 Small Business and Non-Profit Relief Grant Program from Waseca Family Dentistry. They have sufficiently met the requirements and are an eligible organization. Based upon the program guidelines of FTE’s determining the award amount, they are eligible for $9,000. We recommend they receive $9,000 in grant funds. This organization is located within the City of Waseca; the City of Waseca has agreed to participate at 50% of the granted amount. The City of Waseca will grant $4,500 and Waseca County will grant $4,500. Funds can be delivered to the address listed below. A digital file of the application for Waseca Family Dentistry will be delivered to Waseca County and the City of Waseca upon completion for the Grant Program.

Thank you, Ann Fitch Executive Director

CC Waseca Family Dentistry 118 N State St Waseca, MN 56093

[Type here] 9/20/2020 Waseca Area Chamber of Commerce 210 N State St, Waseca, MN 56093

Waseca County c/o Michael Johnson County Administrator

City of Waseca c/o Lee Mattson City Manager

Dear Mr. Johnson and Mr. Mattson, The Waseca Area Chamber of Commerce received an application for the Waseca County COVID-19 Small Business and Non-Profit Relief Grant Program from Waseca County Free Fair. They have sufficiently met the requirements and are an eligible organization. Based upon the program guidelines of FTE’s determining the award amount, they are eligible for $3,000. We recommend they receive $3,000 in grant funds. This organization is located within the City of Waseca; the City of Waseca has agreed to participate at 50% of the granted amount. The City of Waseca will grant $1,500 and Waseca County will grant $1,500. Funds can be delivered to the address listed below. A digital file of the application for Waseca County Free Fair will be delivered to Waseca County and the City of Waseca upon completion for the Grant Program.

Thank you, Ann Fitch Executive Director

CC Waseca County Free Fair PO Box 227 Waseca, MN 56093

[Type here] 9/21/2020 Waseca Area Chamber of Commerce 210 N State St, Waseca, MN 56093

Waseca County c/o Michael Johnson County Administrator

Dear Mr. Johnson, The Waseca Area Chamber of Commerce received an application for the Waseca County COVID-19 Small Business and Non-Profit Relief Grant Program from Airwave Solution. They have sufficiently met the requirements and are an eligible organization. Based upon the program guidelines of FTE’s determining the award amount, they are eligible for $6,000. We recommend they receive $6,000 in grant funds. Funds can be delivered to the address listed below. A digital file of the application for Airwave Solutions will be delivered to Waseca County upon completion for the Grant Program.

Thank you, Ann Fitch Executive Director

CC Airwave Solutions 14040 Hwy 30 New Richland, MN 56072

[Type here] 9/14/2020 Waseca Area Chamber of Commerce 210 N State St, Waseca, MN 56093

Waseca County c/o Michael Johnson County Administrator

Dear Mr. Johnson, The Waseca Area Chamber of Commerce received an application for the Waseca County COVID-19 Small Business and Non-Profit Relief Grant Program from Affordable Lawn Care Inc. They have sufficiently met the requirements and are an eligible organization. Based upon the program guidelines of FTE’s determining the award amount, they are eligible for $6,000. We recommend they receive $6,000 in grant funds. Funds can be delivered to the address listed below. A digital file of the application for Affordable Lawn Care Inc will be delivered to Waseca County and the City of Waseca upon completion for the Grant Program.

Thank you, Ann Fitch Executive Director

CC Affordable Lawn Care Inc 11690 375th Ave Waseca, MN 56093

[Type here] 9/21/2020 Waseca Area Chamber of Commerce 210 N State St, Waseca, MN 56093

Waseca County c/o Michael Johnson County Administrator

Dear Mr. Johnson, The Waseca Area Chamber of Commerce received an application for the Waseca County COVID-19 Small Business and Non-Profit Relief Grant Program from Androli Ag. They have sufficiently met the requirements and are an eligible organization. Based upon the program guidelines of FTE’s determining the award amount, they are eligible for $3,000. We recommend they receive $3,000 in grant funds. Funds can be delivered to the address listed below. A digital file of the application for Androli Ag will be delivered to Waseca County upon completion for the Grant Program.

Thank you, Ann Fitch Executive Director

CC Androli Ag 8912 415th Ave Janseville, MN 560448

[Type here] 9/28/2020 Waseca Area Chamber of Commerce 210 N State St, Waseca, MN 56093

Waseca County c/o Michael Johnson County Administrator

Dear Mr. Johnson, The Waseca Area Chamber of Commerce received an application for the Waseca County COVID-19 Small Business and Non-Profit Relief Grant Program from Clint Selvik Farms. They have sufficiently met the requirements and are an eligible organization. Based upon the program guidelines of FTE’s determining the award amount, they are eligible for $3,000. We recommend they receive $3,000 in grant funds. Funds can be delivered to the address listed below. A digital file of the application for Clint Selvik Farms will be delivered to Waseca County upon completion for the Grant Program.

Thank you, Ann Fitch Executive Director

CC Clint Selvik 39695 158th St Waseca, MN 56093

[Type here] 9/21/2020 Waseca Area Chamber of Commerce 210 N State St, Waseca, MN 56093

Waseca County c/o Michael Johnson County Administrator

Dear Mr. Johnson, The Waseca Area Chamber of Commerce received an application for the Waseca County COVID-19 Small Business and Non-Profit Relief Grant Program from Dahle Trucking. They have sufficiently met the requirements and are an eligible organization. Based upon the program guidelines of FTE’s determining the award amount, they are eligible for $3,000. We recommend they receive $3,000 in grant funds. Funds can be delivered to the address listed below. A digital file of the application for Dahle Trucking will be delivered to Waseca County upon completion for the Grant Program.

Thank you, Ann Fitch Executive Director

CC Dahle Trucking 15429 390th Ave Waseca, MN 56093

[Type here] 9/28/2020 Waseca Area Chamber of Commerce 210 N State St, Waseca, MN 56093

Waseca County c/o Michael Johnson County Administrator

Dear Mr. Johnson, The Waseca Area Chamber of Commerce received an application for the Waseca County COVID-19 Small Business and Non-Profit Relief Grant Program from Daydream Vacations by Jan. They have sufficiently met the requirements and are an eligible organization. Based upon the program guidelines of FTE’s determining the award amount, they are eligible for $3,000. We recommend they receive $3,000 in grant funds. Funds can be delivered to the address listed below. A digital file of the application for Daydream Vacations by Jan will be delivered to Waseca County upon completion for the Grant Program.

Thank you, Ann Fitch Executive Director

CC Jan Tesch 5225 260th Ave Waldorf, MN 56091

[Type here] 9/28/2020 Waseca Area Chamber of Commerce 210 N State St, Waseca, MN 56093

Waseca County c/o Michael Johnson County Administrator

Dear Mr. Johnson, The Waseca Area Chamber of Commerce received an application for the Waseca County COVID-19 Small Business and Non-Profit Relief Grant Program from Hannah Herold. They have sufficiently met the requirements and are an eligible organization. Based upon the program guidelines of FTE’s determining the award amount, they are eligible for $3,000. We recommend they receive $3,000 in grant funds. Funds can be delivered to the address listed below. A digital file of the application for Hannah Herold will be delivered to Waseca County upon completion for the Grant Program.

Thank you, Ann Fitch Executive Director

CC Hannah Herold 9649 240th Ave New Richland, MN 56072

[Type here]

Waseca County Board of Commissioners Request for Board Action

Authorization of CARES Act Funds to MN Prairie for Community Resilience Program

Meeting Date: October 6, 2020 Fiscal/FTE Impact: Item Type: ☐ Consent ☐ Action ☐ None Department: Administration ☐ Current budget Contact: Johnson, Michael ☐ New FTE(s) Requested Contact Phone: (507) 835-0631 ☒ Other Prepared by: Johnson, Michael ☐ Amendment Requested Board Goals: Coronavirus Relief Funding

PURPOSE/ACTION REQUESTED Authorize the expenditure of $50,000 of CARES Act Coronavirus Relief Funds to MN Prairie for facilitation of the Community Resilience Program as authorized by Resolution 2020-27. SUMMARY In late June, Governor Walz announced a plan to distribute $841 million to Minnesota counties, cities, and towns to support local government coronavirus relief efforts. The funding was authorized under the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act. The CARES Act established the Coronavirus Relief Fund (CRF) and appropriated $150 billion in funding to States, Local Governments and Tribes. The CARES Act requires that the payments from the funds be used only to cover expenses incurred in response to the COVID-19 pandemic.

On August 4, 2020, the Waseca County Board of Commissioners approved the Coronavirus Relief Fund Allocation Plan by Resolution 2020-27. A category within this allocation plan was for community resilience, which seeks to assist Waseca County residents with income assistance for housing, transportation, utilities and more. There are several eligibility factors that are considered and required in order to qualify for this assistance (see Attachment A). MN Prairie has an existing consolidated fund that would work seamlessly to facilitate this program. MN Prairie is the Health and Human Services authority for Waseca County.

RECOMMENDATION Waseca County staff recommends that the Waseca County Board of Commissioners approve adoption of Resolution 2020-39 to authorize $50,000 of Coronavirus Relief Funds to be issued to MN Prairie for the express purpose of the Community Resilience Program. EXPLANATION OF FISCAL/FTE IMPACTS $50,000 of Coronavirus Relief Funds received by Waseca County. Non-budgetary.

Attachment A: Community Resilience Policy Attachment B: Community Resilience Request

RESOLUTION 2020-39 Waseca County Coronavirus Relief Fund Expense Allocation to MN Prairie for Community Resilience Program

WHEREAS, the COVID-19 Pandemic requires additional relief for small business and non-profits; and WHEREAS, the Treasury's Coronavirus Relief Fund ("Fund") Guidance for State, Territorial, Local and Tribal Governments, dated September 2, 2020, ("Guidance"); and WHEREAS, amounts paid from the Fund must be used for necessary expenditures due to the public health emergency; and are subject to the restrictions outlined in the Guidance and set forth in section 601(d) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act"); and WHEREAS, Coronavirus Relief Funds were requested and received by Waseca County in the amount of $2,272,501; and WHEREAS, the Waseca County Board of Commissioners has expressed a desire to support local small business and non-profits; and WHEREAS, grant programs for business and non-profits is an eligible use of CARES fund dollars according to 601(d) of the Social Security Act, Section 5001; and WHEREAS, the Waseca County Board of Commissioners has deemed this a necessary expenditure due to the COVID-19 pandemic; and WHEREAS, per current US Treasury guidelines dated September 2, 2020, the County is responsible for repayment of any unused funds as of December 1, 2020. WHEREAS, the Waseca County Board of Commissioners allocated $50,000 by Resolution 2020-27 for Community Resilience as part of the overall Coronavirus Relief Fund Allocation Plan on 08/04/2020; and WHERAS, MN Prairie, the County’s Health and Human Services authority, has an existing program in place that can facilitate this program.

NOW, THEREFORE, BE IT RESOLVED that the Waseca County Board of Commissioners authorizes $50,000 of CARES fund dollars, to be issued to MN Prairie, the County Health and Human Services Authority, to be used for authorized expenditures as defined in the Community Resilience Program Application; and

BE IT FURTHER RESOLVED that the Waseca County Board of Commissioners requires deviations to this plan in substantial form to be brought back for reconsideration; and

BE IT FURTHER RESOLVED that the Waseca County Board of Commissioner has final discretionary authority on approval of all disbursements made with Coronavirus Relief Funds.

Dated this 6th day of October, 2020. Waseca County Board of Commissioners ______By: ______, Board Chair ATTEST:

______Tamara J. Spooner Waseca County Auditor-Treasurer

WASECA COUNTY COMMUNITY RESILIENCE EMERGENCY ASSISTANCE FUNDS

Title: Cares Act Community Resilience Emergency Assistance Policy

Purpose: This purpose of this policy is to specify how Waseca County Health & Human Services (Mn Prairie) will use funds available through the CARES Act to help people in crisis situations due to impact of COVID-19.

Effective: 10/06/2020

CARES funding will be used to meet the emergency needs of eligible individuals, married couples, or families who are in an emergency and who are residents of Waseca County. The total funds available is limited to the amount authorized by the Waseca County Board of Commissioners for the emergency program funded through the CARES Act.

The assistance unit must be in an emergency situation due to the impact of COVID19 in which it is without, or will lose, housing, utilities, transportation that would affect gaining or maintaining meaningful employment and/or assistance needed for unexpected COVID related deaths or medical expenses that threaten the health or safety of any household unit member.

I. ELIGIBILITY FACTORS.

To be eligible, applicant must apply as a household and must meet all of the following conditions:

 At least one member of the assistance unit must be a Minnesota resident.  At least one person in the assistance unit must meet citizenship requirements or be lawfully residing as a non-citizen. o The household unit’s gross income must be at or below 300% FPG at the time of application. The Household must have spent at least 50% of previous 30 days income on essential needs: Rent/Mortgage, Utilities, Food, Medical Expenses, Child Care Expenses, Vehicle Expenses (if necessary, for employment or medical needs), other expenses paid to avoid a threat to the physical health or safety of any unit member.  CARES Funds are not available for a crisis resulting from fraud or misrepresentation on the part of any assistance unit member.  The emergency must not have been caused by money mismanagement. o Money Mismanagement is defined as: . Repeated inability to plan the use of income to meet necessary expenditures; . Repeated failure to meet obligations for rent, utilities, food, and other essentials; . Repeated eviction notices and/or utility disconnects; . Repeated use of Emergency Assistance funds.  CARES Act funds will be approved for the most cost-effective solution.  Eligible households must first apply through the Waseca County Emergency Assistance (EA) program when applying for emergency assistance for Housing or Utilities.

 Payment in combination with other resources must be able to resolve the emergency, not just postpone it.  The Household unit may keep up to $2,000 in income or assets that will allow for on-going future payments to avoid subsequent emergency.  Any of the guidelines listed above may be waived upon supervisory approval.

II. ITEMS ALLOWABLE FOR PAYMENT

Housing:  Rental Eviction- past due monthly rent, late fees, court fees.  Homelessness Prevention- first month rent, damage deposit, last month’s rent (whatever is required by Landlord to move in, up to the maximum).  Mortgage foreclosures: past due mortgage payments, late fees. o Family must own and occupy the home.  Contract for Deed: Past due payments, late fees o Family must be named in the contract & occupy the home.  Application fees

Appliances:  Repair or replacement of air conditioner or furnace. o CARES funds will be used for the most cost- effective solution. o Two estimates will be required by a licensed repairman. o Vendor must be willing to accept payment from County.

Utilities:  Electric  Gas  Water/Sewer  Propane- including delivery, hook-up & fill  Wood  Fuel Oil- including delivery, hook-up & fill

Transportation  Allowable transportation expenses may include: o Bus pass, taxi/ride sharing (Uber/Lyft) o Car repairs (non-maintenance type), registration, car payments to bring client current, 2 months car insurance, costs associated with obtaining a driver’s license excluding fines or penalties.  Must have a valid driver’s license and own the vehicle to be insured.  Repair requests must provide two estimates by a licensed Mechanic.  Mechanic must be willing to accept payment from County.

Health Care

 Health care premium payments, Spenddowns, Co-pays and Prescriptions for those that have no insurance or are under insured if inability to pay is due to the impact of COVID19. Prior to approval, Medical Assistance will be reviewed to determine if budget should be adjusted to lower premiums

and/or to determine if impacted household member has eligibility for Medical Assistance. If Medical Assistance will cover expenses CARES emergency application will be denied.

Funeral Expenses

 Unexpected funeral expenses related to COVID deaths: eligible items may include minimum casket, minimum grave liner, minimum urn, embalming not to exceed $200.  Applicant must first apply for assistance through the County Burial program. Applicant must be the same person who is signing Cost of Goods for funeral home.

Expenses for items other than the basic needs listed above may be eligible for payment. Applications will be reviewed on a case-by-case basis, must be deemed essential and will require supervisory approval.

III. DETERMINING AMOUNT OF COUNTY CRISIS FUND PAYMENT AND APPLICANT’S PORTION OF PAYMENT

Maximum County Payment- Payment cannot exceed $2,000 without supervisory approval.

Client Portion of Payment- Within the time necessary to resolve the crisis, the household must be unable to resolve its emergency by combining the following sources of all household members:  Liquid assets (except for up to $2,000) & any other assets they can quickly liquidate (not including vehicles); and  Income they anticipate receiving;  Tax refunds; and  Other funds for which they are eligible.

The following future expenses of the household will be considered when the amount of CARES funds is issued. Clients will be allowed to keep up to $2,000 of current or future income/assets needed for the following:  Rent/Mortgage  Utilities  Water/Garbage  Food  Medical expenses  Childcare expenses incurred as a result of the parent’s employment  Vehicle expenses if a vehicle is necessary for employment purposes and public transportation is not available  Other expenses paid to avoid a direct, immediate threat to the physical health or safety of the applicant.

IV. VENDORS ALLOWED TO RECEIVE PAYMENT

Bill/Eviction/Disconnect must be in the name of a household member. Payment in combination with other available resources must be able to resolve the emergency, not just postpone it.

 Utility Disconnects  All Utility Companies and local governments will be considered for payment.  Mortgage Foreclosures  All Mortgage Companies will be considered for payment.  Rental Evictions and Contract for Deed  Eviction notices written by parties other than bona fide property managers will not be considered sufficient proof that a housing crisis exists.  Eviction notices from family members will not be considered, unless they are an actual landlord with a licensed rental property or there is a safety concern.  Moving out of a parent’s home will not be considered for payment, unless there is a COVID related health and safety concern.  Licensed mechanics, vendors and repairmen must be willing to accept county payment.

V. PROCESSING COUNTY CRISIS APPLICATIONS PAYMENT & AVAILABILITY

Combined Application Form (CAF) or County Burial Application and interview will be required.

The following must be verified:  Eviction, Foreclosure, Disconnect Status, Car Repair Estimates and/or Medical Bills, Cost of Goods from Funeral Home, Appliance Repair estimates - including amount needed to resolve,  Current liquid assets  Bank statements for last 30 days.  Income for last 30 days  How the unit has spent their money for the past 30 days o Proof may be requested for large allowable expenses when reviewing spending history.

The household unit will be notified within 10 days of status of application.

Payments made via CARES Act funding must be issued through Waseca County Accounting Department.

Availability of funding will be the sole determination and discretion of the County Agency.

All CARES Act Funding must have supervisory or designee approval prior to issuance.

Passed by the County Board of Commissioners on 07/18/20.

300% FPG FOR CARES FUNDS As of 8/2020

____HOUSEHOLD SIZE______MONTHLY INCOME____

1 $3,190 2 $4,310 3 $5,430 4 $6,550 5 $7,670 6 $8,790 7 $9,910 8 $11,030 9 $12,150 10 $13,270 Each additional Person +$1,120

WASECA COUNTY COMMUNITY RESILIENCE EMERGENCY ASSISTANCE FUNDS

Client Name: MAXIS Case # PMI # Date of Birth:

Amount Approved $

Service Dates:

Housing Utilities Appliances

Transportation Health Care Funeral Expenses

Other

Check Payable To: Vendor # Address:

Approved By (E/S): Supervisor Approval:

Approval Date:

Waseca County Board of Commissioners Request for Board Action

Resolution 2020-37 Employee Recognition Policy

Meeting Date: October 6, 2020 Fiscal/FTE Impact: Item Type: Consent Action None Department: Human Resources Current budget Contact: Melissa Sexton New FTE(s) Requested Contact Phone: 507-835-0617 Other Prepared by: Melissa Sexton Amendment Requested

PURPOSE/ACTION REQUESTED Approval of the Employee Recognition Policy for Waseca County staff.

SUMMARY Waseca County sees employees as the organization’s most valued asset and resource for providing high- quality public services, and wishes to provide to its employees formal recognition for tenure, exemplary service, career contributions and retirements.

Human Resources has prepared the Employee Recognition Policy that provides guidelines to establishing and maintaining a program that meet the requirement and guidelines pursuant to Minn. Stat. § 15.46, as well as Minnesota State Auditor position 2007-1006 and IRS guidelines.

RECOMMENDATION Waseca County staff recommends that the Waseca County Board of Commissioners adopt Resolution #2020-37 and approve the Employee Recognition Policy.

EXPLANATION OF FISCAL/FTE IMPACTS None.

Supporting Documents: Previous Board Action(s): Attachment A: #4008 Employee Recognition Resolution # Attachment B:

RESOLUTION #2020-37

WHEREAS, the Waseca County Board of Commissioners acknowledges that employees are a valued asset and resource to providing high-quality public services and wishes to provide to its employees and/or employee groups formal recognition; and

WHEREAS, Minn. Stat. § 15.46, Minnesota State Auditor position 2007-1006 and IRS guidelines provide that employee wellness and recognition programs may be established and operated and that the county may expend funds as necessary to achieve the objectives of the program; and

WHEREAS, the Waseca County Human Resources Manager has reviewed the policy to ensure all recognition efforts will meet the requirement and guidelines pursuant to Minn. Stat. § 15.46; and

WHEREAS, the Human Resource Manager shall establish and review with the County Administrator, a method and criteria for three types of employee recognition: years of service, excellence in specific areas of work, and retirement; and

WHEREAS, an annual monetary limit shall be established that maintains compliance with applicable tax laws.

NOW, THEREFORE, BE IT RESOLVED, that the Employee Recognition policy presented to the Waseca County Board of Commissioners on Tuesday, October 6, 2020, is the official Employee Recognition policy and position of Waseca County; and

BE IT FURTHER RESOLVED, the Waseca County Board of Commissioners will authorize the Human Resource Manager to establish and annually review with the County Administrator, a method and criteria for the recognition awards, cost and employee eligibility; and

BE IT FURTHER RESOLVED that the Waseca County Human Resource Department and County Administrator will review this policy on an annual basis for substantive changes and bring the policy back before the Waseca County Board if substantive changes are necessary.

Waseca County Board of Commissioners

______By: ______, Board Chair ATTEST:

______Tamara J. Spooner Waseca County Auditor-Treasurer

October 1, 2020

Administrator’s Comments: Reviewed By (if required): Recommend Action County Attorney’s Office Do Not Recommend Action Risk Management Reviewed – No Recommendation Human Resources Reviewed – Information Only Information Technology Submitted at Commissioner Request Building and Grounds

County Administrator

October 1, 2020 #4008 Employee Recognition Category: Personnel Policies Section: Benefits Department: Human Resources Original/Revision Date(s): October 6, 2020 Revised: Approved: Board of Commissioners Resolution #

STATEMENT

The County sees employees as the organization’s most valued asset and resource for providing high- quality public services, and wishes to provide to its employees formal recognition for tenure, exemplary service, career contributions and retirements pursuant to Minn. Stat. § 15.46.

POLICY

The Human Resource Manager shall establish and annually review with the County Administrator, a method and criteria for three types of employee recognition: years of service, excellence in specific areas of work, and retirement. An annual monetary limit shall be established for this purpose. Any recognition award of monetary value shall be provided in compliance with applicable tax laws.

1. In recognition of total years of service as a regular status County employee or elected official the form of recognition shall be determined annually, to be given for five years of service and each five year increment thereafter.

2. The County will develop and administer a program which rewards excellence of individual employees and/or employee groups. It may provide a reasonable award and/or token of appreciation to the award recipient(s).

3. A public gathering may be held in recognition of an employee who has resigned or retired. The County may contribute an amount, not to exceed $100, toward the expenses of such a gathering at the discretion of County Administrator. No expenditure of public funds can be used towards the purchase of alcohol. The gathering shall be open to staff and the public.

4. The recognition awards, cost, and employee eligibility shall be reviewed on an annual basis by the Human Resource Manager.

Waseca County Board of Commissioners Request for Board Action

Conditional Use Permit (CUP) Request for One Megawatt Community Solar Farm

Meeting Date: October 6, 2020 Fiscal/FTE Impact: Item Type: ☐ Consent ☒ Action ☒ None Department: Planning and Zoning Department ☐ Current budget Mark Leiferman, Planning and Contact: ☐ New FTE(s) Requested Zoning Administrator Contact Phone: (507) 835-0651 ☐ Other Prepared by: Maame Yorke ☐ Amendment Requested

PURPOSE/ACTION REQUESTED The Conditional Use Permit (CUP) Request for a One (1) Megawatt Community Solar Farm by Novel David Solar LLC (Lessee) with Novel Energy Solutions as Developer.

SUMMARY

On September 3, 2020, the Waseca County Planning Commission held its regularly scheduled meeting and unanimously moved to recommend approval of the following request to the Waseca County Board of Commissioners: Request for a Conditional Use Permit (CUP) to construct and operate a one (1) Megawatt Community Solar Farm in Section 8 of Otisco Township – Novel Energy Solutions. Novel David Solar LLC, developed by Novel Energy Solutions request a Conditional Use Permit to construct and operate a 1 Megawatt Community Solar Farm on a portion (approximately 12 acres) of 120 acre parcel (PID: 08.008.0800) owned by David J. Winegar and located along State Highway 13 in Section 8 T106N R22W of Otisco Township. The parcel is located in the A-1 Agricultural Protection Zoning District and not in any overlay district. The proposed project will be contracted with Xcel energy through their solar rewards community program for 25 years or more.

The proposal by the applicants is to construct and operate a one (1) megawatt community solar farm on the parcel in Waseca County. The project comprises approximately 12 acres of land. The proposed solar project will be contracted with Xcel Energy through their solar rewards community program. The site is located on a portion of land owned by David J. Winegar. The parcel (PID: 08.008.0800) is located in the A-1 Agricultural Protection Zoning District. The Waseca County Unified Development Code (UDC) allows Solar Farms as Conditional Uses in this zoning district. The site currently contains two other solar farms approved by appropriate conditional use permits.

The full Planning Commission Report and the PowerPoint presentation on this matter can be found on the Waseca County website on the Agendas tab at: https://www.co.waseca.mn.us/AgendaCenter/ViewFile/Agenda/_09032020-478 RECOMMENDATION

Staff suggests the Board to consider:

1) The approval of Criteria for Approval and the Findings of Facts; 2) The approval of the Conditional Use Permit in substantially the form as appended to this report. NOTE: The Minnesota Department of Transportation has advised the County the location of the driveway to the proposed facility must be relocated. The developer must provide a revised site plan prior to recording of this Conditional Use Permit. Staff will provide the County Board The Planning Commission recommend approval of the Novel David Solar LLC request for a One (1) Megawatt Community Solar Farm in substantially the form as presented to include the following conditions:

Staff recommends approval of the request if the Waseca County Planning Commission finds that the proposal meets the standard criteria for approval. If approved, staff recommends the following conditions to be applied:

1. Standards/Regulations: All County, State, and Federal laws, regulations, and ordinances shall be complied with and all necessary permits obtained. All permits shall be obtained within 12 months of approval and construction completed within one (1) year of approval of receipt of the Waseca County Zoning Permit. Although there is no significant earthwork in this project, there may be tile lines that cross this site. Any damage to tiles must be repaired by the Owner/Lessee. In addition, a National Pollutant Discharge Elimination System (NPDES) permit may be required with this application if it is expected that the area disturbed will exceed one acre. With regards to storm water management, the project must adhere to Minnesota Pollution Control Agency (MPCA) Construction Storm water Permit Requirements and also any NPDES storm water permit.

2. Site and Building Plans: Development and operation of the use shall be in substantial conformance with the site plan drawings and plans and specifications as provided and on file in the office of the Waseca County Planning and Zoning Department. Project timetable shall also be submitted to the Waseca County Planning and Zoning Department. The construction plans must demonstrate the facility will not be impacted by potential flood waters. The Owner/Lessee/Operator must obtain an appropriate permit from the Minnesota Department of Transportation (MNDOT) to access the site from State Highway 13.

3. Planting Plan: A planting plan indicating the permanent vegetative crops to be planted shall be approved by the Waseca County Planning and Zoning Administrator and shall be planted within the fenced project area prior to commencement of operations of the facility. All noxious weed laws shall be followed and the areas shall be kept in a neat and tidy condition at all times and kept free of any noxious weeds. Trees planted on the easterly side of the facility shall be approved by the Waseca County Soil and Water Conservation District.

4. Wetland Conservation Act: The wetland delineation report must be approved by the Waseca County Water Resource Specialist in possible consultation with Waseca County Technical Evaluation Panel (TEP).

5. Operations: An operations plan for the facility shall be provided to and kept on file in the office of the Waseca County Planning and Zoning Department. The operations plan shall also be provided to the Waseca County Sheriff’s Department and the township fire department. The plan shall include an emergency contact.

6. Decommissioning Plan: The Decommissioning Plan shall be approved by the Waseca County Planning and Zoning Administrator and the Waseca County Attorney and recorded with the Conditional Use Permit. The Owner/Lessee shall provide a cash escrow to decommission the Solar Farm of $45,000 in a form that is satisfactory to the Waseca County Attorney.

7. Duration, Failure to Comply and Review: A Conditional Use Permit shall become void one (1) year after being granted by the County Board unless used or if discontinued for a period of ninety (90) days. The County Board may prescribe a different time limit within which the action for which the Conditional Use

September 30, 2020 is required shall commence, or be completed, or both. Failure to commence, or complete, or both, such action within the time limit set shall void the Conditional Use Permit. Conditional Use Permit shall be issued for a particular use on a specific parcel and not for a particular person or firm. Owner/operator shall allow periodic inspection of the facility by Waseca County personnel, including, but not limited to, Waseca County Zoning Administrator and/or staff or assignee, Public Health Department, Environmental Health Department, Waseca County Sheriff’s Department or Minnesota Pollution Control Agency staff, to determine if the terms and conditions of this Conditional Use Permit are being complied with. Failure to comply with any of the above-listed conditions shall be grounds for suspension or revocation of the Conditional Use Permit. This Conditional Use Permit may be reviewed upon an annual basis and shall be subject to any additions or modifications deemed necessary in order to meet governmental requirements.

EXPLANATION OF FISCAL/FTE IMPACTS None.

Supporting Documents: Attachment “A”: Conditional Use Permit and Attachments Attachment “B”: Findings of Facts (not for recording purposes)

Administrator’s Comments: Reviewed By (if required): ☐ Recommend Action ☐ County Attorney’s Office ☐ Do Not Recommend Action ☐ Risk Management ☐ Reviewed – No Recommendation ☐ Human Resources ☐ Reviewed – Information Only ☐ Information Technology ☐ Submitted at Commissioner Request ☐ Building and Grounds

County Administrator

September 30, 2020 Do not write above this line - Recorder use only CONDITIONAL USE PERMIT WASECA COUNTY Conditional Use Permit (CUP) for a One Megawatt Community Solar Farm

Date: October 6, 2020

Property Owners: David J Winegar Diane M. Winegar 34160 Highway 13 139 Eastwood Waseca, MN 56093 Mankato, MN 56001

Project Lessee: Novel David Solar LLC Project Developer: Novel Energy Solutions 2303 Wycliff Street, Suite 300 St. Paul, MN 55114

Property Address: TBD State Hwy 13

Township Name: Otisco

Parcel Identification No: 08.008.0800

Legal Description: See Attachment “B” (To be provided).

Proposed Use of Land: Request for a Conditional Use Permit (CUP) to construct and operate a 1 Megawatt Community Solar Farm on a portion (approximately 12 acres) of 120 acre parcel (PID: 08.008.0800) owned by David J. Winegar and located along State Highway 13 in Section 8 T106N R22W of Otisco Township. The parcel is located in the A-1 Agricultural Protection Zoning District and not in any overlay district. The proposed project will be contracted with Xcel energy through their solar rewards community program for 25 years or more. Attachments:

Attachment “A” – Conditions required for approval of the Conditional Use Permit Attachment “B” – Legal Description Attachment “C” – Site Plan Attachment “D” – Decommissioning Plan and Escrow

Novel David Solar LLC | David J Winegar | Diane M. Winegar | Solar Farm Conditional Use Permit Page 1 of 10 THE COUNTY BOARD MOTION TO ADOPT FINDINGS OF FACT AND THE COUNTY BOARD CONCLUSIONS AND ORDER

The Waseca County Board of Commissioners have read the Findings of Facts referenced herein as provided to the County Board and on file in the office of the Planning and Zoning Department along with supporting information including the staff reports, and the Criteria for approval of the Conditional Use Permit that were recommended by the Waseca County Planning Commission which are included by reference with this report. The Criteria for approval are on file and of record in the office of the Waseca County Planning and Zoning Department and are incorporated in the Findings by reference. The Waseca Planning Commission took testimony at a public hearing and prepared the criteria for approval at the Planning Commission Meeting held on Thursday September 3, 2020. The Board hereby adopts these Findings of Fact regarding the approval of the request for a Conditional Use Permit application as described above and as recommended by the Planning Commission and of record in the Waseca County Planning and Zoning Office.

The Waseca County Board also approves the recommendation of the Planning Commission to approve the request for a Conditional Use Permit in substantially the form as provided, with the conditions as outlined in Attachment “A” with all other local, state, and federal regulations.

Motion by______Second by ______Vote ____Yes ____No

WASECA COUNTY

Dated: ______Doug Christopherson, Chairman Waseca County Board of Commissioners

A T T E S T

Dated: ______Tamara J. Spooner Waseca County Auditor Treasurer

Novel David Solar LLC | David J Winegar | Diane M. Winegar | Solar Farm Conditional Use Permit Page 2 of 10 ATTACHMENT “A”

CONDITIONS REQUIRED FOR APPROVAL OF THE CONDITIONAL USE PERMIT

1. Standards/Regulations: All County, State, and Federal laws, regulations, and ordinances shall be complied with and all necessary permits obtained. All permits shall be obtained within 12 months of approval and construction completed within one (1) year of approval of receipt of the Waseca County Zoning Permit. Although there is no significant earthwork in this project, there may be tile lines that cross this site. Any damage to tiles must be repaired by the Owner/Lessee. In addition, a National Pollutant Discharge Elimination System (NPDES) permit may be required with this application if it is expected that the area disturbed will exceed one acre. With regards to storm water management, the project must adhere to Minnesota Pollution Control Agency (MPCA) Construction Storm water Permit Requirements and also any NPDES storm water permit.

2. Site and Building Plans: Development and operation of the use shall be in substantial conformance with the site plan drawings and plans and specifications as provided and on file in the office of the Waseca County Planning and Zoning Department. Project timetable shall also be submitted to the Waseca County Planning and Zoning Department. The construction plans must demonstrate the facility will not be impacted by potential flood waters. The Owner/Lessee/Operator must obtain an appropriate permit from the Minnesota Department of Transportation (MNDOT) to access the site from State Highway 13.

3. Planting Plan: A planting plan indicating the permanent vegetative crops to be planted shall be approved by the Waseca County Planning and Zoning Administrator and shall be planted within the fenced project area prior to commencement of operations of the facility. All noxious weed laws shall be followed and the areas shall be kept in a neat and tidy condition at all times and kept free of any noxious weeds. Trees planted on the easterly side of the facility shall be approved by the Waseca County Soil and Water Conservation District.

4. Wetland Conservation Act: The wetland delineation report must be approved by the Waseca County Water Resource Specialist in possible consultation with Waseca County Technical Evaluation Panel (TEP).

5. Operations: An operations plan for the facility shall be provided to and kept on file in the office of the Waseca County Planning and Zoning Department. The operations plan shall also be provided to the Waseca County Sheriff’s Department and the township fire department. The plan shall include an emergency contact.

6. Decommissioning Plan: The Decommissioning Plan shall be approved by the Waseca County Planning and Zoning Administrator and the Waseca County Attorney and recorded with the Conditional Use Permit. The Owner/Lessee shall provide a cash escrow to decommission the Solar Farm of $45,000 in a form that is satisfactory to the Waseca County Attorney.

Novel David Solar LLC | David J Winegar | Diane M. Winegar | Solar Farm Conditional Use Permit Page 3 of 10 7. Duration, Failure to Comply and Review: A Conditional Use Permit shall become void one (1) year after being granted by the County Board unless used or if discontinued for a period of ninety (90) days. The County Board may prescribe a different time limit within which the action for which the Conditional Use is required shall commence, or be completed, or both. Failure to commence, or complete, or both, such action within the time limit set shall void the Conditional Use Permit. Conditional Use Permit shall be issued for a particular use on a specific parcel and not for a particular person or firm. Owner/operator shall allow periodic inspection of the facility by Waseca County personnel, including, but not limited to, Waseca County Zoning Administrator and/or staff or assignee, Public Health Department, Environmental Health Department, Waseca County Sheriff’s Department or Minnesota Pollution Control Agency staff, to determine if the terms and conditions of this Conditional Use Permit are being complied with. Failure to comply with any of the above-listed conditions shall be grounds for suspension or revocation of the Conditional Use Permit. This Conditional Use Permit may be reviewed upon an annual basis and shall be subject to any additions or modifications deemed necessary in order to meet governmental requirements.

Novel David Solar LLC | David J Winegar | Diane M. Winegar | Solar Farm Conditional Use Permit Page 4 of 10 ATTACHMENT “B” Legal Description (Leased Area) (To be Provided)

Novel David Solar LLC | David J Winegar | Diane M. Winegar | Solar Farm Conditional Use Permit Page 5 of 10 ATTACHMENT “C” Site Plan

Novel David Solar LLC | David J Winegar | Diane M. Winegar | Solar Farm Conditional Use Permit Page 6 of 10 ATTACHMENT “D” Decommissioning Plan and Escrow (Preliminary)

Novel David Solar LLC | David J Winegar | Diane M. Winegar | Solar Farm Conditional Use Permit Page 7 of 10 ATTACHMENT “D” Decommissioning Plan and Escrow (Continued) ESCROW AGREEMENT TO ASSURE THE DECOMMISSIONING OF A SOLAR FARM

THIS AGREEMENT entered into this _____day of ______, 20__, by and between Novel David Solar LLC, a Limited Liability Company under the laws of Minnesota (hereinafter “Developer”), and Waseca County, a political subdivision of the State of Minnesota (hereinafter “Waseca County”).

WITNESSETH

WHEREAS, the Waseca County Board approved a Conditional Use Permit (CUP) to construct a Solar Farm on October 6, 2020; and

WHEREAS, a copy of this Escrow Agreement to Assure the Decommissioning of a Solar Farm will be attached to the Decommissioning Plan and recorded with the Conditional Use Permit (CUP) to construct a Solar Farm approved by the Waseca County Board on October 6, 2020; and

WHEREAS, one of the conditions of the CUP was that the Developer must provide a Decommissioning Plan (Plan) in a form to be approved by the Planning and Zoning Administrator and the County Attorney; and that the Developer/Lessee shall provide security to decommission the Solar Farm of $45,000 in a form that is satisfactory to the Waseca County Attorney: and

WHEREAS, Waseca County is requiring that the Developer enter into this ESCROW AGREEMENT TO ASSURE THE DECOMMISSIONING OF A SOLAR FARM Agreement and fund the Escrow Agreement to assure the Decommissioning of a Solar Farm prior to receipt of any Zoning Permit to construct the Solar Farm.

NOW, THEREFORE, in consideration of the mutual covenants and obligations contained herein and in the attachments to the CUP herein referenced the Developer and Waseca County agree as follows:

1. Developer hereby deposits, in an escrow account with Waseca County, the sum of Thirty-five Thousand and no/100 Dollars ($45,000.00) to serve as security to decommission the solar farm. This may include, but is not limited to, the removal of the improvements and equipment, pursuant to the conditions of the CUP and the Plan.

2. Developer agree to complete the removal of the improvements and equipment and return the land to its original condition, as described in the Plan, in the time periods outlined in the Plan.

Novel David Solar LLC | David J Winegar | Diane M. Winegar | Solar Farm Conditional Use Permit Page 8 of 10 3. With the proper and timely completion and removal of the improvements and equipment described in the Plan, in the time periods outlined in the Plan, Waseca County agrees to execute a written release and return the escrow held to assure the decommissioning of the solar farm.

4. In the event the decommissioning is not properly or timely completed pursuant to the Plan, the Developers will be in violation of the CUP conditions.

5. In the event Developer fails to decommission the facility pursuant to and within the timeline provided in the Plan, Waseca County may utilize any legal method to insure compliance, including but not limited to, use of the escrowed funds.

6. This Agreement is made for the benefit of Waseca County.

THIS AGREEMENT was made on the date first written above.

Property Developer:

Novel David Solar LLC a Limited Liability company under the laws of Minnesota

By: ______

Its: ______

STATE OF MINNESOTA ) ) ss. COUNTY OF WASECA )

This Escrow Agreement was acknowledged before me on this _____ day of ______, 20__, by ______, the ______of ______, a ______under the laws of Minnesota.

______Notary Public

The remainder of this page was left blank intentionally.

Novel David Solar LLC | David J Winegar | Diane M. Winegar | Solar Farm Conditional Use Permit Page 9 of 10 County Auditor Acknowledgement of Deposit:

______Tamara J. Spooner, Waseca County Auditor Date

STATE OF MINNESOTA ) ) ss. COUNTY OF WASECA )

This Escrow Agreement was acknowledged before me on this _____ day of ______, 20__, by Tamara J. Spooner, Waseca County Auditor.

______Notary Public

This Document was drafted by: Waseca County Planning and Zoning 300 N State St Waseca, MN 56093

Novel David Solar LLC | David J Winegar | Diane M. Winegar | Solar Farm Conditional Use Permit Page 10 of 10 Not for Recording Purposes Novel David Solar LLC Conditional Use Permit for One (1) Megawatt Community Solar Farm September 9, 2020

FINDINGS OF FACT

1. On August 3, 2020, Novel David Solar LLC, developed by Novel Energy Solutions, presented an application for a Conditional Use Permit (CUP) to construct and operate a 1 Megawatt Community Solar Farm on a portion (approximately 12 acres) of 120 acre parcel (PID: 08.008.0800) owned by David J. Winegar and located along State Highway 13 in Section 8 T106N R22W of Otisco Township. The parcel is located in the A-1 Agricultural Protection Zoning District and not in any overlay district. The proposed project will be contracted with Xcel energy through their solar rewards community program for 25 years or more. Legal description for the proposed development site is yet to be provided. 2. As of the date of the application, the above-listed application was on file for public inspection in the Waseca County Planning and Zoning Office. The above listed application and supporting documents are incorporated into these Findings by reference. 3. Notice of the public hearing scheduled for on the applicants’ request for a conditional use permit was published in the Waseca County News (the 2020 official newspaper for Waseca County) on August 20, 2020. The Affidavit of Publication is included in the files and are incorporated herein by reference.

4. On or before August 21, 2020, the Planning and Zoning Office notified owners of nearby properties and all of the Township Officers as per requirements of the Unified Development Code for the public hearing scheduled for September 3, 2020 by first-class mail. The Affidavits of mailing are included in the file and are incorporated herein by reference. Staff reports were provided by email to the Waseca Public Health Services Department, The Waseca County Sheriff, the Waseca County Attorney and the Waseca County Highway Department and Waseca Water Resources Specialist for their comments and review.

5. On August 28, 2020, the Planning and Zoning Office notified the applicants in writing about the 60 days extension of the required timeline deadline for agency action as per the Minnesota Statute Chapter 15.99.

6. On August 28, 2020, Planning and Zoning Department staff sent the staff report to the members of the Waseca County Planning Commission by first-class mail regarding the application and accompanying documents. This staff report is incorporated in these Findings by reference. Attachments included: i. Staff analysis of criteria, ii. Recommended conditions, if granting, iii. Application materials as submitted and documented.

7. Mark Leiferman, Waseca County Planning and Zoning Administrator, presented a PowerPoint presentation highlighting the applicants request, site data and approvals for the Conditional Use Permit for the Novel David Solar LLC Solar project. The information provided was based on a staff report provided to the Planning Commission prior to the meeting.

8. The following is an extract of the draft Planning Commission minutes of the meeting held on September 3, 2020 starting at 7:30 p.m.:

Novel David Solar LLC | David J Winegar | Diane M. Winegar | Solar Farm Conditional Use Permit PID: 08.008.0800 Not for Recording Purposes WASECA COUNTY PLANNING COMMISSION MEETING MINUTES OF SEPTEMBER 3, 2020

CALL TO ORDER/ESTABLISH A QUORUM A quorum to conduct business was established and the Chair Russ Frederick called the Waseca County Planning Commission meeting to order at 7:30 p.m. at the meeting room in the East Annex Building. MEMBERS PRESENT DeAnne Malterer, Russ Frederick, Leon Schoenrock, Stephanie Roemhildt, Marv Pearson, Mark Sommers (arrived late).

MEMBERS ABSENT None

STAFF PRESENT Mark Leiferman, Planning and Zoning Administrator, Maame Yorke, Planning and Zoning Specialist.

OTHERS PRESENT Names include as seen on sign-in sheet. Spellings of names shown as best as possible from handwritten signatures. Scott Tempel (online), Jon Erichson (online), Mitch Froehlich (online).

APPROVAL OF AGENDA Pearson made a motion to approve the agenda with Schoenrock seconding. Motion passed unanimously.

REVIEW/APPROVAL OF MINUTES – August 6, 2020 Malterer made a motion with Schoenrock seconding to approve the August 6, 2020 minutes. Motion passed unanimously.

PUBLIC HEARINGS:

A. Request for a Conditional Use Permit (CUP) to construct and operate a one (1) Megawatt Community Solar Farm in Section 8 of Otisco Township – Novel Energy Solutions. Leiferman started the public hearing for a Conditional Use Permit to construct and operate a one Megawatt solar farm in Waseca County by presenting a PowerPoint. The developer for the solar garden is Novel Energy Solutions. The owner of the site is David J. Winegar and the property address is yet to be assigned but located in Section 8 of Otisco Township. The applicant submitted an application on August 3, 2020. First class mail notices were sent to adjacent property owners within a quarter mile from the proposed site on August 21, 2020. Legal notice of public hearing was published in the newspaper on August 20, 2020. 60-day from the date of application is October 2, 2020. 60-days’ notice extension was provided to the applicant on August 28, 2020 (extension requested from the Applicants). Comprehensive Plan extracts: The land use plan as part of the county’s comprehensive plan calls for the area’s development as agricultural uses. The use relates to the comprehensive plan in the following ways: o Infrastructure Vision Statement: the Waseca County will plan for, construct and maintain infrastructure that is safe, affordable, environmentally sound, aesthetically pleasing and allows for managed growth. The land use plan relates to the goal states in that it provides opportunity for economic development in ways compatible with Waseca County’s natural and built environment. Novel David Solar LLC | David J Winegar | Diane M. Winegar | Solar Farm Conditional Use Permit PID: 08.008.0800 Not for Recording Purposes Leiferman showed the zoning Map extract of the area. The map places the area in the A-1 Agricultural Protection zoning district. Leiferman then asked to dispense reading the full explanation of the solar farm code which is outlined below: Unified development Code (UDC) Extract: § 6.08 A-1 AGRICULTURAL PROTECTION DISTRICT STANDARDS (C) Conditional uses (see Article 4 for accessory uses). Accessory uses are subject to the standards found in Articles 3, 4 and 6 of this ordinance: (36) Solar farms. § 6.16 SPECIFIC STANDARDS FOR COMMERCIAL AND INDUSTRIAL USES. (OO) Solar farms. Solar farms are the primary land use for the parcel on which the array is located and are distinguished from solar arrays that are an accessory use. Solar farms are composed of multiple solar panels on multiple mounting systems (poles or racks), and generally have a direct current (DC) rated capacity greater than 100 kilowatts. Solar farms are permitted by conditional use permit and/or by zoning permit. (1) Stormwater management and erosion and sediment control. Stormwater management and erosion and sediment control shall meet the requirements of § 5.04. (2) Setbacks. All solar panels in the array will be considered a principal use and shall be required to meet the setbacks of a principal structure. (3) Foundations. The manufacturer’s engineer or another qualified engineer shall certify that the foundation and design of the solar panels is within accepted professional standards, given local soil and climate conditions. (4) Other standards and codes. All solar farms shall be in compliance with any applicable local, state and federal regulatory standards, including the State Uniform Building Code, as amended; and the National Electric Code, as amended. (5) Power and communication lines. Power and communication lines running between banks of solar panels and to electric substations or interconnections with buildings shall be buried underground. Exemptions may be granted by the Planning and Zoning Administrator in instances where shallow bedrock, watercourses or other elements of the natural landscape interfere with the ability to bury lines. (6) Application requirements for conditional use or zoning permit. A site plan of existing conditions showing the following (any drawing shall be submitted in paper format drawn to scale and in AutoCAD DWG format): (a) Existing property lines and property lines extending 100 feet from the exterior boundaries, including the names of the adjacent property owners and current use of those properties; (b) Existing public and private roads, showing widths of the roads and any associated easements; (c) Location and size of any abandoned wells, sewage treatment systems and dumps; (d) Existing buildings and any impervious surface; (e) Topography at two-foot intervals and source of contour interval, unless determined otherwise by the Department. A contour map of the surrounding properties may also be required; (f) Existing vegetation (list type and percent of coverage; i.e., grassland, plowed field, wooded areas and the like); (g) Waterways, watercourses, lakes and public water wetlands; (h) Delineated wetland boundaries; (i) The 100-year flood elevation and regulatory flood protection elevation, if available; (j) Floodway, flood fringe and/or general floodplain district boundary, if applicable; (l) Mapped soils according to the county soil survey; Novel David Solar LLC | David J Winegar | Diane M. Winegar | Solar Farm Conditional Use Permit PID: 08.008.0800 Not for Recording Purposes (m) Surface water drainage patterns; (7) Site plan of proposed solar farm. The following information shall be provided to the Planning and Zoning Department prior to issuance of the conditional use permit or zoning permit (any drawing shall be submitted in paper format drawn to scale and in AutoCAD DWG format): (a) Location and spacing of solar panels; (b) Location of access roads; (c) Location of underground or overhead electric lines connecting the solar farm to the building, substation or other electric load; (d) New electrical equipment other than at the existing building or substation that is the connection point for the solar farm; and (e) Proposed erosion and sediment control measures and proposed stormwater management measures as required in Article 5 of this ordinance. (8) Large ground-mounted systems. Ground-mounted solar systems that result in the creation of one or more acres of impervious surface must comply with § 5.04. Sketch elevation of the premises accurately depicting the proposed solar energy conversion system and its relationship to structures on adjacent lots (if any). (9) Manufacturer’s specifications. Manufacturer’s specifications and recommended installation methods for all major equipment, including solar panels, mounting systems and foundations for poles or racks; (10) The number and size of the panels to be installed; (11) A description of the method of connecting the array to a building or substation; (12) A copy of any easement required to cross private property or any permit to use any public right-of-way to connect the project to the utility grid or substation. (13) A copy of the interconnection agreement with the local electric utility or a written explanation outlining why an interconnection agreement is not necessary; (14) Contractor’s name and license number; (15) Contractor certificate of liability insurance; and (16) A decommissioning plan shall be required to ensure that facilities are properly removed after their useful life. Decommissioning of solar panels must occur in the event they are not in use for 12 consecutive months. The plan shall include provisions for removal of all structures and foundations, restoration of soil and vegetation and a plan ensuring financial resources will be available to fully decommission the site. Disposal of structures and/or foundations shall meet the provisions of state law and the requirements of the county solid waste ordinance. The Board may require the posting of a bond, letter of credit or the establishment of an escrow account to ensure proper decommissioning in an amount equal to the estimated cost to restore the site if the use is discontinued. Leiferman after dispensing reading the solar code showed the Planning Commission a site plan for the project under review. Leiferman informed the planning commission that the solar panels were a tracking systems instead of the fixed system. Issues with the request 1. Road Access. The owners/lessees will use a proposed new road access onto State Highway 13. Waseca County Planning and Zoning may assign a new address for the facility. 2. Wetlands. Portions of the site appear on the National Wetland inventory but outside of the development area. A level 1 wetland delineation was submitted to Waseca County for review by the Water Resource Specialist and Technical Evaluation Panel (TEP) and a decision was made that there were no wetlands in the development area. Novel David Solar LLC | David J Winegar | Diane M. Winegar | Solar Farm Conditional Use Permit PID: 08.008.0800 Not for Recording Purposes 3. Erosion Control. The construction of the project will require a National Pollution Discharge Elimination Systems Permit (NPDES) from the Minnesota Pollution Control Agency if it is determined that the project will impact an area greater than one acre. Prior to commencement of decommissioning activities, erosion control measures may also be required to be implemented. The type and extent of these measures would be dictated by the regulatory requirements at the time of decommissioning. 4. Proximity to Residential Uses. The Joachim Subdivision is located to the northwest of the proposed development site and there are no residences within a 1,000 from proposed community solar garden project. 5. Sound Emitted by the Project. The closest residences are more than 1,000 feet from the project solar panels. Since this is a solar project, operational noise will be generated during daylight periods. There should be limited sound after sunset. During operation, the main source of sound will be generated by the electric inverters, and to a lesser extent from the transformers. No information has been provided by the applicant regarding the potential noise produced by the facility. 6. Glare. Glare should have a minimal impact with the solar panels, as they have an anti-reflective coating. Their appearance is either black or a blue luminance. There have been issues with glare produced by two previous solar projects that are located near the Waseca Airport. Glare studies are not required for this project. 7. Signage. There may be a desire to install a sign for the proposed business. No sign plans have been provided with this request. 8. Decommissioning. A preliminary decommissioning plan has been provided with this request. A Decommission Plan and the security to decommission the facility must be approved by Waseca County Planning and Zoning Administrator and the Waseca County Attorney and recorded with the Conditional Use Permit. No decommissioning plan has been provided with this request. The Owner/Lessee shall provide an escrow deposit as security to decommission the Solar Farm of $45,000 in a form that is satisfactory to the Waseca County Attorney. Public Agency Comments An email containing the link to the staff report was provided to the Minnesota Department of Transportation, The Minnesota Department of Natural Resources, Waseca Public Health Services Department, The Waseca County Sheriff, the Waseca County Attorney and the Waseca County Highway Department for their review. An email was received from Shauna McIntire commenting on the solar project. Hi Angie, Traffic is providing three options for the applicant to obtain an access to their proposed solar farm. The options outlined are in order of MnDOT’s preference. All of the options ensure that no additional access is added to State Hwy 13. 1. Work with the land owner to the south to create a shared access on the parcel boundary, for access to the solar farm and the agricultural parcel to the south. 2. Use the existing field access on the north side of the parcel as the access to the field as well as the proposed solar farm. 3. Remove the field access at (2) and relocate to be across from the existing field entrance on the east side of State Hwy 13 (3). This access would be used for both field access as well as the solar farm. Novel David Solar LLC | David J Winegar | Diane M. Winegar | Solar Farm Conditional Use Permit PID: 08.008.0800 Not for Recording Purposes Let me know if you have any questions/comments/concerns. -Shauna. There were no government agencies present at the meeting both online or in the conference room to comment on the project. Township Review: A copy of the notice of public hearing was provided to the Otisco Township for their consideration. Public Comments: Public hearing notices were sent to adjacent property owners. No written correspondence has been received from any neighboring property owner or other members of the public. Frederick opened the public hearing at 7:45 p.m. Scott Tempel from Novel Energy Solutions provided applicant comment on the proposed project. He informed that Novel energy will screen the site should it be a requirement and deemed necessary. Leiferman suggested the planning commission required a planting plan at some point in the future especially in situations where the solar farm proves to be a safety concern owing to it being along a state highway. He then made reference to the applicant’s CUP submitted materials which talked about screening: Screening will be provided on the east side of the site. The screening will consist of trees to screen from the adjacent ROW. Following construction of the arrays and any other project requirements, vegetation will be established to ensure soil stabilization, improve storm water quality, and for site beautification. Low Maintenance Turf seed mix or similar seed mix is utilized. Native grasses or specific pollinator plantings will be utilized in accordance with the attached landscaping plan. Once established, this site will filtrate surface waters and minimize erosion even better than traditional croplands. Additional site visits and pro-active weed identification and control will occur in the earlier seasons of the vegetative growth to ensure proper site development. Regular site maintenance will occur throughout the life of the system Fredrick asked about glare for this project. Leiferman explained that the panels were coated and as such glare is not anticipated to be an issue with this project. Schoenrock asked the relationship between the road and the height of the panels. Fredrick responded he used the road daily and the panels might be lower. The public hearing was closed at 7:47 p.m. Criteria and Proposed Findings: 1. Will the proposed use have an adverse impact on the health, safety, and general welfare of the occupants in the surrounding neighborhood?  The planned solar array has a very low profile with the top of the modules rising only 15 feet above the surface of the ground. The specifications as submitted include a fence that will slightly obscure the site of the project. The construction plans must demonstrate the facility will not be impacted by potential flood waters.

2. Will the proposed use have an adverse impact on traffic conditions including parking?  The proposed use is not anticipated to impact (adverse) on traffic conditions including parking. Daytime traffic from pickup trucks, semi-trailers during construction for delivery of equipment and other machinery is estimated to be minimal. There will be parked vehicles near the proposed solar site during the six to eight week construction period but this is not anticipated to impact traffic adversely. Once the system is up and operating, it is estimated that there will be between two and four visits to the site in a year for maintenance thus traffic conditions and parking is not anticipated to be impacted adversely post construction.

3. Are there adequate public utilities, public services, road, and schools to support the proposed use of the property?

Novel David Solar LLC | David J Winegar | Diane M. Winegar | Solar Farm Conditional Use Permit PID: 08.008.0800 Not for Recording Purposes

 The project will generate electricity and has been placed on the site to tie into a three phase line on State Highway 13. There are adequate public utilities, public services, roads, and schools to support the proposed use of the property.

4. Will the proposed use have an adverse effect on property values or future development of land in the surrounding neighborhood?  The Waseca County Assessor has previously reported that Solar Garden projects should not have an adverse effect on property values or future development of land in the surrounding neighborhood.

5. Is the proposed use of the property consistent with the goals and policies adopted in the Comprehensive Plan?  The proposed is in the public interest and consistent with the Comprehensive Plan and relates to the infrastructure vision statement and one of the economic development goals in the comprehensive plan.

6. Does the proposed use meet the standards of the Zoning Ordinance including that the use is allowed with a Conditional Use Permit in the designated zoning district in which it is proposed?  Solar farm is a conditional use in the A-1 Agricultural Protection District. The Waseca County Unified Development Code places Solar Farms as a Conditional Use in the A-1 Agricultural Protection Districts. A site plan has been submitted for this site. The facility should meet the UDC requirements if all conditions are adhered to.

7. Will the proposed use have an adverse effect on the environment, including pollution and including impacts on groundwater, surface water and surface water runoff, and air quality?  There appear to be no wetlands present in the development area. The impacts to groundwater, surface water and surface water runoff, and air quality should be minimal with this project with the greatest impacts occurring during construction and decommissioning of the facility. These issues should be addressed with proper storm water management measures and/or required permits prior to commencement of construction activities. An Environmental Assessment Worksheet (EAW) is not required for this request. A National Pollutant Discharge Elimination System (NPDES) permit may be required with this application.

8. Will the proposed us have an effect (adverse) on existing natural, historic, or scenic views or features in the surrounding neighborhood?  The array is located along State Highway13 south of Buffalo Garden LLC and Severson Garden LLC. The proposed use is not anticipated to have an effect (adverse) on existing natural, historic or scenic views or features in the surrounding neighborhood.

9. Are there other provisions within the Waseca County Unified Development Code, Minnesota State Law or Federal Law that will impact the approval of the Conditional Use Permit?  All other required provisions shall apply which include, but not limited to, Minnesota State Building and Electrical Codes, National Pollutant Discharge Elimination System (NPDES) permits, etc. Conditions for Approval Staff recommends approval of the request if the Waseca county Planning Commission finds that the proposal meets the standard criteria for approval. If approved, staff recommends the following conditions be applied. 1. Standards/Regulations: All County, State, and Federal laws, regulations, and ordinances shall be complied with and all necessary permits obtained. All permits shall be obtained within 12 months of approval and construction completed within one (1) year of approval of receipt of the Waseca County Zoning Permit. Novel David Solar LLC | David J Winegar | Diane M. Winegar | Solar Farm Conditional Use Permit PID: 08.008.0800 Not for Recording Purposes Although there is no significant earthwork in this project, there may be tile lines that cross this site. Any damage to tiles must be repaired by the Owner/Lessee. In addition, a National Pollutant Discharge Elimination System (NPDES) permit may be required with this application if it is expected that the area disturbed will exceed one acre. With regards to storm water management, the project must adhere to Minnesota Pollution Control Agency (MPCA) Construction Storm water Permit Requirements and also any NPDES storm water permit. Since the developers are proposing to use an existing gravel road that services solar farm to the east of the proposed site, they may need to seek the appropriate permission from the owners of Buffalo Garden LLC.

2. Site and Building Plans: Development and operation of the use shall be in substantial conformance with the site plan drawings and plans and specifications as provided and on file in the office of the Waseca County Planning and Zoning Department. Project timetable shall also be submitted to the Waseca County Planning and Zoning Department. The construction plans must demonstrate the facility will not be impacted by potential flood waters. The Owner/Lessee/Operator must obtain an appropriate permit from the Minnesota Department of Transportation (MNDOT) to access the site from State Highway 13.

3. Planting Plan: A planting plan indicating the permanent vegetative crops to be planted shall be approved by the Waseca County Planning and Zoning Administrator and shall be planted within the fenced project area prior to commencement of operations of the facility. All noxious weed laws shall be followed and the areas shall be kept in a neat and tidy condition at all times and kept free of any noxious weeds. Trees planted on the easterly side of the facility shall be approved by the Waseca County Soil and Water Conservation District.

4. Wetland Conservation Act: The wetland delineation report must be approved by the Waseca County Water Resource Specialist in possible consultation with Waseca County Technical Evaluation Panel (TEP).

5. Operations: An operations plan for the facility shall be provided to and kept on file in the office of the Waseca County Planning and Zoning Department. The operations plan shall also be provided to the Waseca County Sheriff’s Department and the township fire department. The plan shall include an emergency contact.

6. Decommissioning Plan: The Decommissioning Plan shall be approved by the Waseca County Planning and Zoning Administrator and the Waseca County Attorney and recorded with the Conditional Use Permit. The Owner/Lessee shall provide a cash escrow to decommission the Solar Farm of $45,000 in a form that is satisfactory to the Waseca County Attorney.

7. Duration, Failure to Comply and Review: A Conditional Use Permit shall become void one (1) year after being granted by the County Board unless used or if discontinued for a period of ninety (90) days. The County Board may prescribe a different time limit within which the action for which the Conditional Use is required shall commence, or be completed, or both. Failure to commence, or complete, or both, such action within the time limit set shall void the Conditional Use Permit. Conditional Use Permit shall be issued for a particular use on a specific parcel and not for a particular person or firm. Owner/operator shall allow periodic inspection of the facility by Waseca County personnel, including, but not limited to, Waseca County Zoning Administrator and/or staff or assignee, Public Health Department, Environmental Health Department, Waseca County Sheriff’s Department or Minnesota Pollution Control Agency staff, to determine if the terms and conditions of this Conditional Use Permit are being complied with. Failure to comply with any of the above-listed conditions shall be grounds for suspension or revocation of the Conditional Use Permit. This Novel David Solar LLC | David J Winegar | Diane M. Winegar | Solar Farm Conditional Use Permit PID: 08.008.0800 Not for Recording Purposes Conditional Use Permit may be reviewed upon an annual basis and shall be subject to any additions or modifications deemed necessary in order to meet governmental requirements. Malterer made a motion to approve the criteria. Schoenrock seconded and motion was passed unanimously with 5 Yes 0 No. Pearson made a motion to approve the conditions and recommend approval to the Board of Commissioners. Sommers seconded and it was passed unanimously with 5 Yes 0 No.

B. Request for a Conditional Use Permit (CUP) to allow mining of aggregate materials in Section 10 of Otisco Township – Doreen R Eaton (Ulland Brothers – Contractor). Leiferman started the public hearing for a Conditional Use Permit stated above. The owner of the site is Doreen R Eaton and the property address is yet to be determined in Section 10 of Otisco Township. Application was submitted on August 6, 2020. First class mail notices were sent to adjacent property owners within a quarter mile from the proposed site by August 21, 2020. Legal notice of public hearing was published in the newspaper on August 20, 2020. 60-day from the date of application is October 5, 2020. 60-days’ notice extension was provided to the applicant on August 28, 2020 (extension requested from the Applicants). Comprehensive Plan extracts: The Conditional Use is consistent with the goals and policies established in the Waseca County Land Use Plan. The proposed development area is located in agricultural/open space area. This proposal indirectly relates to the infrastructure and transportation vision statement of the county since aggregate materials are needed for construct roads at a cost effective price. o Transportation Vision Statement: Waseca County will have a transportation system that facilitates and strengthens its economic vitality and effectively moves people to and from required destinations. Leiferman showed the zoning Map extract of the area. The map places the area in the A-1 Agricultural Protection zoning district. He then showed the Planning Commission a site plan for the project under review and explained the applicants’ proposals from the site plan. Issues with the request 1. Dust. The county has received several complaints regarding dust from a similar mining operation located close to residences. Since this operation will occur close to two residences, the applicants should put in measures to minimize dust or mitigate this nuisance.

2. Wetlands. Portions of the site appear on the National Wetland inventory. As stated, a wetland delineation will be submitted to Waseca County for review by the Water Resource Specialist and Technical Evaluation Panel (TEP) and must be completed when field conditions are suitable for onsite review.

3. Proximity to Residential Uses. There are two residences (PID: 08.10.0210 and 08.010.1205) located within a 1,000 feet of the property under review. Since these residences are within a 1,000 feet and will be mostly impacted by the operations of this excavation site, there is the need to request a variance to conduct activities within a 1,000 feet of these residences.

4. Road Access. The applicants are proposing to access the site at northwest corner of their property where it intersects with 155th Street. Appropriate permit or permission should be sought from the Waseca County Highway Department or any authority with jurisdictional control.

Novel David Solar LLC | David J Winegar | Diane M. Winegar | Solar Farm Conditional Use Permit PID: 08.008.0800 Not for Recording Purposes 5. Road Condition. The contractors are proposing to use 155th street to access the parcel. The county has received several complains in the past concerning debris and rocks on the roads as a result of the operations on similar sites. The applicants should ensure the road is in good condition free from debris, dust and rocks.

6. Signage. There might be the desire to erect a sign onsite. No sign permit application has been received from the applicant.

7. Aesthetics. The applicants proposes to stockpile and store materials on site. This is not managed might not be aesthetically pleasing. The site should be free from debris.

8. Crushing: The application includes a request to allow screening and crushing of materials from the site. No Crushing of concrete and asphalt materials from street projects brought to the site will be allowed 10 days per year. There is often considerable noise and increased truck traffic associated with these activities.

9. Reclamation Plan: The reclamation plan only shows how the property might appear following the completion of the project. No reclamation plan has been provided by the applicant

10. Proximity to Little Le Sueur River. All Construction and storage of materials must be 300 feet from the LeSueur River and 100 feet from 155th Street

Note: Issue # 10 was added by Staff during the PowerPoint presentation and was not included in the staff report mailed to BOA members.

Public Agency Comments An email containing the link to the staff report was provided to the Minnesota Department of Transportation, The Minnesota Department of Natural Resources, Waseca Public Health Services Department, The Waseca County Sheriff, the Waseca County Attorney and the Waseca County Highway Department for their review. There were no government agencies present at the meeting both online or in the conference room to comment on the project. Township Review: A copy of the notice of public hearing was provided to the Otisco Township for their consideration. Public Comments: Public hearing notices were sent to adjacent property owners. No written correspondence has been received from any neighboring property owner or other members of the public. Frederick opened the public hearing at 8:10 p.m. Jon Erichson from Ulland Brothers provided more information about the proposed project. Sommers asked if the 10 day crushing requirement wasn’t enough by the applicant. Erichson responded they might have an outlier project where the 10 days might not be enough. Leiferman then suggested to the Planning Commission that the request could be recommended for approval by the County Board and have the applicant contest this condition at that meeting. There were discussions on the CUP request by the Planning Commission. The public hearing was closed at 8:17 p.m. Leiferman asked then presented staff prepared Criteria and Proposed Findings. The criteria and conditions are outlined below: Criteria and Proposed Findings: 1) Will the proposed use have an impact (adverse) on the health, safety, and general welfare of the occupants Novel David Solar LLC | David J Winegar | Diane M. Winegar | Solar Farm Conditional Use Permit PID: 08.008.0800 Not for Recording Purposes in the surrounding neighborhood? Applicant: The property is in a rural area with the surrounding land uses predominately agricultural along with single family parcels. The proposed use is setback from the road and based on the Variance request the closest parcel to the operation would be 350 ft. from the closet part of the operation

Staff: The operation is not anticipated to have any adverse impact on the health, safety and general welfare of the surrounding neighborhood owing to the fact that conditions have been placed upon the applicant’s permit and since additional requirements will placed on this permit by the Waseca County Highway Department and the Minnesota Pollution Control Agency and the request will be reviewed by the Minnesota Department of Natural Resources. In addition, the property is located in a rural setting.

2) Will the proposed use have an impact (adverse) on traffic conditions including parking? Applicant: The property will be used intermittingly based on construction projects in the area. The access to the property will be on the north property line which at the intersection of 155th St is approximately 600 ft. from the closest residential parcel. During the periods of the property being used there will be increased traffic with most of the traffic going north from the access point due to the weight restrictions on the bridge to the south.

Staff: The proposed use is not anticipated to impact (adverse) on traffic conditions since adequate measures are being provided to eliminate any traffic conditions due to the conditions that are being placed upon the project relating to road use. 3) Are there adequate public utilities, public services, road, and schools to support the proposed use of the property? Applicant: The proposed use of the property will not require any service from Public Utilities, Public Services or schools that are required to support the proposed use. Public Roads will be used and Waseca County weight guidelines for roads and bridges will be followed

Staff: There are adequate public utilities, public services and roads to support the proposed use of the property.

4) Will the proposed use have an effect (adverse) on property values or future development of land in the surrounding neighborhood? Applicant: The property had previously been used for mining and any continuation of mining on the site will have no impact on adjacent property values or place any restrictions on adjacent properties for future development

Staff: The property under review is zoned for Industrial use and the operations are in line with requirements as stipulated in the Waseca County Unified Development Code. There are two (2) residences within a 1,000 feet of this property. The operation had previously been permitted under a land alteration permit. 5) Is the proposed use of the property consistent with the goals and policies adopted in the Comprehensive Plan? Applicant: The Comprehensive Plan identifies Infrastructure and Transportation in the top ten Vision statements for Waseca County. In order to achieve these Vision statements natural resources (aggregates) are required to build infrastructure and roads at a cost-effective price. By providing the Conditional Use permit to allow mining these Vision goals become more realistic and economical

Staff: Waseca County has determined that this use is in line with the infrastructure and transportation visions as Novel David Solar LLC | David J Winegar | Diane M. Winegar | Solar Farm Conditional Use Permit PID: 08.008.0800 Not for Recording Purposes stated in the land use plan. The proposed use is compatible with the uses within the district and are of the same general character as those of the district.

6) Does the proposed use meet the standards of the Zoning Ordinance including that the use is allowed with a Conditional Use Permit in the designated zoning district in which it is proposed? Applicant: Mining is allowed with a Conditional Use Permit in Agricultural Zoning Districts.

Staff: Mining, excavation, extraction of material and minerals are conditional uses in the A-1 Agricultural Protection District as specified in the Waseca County Unified Development Code. A site plan has been submitted for this site. The facility should meet the UDC requirements if all conditions are adhered to.

7) Will the proposed use have an effect (adverse) on the environment, including pollution and including impacts on groundwater, surface water and surface water runoff, and air quality? Applicant: The proposed mining operation would acquire the following permits as part of the mining operation. Such as MPCA Storm Water Permit, Waseca County Driveway Permit, Wetland Delineation and DNR Water Appropriations Permit (only required if pumping water)

Staff: There wetlands present on the site where the array will be located. A full wetland delineation report will need to be prepared and reviewed by the Waseca County Water Resource Specialist to determine if the project will have an impact on any wetlands located on the site. The impacts to groundwater, surface water and surface water runoff, and air quality should be minimal. These issues should be addressed with proper storm water management measures and/or required permits prior to commencement of construction activities. An Environmental Assessment Worksheet (EAW) may not be required for this request. A National Pollutant Discharge Elimination System (NPDES) permit may be required with this application. Construction activity will not be allowed within 300 feet of the Little Le Sueur River.

8) Will the proposed us have an effect (adverse) on existing natural, historic, or scenic views or features in the surrounding neighborhood? Applicant: The mining operation has the potential to create a pond in the westerly portion of Phase 1 which will have positive impacts on the adjacent property from a conservation standpoint. This is based on the exploratory drillings indicating aggregates below the water table. All topsoil will be stripped and beamed in the areas to be mined and upon completion of mining the topsoil will be used for the reclamation of the site

Staff: The proposed use has been previously operated on the property with an appropriate land alteration permit. The proposal is not anticipated to be detrimental or have adverse effect on the existing natural, historic, scenic views or features of the surrounding neighborhood. Construction activity will not be allowed within 300 feet of the Little Le Sueur River.

9) Are there other provisions within the Waseca County Unified Development Code, Minnesota State Law or Federal Law that will impact the approval of the Conditional Use Permit? Applicant: Not Applicable.

Novel David Solar LLC | David J Winegar | Diane M. Winegar | Solar Farm Conditional Use Permit PID: 08.008.0800 Not for Recording Purposes Staff: All other required provisions shall apply which include, but not limited to National Pollutant Discharge Elimination System (NPDES) permits, etc.

Conditions for Approval Staff recommends approval of the request if the Waseca county Planning Commission finds that the proposal meets the standard criteria for approval. If approved, staff recommends the following conditions be applied. Standards/Regulations: 1. The requested use shall conform to all County Ordinances, State and Federal regulations, including but not limited to, a N.P.D.E.S. (National Pollutants Discharge Elimination System Permit and Industrial Storm water Permit (or a combined permit) with the Minnesota Pollution Control Agency (MPCA), adhere to the MPCA Noise regulations, and if necessary, obtain a Minnesota Department of Natural Resources (DNR) Water Appropriations Permit, Army Corps of Engineers Permit, and any or all other permits as necessary. In addition, the Minnesota Pollution Control Agency Environmental Management Aggregate Operations shall be used as a guidance tool and reference document for the permittee/operator/owner. A permit to access 155th Street (County Road 283) must be obtained from the Waseca County Highway Department.

Site and Building Plans: 2. Development and operation of the use shall be in substantial conformance with the site plan drawings and plans and specifications as provided and on file in the office of the Waseca County Planning and Zoning Department. Project timetable shall also be submitted to the Waseca County Planning and Zoning Department. The construction plans must demonstrate the facility will not be impacted by potential flood waters. Setbacks to property lines and approved setbacks to adjacent residences shall be mark with surface markers (posts) to alert mine operators of the limits of construction. Structures, storage of excavated materials, topsoil, and the excavation edge shall be setback at least 300 feet from any protected water, at least 100 feet from the adjoining north and east property lines and 100 feet from the right-of-way of 155th Street. Construction on the west side must be at least 350 feet from any residence. 3. For the purposes of this permit, the permittee/operator/owner is granted the ability to mine, crush, wash, refine and process the excavated product, perform site reclamation, post a sign. The permittee/operator/owner shall undertake the project according to the plans and specifications submitted to the county with the application and developed during the hearing process. This permit is to include temporary equipment placement and storage. The permittee/operator/owner is allowed to screen and crush materials from the site only. Crushing does not include asphalt and concrete brought to the site from areas offsite.

Operations 4. An operations plan for the facility shall be provided to and kept on file in the office of the Waseca County Planning and Zoning Department. The operations plan shall also be provided to the Waseca County Sheriff’s Department and the township fire department. The plan shall include an emergency contact. 5. Limit the hours of operation from 7 a.m. to 6 p.m. Monday through Friday and from 7 a.m. to 12:00 p.m. Saturday and there shall be no mining activities on the following observed holidays: New Year’s Day, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas Day. A one hour quiet start up is allowed prior to the above-established times. 6. The permittee/operator/owner is prohibited from using explosives and/or blasting to mine the materials from this site. 7. The Permittee/owner/operator shall not allow any other person, firm, partnership, association, or corporation to conduct mining operation(s) at the site, other than hauling to or from the pit without (1) obtaining the prior written consent of the Planning Commission and Board of Commissioners and (2) receiving written acknowledgement of said other person, firm, partnership, association, or corporation that he/she/they/it/ agree(s) to be bound by the requirements of the mining operation(s) permit in effect, and has obtained a

Novel David Solar LLC | David J Winegar | Diane M. Winegar | Solar Farm Conditional Use Permit PID: 08.008.0800 Not for Recording Purposes surety (performance) bond guaranteeing the other entities performance as permittee. Subcontractors of the permittee shall be allowed to perform mining operations under the direct supervision of the permittee. The subcontractor shall follow all applicable rules, standards, laws, regulations, or permit conditions pertaining to mining operations. The permittee shall be responsible for any violations of this permit caused or committed by any subcontractor.

Environmental/Water Issues: 8. Keep any pit excavation, or impounded waters within the limits for which this permit is granted. 9. Any soils contamination shall be mitigated as required by the Minnesota Pollution Control Agency and the appropriate authorities in the matter shall be promptly notified. The Minnesota Duty Officer is available 24 hours per day by calling 1-800-422-0798. 10. Weeds and any other unsightly or noxious vegetation shall be cut or trimmed as may be necessary to preserve a reasonably neat appearance and to prevent seeding on adjoining property. 11. Human waste disposal, if applicable, shall be by an approved method of the Waseca County Public Health Department. 12. The mining operation shall not be allowed to interfere with surface water drainage beyond the boundaries of the mining operation. The mining operation shall not adversely affect the quality or quantity of surface or subsurface water resources. Surface water originating outside and passing through the mining district shall, at its point of departure the mining site, be of equal or better quality to the water where it enters the mining site. The mining operator shall perform any water treatment necessary to comply with this provision at his/her/their expense. 13. The Owner/Permittee must provide, for the purpose of retaining impounded waters, a containment area sufficient strength and durability to maintain such containment area in a safe and proper condition. 14. The creation of wildlife ponds, pollution control structures, and erosion control structures shall not require an additional Conditional Use Permit, provided that said construction plan is approved by Waseca County Planning and Zoning under consultation with the Waseca County Soil and Water Conservation District and abides by all other applicable rules, regulations, and ordinances. 15. Abandoned wells must be sealed in accordance with State and County requirements. 16. On-site water supply and sewage treatment systems shall meet or exceed MN Rules 7080 and Waseca County SSTS Ordinance(s). 17. Wetlands: Wetlands are protected by Minnesota Statute. A wetland delineation may be required by the Waseca County Water Resource Specialist prior to the commencement of mining operations. No property owner shall conduct any activity within the wetland without prior authorization from Waseca County. A permanent post shall be erected at the wetland delineation line to insure the protection of the wetlands.

Trees: 18. No trees shall be removed to extract materials from the site. 19. In areas that are not mined, trees and natural vegetation shall be maintained and or left undisturbed to maintain a natural landscape, to prevent soil erosion

Road Issues: 20. The Board reserves the right to order and direct what public ways can be used as ingress/egress to the site to protect the public from unnecessary road damage and any expenses to repair such public roads. Road weight postings shall be honored at all times. 21. Trucks used in hauling materials from the site of excavation shall be loaded in such a manner as to minimize spillage onto public roadways. Precautions must be taken to minimize the deposit of dirt and mined materials onto public roads or highways. Any spillage resulting from overloading or from adhering to truck tires shall be removed at regular intervals to protect the safety of the traveling public. 22. Dust control measures shall be utilized upon the site so as not to create a nuisance to the adjoining properties. Proposed measures for dust control include, but are not limited to watering of the surface and the use of sodium chloride as means of dust control. 23. The excavation area shall be fenced at the access points of the operation. The entrances shall be secured

Novel David Solar LLC | David J Winegar | Diane M. Winegar | Solar Farm Conditional Use Permit PID: 08.008.0800 Not for Recording Purposes with an iron pipe gate (or other gate structure as approved by the County Board) at the entrances to the pit. The gate is to be locked during non-operating hours. 24. All access roads from mining operations to public highways, roads or streets to adjoining property shall be paved or surfaced with gravel to minimize dust conditions. 25. No fence, wall, structure planting or other obstruction shall be permitted over three feet in height within twenty-five (25) feet of any road right-of-way-ingress/egress intersection in order to ensure visibility across such intersection. Privacy fences, walls hedges or shrubbery may be erected, placed, and maintained except, as they may constitute a safety hazard. 26. Any encroachment into utility right-of-ways shall only be permitted with the written approval of the affected utility. 27. The permittee/operator/owner of a mining operation shall be responsible for extraordinary maintenance and restoration of all county/township roads leading to the mining operation that may be damaged due to activities involving the mining operation unless the owner/operator/ can prove that the mining operation was not the cause of the roadway damage. All maintenance and restoration of roads shall be done with the approval of the road authority and to the road authority’s satisfaction.

Crushing: 28. Crushing of on-site/off-site materials is limited to ten (10) days per year and must be completed during permitted operational dates and times (See Condition No. 6); 29. No crushing shall occur within the any wetland.

Insurance: 30. The permittee/operator/owner shall acquire and keep in force for the duration of the permit, liability insurance, in the amount of one million dollars ($1 Million), specifically covering the mining and/or restoration and related operations. The permittee/operator/owner shall provide a certificate of insurance to the Waseca County Zoning Office.

Performance Bond 31. A performance surety shall be provided in the amount of $75,000.00. The surety shall be used to reimburse the County for any monies, labor, or material expended to bring the operation into compliance with the conditions of the permit

Mining/Reclamation: 32. Slope the banks and otherwise properly guard and keep any pit or excavation in such condition as not to be dangerous from caving or sliding banks. 33. Stabilize overburden material and minimize the area that is exposed to erosion. 34. Mining shall not be conducted closer than 75 feet of adjoining property lines and shall not be conducted closer than 75 feet to the right-of-way line of any existing or platted street, road, or highway, except that excavation may be conducted within such limits in order to reduce the elevation thereof in conforming to the existing or platted street, road or highway, unless a variance has been granted. 35. All equipment used for mining operations shall be constructed, maintained and operated in such a manner as to minimize, as much as practicable, noise, vibrations, dirt and dust, or other activities, which are injurious to persons living in the vicinity. A berm or berms shall be created and utilized as a barrier between a sending unit to a receiving unit to decrease decibel levels and to assist in decreasing noise levels, which may have the potential to create nuisance effects. 36. Excavating or stockpiling of materials shall not be conducted closer than one hundred feet to the right- of-way line of any existing or platted street, road, or highway, where such excavation may create a traffic or line of site problem. 37. All restoration shall include the application of a minimum of 6 inches of topsoil or similar matter that will support plant growth. The applicant shall upon stockpiling of overburden separate to the best of their ability the topsoil from the subsoil to retain the productivity of the soils after reclamation. The Novel David Solar LLC | David J Winegar | Diane M. Winegar | Solar Farm Conditional Use Permit PID: 08.008.0800 Not for Recording Purposes recommended topsoil shall be from 6-10 inches in depth to provide for a fertile soil for plant productivity after reclamation. The applicant shall not be required to purchase additional topsoil to meet this requirement, but shall retain and utilize the resource available to him/her onsite. The finished grade shall be such that it will not adversely affect the surrounding land or future development of the site upon which mining operations have been conducted. The finished plan shall restore the mining site to a condition whereby it can be utilized for the type of land use proposed to occupy the site after mining operations cease.

38. Grading Standards: i. Final grades shall be in conformity with the topography of the surrounding land, and ii. The land to be restored shall be for crop production of which no slope shall exceed 20% (5:1) iii. The cover material (top soil) shall not be sold or removed from the site and shall be used to reclaim this property. Additional topsoil remaining after the 6-10-inch reclamation may be sold provided the permittee could demonstrate they met or exceeded the topsoil reclamation requirements. iv. All restored areas shall be seeded with a mixture recommended by the Soil and Water Conservation Service or returned to crop production. The permit may include reforestation. Reforestation requirements shall be based on the recommendations of the Waseca County Soil and Water Conservation District. The mining site shall be rehabilitated immediately after mining operations cease. Rehabilitation shall be completed within 1 year and v. Within 6 months after cessation or abandonment of the pit and its operation all buildings, structures, machinery, equipment, and plants incidental to the operation shall be dismantled and removed by, and at the expense of, the mining operator. A temporary variance may be granted for those buildings, structures, machinery, equipment and plants. vi. Upon completion of the reclamation project, the permittee/operator/owner shall notify the Waseca County Planning and Zoning Office who shall then inspect the site to determine if it is in accordance with the approved reclamation plan. If the site is not in accordance with the approved reclamation plan, the Planning and Zoning Administrator shall notify the permittee/operator/owner of its deficiencies and the operator shall correct the deficiencies. When the site is in accordance with the plan, the Planning and Zoning Administrator shall issue a letter of acceptance of the site to the permittee/operator/owner and the County shall release the performance bond/surety bond. 39. The applicant, permittee, owner, and/or operator shall at all times take precautionary measures, best management practices, to prevent erosion of soils and mined materials/ 40. All chemicals, hazardous materials, waste, and nutrients and/or etc. shall be properly used or disposed of by legal, environmentally sound methods. Any spills resulting from the use of such chemicals, hazardous materials and etc. shall be properly reported, contained and mitigated as the Minnesota Pollution control agency may deem necessary. The State Duty Officer phone number is 1-800-422-0798; and 41. The area shall be kept neat and clean and shall not constitute a nuisance or be kept unsightly. 42. An erosion control plan shall be implemented during any construction period to prevent soil erosion during all construction phases upon the property.

Duration, Failure to Comply and Review: 43. This Conditional Use Permit shall be valid for a period of five (5) years from its issuance and must be renewed at that time or the site completely restored. Failure to renew the permit or to restore the site shall result in the county exercising the bond and using the proceeds to restore and properly close the site. 44. Permittee shall be subject to review and compliance of the above-listed conditions. The County may enter onto the premises at reasonable times and in a reasonable manner to insure the permit holder is in compliance with the conditions and all other applicable statutes, rules, and ordinances. The County Board shall reserve the right to impose additional restrictions or conditions to the issuance of a Conditional Use Permit, as it deems necessary to protect the public interest. These conditions or restrictions may include matters relating to appearance, lighting, hours of operation and performance characteristics. Restrictive covenants may be entered into regarding such matters, when appropriate. A Conditional Use Permit shall become void one (1) year after being granted by the County Board unless used or if discontinued for a period of ninety (90) days. The County Board Novel David Solar LLC | David J Winegar | Diane M. Winegar | Solar Farm Conditional Use Permit PID: 08.008.0800 Not for Recording Purposes may prescribe a different time limit within which the action for which the Conditional Use is required shall commence, or be completed, or both. Failure to commence, or complete, or both, such action within the time limit set shall void the Conditional Use Permit. A Conditional Use Permit shall be issued for a particular use on a specific parcel and not for a particular person or firm. The Board of Commissioner may impose other specific conditions the Board deems necessary to protect the health, safety, comfort, morals, or general welfare of the public at any time in the future. Failure to comply with any of the above-listed conditions shall be grounds for suspension or revocation of the Conditional Use Permit.

Malterer made a motion to approve the criteria as amended. Pearson seconded and motion was passed unanimously with 5 Yes and 0 No. Schoenrock made a motion to approve the conditions as outlined and recommend approval to the Board of Commissioners. Sommers seconded and it was passed unanimously with 5 Yes and 0 No.

MISCELLANEOUS Conditional Use Application Form Update: Leiferman informed the Planning Commission a proposed update to the Land Use Application form which will include additional information requesting applicants to contact the DNR and MNDOT if their proposal impacts any shoreland areas or are adjacent state highways. This stems from the fact that state statute regulations the time frame for which decisions on land use applications can be made and that frame sometimes is too short for agency reviews and actions especially on the part of MNDOT or DNR. The Planning Commission agreed to this revision

ADJOURNMENT Schoenrock made a motion with Malterer seconding to adjourn the meeting. Meeting adjourned at 8:52 p.m.

Novel David Solar LLC | David J Winegar | Diane M. Winegar | Solar Farm Conditional Use Permit PID: 08.008.0800 Waseca County Board of Commissioners Request for Board Action

Conditional Use Permit (CUP) Request to mine, excavate, process and stockpile sand and gravel aggregate materials

Meeting Date: October 6, 2020 Fiscal/FTE Impact: Item Type: ☐ Consent ☒ Action ☒ None Department: Planning and Zoning Department ☐ Current budget Mark Leiferman, Planning and Contact: ☐ New FTE(s) Requested Zoning Administrator Contact Phone: (507) 835-0651 ☐ Other Prepared by: Maame Yorke ☐ Amendment Requested

PURPOSE/ACTION REQUESTED The Conditional Use Permit (CUP) Request to mine aggregate materials on a previously mined and reclaimed parcel (PID: 08.010.1200) in Section 10 of Otisco Township by Doreen R Eaton (Ulland Brothers – Contractors).

SUMMARY

On Thursday September 3, 2020, the Waseca County Planning Commission held its regularly scheduled meeting and unanimously moved to recommend approval of the following request to the Waseca County Board of Commissioners:

Request for a conditional Use Permit (CUP) to allow mining of aggregate materials in Section 10 of Otisco Township – Doreen R Eaton (Ulland Brothers – Contractor). Ulland Brothers request a Conditional Use Permit to mine aggregate materials on a previously mined and reclaimed parcel (PID: 08.010.1200) which is approximately 30.92 acres belonging to Doreen R Eaton in Section 10, T106N R22W of Otisco Township. The parcel is located within the A-1 Agricultural Protection Zoning District and Mineral Extraction, Mining are allowed in this zoning district as Conditional Uses as specified in §4.13 and §6.08 of the Waseca County Unified Development Code (UDC). The applicants previously mined the site under a Land Alteration Permit issued in 2008.

The parcel (PID:08.010.1200) is located in the A-1 Agricultural Protection Zoning District. The Waseca County Unified Development Code (UDC) allows Mineral extraction, mining as Conditional Uses in this zoning district.

The full Planning Commission Report on these matters can be found on the Waseca County website on the Agendas tab at: https://www.co.waseca.mn.us/AgendaCenter/ViewFile/Agenda/_09032020-478

The Waseca County Board of Adjustment met on September 3, 2020 prior to the Planning Commission meeting to consider and did grant three setback variances for the project. The setback variances are reflected in the site plan attached to the Conditional Use Permit.

The full Waseca County Board of Adjustment Report on these matters can be found on the Waseca County website on the Agendas tab at: https://www.co.waseca.mn.us/AgendaCenter/ViewFile/Agenda/_09032020- 477 RECOMMENDATION

Staff suggests the Board to consider:

1) The approval of Criteria for Approval and the Findings of Facts; 2) The approval of the Conditional Use Permit in substantially the form as appended to this report.

The Planning Commission recommend approval of Doreen R Eaton’s request to mine, excavate, process and stockpile sand and gravel aggregate materials in substantially the form as presented to include the following conditions:

Staff recommends approval of the request if the Waseca County Planning Commission finds that the proposal meets the standard criteria for approval. If approved, staff recommends the following conditions to be applied:

Standards/Regulations:

1. The requested use shall conform to all County Ordinances, State and Federal regulations, including but not limited to, a N.P.D.E.S. (National Pollutants Discharge Elimination System Permit and Industrial Storm water Permit (or a combined permit) with the Minnesota Pollution Control Agency (MPCA), adhere to the MPCA Noise regulations, and if necessary, obtain a Minnesota Department of Natural Resources (DNR) Water Appropriations Permit, Army Corps of Engineers Permit, and any or all other permits as necessary. In addition, the Minnesota Pollution Control Agency Environmental Management Aggregate Operations shall be used as a guidance tool and reference document for the permittee/operator/owner. A permit to access 155th Street (County Road 283) must be obtained from the Waseca County Highway Department.

Site Plans:

2. Development and operation of the use shall be in substantial conformance with the site plan drawings and plans and specifications as provided and on file in the office of the Waseca County Planning and Zoning Department. Project timetable shall also be submitted to the Waseca County Planning and Zoning Department. The construction plans must demonstrate the facility will not be impacted by potential flood waters. Setbacks to property lines and approved setbacks to adjacent residences shall be mark with surface markers (posts) to alert mine operators of the limits of construction. Structures, storage of excavated materials, topsoil, and the excavation edge shall be setback at least 300 feet from any protected water, at least 100 feet from the adjoining north and east property lines and 100 feet from the right-of-way of 155th Street. Construction on the west side must be at least 350 feet from any residence. 3. For the purposes of this permit, the permittee/operator/owner is granted the ability to mine, crush, wash, refine and process the excavated product, perform site reclamation, post a sign. The permittee/operator/owner shall undertake the project according to the plans and specifications submitted to the county with the application and developed during the hearing process. This permit is to include temporary equipment placement and storage.

Operations 4. An operations plan for the facility shall be provided to and kept on file in the office of the Waseca County Planning and Zoning Department. The operations plan shall also be provided to the Waseca County Sheriff’s Department and the township fire department. The plan shall include an emergency contact. 5. Limit the hours of operation from 7 a.m. to 6 p.m. Monday through Friday and from 7 a.m. to 12:00 p.m. Saturday and there shall be no mining activities on the following observed holidays: New Year’s Day, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas Day. A one hour quiet start up is allowed prior to the above-established times. 6. The permittee/operator/owner is prohibited from using explosives and/or blasting to mine the materials

September 30, 2020 from this site. 7. The Permittee/owner/operator shall not allow any other person, firm, partnership, association, or corporation to conduct mining operation(s) at the site, other than hauling to or from the pit without (1) obtaining the prior written consent of the Planning Commission and Board of Commissioners and (2) receiving written acknowledgement of said other person, firm, partnership, association, or corporation that he/she/they/it/ agree(s) to be bound by the requirements of the mining operation(s) permit in effect, and has obtained a surety (performance) bond guaranteeing the other entities performance as permittee. Subcontractors of the permittee shall be allowed to perform mining operations under the direct supervision of the permittee. The subcontractor shall follow all applicable rules, standards, laws, regulations, or permit conditions pertaining to mining operations. The permittee shall be responsible for any violations of this permit caused or committed by any subcontractor.

Environmental/Water Issues: 8. Keep any pit excavation, or impounded waters within the limits for which this permit is granted. 9. Any soils contamination shall be mitigated as required by the Minnesota Pollution Control Agency and the appropriate authorities in the matter shall be promptly notified. The Minnesota Duty Officer is available 24 hours per day by calling 1-800-422-0798. 10. Weeds and any other unsightly or noxious vegetation shall be cut or trimmed as may be necessary to preserve a reasonably neat appearance and to prevent seeding on adjoining property. 11. Human waste disposal, if applicable, shall be by an approved method of the Waseca County Public Health Department. 12. The mining operation shall not be allowed to interfere with surface water drainage beyond the boundaries of the mining operation. The mining operation shall not adversely affect the quality or quantity of surface or subsurface water resources. Surface water originating outside and passing through the mining district shall, at its point of departure the mining site, be of equal or better quality to the water where it enters the mining site. The mining operator shall perform any water treatment necessary to comply with this provision at his/her/their expense. 13. The Owner/Permittee must provide, for the purpose of retaining impounded waters, a containment area sufficient strength and durability to maintain such containment area in a safe and proper condition. 14. The creation of wildlife ponds, pollution control structures, and erosion control structures shall not require an additional Conditional Use Permit, provided that said construction plan is approved by Waseca County Planning and Zoning under consultation with the Waseca County Soil and Water Conservation District and abides by all other applicable rules, regulations, and ordinances. 15. Abandoned wells must be sealed in accordance with State and County requirements. 16. On-site water supply and sewage treatment systems shall meet or exceed MN Rules 7080 and Waseca County SSTS Ordinance(s). 17. Wetlands: Wetlands are protected by Minnesota Statute. A wetland delineation may be required by the Waseca County Water Resource Specialist prior to the commencement of mining operations. No property owner shall conduct any activity within the wetland without prior authorization from Waseca County. A permanent post shall be erected at the wetland delineation line to insure the protection of the wetlands.

Trees: 18. No trees shall be removed to extract materials from the site. 19. In areas that are not mined, trees and natural vegetation shall be maintained and or left undisturbed to maintain a natural landscape, to prevent soil erosion

Road Issues: 20. The Board reserves the right to order and direct what public ways can be used as ingress/egress to the site to protect the public from unnecessary road damage and any expenses to repair such public roads. Road weight postings shall be honored at all times.

September 30, 2020 21. Trucks used in hauling materials from the site of excavation shall be loaded in such a manner as to minimize spillage onto public roadways. Precautions must be taken to minimize the deposit of dirt and mined materials onto public roads or highways. Any spillage resulting from overloading or from adhering to truck tires shall be removed at regular intervals to protect the safety of the traveling public. 22. Dust control measures shall be utilized upon the site so as not to create a nuisance to the adjoining properties. Proposed measures for dust control include, but are not limited to watering of the surface and the use of sodium chloride as means of dust control. 23. The excavation area shall be fenced at the access points of the operation. The entrances shall be secured with an iron pipe gate (or other gate structure as approved by the County Board) at the entrances to the pit. The gate is to be locked during non-operating hours. 24. All access roads from mining operations to public highways, roads or streets to adjoining property shall be paved or surfaced with gravel to minimize dust conditions. 25. No fence, wall, structure planting or other obstruction shall be permitted over three feet in height within twenty-five (25) feet of any road right-of-way-ingress/egress intersection in order to ensure visibility across such intersection. Privacy fences, walls hedges or shrubbery may be erected, placed, and maintained except, as they may constitute a safety hazard. 26. Any encroachment into utility right-of-ways shall only be permitted with the written approval of the affected utility. 27. The permittee/operator/owner of a mining operation shall be responsible for extraordinary maintenance and restoration of all county/township roads leading to the mining operation that may be damaged due to activities involving the mining operation unless the owner/operator/ can prove that the mining operation was not the cause of the roadway damage. All maintenance and restoration of roads shall be done with the approval of the road authority and to the road authority’s satisfaction.

Crushing:

28. Crushing of on-site/off-site materials is limited to ten (10) days per year and must be completed during permitted operational dates and times (See Condition No. 6); 29. No crushing shall occur within the any wetland.

Insurance: 30. The permittee/operator/owner shall acquire and keep in force for the duration of the permit, liability insurance, in the amount of one million dollars ($1 Million), specifically covering the mining and/or restoration and related operations. The permittee/operator/owner shall provide a certificate of insurance to the Waseca County Zoning Office.

Performance Bond 31. A performance surety shall be provided in the amount of $75,000.00. The surety shall be used to reimburse the County for any monies, labor, or material expended to bring the operation into compliance with the conditions of the permit

Mining/Reclamation: 32. Slope the banks and otherwise properly guard and keep any pit or excavation in such condition as not to be dangerous from caving or sliding banks. 33. Stabilize overburden material and minimize the area that is exposed to erosion. 34. Mining shall not be conducted closer than 75 feet of adjoining property lines and shall not be conducted closer than 75 feet to the right-of-way line of any existing or platted street, road, or highway, except that excavation may be conducted within such limits in order to reduce the elevation thereof in conforming to the existing or platted street, road or highway, unless a variance has been granted. September 30, 2020 35. All equipment used for mining operations shall be constructed, maintained and operated in such a manner as to minimize, as much as practicable, noise, vibrations, dirt and dust, or other activities, which are injurious to persons living in the vicinity. A berm or berms shall be created and utilized as a barrier between a sending unit to a receiving unit to decrease decibel levels and to assist in decreasing noise levels, which may have the potential to create nuisance effects. 36. Excavating or stockpiling of materials shall not be conducted closer than one hundred feet to the right-of- way line of any existing or platted street, road, or highway, where such excavation may create a traffic or line of site problem. 37. All restoration shall include the application of a minimum of 6 inches of topsoil or similar matter that will support plant growth. The applicant shall upon stockpiling of overburden separate to the best of their ability the topsoil from the subsoil to retain the productivity of the soils after reclamation. The recommended topsoil shall be from 6-10 inches in depth to provide for a fertile soil for plant productivity after reclamation. The applicant shall not be required to purchase additional topsoil to meet this requirement, but shall retain and utilize the resource available to him/her onsite. The finished grade shall be such that it will not adversely affect the surrounding land or future development of the site upon which mining operations have been conducted. The finished plan shall restore the mining site to a condition whereby it can be utilized for the type of land use proposed to occupy the site after mining operations cease.

38. Grading Standards: i. Final grades shall be in conformity with the topography of the surrounding land, and ii. The land to be restored shall be for crop production of which no slope shall exceed 20% (5:1) iii. The cover material (top soil) shall not be sold or removed from the site and shall be used to reclaim this property. Additional topsoil remaining after the 6-10-inch reclamation may be sold provided the permittee could demonstrate they met or exceeded the topsoil reclamation requirements. iv. All restored areas shall be seeded with a mixture recommended by the Soil and Water Conservation Service or returned to crop production. The permit may include reforestation. Reforestation requirements shall be based on the recommendations of the Waseca County Soil and Water Conservation District. The mining site shall be rehabilitated immediately after mining operations cease. Rehabilitation shall be completed within 1 year and v. Within 6 months after cessation or abandonment of the pit and its operation all buildings, structures, machinery, equipment, and plants incidental to the operation shall be dismantled and removed by, and at the expense of, the mining operator. A temporary variance may be granted for those buildings, structures, machinery, equipment and plants. vi. Upon completion of the reclamation project, the permittee/operator/owner shall notify the Waseca County Planning and Zoning Office who shall then inspect the site to determine if it is in accordance with the approved reclamation plan. If the site is not in accordance with the approved reclamation plan, the Planning and Zoning Administrator shall notify the permittee/operator/owner of its deficiencies and the operator shall correct the deficiencies. When the site is in accordance with the plan, the Planning and Zoning Administrator shall issue a letter of acceptance of the site to the permittee/operator/owner and the County shall release the performance bond/surety bond. 39. The applicant, permittee, owner, and/or operator shall at all times take precautionary measures, best management practices, to prevent erosion of soils and mined materials/ 40. All chemicals, hazardous materials, waste, and nutrients and/or etc. shall be properly used or disposed of by legal, environmentally sound methods. Any spills resulting from the use of such chemicals, hazardous materials and etc. shall be properly reported, contained and mitigated as the Minnesota Pollution control agency may deem necessary. The State Duty Officer phone number is 1-800-422-0798; and 41. The area shall be kept neat and clean and shall not constitute a nuisance or be kept unsightly. 42. An erosion control plan shall be implemented during any construction period to prevent soil erosion during all construction phases upon the property. September 30, 2020 Duration, Failure to Comply and Review:

43. This Conditional Use Permit shall be valid for a period of five (5) years from its issuance and must be renewed at that time or the site completely restored. Failure to renew the permit or to restore the site shall result in the county exercising the bond and using the proceeds to restore and properly close the site. 44. Permittee shall be subject to review and compliance of the above-listed conditions. The County may enter onto the premises at reasonable times and in a reasonable manner to insure the permit holder is in compliance with the conditions and all other applicable statutes, rules, and ordinances. The County Board shall reserve the right to impose additional restrictions or conditions to the issuance of a Conditional Use Permit, as it deems necessary to protect the public interest. These conditions or restrictions may include matters relating to appearance, lighting, hours of operation and performance characteristics. Restrictive covenants may be entered into regarding such matters, when appropriate. A Conditional Use Permit shall become void one (1) year after being granted by the County Board unless used or if discontinued for a period of ninety (90) days. The County Board may prescribe a different time limit within which the action for which the Conditional Use is required shall commence, or be completed, or both. Failure to commence, or complete, or both, such action within the time limit set shall void the Conditional Use Permit. A Conditional Use Permit shall be issued for a particular use on a specific parcel and not for a particular person or firm. The Board of Commissioner may impose other specific conditions the Board deems necessary to protect the health, safety, comfort, morals, or general welfare of the public at any time in the future. Failure to comply with any of the above-listed conditions shall be grounds for suspension or revocation of the Conditional Use Permit

EXPLANATION OF FISCAL/FTE IMPACTS None.

Supporting Documents: Attachment “A”: Conditional Use Permit and Attachments Attachment “B”: Findings of Facts (not for recording purposes)

Administrator’s Comments: Reviewed By (if required): ☐ Recommend Action ☐ County Attorney’s Office ☐ Do Not Recommend Action ☐ Risk Management ☐ Reviewed – No Recommendation ☐ Human Resources ☐ Reviewed – Information Only ☐ Information Technology ☐ Submitted at Commissioner Request ☐ Building and Grounds

County Administrator

September 30, 2020 Do not write above this line - Recorder use only CONDITIONAL USE PERMIT WASECA COUNTY Date: October 6, 2020

Property Owner: Doreen R Eaton 36652 Clear Lake Dr. Waseca, MN 56093

Project Developer: Ulland Brothers 2400 Myers Road Albert Lea, MN 56007

Property Address: TBD

Township Name: Otisco

Parcel Identification No: 08.010.1200

Legal Description: See Exhibit “B”

Proposed Use of Land:

Request for a Conditional Use Permit (CUP) to mine aggregate materials on a previously mined and reclaimed parcel (PID: 08.010.1200) which is approximately 30.92 acres belonging to Doreen R Eaton in Section 10, T106N R22W of Otisco Township. The parcel is located within the A-1 Agricultural Protection Zoning District and the SO Shoreland Overlay District (not to be mined) and Mineral Extraction, Mining are allowed in this zoning district as Conditional Uses as specified in §4.13 and §6.08 of the Waseca County Unified Development Code (UDC). The applicants previously mined the site under a Land Alteration Permit issued in 2008.

Attachments: Attachment “A” – Conditions required for approval of the Conditional Use Permit Attachment “B” – Legal Description Attachment “C” – Site Plan Attachment “D” – Reclamation Plan

Doreen R Eaton | Ulland Brothers | Gravel Pit, Mining and Material Excavation | 08.010.1200 Conditional Use Permit Page 1 of 10 THE COUNTY BOARD MOTION TO ADOPT FINDINGS OF FACT AND THE COUNTY BOARD CONCLUSIONS AND ORDER

The Waseca County Board of Commissioners have read the Findings of Facts referenced herein as provided to the County Board and on file in the office of the Planning and Zoning Department along with supporting information including the staff reports, and the Criteria for approval of the Conditional Use Permit that were recommended by the Waseca County Planning Commission which are included by reference with this report. The Criteria for approval are on file and of record in the office of the Waseca County Planning and Zoning Department and are incorporated in the Findings by reference. The Waseca Planning Commission took testimony at a public hearing and prepared the criteria for approval at the Planning Commission Meeting held on Thursday September 3, 2020. The Board hereby adopts these Findings of Fact regarding the approval of the request for a Conditional Use Permit application as described above and as recommended by the Planning Commission and of record in the Waseca County Planning and Zoning Office.

The Waseca County Board also approves the recommendation of the Planning Commission to approve the request for a Conditional Use Permit in substantially the form as provided, with the conditions as outlined in Attachment “A” with all other local, state, and federal regulations.

Motion by______Second by ______Vote ____Yes ____No

WASECA COUNTY

Dated: ______Doug Christopherson, Chairman Waseca County Board of Commissioners

A T T E S T

Dated: ______Tamara J. Spooner Waseca County Auditor Treasurer

This Document was drafted by: Waseca County Planning and Zoning 300 N State St, Waseca, MN 56093

Doreen R Eaton | Ulland Brothers | Gravel Pit, Mining and Material Excavation | 08.010.1200 Conditional Use Permit Page 2 of 10 ATTACHMENT “A”

CONDITIONS REQUIRED FOR APPROVAL OF THE CONDITIONAL USE PERMIT

Standards/Regulations: 1. The requested use shall conform to all County Ordinances, State and Federal regulations, including but not limited to, a N.P.D.E.S. (National Pollutants Discharge Elimination System Permit and Industrial Storm water Permit (or a combined permit) with the Minnesota Pollution Control Agency (MPCA), adhere to the MPCA Noise regulations, and if necessary, obtain a Minnesota Department of Natural Resources (DNR) Water Appropriations Permit, Army Corps of Engineers Permit, and any or all other permits as necessary. In addition, the Minnesota Pollution Control Agency Environmental Management Aggregate Operations shall be used as a guidance tool and reference document for the permittee/operator/owner. A permit to access 155th Street (County Road 283) must be obtained from the Waseca County Highway Department.

Site Plans: 2. Development and operation of the use shall be in substantial conformance with the site plan drawings and plans and specifications as provided and on file in the office of the Waseca County Planning and Zoning Department. Project timetable shall also be submitted to the Waseca County Planning and Zoning Department. The construction plans must demonstrate the facility will not be impacted by potential flood waters. Setbacks to property lines and approved setbacks to adjacent residences shall be mark with surface markers (posts) to alert mine operators of the limits of construction. Structures, storage of excavated materials, topsoil, and the excavation edge shall be setback at least 300 feet from any protected water, at least 100 feet from the adjoining north and east property lines and 100 feet from the right-of-way of 155th Street. Construction on the west side must be at least 350 feet from any residence. 3. For the purposes of this permit, the permittee/operator/owner is granted the ability to mine, crush, wash, refine and process the excavated product, perform site reclamation, post a sign. The permittee/operator/owner shall undertake the project according to the plans and specifications submitted to the county with the application and developed during the hearing process. This permit is to include temporary equipment placement and storage.

Operations 4. An operations plan for the facility shall be provided to and kept on file in the office of the Waseca County Planning and Zoning Department. The operations plan shall also be provided to the Waseca County Sheriff’s Department and the township fire department. The plan shall include an emergency contact. 5. Limit the hours of operation from 7 a.m. to 6 p.m. Monday through Friday and from 7 a.m. to 12:00 p.m. Saturday and there shall be no mining activities on the following observed holidays: New Year’s Day, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas Day. A one hour quiet start up is allowed prior to the above-established times. 6. The permittee/operator/owner is prohibited from using explosives and/or blasting to mine the materials from this site. 7. The Permittee/owner/operator shall not allow any other person, firm, partnership, association, or corporation to conduct mining operation(s) at the site, other than hauling to or from the pit without (1) obtaining the prior written consent of the Planning Commission and Board of Doreen R Eaton | Ulland Brothers | Gravel Pit, Mining and Material Excavation | 08.010.1200 Conditional Use Permit Page 3 of 10 Commissioners and (2) receiving written acknowledgement of said other person, firm, partnership, association, or corporation that he/she/they/it/ agree(s) to be bound by the requirements of the mining operation(s) permit in effect, and has obtained a surety (performance) bond guaranteeing the other entities performance as permittee. Subcontractors of the permittee shall be allowed to perform mining operations under the direct supervision of the permittee. The subcontractor shall follow all applicable rules, standards, laws, regulations, or permit conditions pertaining to mining operations. The permittee shall be responsible for any violations of this permit caused or committed by any subcontractor.

Environmental/Water Issues: 8. Keep any pit excavation, or impounded waters within the limits for which this permit is granted. 9. Any soils contamination shall be mitigated as required by the Minnesota Pollution Control Agency and the appropriate authorities in the matter shall be promptly notified. The Minnesota Duty Officer is available 24 hours per day by calling 1-800-422-0798. 10. Weeds and any other unsightly or noxious vegetation shall be cut or trimmed as may be necessary to preserve a reasonably neat appearance and to prevent seeding on adjoining property. 11. Human waste disposal, if applicable, shall be by an approved method of the Waseca County Public Health Department. 12. The mining operation shall not be allowed to interfere with surface water drainage beyond the boundaries of the mining operation. The mining operation shall not adversely affect the quality or quantity of surface or subsurface water resources. Surface water originating outside and passing through the mining district shall, at its point of departure the mining site, be of equal or better quality to the water where it enters the mining site. The mining operator shall perform any water treatment necessary to comply with this provision at his/her/their expense. 13. The Owner/Permittee must provide, for the purpose of retaining impounded waters, a containment area sufficient strength and durability to maintain such containment area in a safe and proper condition. 14. The creation of wildlife ponds, pollution control structures, and erosion control structures shall not require an additional Conditional Use Permit, provided that said construction plan is approved by Waseca County Planning and Zoning under consultation with the Waseca County Soil and Water Conservation District and abides by all other applicable rules, regulations, and ordinances. 15. Abandoned wells must be sealed in accordance with State and County requirements. 16. On-site water supply and sewage treatment systems shall meet or exceed MN Rules 7080 and Waseca County SSTS Ordinance(s). 17. Wetlands: Wetlands are protected by Minnesota Statute. A wetland delineation may be required by the Waseca County Water Resource Specialist prior to the commencement of mining operations. No property owner shall conduct any activity within the wetland without prior authorization from Waseca County. A permanent post shall be erected at the wetland delineation line to insure the protection of the wetlands.

Trees: 18. No trees shall be removed to extract materials from the site. 19. In areas that are not mined, trees and natural vegetation shall be maintained and or left undisturbed to maintain a natural landscape, to prevent soil erosion

Doreen R Eaton | Ulland Brothers | Gravel Pit, Mining and Material Excavation | 08.010.1200 Conditional Use Permit Page 4 of 10 Road Issues: 20. The Board reserves the right to order and direct what public ways can be used as ingress/egress to the site to protect the public from unnecessary road damage and any expenses to repair such public roads. Road weight postings shall be honored at all times. 21. Trucks used in hauling materials from the site of excavation shall be loaded in such a manner as to minimize spillage onto public roadways. Precautions must be taken to minimize the deposit of dirt and mined materials onto public roads or highways. Any spillage resulting from overloading or from adhering to truck tires shall be removed at regular intervals to protect the safety of the traveling public. 22. Dust control measures shall be utilized upon the site so as not to create a nuisance to the adjoining properties. Proposed measures for dust control include, but are not limited to watering of the surface and the use of sodium chloride as means of dust control. 23. The excavation area shall be fenced at the access points of the operation. The entrances shall be secured with an iron pipe gate (or other gate structure as approved by the County Board) at the entrances to the pit. The gate is to be locked during non-operating hours. 24. All access roads from mining operations to public highways, roads or streets to adjoining property shall be paved or surfaced with gravel to minimize dust conditions. 25. No fence, wall, structure planting or other obstruction shall be permitted over three feet in height within twenty-five (25) feet of any road right-of-way-ingress/egress intersection in order to ensure visibility across such intersection. Privacy fences, walls hedges or shrubbery may be erected, placed, and maintained except, as they may constitute a safety hazard. 26. Any encroachment into utility right-of-ways shall only be permitted with the written approval of the affected utility. 27. The permittee/operator/owner of a mining operation shall be responsible for extraordinary maintenance and restoration of all county/township roads leading to the mining operation that may be damaged due to activities involving the mining operation unless the owner/operator/ can prove that the mining operation was not the cause of the roadway damage. All maintenance and restoration of roads shall be done with the approval of the road authority and to the road authority’s satisfaction.

Crushing: 28. Crushing of on-site/off-site materials is limited to ten (10) days per year and must be completed during permitted operational dates and times (See Condition No. 6); 29. No crushing shall occur within the any wetland.

Insurance: 30. The permittee/operator/owner shall acquire and keep in force for the duration of the permit, liability insurance, in the amount of one million dollars ($1 Million), specifically covering the mining and/or restoration and related operations. The permittee/operator/owner shall provide a certificate of insurance to the Waseca County Zoning Office.

Performance Bond 31. A performance surety shall be provided in the amount of $75,000.00. The surety shall be used to reimburse the County for any monies, labor, or material expended to bring the operation into compliance with the conditions of the permit

Doreen R Eaton | Ulland Brothers | Gravel Pit, Mining and Material Excavation | 08.010.1200 Conditional Use Permit Page 5 of 10 Mining/Reclamation: 32. Slope the banks and otherwise properly guard and keep any pit or excavation in such condition as not to be dangerous from caving or sliding banks. 33. Stabilize overburden material and minimize the area that is exposed to erosion. 34. Mining shall not be conducted closer than 75 feet of adjoining property lines and shall not be conducted closer than 75 feet to the right-of-way line of any existing or platted street, road, or highway, except that excavation may be conducted within such limits in order to reduce the elevation thereof in conforming to the existing or platted street, road or highway, unless a variance has been granted. 35. All equipment used for mining operations shall be constructed, maintained and operated in such a manner as to minimize, as much as practicable, noise, vibrations, dirt and dust, or other activities, which are injurious to persons living in the vicinity. A berm or berms shall be created and utilized as a barrier between a sending unit to a receiving unit to decrease decibel levels and to assist in decreasing noise levels, which may have the potential to create nuisance effects. 36. Excavating or stockpiling of materials shall not be conducted closer than one hundred feet to the right-of-way line of any existing or platted street, road, or highway, where such excavation may create a traffic or line of site problem. 37. All restoration shall include the application of a minimum of 6 inches of topsoil or similar matter that will support plant growth. The applicant shall upon stockpiling of overburden separate to the best of their ability the topsoil from the subsoil to retain the productivity of the soils after reclamation. The recommended topsoil shall be from 6-10 inches in depth to provide for a fertile soil for plant productivity after reclamation. The applicant shall not be required to purchase additional topsoil to meet this requirement, but shall retain and utilize the resource available to him/her onsite. The finished grade shall be such that it will not adversely affect the surrounding land or future development of the site upon which mining operations have been conducted. The finished plan shall restore the mining site to a condition whereby it can be utilized for the type of land use proposed to occupy the site after mining operations cease.

38. Grading Standards: i. Final grades shall be in conformity with the topography of the surrounding land, and ii. The land to be restored shall be for crop production of which no slope shall exceed 20% (5:1) iii. The cover material (top soil) shall not be sold or removed from the site and shall be used to reclaim this property. Additional topsoil remaining after the 6-10-inch reclamation may be sold provided the permittee could demonstrate they met or exceeded the topsoil reclamation requirements. iv. All restored areas shall be seeded with a mixture recommended by the Soil and Water Conservation Service or returned to crop production. The permit may include reforestation. Reforestation requirements shall be based on the recommendations of the Waseca County Soil and Water Conservation District. The mining site shall be rehabilitated immediately after mining operations cease. Rehabilitation shall be completed within 1 year and v. Within 6 months after cessation or abandonment of the pit and its operation all buildings, structures, machinery, equipment, and plants incidental to the operation shall be dismantled and removed by, and at the expense of, the mining operator. A temporary variance may be granted for those buildings, structures, machinery, equipment and plants. Doreen R Eaton | Ulland Brothers | Gravel Pit, Mining and Material Excavation | 08.010.1200 Conditional Use Permit Page 6 of 10 vi. Upon completion of the reclamation project, the permittee/operator/owner shall notify the Waseca County Planning and Zoning Office who shall then inspect the site to determine if it is in accordance with the approved reclamation plan. If the site is not in accordance with the approved reclamation plan, the Planning and Zoning Administrator shall notify the permittee/operator/owner of its deficiencies and the operator shall correct the deficiencies. When the site is in accordance with the plan, the Planning and Zoning Administrator shall issue a letter of acceptance of the site to the permittee/operator/owner and the County shall release the performance bond/surety bond. 39. The applicant, permittee, owner, and/or operator shall at all times take precautionary measures, best management practices, to prevent erosion of soils and mined materials/ 40. All chemicals, hazardous materials, waste, and nutrients and/or etc. shall be properly used or disposed of by legal, environmentally sound methods. Any spills resulting from the use of such chemicals, hazardous materials and etc. shall be properly reported, contained and mitigated as the Minnesota Pollution control agency may deem necessary. The State Duty Officer phone number is 1-800-422-0798; and 41. The area shall be kept neat and clean and shall not constitute a nuisance or be kept unsightly. 42. An erosion control plan shall be implemented during any construction period to prevent soil erosion during all construction phases upon the property.

Duration, Failure to Comply and Review: 43. This Conditional Use Permit shall be valid for a period of five (5) years from its issuance and must be renewed at that time or the site completely restored. Failure to renew the permit or to restore the site shall result in the county exercising the bond and using the proceeds to restore and properly close the site 44. Permittee shall be subject to review and compliance of the above-listed conditions. The County may enter onto the premises at reasonable times and in a reasonable manner to insure the permit holder is in compliance with the conditions and all other applicable statutes, rules, and ordinances. The County Board shall reserve the right to impose additional restrictions or conditions to the issuance of a Conditional Use Permit, as it deems necessary to protect the public interest. These conditions or restrictions may include matters relating to appearance, lighting, hours of operation and performance characteristics. Restrictive covenants may be entered into regarding such matters, when appropriate. A Conditional Use Permit shall become void one (1) year after being granted by the County Board unless used or if discontinued for a period of ninety (90) days. The County Board may prescribe a different time limit within which the action for which the Conditional Use is required shall commence, or be completed, or both. Failure to commence, or complete, or both, such action within the time limit set shall void the Conditional Use Permit. A Conditional Use Permit shall be issued for a particular use on a specific parcel and not for a particular person or firm. The Board of Commissioner may impose other specific conditions the Board deems necessary to protect the health, safety, comfort, morals, or general welfare of the public at any time in the future. Failure to comply with any of the above-listed conditions shall be grounds for suspension or revocation of the Conditional Use Permit.

Doreen R Eaton | Ulland Brothers | Gravel Pit, Mining and Material Excavation | 08.010.1200 Conditional Use Permit Page 7 of 10 ATTACHMENT “B” Legal Description (To be Provided)

Doreen R Eaton | Ulland Brothers | Gravel Pit, Mining and Material Excavation | 08.010.1200 Conditional Use Permit Page 8 of 10 ATTACHMENT “C” Site Plan

Doreen R Eaton | Ulland Brothers | Gravel Pit, Mining and Material Excavation | 08.010.1200 Conditional Use Permit Page 9 of 10 ATTACHMENT “D” Site Plan – Reclamation (To be Provided)

Doreen R Eaton | Ulland Brothers | Gravel Pit, Mining and Material Excavation | 08.010.1200 Conditional Use Permit Page 10 of 10 Not for Recording Purposes Pentagon Materials Inc. and Joseph Sack Conditional Use Permit to mine, excavate, process and stockpile sand and gravel aggregate materials in Section 33 of Janesville Township June 16, 2020

FINDINGS OF FACT

1. On August 6, 2020, Doreen R Eaton (Ulland Brothers – Contractors), presented an application for a Conditional Use Permit (CUP) to mine aggregate materials on a previously mined and reclaimed parcel (PID: 08.010.1200) which is approximately 30.92 acres belonging to Doreen R Eaton in Section 10, T106N R22W of Otisco Township. The parcel is located within the A-1 Agricultural Protection Zoning District and Mineral Extraction, Mining are allowed in this zoning district as Conditional Uses as specified in §4.13 and §6.08 of the Waseca County Unified Development Code (UDC). The applicants previously mined the site under a Land Alteration Permit issued in 2008. Legal description for the proposed development site is yet to be provided. 2. As of the date of the application, the above-listed application was on file for public inspection in the Waseca County Planning and Zoning Office. The above listed application and supporting documents are incorporated into these Findings by reference. 3. Notice of the public hearing scheduled for on the applicants’ request for a conditional use permit was published in the Waseca County News (the 2020 official newspaper for Waseca County) on August 20, 2020. The Affidavit of Publication is included in the files and are incorporated herein by reference.

4. On or before August 21, 2020, the Planning and Zoning Office notified owners of nearby properties and all of the Township Officers as per requirements of the Unified Development Code for the public hearing scheduled for September 3, 2020 by first-class mail. The Affidavits of mailing are included in the file and are incorporated herein by reference. Staff reports were provided by email to the Minnesota Department of Transportation, the Minnesota Department of Natural Resources, Waseca Public Health Services Department, the Waseca County Sheriff, the Waseca County Attorney and the Waseca County Highway Department port for their comments and review.

5. On August 28, 2020, the Planning and Zoning Office notified the applicants in writing about the 60 days extension of the required timeline deadline for agency action as per the Minnesota Statute Chapter 15.99.

6. On August 28, 2020, Planning and Zoning Department staff sent the staff report to the members of the Waseca County Planning Commission by first-class mail regarding the application and accompanying documents. This staff report is incorporated in these Findings by reference. Attachments included: i. Staff Analysis of Criteria, ii. Recommended Conditions, if granting, iii. Application materials as submitted and documented.

7. On September 3, 2020, Mark Leiferman, Waseca County Planning and Zoning Administrator, presented a PowerPoint presentation highlighting the applicants request, site data and approvals for the Conditional Use Permit for Doreen R Eaton and Ulland Brothers’ (Contractors) request. The information provided was based on a staff report provided to the Planning Commission prior to the meeting. 8. The following is an extract of the draft Planning Commission minutes of the meeting held on September 3, 2020 starting at 7:30 p.m.:

Doreen R Eaton | Ulland Brothers | Gravel Pit, Mining and Material Excavation Conditional Use Permit PID: 08.010.1200 Not for Recording Purposes WASECA COUNTY PLANNING COMMISSION MEETING MINUTES OF SEPTEMBER 3, 2020

CALL TO ORDER/ESTABLISH A QUORUM A quorum to conduct business was established and the Chair Russ Frederick called the Waseca County Planning Commission meeting to order at 7:30 p.m. at the meeting room in the East Annex Building. MEMBERS PRESENT DeAnne Malterer, Russ Frederick, Leon Schoenrock, Stephanie Roemhildt, Marv Pearson, Mark Sommers (arrived late).

MEMBERS ABSENT None

STAFF PRESENT Mark Leiferman, Planning and Zoning Administrator, Maame Yorke, Planning and Zoning Specialist.

OTHERS PRESENT Names include as seen on sign-in sheet. Spellings of names shown as best as possible from handwritten signatures. Scott Tempel (online), Jon Erichson (online), Mitch Froehlich (online).

APPROVAL OF AGENDA Pearson made a motion to approve the agenda with Schoenrock seconding. Motion passed unanimously.

REVIEW/APPROVAL OF MINUTES – August 6, 2020 Malterer made a motion with Schoenrock seconding to approve the August 6, 2020 minutes. Motion passed unanimously.

PUBLIC HEARINGS:

A. Request for a Conditional Use Permit (CUP) to construct and operate a one (1) Megawatt Community Solar Farm in Section 8 of Otisco Township – Novel Energy Solutions. Leiferman started the public hearing for a Conditional Use Permit to construct and operate a one Megawatt solar farm in Waseca County by presenting a PowerPoint. The developer for the solar garden is Novel Energy Solutions. The owner of the site is David J. Winegar and the property address is yet to be assigned but located in Section 8 of Otisco Township. The applicant submitted an application on August 3, 2020. First class mail notices were sent to adjacent property owners within a quarter mile from the proposed site on August 21, 2020. Legal notice of public hearing was published in the newspaper on August 20, 2020. 60-day from the date of application is October 2, 2020. 60-days’ notice extension was provided to the applicant on August 28, 2020 (extension requested from the Applicants). Comprehensive Plan extracts: The land use plan as part of the county’s comprehensive plan calls for the area’s development as agricultural uses. The use relates to the comprehensive plan in the following ways: o Infrastructure Vision Statement: the Waseca County will plan for, construct and maintain infrastructure that is safe, affordable, environmentally sound, aesthetically pleasing and allows for managed growth. The land use plan relates to the goal states in that it provides opportunity for economic development in ways compatible with Waseca County’s natural and built environment.

Doreen R Eaton | Ulland Brothers | Gravel Pit, Mining and Material Excavation Conditional Use Permit PID: 08.010.1200 Not for Recording Purposes Leiferman showed the zoning Map extract of the area. The map places the area in the A-1 Agricultural Protection zoning district. Leiferman then asked to dispense reading the full explanation of the solar farm code which is outlined below: Unified development Code (UDC) Extract: § 6.08 A-1 AGRICULTURAL PROTECTION DISTRICT STANDARDS (C) Conditional uses (see Article 4 for accessory uses). Accessory uses are subject to the standards found in Articles 3, 4 and 6 of this ordinance: (36) Solar farms. § 6.16 SPECIFIC STANDARDS FOR COMMERCIAL AND INDUSTRIAL USES. (OO) Solar farms. Solar farms are the primary land use for the parcel on which the array is located and are distinguished from solar arrays that are an accessory use. Solar farms are composed of multiple solar panels on multiple mounting systems (poles or racks), and generally have a direct current (DC) rated capacity greater than 100 kilowatts. Solar farms are permitted by conditional use permit and/or by zoning permit. (1) Stormwater management and erosion and sediment control. Stormwater management and erosion and sediment control shall meet the requirements of § 5.04. (2) Setbacks. All solar panels in the array will be considered a principal use and shall be required to meet the setbacks of a principal structure. (3) Foundations. The manufacturer’s engineer or another qualified engineer shall certify that the foundation and design of the solar panels is within accepted professional standards, given local soil and climate conditions. (4) Other standards and codes. All solar farms shall be in compliance with any applicable local, state and federal regulatory standards, including the State Uniform Building Code, as amended; and the National Electric Code, as amended. (5) Power and communication lines. Power and communication lines running between banks of solar panels and to electric substations or interconnections with buildings shall be buried underground. Exemptions may be granted by the Planning and Zoning Administrator in instances where shallow bedrock, watercourses or other elements of the natural landscape interfere with the ability to bury lines. (6) Application requirements for conditional use or zoning permit. A site plan of existing conditions showing the following (any drawing shall be submitted in paper format drawn to scale and in AutoCAD DWG format): (a) Existing property lines and property lines extending 100 feet from the exterior boundaries, including the names of the adjacent property owners and current use of those properties; (b) Existing public and private roads, showing widths of the roads and any associated easements; (c) Location and size of any abandoned wells, sewage treatment systems and dumps; (d) Existing buildings and any impervious surface; (e) Topography at two-foot intervals and source of contour interval, unless determined otherwise by the Department. A contour map of the surrounding properties may also be required; (f) Existing vegetation (list type and percent of coverage; i.e., grassland, plowed field, wooded areas and the like); (g) Waterways, watercourses, lakes and public water wetlands; (h) Delineated wetland boundaries; (i) The 100-year flood elevation and regulatory flood protection elevation, if available; (j) Floodway, flood fringe and/or general floodplain district boundary, if applicable; (l) Mapped soils according to the county soil survey; (m) Surface water drainage patterns;

Doreen R Eaton | Ulland Brothers | Gravel Pit, Mining and Material Excavation Conditional Use Permit PID: 08.010.1200 Not for Recording Purposes (7) Site plan of proposed solar farm. The following information shall be provided to the Planning and Zoning Department prior to issuance of the conditional use permit or zoning permit (any drawing shall be submitted in paper format drawn to scale and in AutoCAD DWG format): (a) Location and spacing of solar panels; (b) Location of access roads; (c) Location of underground or overhead electric lines connecting the solar farm to the building, substation or other electric load; (d) New electrical equipment other than at the existing building or substation that is the connection point for the solar farm; and (e) Proposed erosion and sediment control measures and proposed stormwater management measures as required in Article 5 of this ordinance. (8) Large ground-mounted systems. Ground-mounted solar systems that result in the creation of one or more acres of impervious surface must comply with § 5.04. Sketch elevation of the premises accurately depicting the proposed solar energy conversion system and its relationship to structures on adjacent lots (if any). (9) Manufacturer’s specifications. Manufacturer’s specifications and recommended installation methods for all major equipment, including solar panels, mounting systems and foundations for poles or racks; (10) The number and size of the panels to be installed; (11) A description of the method of connecting the array to a building or substation; (12) A copy of any easement required to cross private property or any permit to use any public right-of-way to connect the project to the utility grid or substation. (13) A copy of the interconnection agreement with the local electric utility or a written explanation outlining why an interconnection agreement is not necessary; (14) Contractor’s name and license number; (15) Contractor certificate of liability insurance; and (16) A decommissioning plan shall be required to ensure that facilities are properly removed after their useful life. Decommissioning of solar panels must occur in the event they are not in use for 12 consecutive months. The plan shall include provisions for removal of all structures and foundations, restoration of soil and vegetation and a plan ensuring financial resources will be available to fully decommission the site. Disposal of structures and/or foundations shall meet the provisions of state law and the requirements of the county solid waste ordinance. The Board may require the posting of a bond, letter of credit or the establishment of an escrow account to ensure proper decommissioning in an amount equal to the estimated cost to restore the site if the use is discontinued. Leiferman after dispensing reading the solar code showed the Planning Commission a site plan for the project under review. Leiferman informed the planning commission that the solar panels were a tracking systems instead of the fixed system. Issues with the request 1. Road Access. The owners/lessees will use a proposed new road access onto State Highway 13. Waseca County Planning and Zoning may assign a new address for the facility. 2. Wetlands. Portions of the site appear on the National Wetland inventory but outside of the development area. A level 1 wetland delineation was submitted to Waseca County for review by the Water Resource Specialist and Technical Evaluation Panel (TEP) and a decision was made that there were no wetlands in the development area. 3. Erosion Control. The construction of the project will require a National Pollution Discharge Elimination Systems Permit (NPDES) from the Minnesota Pollution Control Agency if it is determined that the project will impact an area greater than one acre. Prior to commencement of Doreen R Eaton | Ulland Brothers | Gravel Pit, Mining and Material Excavation Conditional Use Permit PID: 08.010.1200 Not for Recording Purposes decommissioning activities, erosion control measures may also be required to be implemented. The type and extent of these measures would be dictated by the regulatory requirements at the time of decommissioning. 4. Proximity to Residential Uses. The Joachim Subdivision is located to the northwest of the proposed development site and there are no residences within a 1,000 from proposed community solar garden project. 5. Sound Emitted by the Project. The closest residences are more than 1,000 feet from the project solar panels. Since this is a solar project, operational noise will be generated during daylight periods. There should be limited sound after sunset. During operation, the main source of sound will be generated by the electric inverters, and to a lesser extent from the transformers. No information has been provided by the applicant regarding the potential noise produced by the facility. 6. Glare. Glare should have a minimal impact with the solar panels, as they have an anti-reflective coating. Their appearance is either black or a blue luminance. There have been issues with glare produced by two previous solar projects that are located near the Waseca Airport. Glare studies are not required for this project. 7. Signage. There may be a desire to install a sign for the proposed business. No sign plans have been provided with this request. 8. Decommissioning. A preliminary decommissioning plan has been provided with this request. A Decommission Plan and the security to decommission the facility must be approved by Waseca County Planning and Zoning Administrator and the Waseca County Attorney and recorded with the Conditional Use Permit. No decommissioning plan has been provided with this request. The Owner/Lessee shall provide an escrow deposit as security to decommission the Solar Farm of $45,000 in a form that is satisfactory to the Waseca County Attorney. Public Agency Comments An email containing the link to the staff report was provided to the Minnesota Department of Transportation, The Minnesota Department of Natural Resources, Waseca Public Health Services Department, The Waseca County Sheriff, the Waseca County Attorney and the Waseca County Highway Department for their review. An email was received from Shauna McIntire commenting on the solar project. Hi Angie, Traffic is providing three options for the applicant to obtain an access to their proposed solar farm. The options outlined are in order of MnDOT’s preference. All of the options ensure that no additional access is added to State Hwy 13. 1. Work with the land owner to the south to create a shared access on the parcel boundary, for access to the solar farm and the agricultural parcel to the south. 2. Use the existing field access on the north side of the parcel as the access to the field as well as the proposed solar farm. 3. Remove the field access at (2) and relocate to be across from the existing field entrance on the east side of State Hwy 13 (3). This access would be used for both field access as well as the solar farm. Let me know if you have any questions/comments/concerns. -Shauna. There were no government agencies present at the meeting both online or in the conference room to comment on the project.

Doreen R Eaton | Ulland Brothers | Gravel Pit, Mining and Material Excavation Conditional Use Permit PID: 08.010.1200 Not for Recording Purposes Township Review: A copy of the notice of public hearing was provided to the Otisco Township for their consideration. Public Comments: Public hearing notices were sent to adjacent property owners. No written correspondence has been received from any neighboring property owner or other members of the public. Frederick opened the public hearing at 7:45 p.m. Scott Tempel from Novel Energy Solutions provided applicant comment on the proposed project. He informed that Novel energy will screen the site should it be a requirement and deemed necessary. Leiferman suggested the planning commission required a planting plan at some point in the future especially in situations where the solar farm proves to be a safety concern owing to it being along a state highway. He then made reference to the applicant’s CUP submitted materials which talked about screening: Screening will be provided on the east side of the site. The screening will consist of trees to screen from the adjacent ROW. Following construction of the arrays and any other project requirements, vegetation will be established to ensure soil stabilization, improve storm water quality, and for site beautification. Low Maintenance Turf seed mix or similar seed mix is utilized. Native grasses or specific pollinator plantings will be utilized in accordance with the attached landscaping plan. Once established, this site will filtrate surface waters and minimize erosion even better than traditional croplands. Additional site visits and pro-active weed identification and control will occur in the earlier seasons of the vegetative growth to ensure proper site development. Regular site maintenance will occur throughout the life of the system Fredrick asked about glare for this project. Leiferman explained that the panels were coated and as such glare is not anticipated to be an issue with this project. Schoenrock asked the relationship between the road and the height of the panels. Fredrick responded he used the road daily and the panels might be lower. The public hearing was closed at 7:47 p.m. Criteria and Proposed Findings: 1. Will the proposed use have an adverse impact on the health, safety, and general welfare of the occupants in the surrounding neighborhood?  The planned solar array has a very low profile with the top of the modules rising only 15 feet above the surface of the ground. The specifications as submitted include a fence that will slightly obscure the site of the project. The construction plans must demonstrate the facility will not be impacted by potential flood waters.

2. Will the proposed use have an adverse impact on traffic conditions including parking?  The proposed use is not anticipated to impact (adverse) on traffic conditions including parking. Daytime traffic from pickup trucks, semi-trailers during construction for delivery of equipment and other machinery is estimated to be minimal. There will be parked vehicles near the proposed solar site during the six to eight week construction period but this is not anticipated to impact traffic adversely. Once the system is up and operating, it is estimated that there will be between two and four visits to the site in a year for maintenance thus traffic conditions and parking is not anticipated to be impacted adversely post construction.

3. Are there adequate public utilities, public services, road, and schools to support the proposed use of the property?  The project will generate electricity and has been placed on the site to tie into a three phase line on State Highway 13. There are adequate public utilities, public services, roads, and schools to support the proposed use of the property.

4. Will the proposed use have an adverse effect on property values or future development of land in the surrounding neighborhood?

Doreen R Eaton | Ulland Brothers | Gravel Pit, Mining and Material Excavation Conditional Use Permit PID: 08.010.1200 Not for Recording Purposes  The Waseca County Assessor has previously reported that Solar Garden projects should not have an adverse effect on property values or future development of land in the surrounding neighborhood.

5. Is the proposed use of the property consistent with the goals and policies adopted in the Comprehensive Plan?  The proposed is in the public interest and consistent with the Comprehensive Plan and relates to the infrastructure vision statement and one of the economic development goals in the comprehensive plan.

6. Does the proposed use meet the standards of the Zoning Ordinance including that the use is allowed with a Conditional Use Permit in the designated zoning district in which it is proposed?  Solar farm is a conditional use in the A-1 Agricultural Protection District. The Waseca County Unified Development Code places Solar Farms as a Conditional Use in the A-1 Agricultural Protection Districts. A site plan has been submitted for this site. The facility should meet the UDC requirements if all conditions are adhered to.

7. Will the proposed use have an adverse effect on the environment, including pollution and including impacts on groundwater, surface water and surface water runoff, and air quality?  There appear to be no wetlands present in the development area. The impacts to groundwater, surface water and surface water runoff, and air quality should be minimal with this project with the greatest impacts occurring during construction and decommissioning of the facility. These issues should be addressed with proper storm water management measures and/or required permits prior to commencement of construction activities. An Environmental Assessment Worksheet (EAW) is not required for this request. A National Pollutant Discharge Elimination System (NPDES) permit may be required with this application.

8. Will the proposed us have an effect (adverse) on existing natural, historic, or scenic views or features in the surrounding neighborhood?  The array is located along State Highway13 south of Buffalo Garden LLC and Severson Garden LLC. The proposed use is not anticipated to have an effect (adverse) on existing natural, historic or scenic views or features in the surrounding neighborhood.

9. Are there other provisions within the Waseca County Unified Development Code, Minnesota State Law or Federal Law that will impact the approval of the Conditional Use Permit?  All other required provisions shall apply which include, but not limited to, Minnesota State Building and Electrical Codes, National Pollutant Discharge Elimination System (NPDES) permits, etc. Conditions for Approval Staff recommends approval of the request if the Waseca county Planning Commission finds that the proposal meets the standard criteria for approval. If approved, staff recommends the following conditions be applied. 1. Standards/Regulations: All County, State, and Federal laws, regulations, and ordinances shall be complied with and all necessary permits obtained. All permits shall be obtained within 12 months of approval and construction completed within one (1) year of approval of receipt of the Waseca County Zoning Permit. Although there is no significant earthwork in this project, there may be tile lines that cross this site. Any damage to tiles must be repaired by the Owner/Lessee. In addition, a National Pollutant Discharge Elimination System (NPDES) permit may be required with this application if it is expected that the area disturbed will exceed one acre. With regards to storm water management, the project must adhere to Minnesota Pollution Control Agency (MPCA) Construction Storm water Permit Requirements and also any NPDES storm water permit. Since the developers are proposing to use an existing gravel road that services solar farm to the east of the proposed site, they may need to seek the appropriate permission from the owners of Buffalo Garden LLC.

Doreen R Eaton | Ulland Brothers | Gravel Pit, Mining and Material Excavation Conditional Use Permit PID: 08.010.1200 Not for Recording Purposes

2. Site and Building Plans: Development and operation of the use shall be in substantial conformance with the site plan drawings and plans and specifications as provided and on file in the office of the Waseca County Planning and Zoning Department. Project timetable shall also be submitted to the Waseca County Planning and Zoning Department. The construction plans must demonstrate the facility will not be impacted by potential flood waters. The Owner/Lessee/Operator must obtain an appropriate permit from the Minnesota Department of Transportation (MNDOT) to access the site from State Highway 13.

3. Planting Plan: A planting plan indicating the permanent vegetative crops to be planted shall be approved by the Waseca County Planning and Zoning Administrator and shall be planted within the fenced project area prior to commencement of operations of the facility. All noxious weed laws shall be followed and the areas shall be kept in a neat and tidy condition at all times and kept free of any noxious weeds. Trees planted on the easterly side of the facility shall be approved by the Waseca County Soil and Water Conservation District.

4. Wetland Conservation Act: The wetland delineation report must be approved by the Waseca County Water Resource Specialist in possible consultation with Waseca County Technical Evaluation Panel (TEP).

5. Operations: An operations plan for the facility shall be provided to and kept on file in the office of the Waseca County Planning and Zoning Department. The operations plan shall also be provided to the Waseca County Sheriff’s Department and the township fire department. The plan shall include an emergency contact.

6. Decommissioning Plan: The Decommissioning Plan shall be approved by the Waseca County Planning and Zoning Administrator and the Waseca County Attorney and recorded with the Conditional Use Permit. The Owner/Lessee shall provide a cash escrow to decommission the Solar Farm of $45,000 in a form that is satisfactory to the Waseca County Attorney.

7. Duration, Failure to Comply and Review: A Conditional Use Permit shall become void one (1) year after being granted by the County Board unless used or if discontinued for a period of ninety (90) days. The County Board may prescribe a different time limit within which the action for which the Conditional Use is required shall commence, or be completed, or both. Failure to commence, or complete, or both, such action within the time limit set shall void the Conditional Use Permit. Conditional Use Permit shall be issued for a particular use on a specific parcel and not for a particular person or firm. Owner/operator shall allow periodic inspection of the facility by Waseca County personnel, including, but not limited to, Waseca County Zoning Administrator and/or staff or assignee, Public Health Department, Environmental Health Department, Waseca County Sheriff’s Department or Minnesota Pollution Control Agency staff, to determine if the terms and conditions of this Conditional Use Permit are being complied with. Failure to comply with any of the above-listed conditions shall be grounds for suspension or revocation of the Conditional Use Permit. This Conditional Use Permit may be reviewed upon an annual basis and shall be subject to any additions or modifications deemed necessary in order to meet governmental requirements. Malterer made a motion to approve the criteria. Schoenrock seconded and motion was passed unanimously with 5 Yes 0 No. Pearson made a motion to approve the conditions and recommend approval to the Board of Commissioners. Sommers seconded and it was passed unanimously with 5 Yes 0 No.

B. Request for a Conditional Use Permit (CUP) to allow mining of aggregate materials in Section 10 of Otisco Township – Doreen R Eaton (Ulland Brothers – Contractor). Doreen R Eaton | Ulland Brothers | Gravel Pit, Mining and Material Excavation Conditional Use Permit PID: 08.010.1200 Not for Recording Purposes Leiferman started the public hearing for a Conditional Use Permit stated above. The owner of the site is Doreen R Eaton and the property address is yet to be determined in Section 10 of Otisco Township. Application was submitted on August 6, 2020. First class mail notices were sent to adjacent property owners within a quarter mile from the proposed site by August 21, 2020. Legal notice of public hearing was published in the newspaper on August 20, 2020. 60-day from the date of application is October 5, 2020. 60-days’ notice extension was provided to the applicant on August 28, 2020 (extension requested from the Applicants). Comprehensive Plan extracts: The Conditional Use is consistent with the goals and policies established in the Waseca County Land Use Plan. The proposed development area is located in agricultural/open space area. This proposal indirectly relates to the infrastructure and transportation vision statement of the county since aggregate materials are needed for construct roads at a cost effective price. o Transportation Vision Statement: Waseca County will have a transportation system that facilitates and strengthens its economic vitality and effectively moves people to and from required destinations. Leiferman showed the zoning Map extract of the area. The map places the area in the A-1 Agricultural Protection zoning district. He then showed the Planning Commission a site plan for the project under review and explained the applicants’ proposals from the site plan. Issues with the request 1. Dust. The county has received several complaints regarding dust from a similar mining operation located close to residences. Since this operation will occur close to two residences, the applicants should put in measures to minimize dust or mitigate this nuisance.

2. Wetlands. Portions of the site appear on the National Wetland inventory. As stated, a wetland delineation will be submitted to Waseca County for review by the Water Resource Specialist and Technical Evaluation Panel (TEP) and must be completed when field conditions are suitable for onsite review.

3. Proximity to Residential Uses. There are two residences (PID: 08.10.0210 and 08.010.1205) located within a 1,000 feet of the property under review. Since these residences are within a 1,000 feet and will be mostly impacted by the operations of this excavation site, there is the need to request a variance to conduct activities within a 1,000 feet of these residences.

4. Road Access. The applicants are proposing to access the site at northwest corner of their property where it intersects with 155th Street. Appropriate permit or permission should be sought from the Waseca County Highway Department or any authority with jurisdictional control.

5. Road Condition. The contractors are proposing to use 155th street to access the parcel. The county has received several complains in the past concerning debris and rocks on the roads as a result of the operations on similar sites. The applicants should ensure the road is in good condition free from debris, dust and rocks.

6. Signage. There might be the desire to erect a sign onsite. No sign permit application has been received from the applicant.

7. Aesthetics. The applicants proposes to stockpile and store materials on site. This is not managed might not be aesthetically pleasing. The site should be free from debris.

8. Crushing: The application includes a request to allow screening and crushing of materials from the site. No Crushing of concrete and asphalt materials from street projects brought to the site will be

Doreen R Eaton | Ulland Brothers | Gravel Pit, Mining and Material Excavation Conditional Use Permit PID: 08.010.1200 Not for Recording Purposes allowed 10 days per year. There is often considerable noise and increased truck traffic associated with these activities.

9. Reclamation Plan: The reclamation plan only shows how the property might appear following the completion of the project. No reclamation plan has been provided by the applicant

10. Proximity to Little Le Sueur River. All Construction and storage of materials must be 300 feet from the LeSueur River and 100 feet from 155th Street

Note: Issue # 10 was added by Staff during the PowerPoint presentation and was not included in the staff report mailed to BOA members.

Public Agency Comments An email containing the link to the staff report was provided to the Minnesota Department of Transportation, The Minnesota Department of Natural Resources, Waseca Public Health Services Department, The Waseca County Sheriff, the Waseca County Attorney and the Waseca County Highway Department for their review. There were no government agencies present at the meeting both online or in the conference room to comment on the project. Township Review: A copy of the notice of public hearing was provided to the Otisco Township for their consideration. Public Comments: Public hearing notices were sent to adjacent property owners. No written correspondence has been received from any neighboring property owner or other members of the public. Frederick opened the public hearing at 8:10 p.m. Jon Erichson from Ulland Brothers provided more information about the proposed project. Sommers asked if the 10 day crushing requirement wasn’t enough by the applicant. Erichson responded they might have an outlier project where the 10 days might not be enough. Leiferman then suggested to the Planning Commission that the request could be recommended for approval by the County Board and have the applicant contest this condition at that meeting. There were discussions on the CUP request by the Planning Commission. The public hearing was closed at 8:17 p.m. Leiferman asked then presented staff prepared Criteria and Proposed Findings. The criteria and conditions are outlined below: Criteria and Proposed Findings: 1) Will the proposed use have an impact (adverse) on the health, safety, and general welfare of the occupants in the surrounding neighborhood? Applicant: The property is in a rural area with the surrounding land uses predominately agricultural along with single family parcels. The proposed use is setback from the road and based on the Variance request the closest parcel to the operation would be 350 ft. from the closet part of the operation

Staff: The operation is not anticipated to have any adverse impact on the health, safety and general welfare of the surrounding neighborhood owing to the fact that conditions have been placed upon the applicant’s permit and since additional requirements will placed on this permit by the Waseca County Highway Department and the Minnesota Pollution Control Agency and the request will be reviewed by the Minnesota Department of Natural Resources. In addition, the property is located in a rural setting.

2) Will the proposed use have an impact (adverse) on traffic conditions including parking? Applicant: The property will be used intermittingly based on construction projects in the area. The access to the property will be on the north property line which at the intersection of 155th St is approximately 600 ft. from the closest residential parcel. During the periods of the property being used there will

Doreen R Eaton | Ulland Brothers | Gravel Pit, Mining and Material Excavation Conditional Use Permit PID: 08.010.1200 Not for Recording Purposes be increased traffic with most of the traffic going north from the access point due to the weight restrictions on the bridge to the south.

Staff: The proposed use is not anticipated to impact (adverse) on traffic conditions since adequate measures are being provided to eliminate any traffic conditions due to the conditions that are being placed upon the project relating to road use. 3) Are there adequate public utilities, public services, road, and schools to support the proposed use of the property? Applicant: The proposed use of the property will not require any service from Public Utilities, Public Services or schools that are required to support the proposed use. Public Roads will be used and Waseca County weight guidelines for roads and bridges will be followed

Staff: There are adequate public utilities, public services and roads to support the proposed use of the property.

4) Will the proposed use have an effect (adverse) on property values or future development of land in the surrounding neighborhood? Applicant: The property had previously been used for mining and any continuation of mining on the site will have no impact on adjacent property values or place any restrictions on adjacent properties for future development

Staff: The property under review is zoned for Industrial use and the operations are in line with requirements as stipulated in the Waseca County Unified Development Code. There are two (2) residences within a 1,000 feet of this property. The operation had previously been permitted under a land alteration permit. 5) Is the proposed use of the property consistent with the goals and policies adopted in the Comprehensive Plan? Applicant: The Comprehensive Plan identifies Infrastructure and Transportation in the top ten Vision statements for Waseca County. In order to achieve these Vision statements natural resources (aggregates) are required to build infrastructure and roads at a cost-effective price. By providing the Conditional Use permit to allow mining these Vision goals become more realistic and economical

Staff: Waseca County has determined that this use is in line with the infrastructure and transportation visions as stated in the land use plan. The proposed use is compatible with the uses within the district and are of the same general character as those of the district.

6) Does the proposed use meet the standards of the Zoning Ordinance including that the use is allowed with a Conditional Use Permit in the designated zoning district in which it is proposed? Applicant: Mining is allowed with a Conditional Use Permit in Agricultural Zoning Districts.

Staff: Mining, excavation, extraction of material and minerals are conditional uses in the A-1 Agricultural Protection District as specified in the Waseca County Unified Development Code. A site plan has been submitted for this site. The facility should meet the UDC requirements if all conditions are adhered to.

7) Will the proposed use have an effect (adverse) on the environment, including pollution and including impacts on groundwater, surface water and surface water runoff, and air quality? Applicant: The proposed mining operation would acquire the following permits as part of the mining operation. Such as MPCA Storm Water Permit, Waseca County Driveway Permit, Wetland Delineation and Doreen R Eaton | Ulland Brothers | Gravel Pit, Mining and Material Excavation Conditional Use Permit PID: 08.010.1200 Not for Recording Purposes DNR Water Appropriations Permit (only required if pumping water)

Staff: There wetlands present on the site where the array will be located. A full wetland delineation report will need to be prepared and reviewed by the Waseca County Water Resource Specialist to determine if the project will have an impact on any wetlands located on the site. The impacts to groundwater, surface water and surface water runoff, and air quality should be minimal. These issues should be addressed with proper storm water management measures and/or required permits prior to commencement of construction activities. An Environmental Assessment Worksheet (EAW) may not be required for this request. A National Pollutant Discharge Elimination System (NPDES) permit may be required with this application. Construction activity will not be allowed within 300 feet of the Little Le Sueur River.

8) Will the proposed us have an effect (adverse) on existing natural, historic, or scenic views or features in the surrounding neighborhood? Applicant: The mining operation has the potential to create a pond in the westerly portion of Phase 1 which will have positive impacts on the adjacent property from a conservation standpoint. This is based on the exploratory drillings indicating aggregates below the water table. All topsoil will be stripped and beamed in the areas to be mined and upon completion of mining the topsoil will be used for the reclamation of the site

Staff: The proposed use has been previously operated on the property with an appropriate land alteration permit. The proposal is not anticipated to be detrimental or have adverse effect on the existing natural, historic, scenic views or features of the surrounding neighborhood. Construction activity will not be allowed within 300 feet of the Little Le Sueur River.

9) Are there other provisions within the Waseca County Unified Development Code, Minnesota State Law or Federal Law that will impact the approval of the Conditional Use Permit? Applicant: Not Applicable.

Staff: All other required provisions shall apply which include, but not limited to National Pollutant Discharge Elimination System (NPDES) permits, etc.

Conditions for Approval Staff recommends approval of the request if the Waseca county Planning Commission finds that the proposal meets the standard criteria for approval. If approved, staff recommends the following conditions be applied. Standards/Regulations: 1. The requested use shall conform to all County Ordinances, State and Federal regulations, including but not limited to, a N.P.D.E.S. (National Pollutants Discharge Elimination System Permit and Industrial Storm water Permit (or a combined permit) with the Minnesota Pollution Control Agency (MPCA), adhere to the MPCA Noise regulations, and if necessary, obtain a Minnesota Department of Natural Resources (DNR) Water Appropriations Permit, Army Corps of Engineers Permit, and any or all other permits as necessary. In addition, the Minnesota Pollution Control Agency Environmental Management Aggregate Operations shall be used as a guidance tool and reference document for the permittee/operator/owner. A permit to access 155th Street (County Road 283) must be obtained from the Waseca County Highway Department.

Site and Building Plans: 2. Development and operation of the use shall be in substantial conformance with the site plan drawings and Doreen R Eaton | Ulland Brothers | Gravel Pit, Mining and Material Excavation Conditional Use Permit PID: 08.010.1200 Not for Recording Purposes plans and specifications as provided and on file in the office of the Waseca County Planning and Zoning Department. Project timetable shall also be submitted to the Waseca County Planning and Zoning Department. The construction plans must demonstrate the facility will not be impacted by potential flood waters. Setbacks to property lines and approved setbacks to adjacent residences shall be mark with surface markers (posts) to alert mine operators of the limits of construction. Structures, storage of excavated materials, topsoil, and the excavation edge shall be setback at least 300 feet from any protected water, at least 100 feet from the adjoining north and east property lines and 100 feet from the right-of-way of 155th Street. Construction on the west side must be at least 350 feet from any residence. 3. For the purposes of this permit, the permittee/operator/owner is granted the ability to mine, crush, wash, refine and process the excavated product, perform site reclamation, post a sign. The permittee/operator/owner shall undertake the project according to the plans and specifications submitted to the county with the application and developed during the hearing process. This permit is to include temporary equipment placement and storage. The permittee/operator/owner is allowed to screen and crush materials from the site only. Crushing does not include asphalt and concrete brought to the site from areas offsite.

Operations 4. An operations plan for the facility shall be provided to and kept on file in the office of the Waseca County Planning and Zoning Department. The operations plan shall also be provided to the Waseca County Sheriff’s Department and the township fire department. The plan shall include an emergency contact. 5. Limit the hours of operation from 7 a.m. to 6 p.m. Monday through Friday and from 7 a.m. to 12:00 p.m. Saturday and there shall be no mining activities on the following observed holidays: New Year’s Day, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas Day. A one hour quiet start up is allowed prior to the above-established times. 6. The permittee/operator/owner is prohibited from using explosives and/or blasting to mine the materials from this site. 7. The Permittee/owner/operator shall not allow any other person, firm, partnership, association, or corporation to conduct mining operation(s) at the site, other than hauling to or from the pit without (1) obtaining the prior written consent of the Planning Commission and Board of Commissioners and (2) receiving written acknowledgement of said other person, firm, partnership, association, or corporation that he/she/they/it/ agree(s) to be bound by the requirements of the mining operation(s) permit in effect, and has obtained a surety (performance) bond guaranteeing the other entities performance as permittee. Subcontractors of the permittee shall be allowed to perform mining operations under the direct supervision of the permittee. The subcontractor shall follow all applicable rules, standards, laws, regulations, or permit conditions pertaining to mining operations. The permittee shall be responsible for any violations of this permit caused or committed by any subcontractor.

Environmental/Water Issues: 8. Keep any pit excavation, or impounded waters within the limits for which this permit is granted. 9. Any soils contamination shall be mitigated as required by the Minnesota Pollution Control Agency and the appropriate authorities in the matter shall be promptly notified. The Minnesota Duty Officer is available 24 hours per day by calling 1-800-422-0798. 10. Weeds and any other unsightly or noxious vegetation shall be cut or trimmed as may be necessary to preserve a reasonably neat appearance and to prevent seeding on adjoining property. 11. Human waste disposal, if applicable, shall be by an approved method of the Waseca County Public Health Department. 12. The mining operation shall not be allowed to interfere with surface water drainage beyond the boundaries of the mining operation. The mining operation shall not adversely affect the quality or quantity of surface or subsurface water resources. Surface water originating outside and passing through the mining district shall, at its point of departure the mining site, be of equal or better quality to the water where it enters the mining site. The mining operator shall perform any water treatment necessary to comply with this provision at his/her/their expense. 13. The Owner/Permittee must provide, for the purpose of retaining impounded waters, a containment area sufficient strength and durability to maintain such containment area in a safe and proper condition. 14. The creation of wildlife ponds, pollution control structures, and erosion control structures shall not require

Doreen R Eaton | Ulland Brothers | Gravel Pit, Mining and Material Excavation Conditional Use Permit PID: 08.010.1200 Not for Recording Purposes an additional Conditional Use Permit, provided that said construction plan is approved by Waseca County Planning and Zoning under consultation with the Waseca County Soil and Water Conservation District and abides by all other applicable rules, regulations, and ordinances. 15. Abandoned wells must be sealed in accordance with State and County requirements. 16. On-site water supply and sewage treatment systems shall meet or exceed MN Rules 7080 and Waseca County SSTS Ordinance(s). 17. Wetlands: Wetlands are protected by Minnesota Statute. A wetland delineation may be required by the Waseca County Water Resource Specialist prior to the commencement of mining operations. No property owner shall conduct any activity within the wetland without prior authorization from Waseca County. A permanent post shall be erected at the wetland delineation line to insure the protection of the wetlands.

Trees: 18. No trees shall be removed to extract materials from the site. 19. In areas that are not mined, trees and natural vegetation shall be maintained and or left undisturbed to maintain a natural landscape, to prevent soil erosion

Road Issues: 20. The Board reserves the right to order and direct what public ways can be used as ingress/egress to the site to protect the public from unnecessary road damage and any expenses to repair such public roads. Road weight postings shall be honored at all times. 21. Trucks used in hauling materials from the site of excavation shall be loaded in such a manner as to minimize spillage onto public roadways. Precautions must be taken to minimize the deposit of dirt and mined materials onto public roads or highways. Any spillage resulting from overloading or from adhering to truck tires shall be removed at regular intervals to protect the safety of the traveling public. 22. Dust control measures shall be utilized upon the site so as not to create a nuisance to the adjoining properties. Proposed measures for dust control include, but are not limited to watering of the surface and the use of sodium chloride as means of dust control. 23. The excavation area shall be fenced at the access points of the operation. The entrances shall be secured with an iron pipe gate (or other gate structure as approved by the County Board) at the entrances to the pit. The gate is to be locked during non-operating hours. 24. All access roads from mining operations to public highways, roads or streets to adjoining property shall be paved or surfaced with gravel to minimize dust conditions. 25. No fence, wall, structure planting or other obstruction shall be permitted over three feet in height within twenty-five (25) feet of any road right-of-way-ingress/egress intersection in order to ensure visibility across such intersection. Privacy fences, walls hedges or shrubbery may be erected, placed, and maintained except, as they may constitute a safety hazard. 26. Any encroachment into utility right-of-ways shall only be permitted with the written approval of the affected utility. 27. The permittee/operator/owner of a mining operation shall be responsible for extraordinary maintenance and restoration of all county/township roads leading to the mining operation that may be damaged due to activities involving the mining operation unless the owner/operator/ can prove that the mining operation was not the cause of the roadway damage. All maintenance and restoration of roads shall be done with the approval of the road authority and to the road authority’s satisfaction.

Crushing: 28. Crushing of on-site/off-site materials is limited to ten (10) days per year and must be completed during permitted operational dates and times (See Condition No. 6); 29. No crushing shall occur within the any wetland.

Insurance: 30. The permittee/operator/owner shall acquire and keep in force for the duration of the permit, liability insurance, in the amount of one million dollars ($1 Million), specifically covering the mining and/or restoration and related operations. The permittee/operator/owner shall provide a certificate of insurance to the Waseca County Zoning Office.

Doreen R Eaton | Ulland Brothers | Gravel Pit, Mining and Material Excavation Conditional Use Permit PID: 08.010.1200 Not for Recording Purposes Performance Bond 31. A performance surety shall be provided in the amount of $75,000.00. The surety shall be used to reimburse the County for any monies, labor, or material expended to bring the operation into compliance with the conditions of the permit

Mining/Reclamation: 32. Slope the banks and otherwise properly guard and keep any pit or excavation in such condition as not to be dangerous from caving or sliding banks. 33. Stabilize overburden material and minimize the area that is exposed to erosion. 34. Mining shall not be conducted closer than 75 feet of adjoining property lines and shall not be conducted closer than 75 feet to the right-of-way line of any existing or platted street, road, or highway, except that excavation may be conducted within such limits in order to reduce the elevation thereof in conforming to the existing or platted street, road or highway, unless a variance has been granted. 35. All equipment used for mining operations shall be constructed, maintained and operated in such a manner as to minimize, as much as practicable, noise, vibrations, dirt and dust, or other activities, which are injurious to persons living in the vicinity. A berm or berms shall be created and utilized as a barrier between a sending unit to a receiving unit to decrease decibel levels and to assist in decreasing noise levels, which may have the potential to create nuisance effects. 36. Excavating or stockpiling of materials shall not be conducted closer than one hundred feet to the right- of-way line of any existing or platted street, road, or highway, where such excavation may create a traffic or line of site problem. 37. All restoration shall include the application of a minimum of 6 inches of topsoil or similar matter that will support plant growth. The applicant shall upon stockpiling of overburden separate to the best of their ability the topsoil from the subsoil to retain the productivity of the soils after reclamation. The recommended topsoil shall be from 6-10 inches in depth to provide for a fertile soil for plant productivity after reclamation. The applicant shall not be required to purchase additional topsoil to meet this requirement, but shall retain and utilize the resource available to him/her onsite. The finished grade shall be such that it will not adversely affect the surrounding land or future development of the site upon which mining operations have been conducted. The finished plan shall restore the mining site to a condition whereby it can be utilized for the type of land use proposed to occupy the site after mining operations cease.

38. Grading Standards: i. Final grades shall be in conformity with the topography of the surrounding land, and ii. The land to be restored shall be for crop production of which no slope shall exceed 20% (5:1) iii. The cover material (top soil) shall not be sold or removed from the site and shall be used to reclaim this property. Additional topsoil remaining after the 6-10-inch reclamation may be sold provided the permittee could demonstrate they met or exceeded the topsoil reclamation requirements. iv. All restored areas shall be seeded with a mixture recommended by the Soil and Water Conservation Service or returned to crop production. The permit may include reforestation. Reforestation requirements shall be based on the recommendations of the Waseca County Soil and Water Conservation District. The mining site shall be rehabilitated immediately after mining operations cease. Rehabilitation shall be completed within 1 year and v. Within 6 months after cessation or abandonment of the pit and its operation all buildings, structures, machinery, equipment, and plants incidental to the operation shall be dismantled and removed by, and at the expense of, the mining operator. A temporary variance may be granted for those buildings, structures, machinery, equipment and plants. vi. Upon completion of the reclamation project, the permittee/operator/owner shall notify the Waseca County Planning and Zoning Office who shall then inspect the site to determine if it is in accordance with the approved reclamation plan. If the site is not in accordance with the approved reclamation plan, the Planning and Zoning Administrator shall notify the permittee/operator/owner of its deficiencies and the operator shall correct the deficiencies. When the site is in accordance with the plan, the Planning and Zoning Administrator shall issue a letter of acceptance of the site to the permittee/operator/owner Doreen R Eaton | Ulland Brothers | Gravel Pit, Mining and Material Excavation Conditional Use Permit PID: 08.010.1200 Not for Recording Purposes and the County shall release the performance bond/surety bond. 39. The applicant, permittee, owner, and/or operator shall at all times take precautionary measures, best management practices, to prevent erosion of soils and mined materials/ 40. All chemicals, hazardous materials, waste, and nutrients and/or etc. shall be properly used or disposed of by legal, environmentally sound methods. Any spills resulting from the use of such chemicals, hazardous materials and etc. shall be properly reported, contained and mitigated as the Minnesota Pollution control agency may deem necessary. The State Duty Officer phone number is 1-800-422-0798; and 41. The area shall be kept neat and clean and shall not constitute a nuisance or be kept unsightly. 42. An erosion control plan shall be implemented during any construction period to prevent soil erosion during all construction phases upon the property.

Duration, Failure to Comply and Review: 43. This Conditional Use Permit shall be valid for a period of five (5) years from its issuance and must be renewed at that time or the site completely restored. Failure to renew the permit or to restore the site shall result in the county exercising the bond and using the proceeds to restore and properly close the site. 44. Permittee shall be subject to review and compliance of the above-listed conditions. The County may enter onto the premises at reasonable times and in a reasonable manner to insure the permit holder is in compliance with the conditions and all other applicable statutes, rules, and ordinances. The County Board shall reserve the right to impose additional restrictions or conditions to the issuance of a Conditional Use Permit, as it deems necessary to protect the public interest. These conditions or restrictions may include matters relating to appearance, lighting, hours of operation and performance characteristics. Restrictive covenants may be entered into regarding such matters, when appropriate. A Conditional Use Permit shall become void one (1) year after being granted by the County Board unless used or if discontinued for a period of ninety (90) days. The County Board may prescribe a different time limit within which the action for which the Conditional Use is required shall commence, or be completed, or both. Failure to commence, or complete, or both, such action within the time limit set shall void the Conditional Use Permit. A Conditional Use Permit shall be issued for a particular use on a specific parcel and not for a particular person or firm. The Board of Commissioner may impose other specific conditions the Board deems necessary to protect the health, safety, comfort, morals, or general welfare of the public at any time in the future. Failure to comply with any of the above-listed conditions shall be grounds for suspension or revocation of the Conditional Use Permit.

Malterer made a motion to approve the criteria as amended. Pearson seconded and motion was passed unanimously with 5 Yes and 0 No. Schoenrock made a motion to approve the conditions as outlined and recommend approval to the Board of Commissioners. Sommers seconded and it was passed unanimously with 5 Yes and 0 No.

MISCELLANEOUS Conditional Use Application Form Update: Leiferman informed the Planning Commission a proposed update to the Land Use Application form which will include additional information requesting applicants to contact the DNR and MNDOT if their proposal impacts any shoreland areas or are adjacent state highways. This stems from the fact that state statute regulations the time frame for which decisions on land use applications can be made and that frame sometimes is too short for agency reviews and actions especially on the part of MNDOT or DNR. The Planning Commission agreed to this revision

ADJOURNMENT Schoenrock made a motion with Malterer seconding to adjourn the meeting. Meeting adjourned at 8:52 p.m.

Doreen R Eaton | Ulland Brothers | Gravel Pit, Mining and Material Excavation Conditional Use Permit PID: 08.010.1200

Waseca County Board of Commissioners Request for Board Action

Approval for the Cooperative Agreement for the Waldorf Project

Meeting Date: October 6, 2020 Fiscal/FTE Impact: Item Type: Consent Action None Department: Highway Department Current budget Contact: Nathan Richman New FTE(s) Requested Contact Phone: 507.835.0661 Other Prepared by: Nathan Richman Amendment Requested

PURPOSE/ACTION REQUESTED The department requests approval and signatures for the Cooperative Agreement for the Waldorf project.

SUMMARY The Cooperative Agreement is six pages. The City of Waldorf shared that they approved the Agreement on September 28th.

The standard Cost Participation Agreement was approved March 18, 2014. A copy of the seven page document is attached.

RECOMMENDATION Waseca County staff recommends that the Waseca County Board of Commissioners approve the Cooperative Agreement. The County Attorney’s office has reviewd the agreement.

EXPLANATION OF FISCAL/FTE IMPACTS This is based on the standard Cooperative Agreement that Waseca County has used with Waseca and New Richland.

Supporting Documents: Previous Board Action(s): Attachment A: Cooperative Agreement Between Resolution # Waseca County and the City of Waldorf Attachment B: Waldorf Bid Prices Spreadsheet Accachment C: Cost Participation Policy

RESOLUTION #

Waseca County Board of Commissioners

______By: ______, Board Chair ATTEST:

______Tamara J. Spooner Waseca County Auditor-Treasurer

Administrator’s Comments: Reviewed By (if required): Recommend Action County Attorney’s Office Do Not Recommend Action Risk Management Reviewed – No Recommendation Human Resources Reviewed – Information Only Information Technology Submitted at Commissioner Request Building and Grounds

County Administrator

Insert Date COOPERATIVE AGREEMENT BETWEEN WASECA COUNTY AND THE CITY OF WALDORF FOR DESIGN AND CONSTRUCTION OF CSAH 3, CSAH 4, and County Road 74

THIS AGREEMENT, made and entered into by and between the City of Waldorf, a municipal corporation, organized under the laws of the State of Minnesota, party of the first part, hereinafter referred to as “City”, and the County of Waseca, Minnesota, a municipal corporation organized under the laws of the State of Minnesota, party of the second part, hereinafter referred to as “County”;

WITNESSETH:

WHEREAS, The County desires to make complete reconstruction improvements to County State Aid Highway 3, County State Aid Highway 4, and County Road 74, which are Part B of the project in Waldorf, and

WHEREAS, the reconstruction of CSAH 3, also known as Main Street, is from TH 83 to the north City limits, approximately 0.561 miles, and

WHEREAS, the reconstruction of CSAH 4, also known as North Street, is from TH 83 to Main Street, approximately 0.208 miles, and

WHEREAS, the reconstruction of County Road 74, also known as North Street, is from Main Street to the east City limits, approximately 0.283 miles, and

WHEREAS, the City desires to construct utility improvements located within CSAH 3, CSAH 4, and County Road 74, and

WHEREAS, It is in the best interest of the County that the CSAH 3, CSAH 4, and County Road 74 infrastructure improvements be completed concurrently with the reconstruction of the other Waldorf streets, which is Part A of the project, and

WHEREAS, CSAH 3, CSAH 4, and County Road 74 are under the jurisdiction of the County, for purposes of improvements and maintenance, and

WHEREAS, The County has adopted a Policy for the division of costs for improvements to County Highways within a municipality, said Policy being adopted by the County Board of Commissioners on March 18, 2014, a copy of which is attached hereto (Exhibit A) and made a part hereof for reference and as a guide for assignment of costs, and

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WHEREAS, It is the desire of both of the parties hereto to enter into a written Agreement regarding the improvements of said portions of CSAH 3, CSAH 4, and County Road 74, and

NOW, THEREFORE, Pursuant to Minnesota Statutes 471.59 and in consideration of the mutual covenants and promises hereinafter contained, it is agreed by and between the City and County as follows.

A. That this Agreement shall apply only to the improvements on the 0.561 miles of CSAH 3, 0.208 miles of CSAH 4, and 0.283 miles of County Road 74 in Waldorf.

B. Prosecution of work will be performed on the following basis. The City will:

1) Prepare or have prepared by a registered engineer, licensed to practice in the State of Minnesota, Part A construction plans and specifications with an estimate of cost for the construction project.

2) Act as the contracting agency for the construction project, which includes Part A and Part B, in accordance with the competitive bidding requirements of Minnesota Statutes 471.345 and 375.21.

3) Provide or have provided by a registered engineer, licensed to practice in the State of Minnesota the necessary engineering, inspection, and survey work for Part B of the project to State Aid standards. This includes the following.

a. Construction administration for managing the project. b. Provide the lead construction inspection engineering services for the project. This construction inspection will focus on the City items. The inspector will track any hours that are demonstrably on the inspection of County items. Said supervision shall include keeping adequate records to document the quality of construction and the substantiation of pay quantities. c. Testing services for the project. d. Surveying services for the project.

4) Obtain permits and approvals required from any other governmental agencies for the improvements by signing appropriate forms supplied by the County and supplying information requested by the County which is in the City’s possession.

5) Maintain the project open to inspection by the County or their duly authorized representatives.

6) Obtain the written approval of the County for any change in work orders, change orders or supplemental agreements to the contract involving work in which the County is cost participating, prior to the performance of such work.

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7) Addressing concerns of the public relating to the project.

8) The City will be responsible for and liable for costs it incurs in performing its obligations under this Agreement.

C. Prosecution of work will be performed on the following basis. The County will:

1) Prepare or have prepared by a registered engineer, licensed to practice in the State of Minnesota, Part B construction plans and specifications with an estimate of cost for the construction project.

2) Provide construction inspection services for Part B of the project under the City lead construction inspection. This construction inspection will focus on the County items. The inspector will track any hours that are demonstrably on the inspection of City items.

3) Obtain permits and approvals required from any other governmental agencies for the improvements by signing appropriate forms supplied by the City and supplying information requested by the City which is in the County’s possession.

4) Provide the City with written consent or denial for any proposed work order, change order or supplemental agreement so the City can respond to the contractor in a timely fashion.

5) Assist the City with addressing public concerns with the project.

6) The County shall be responsible for and liable for all costs it incurs in performing its obligations under this Agreement.

D. The City agrees to do all things necessary for the construction of said Part B of the project except as set forth in this agreement. Said project on is to be constructed consistent with current County State Aid Highway Standards.

E. The method of financing the improvement project shall be the prerogative of the County and the City. Funding of the project is subject to the following provisions:

1) CONSTRUCTION COSTS

The County and the City will share in the final construction costs for infrastructure improvements as guided in said County policy for the division of project costs and as divided in the attached detailed cost split summary. The attached cost split summary is based on actual bids received, however the final cost split will be calculated using final project amounts and costs. Items not listed in the attached cost split summary will be negotiated and incorporated into the final cost split summary using said County policy as a guide, by the Waseca County Engineer and the City of Waldorf. See attachment B.

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2) ENGINEERING COSTS:

The City and the County will each be responsible for engineering costs, including surveying, construction administration, construction inspection, and materials testing, attributable to their infrastructure improvements constructed under this project.

3) REIMBURSEMENTS:

The City will invoice no more than monthly during the project. The City will not submit the final invoice to the County until the project’s final acceptance is completed by the County.

Upon completion and final acceptance of the project, and receipt of a detailed listing of the final actual construction and engineering costs, the County will reimburse the City within thirty (30) days.

F. The County agrees to save, hold harmless and indemnify the City and the City’s officers, agents, employees, and volunteer workers against any and all claims, losses, damages, or law suits for damages arising from, allegedly arising from, or related to the provisions of the County’s services hereunder, and further the County agrees to defend at its own sole cost and expense any action for proceeding commenced for the purpose of asserting any claim of whatsoever character arising as a result of the provision of County’s services hereunder.

The City agrees to save, hold harmless and indemnify the County and the County’s officers, agents, employees, and volunteer workers against any and all claims, losses, or law suits for damages arising from, allegedly arising from, or related to the City’s provision of services hereunder, and further the City agrees to defend at its own sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising as a result of the City’s provision of services hereunder.

It is hereby understood and agreed that for the purpose of the Parties’ performance hereunder, neither Party’s employees shall be deemed employees of the other Party for any purpose and any and all claims made by third parties as a consequence of any act or omission on the part of a Party’s employee(s) while engaged in the performance of any of the provisions of services hereunder shall in no way be the obligation or responsibility of the other Party

G. Each party shall be responsible for damages to or loss of its own equipment. Each party waives the right to sue any other party for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other party or its officers, employees, or volunteers.

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H. Pursuant to Minnesota Statute 16C.05, Subd. 5, the County agrees that the City, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the City and involve transactions relating to this Agreement.

The County agrees to maintain these records for a period of six years from the date of termination of this Agreement.

I. Pursuant to Minnesota Statute 16C.05, Subd. 5, the City agrees that the County, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the City and involve transactions relating to this Agreement.

The City agrees to maintain these records for a period of six years from the date of termination of this Agreement.

J. During the performance of this Agreement, the City and the County agree to the following:

No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance status, criminal record, creed or national origin be excluded from full employment right in, participation in, be denied the benefits of or be otherwise subjected to discrimination under any and all applicable Federal and State laws against discrimination.

K. Each party agrees that any modification of this Agreement will be in writing and will be signed by the parties hereto.

L. Each party understands the contract for this project was awarded by the City Notice of Award on June 8, 2020 and by the County on May 19, 2020

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IN TESTIMONY WHEREOF, The parties hereto have caused these presents to be executed.

City of Waldorf, Minnesota Waseca County, Minnesota

______

Mayor, City of Waldorf Waseca County Board Chair

Date: ______Date: ______

Attest:

City Clerk County Administrator

Date: ______Date: ______

6

WASECA COUNTY HIGHWAY DEPARTMENT

COST PARTICIPATION POLICIES

APPLICABLE

TO

COOPERATIVE HIGHWAY PROJECTS

BETWEEN

WASECA COUNTY AND OTHER AGENCIES

Adopted by the Waseca County Board of Commissioners on March 18, 2014 TABLE OF CONTENTS

I. PURPOSE ...... 1

II. SCOPE ...... 1

III. GENERAL POLICIES ...... 1

IV. DEFINITIONS ...... 2

V. ROADWAYS ...... 3

A. RIGHT-OF-WAY ...... 3

B. CLEARING AND GRUBBING, EROSION CONTROL, AND ESTABLISHING VEGETATION ...... 3

C. GRADING ...... 3

D. BASE AND SURFACING...... 3

E. TURN LANES ...... 3

F. STORM SEWER ...... 4

G. SIDEWALK AND TRAILS ...... 4

H. CONCRETE CURB AND GUTTER ...... 4

I. PEDESTRIAN RAMPS ...... 4

J. CONCRETE CURB AND GUTTER AND SIDEWALK FOR MEDIANS ...... 4

K. PAVED DRIVEWAY ENTRANCES (BASE AND SURFACING) ...... 4

L. MUNICIPAL UTILITY RELOCATION OR RECONSTRUCTION ...... 4

M. PRIVATE UTILITY RELOCATION OR RECONSTRUCTION ...... 4

VI. TRAFFIC SIGNAL SYSTEM...... 4

VII. BRIDGES ...... 5

VIII. STREET LIGHTING ...... 5

IX. LANDSCAPING ...... 5

X. ENGINEERING ...... 5

XI. LUMP SUM ITEMS ...... 5

XII. INVOICE AMOUNT COMPUTATION...... 5

WASECA COUNTY

DEPARTMENT OF PUBLIC WORKS

COST PARTICIPATION POLICIES APPLICABLE TO COOPERATIVE HIGHWAY PROJECTS BETWEEN WASECA COUNTY AND OTHER AGENCIES

I. PURPOSE

To establish policies for determining the cost participation to be used by Waseca County in funding cooperative construction projects with other agencies.

II. SCOPE

The establishment of cost policy is consistent with Minnesota Statutes, Sections 162.17, 373.01, 471.59 and Amendments.

III. GENERAL POLICIES

A. The basic premise is that the County pays for costs peculiar to County needs and municipalities pay for costs peculiar to municipal or local needs. The policy does not list every possible work item. The County Engineer will negotiate the cost participation for unlisted items on a case by case basis. This policy may not be applicable in every scenario and the cost sharing rate for any item, including those listed in this policy, may be amended through mutual agreement between the County and the cooperating agency.

B. The County may limit its participation to items eligible for reimbursement with County State Aid Highway (CSAH) funds, notwithstanding the specific policies contained in this document. However, the County will not request CSAH funds for project costs assigned to the municipality as a result of the approved cooperative construction agreement, in order not to preclude the municipality from using its Municipal State Aid funds for those project costs.

C. Two categories of construction projects are defined in State Aid Operations Chapter 8820. They are “reconstruction” and “reconditioning.” This cost participation policy addresses both “reconstruction” and “reconditioning” projects.

IV. DEFINITIONS

Contributing Flow: A storm sewer procedure that considers that each agency participates in proportion to its share of the design discharge for each section of sewer between inflow points. This method is used by the Minnesota Office of State Aid on all projects except where federal participation is anticipated.

Cost Participation Ratio: The Cost Participation Ratio shall be based on the calculated percentages of the participating agencies contract item costs. The items generally include the following: the road section including pavement and aggregate base materials, the shoulders and parking lanes, medians, curb and gutter, subsurface roadway drainage, and sidewalks and trails. The Cost Participation Ratio is likely to change from the engineers estimate, to the bid opening, to the final contract amounts. The final Cost Participation Ratio will be based on the final contract amounts.

Example: The County share of the project’s final construction costs is 50% of the total and the municipal share is the remaining 50%. The cost participation ratio for the affected work items would be 50% to the county and 50% to the municipality. This example does not include municipal utility work items. The municipal utility work items, if any, change the lump sum items cost participation ratio.

County: Waseca County.

County Engineer: The County Engineer of Waseca County or a designated representative.

Lump Sum Item Cost Participation Ratio: Several standard bid items are lump sum items. These bid items have a shared benefit to all portions of the project work. An example is mobilization. Example: There is a lump sum bid item of $100,000 for mobilization. Municipal utility work items add $500,000 to a $1,500,000 reconstruction project. The cost participation ratio is 50% to each party as the final construction costs, not including municipal utility work items, are $750,000 for each party. The $500,000 of utility work increases the municipal share to $1,250,000. This increases the lump sum item cost participation ratio to 62.5% for the municipality.

The municipality is responsible for $62,500 of the $100,000 of mobilization in this example.

Municipality: Any municipality or township within Waseca County.

Peak Discharge: A storm sewer method that considers that each agency's share is the ratio of its peak discharge through each section of sewer between inflow points to the summation of peak discharge for all agencies participating in the section of sewer between inflow points.

Permanent Traffic Signal: A traffic control signal system normally consisting of metal signal poles with mast arms, signal heads, street lights, and underground electrical systems with conduit, cable and handhole installations.

Storm Sewer: A drainage system usually consisting of one or more pipes connecting two or more catch basins. The purpose is to convey surface runoff water from the catch basins to an acceptable outlet.

Street Lighting: All components normally installed for the purpose of street illumination. This includes intersection, corridor, and trail lighting.

Standard Specifications: Minnesota Department of Transportation Standard Specification for Construction, latest edition and/or supplement thereto.

State Aid Manual: Manual published by the Minnesota Department of Transportation outlining State Aid policies and procedures.

State Aid Operations Chapter 8820: Manual published by the Minnesota Department of Transportation outlining eligible items and defining terms.

State Highway: A highway under jurisdiction of the State of Minnesota.

2 Trunk Line: Main conveyor of storm sewer system.

Utilities: Water, heating, electric, storm sewer, gas, sanitary, telephone, cable TV, telegraph, street lighting, fiber optics, etc.

V. ROADWAYS

The County's participation in construction projects, as defined in State Aid Operations Chapter 8820, will be as follows:

A. RIGHT-OF-WAY

1. Right-of-way, permanent roadway easement, slope easement, drainage easement and temporary construction easement for County highways will be on a case by case basis and negotiated by the County Engineer

2. The County's percentage of participation in retaining walls constructed, sometimes in lieu of additional right-of-way investments, will be on a case by case basis and negotiated by the County Engineer.

3. Right-of-way required for wetland mitigation and for surface water retention basins will be on a case by case basis and negotiated by the County Engineer.

B. CLEARING AND GRUBBING, EROSION CONTROL, AND ESTABLISHING VEGETATION

The County participation is the project Cost Participation Ratio.

C. GRADING

1. GRADING ROADWAY - The Municipality pays for the parking lane width defined in D.2. The County pays for the rest of the grading. The limits of the grading are the offset lines behind the curb and gutter where earthwork is removed for the placement of aggregate base.

2. GRADING BEYOND THE ROADWAY – The County participation is determined by the Cost Participation Ratio. The limits of the grading are outside the offset lines behind the curb and gutter where earthwork is removed for the placement of aggregate base.

D. BASE AND SURFACING

1. The County pays for the urban roadway dimensions shown in the then current State Aid standards. The February 2013 State Aid standards are in 8820.9936. An example for the less than 10,000 ADT traffic category follows: This is with a design speed of 30 to 40 mph. This is two (eleven) foot lanes, and two (two) foot curb reaction distances. The combined lane widths and curb reaction distances are 26’ in this example. The County cost participation for the curb and gutter is 100%.

2. The County participation for the parking lane width not included in the area of work previously defined in D.1. is 0%. An example is 7’ of municipal parking lane. The municipal cost participation is for the 7’ of parking lane pavement, aggregate base, and grading.

3. The Municipality shall be responsible for 100% of the additional costs of base and surfacing to update from a rural design to an urban design. An example is widening a road and adding curb and gutter.

E. TURN LANES

The County participation for Turn lane Construction for a single parcel user adjacent to a county road is 3 0%. The County participation for turn lane construction on a county road to another public street shall be determined based on the traffic volume distribution or as mutually agreed upon.

F. STORM SEWER

The County's participation is based on Chapter 5.5.2 Storm Sewer Construction Part C Approved Sharing Factors and Part D Sizing and Oversizing, or the current State Aid storm sewer cost participation methodology. The County’s cost participation in permanent storm water treatment facilities such as ponds and infiltration basins shall be on a prorated basis as negotiated by the County Engineer and the Municipality.

G. SIDEWALK AND TRAILS

The County participation is 0% of the pavement, aggregate, and removal. The County may identify the sidewalk or trail in a County comprehensive parks, trails, opens space plan, or some equivalent. If such a plan identifies a sidewalk or trail the County participation shall be based on the Cost Participation Ratio.

H. CONCRETE CURB AND GUTTER

The County participation is 100%. This includes the concrete, aggregate, earthwork, and removal.

I. PEDESTRIAN RAMPS

The County participation is based on the Cost Participation Ratio to update pedestrian ramps that are not in compliance with current ADA standards.

J. CONCRETE CURB AND GUTTER AND SIDEWALK FOR MEDIANS

The County participation is 100%, except for median enhancements requested by the Municipalities beyond standard construction materials, examples are colored or stamped concrete. The additional costs of enhancements that exceed the standards shall be 100% the responsibility of the party requesting the enhancement. This is the additional costs above the cost to place standard construction materials.

K. PAVED DRIVEWAY ENTRANCES (BASE AND SURFACING)

The County participation is the project cost participation ratio. The additional costs to widen or replace a driveway with different materials or to add an additional driveway shall be 100% the responsibility of the party requesting the changes. This is the additional costs above the cost to replace in kind.

L. MUNICIPAL UTILITY RELOCATION OR RECONSTRUCTION

The County participation is 0%.

M. PRIVATE UTILITY RELOCATION OR RECONSTRUCTION

The County participation is 0%.

VI. TRAFFIC SIGNAL SYSTEM

The County's participation in traffic signal system projects will be as follows:

A. TRAFFIC SIGNAL SYSTEM INSTALLATIONS -

Intersection of County Highway with City Street and/or Township Road (City or Township Location).

4 1. The County cost participation in the installation of a traffic signal will be proportional to the number of legs that are County highways (i.e. 2 of 4 entering legs are County highways, participation equals 50%).

2. The County cost participation in the furnishing of electrical power to a traffic signal will be 0%. Electrical power to be furnished by the City or Township.

3. The County cost participation in the maintenance of a traffic signal will be proportional to the number of legs that are County highways, unless otherwise stipulated by special agreement with the Minnesota Department of Transportation or other agency.

4. The County cost participation in any subsequent revisions, modifications, or updatings of a traffic signal originally installed in accordance with the provisions of this cost participation policy, even to the extent of complete reconstruction, will be borne in the same manner as the initial installation.

VII. BRIDGES

The County's participation in bridge projects will be on a case by case basis and negotiated by the County Engineer.

VIII. STREET LIGHTING

The County will participate in street lighting items on a case by case basis and it will be negotiated by the County Engineer. The County Safety Plan will determine the eligible intersections for County cost participation.

IX. LANDSCAPING

The County participation is 0% for new landscape items. The County cost of existing landscape items replaced due to construction will be based on the Cost Participation Ratio. Landscape items replaced due to municipal or private utility work will be 100% the utility owner’s responsibility.

X. ENGINEERING

The County's participation in engineering includes design and contract administration costs. The municipality will reimburse the County an agreed (negotiated) percentage of the municipality's share of the contract construction cost for the Design and/or Contract Administration performed by the County. This will be on a case by case basis and negotiated by the County Engineer.

XI. LUMP SUM ITEMS

The County participation is the lump sum item cost participation ratio.

XII. INVOICE AMOUNT COMPUTATION

The cost participation ratios will originally be based on the estimated unit prices and quantities. The ratios may be updated after bids have been received and a contract is awarded. The final ratios will be updated based on final quantities and price adjustments upon completion of construction. The ratios will be calculated by the County Engineer. The County will invoice the Municipalities no more than monthly during the project’s duration. Municipalities will remit payment for the invoices within 30 days of receipt.

5 CSAH 3 (S.A.P. 081-603-036), CSAH 4 (S.A.P. 081-604-027), & CR 74 (S.A.P. 081-593-001)(C.P. 81-1974) IMPROVEMENTS WASECA COUNTY/CITY OF WALDORF 100% PLAN ENGINEERS ESTIMATE - COST SPLIT 2-27-2020

S.A.P. 081-603-036 S.A.P. 081-604-027 S.A.P. 081-593-001 NON-PARTICIPATING TOTAL TOTAL S.P. 8107-21 CSAH 3 STORM SEWER CSAH 4 STORM SEWER CR 74 STORM SEWER (CITY OF WALDORF) ITEM NO. LINE NO. ITEM DESCRIPTION UNIT UNIT PRICE ESTIMATED COST QUANTITY DOLLARS WASECA COUNTY CITY OF WALDORF WASECA COUNTY CITY OF WALDORF WASECA COUNTY CITY OF WALDORF WASECA COUNTY CITY OF WALDORF WASECA COUNTY CITY OF WALDORF WASECA COUNTY CITY OF WALDORF ESTIMATED COST ESTIMATED COST ESTIMATED COST ESTIMATED COST ESTIMATED COST ESTIMATED COST ESTIMATED COST ESTIMATED COST ESTIMATED COST ESTIMATED COST ESTIMATED COST ESTIMATED COST ESTIMATED COST ESTIMATED COST DOLLARS DOLLARS DOLLARS DOLLARS DOLLARS DOLLARS DOLLARS DOLLARS DOLLARS DOLLARS DOLLARS DOLLARS DOLLARS DOLLARS 2021.501 133 MOBILIZATION LUMP SUM $346,469.00 1 $346,469.00 0.31 $107,405.39 0.1 $34,646.90 0.05 $17,323.45 0.04 $13,858.76 0.14 $48,505.66 0.06 $20,788.14 0.03 $10,394.07 0.03 $10,394.07 0.11 $38,111.59 0.05 $17,323.45 0.03 $10,394.07 0.02 $6,929.38 0.01 $3,464.69 0.02 $6,929.38

2101.505 134 CLEARING ACRE $18,000.00 0.1 $1,800.00 0.1 $1,800.00 2101.505 135 GRUBBING ACRE $6,500.00 0.1 $650.00 0.1 $650.00 2101.524 136 CLEARING TREE $355.00 26 $9,230.00 5 $1,775.00 3 $1,065.00 10 $3,550.00 3 $1,065.00 2 $710.00 3 $1,065.00 2101.524 137 GRUBBING TREE $90.00 26 $2,340.00 5 $450.00 3 $270.00 10 $900.00 3 $270.00 2 $180.00 3 $270.00

2104.502 138 REMOVE MANHOLE (SANITARY) EACH $350.00 13 $4,550.00 13 $4,550.00 2104.502 139 REMOVE GATE VALVE EACH $250.00 9 $2,250.00 9 $2,250.00 2104.502 140 REMOVE DRAINAGE STRUCTURE EACH $300.00 33 $9,900.00 9 $2,700.00 3 $900.00 5 $1,500.00 1 $300.00 12 $3,600.00 3 $900.00 2104.502 141 REMOVE SIGN EACH $50.00 30 $1,500.00 9 $450.00 3 $150.00 4 $200.00 1 $50.00 10 $500.00 3 $150.00 2104.502 142 REMOVE MAILBOX SUPPORT EACH $200.00 7 $1,400.00 3 $600.00 3 $600.00 1 $200.00 2104.502 143 SALVAGE HYDRANT EACH $500.00 9 $4,500.00 9 $4,500.00 2104.502 144 SALVAGE LIGHTING UNIT EACH $300.00 1 $300.00 1 $300.00 2104.502 145 SALVAGE SIGN EACH $50.00 24 $1,200.00 8 $400.00 2 $100.00 5 $250.00 1 $50.00 6 $300.00 2 $100.00 2104.503 146 SAWING CONCRETE PAVEMENT (FULL DEPTH) LIN FT $9.00 60 $540.00 15 $135.00 5 $45.00 15 $135.00 5 $45.00 15 $135.00 5 $45.00 2104.503 147 SAWING BITUMINOUS PAVEMENT (FULL DEPTH) LIN FT $3.00 642 $1,926.00 303 $909.00 101 $303.00 117 $351.00 38 $114.00 63 $189.00 20 $60.00 2104.503 148 REMOVE PIPE CULVERTS LIN FT $6.00 313 $1,878.00 213 $1,278.00 71 $426.00 22 $132.00 7 $42.00 2104.503 149 REMOVE WATER MAIN LIN FT $2.00 5085 $10,170.00 5085 $10,170.00 2014.503 150 REMOVE SEWER PIPE (STORM) LIN FT $8.00 3523 $28,184.00 750 $6,000.00 250 $2,000.00 844 $6,752.00 281 $2,248.00 1049 $8,392.00 349 $2,792.00 2104.503 151 REMOVE CURB AND GUTTER LIN FT $2.00 6441 $12,882.00 2455 $4,910.00 1635 $3,270.00 2351 $4,702.00 2104.504 152 REMOVE CONCRETE DRIVEWAY PAVEMENT SQ YD $7.00 1364 $9,548.00 621 $4,347.00 244 $1,708.00 179 $1,253.00 169 $1,183.00 91 $637.00 60 $420.00 2104.504 153 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SQ YD $3.00 332 $996.00 32 $96.00 194 $582.00 80 $240.00 26 $78.00 2104.504 154 REMOVE BITUMINOUS PAVEMENT SQ YD $2.00 28423 $56,846.00 11327 $22,654.00 5391 $10,782.00 3454 $6,908.00 1556 $3,112.00 4022 $8,044.00 2673 $5,346.00 2104.518 155 REMOVE CONCRETE WALK SQ FT $1.00 13120 $13,120.00 9737 $9,737.00 159 $159.00 3224 $3,224.00 2104.618 156 SALVAGE CONCRETE PAVERS SQ FT $12.00 20 $240.00 20 $240.00

2105.504 157 GEOTEXTILE FABRIC TYPE 5 SQ YD $1.80 31126 $56,026.80 15118 $27,212.40 2872 $5,169.60 4720 $8,496.00 1137 $2,046.60 5232 $9,417.60 2047 $3,684.60 2105.604 158 GEOGRID SQ YD $1.85 7783 $14,398.55 3780 $6,993.00 718 $1,328.30 1180 $2,183.00 285 $527.25 1308 $2,419.80 512 $947.20

2106.507 159 EXCAVATION - COMMON (P) CU YD $13.05 25258 $329,616.90 12585 $164,234.25 2494 $32,546.70 3491 $45,557.55 853 $11,131.65 4317 $56,336.85 1518 $19,809.90 2106.507 160 EXCAVATION - SUBGRADE CU YD $13.05 5134 $66,998.70 2520 $32,886.00 479 $6,250.95 787 $10,270.35 189 $2,466.45 872 $11,379.60 287 $3,745.35 2106.507 161 EXCAVATION - CHANNEL AND POND (P) CU YD $9.85 28635 $282,054.75 388 $3,821.80 317 $3,122.45 15362 ######## 12568 ######## 2106.507 162 SELECT GRANULAR EMBANKMENT (CV) (P) CU YD $26.00 10374 $269,724.00 5039 $131,014.00 957 $24,882.00 1573 $40,898.00 379 $9,854.00 1744 $45,344.00 682 $17,732.00 2106.507 163 SELECT GRANULAR EMBANKMENT (CV) (FOR SOIL CORRECTION AREAS) CU YD $26.00 5134 $133,484.00 2520 $65,520.00 479 $12,454.00 787 $20,462.00 189 $4,914.00 872 $22,672.00 287 $7,462.00 2106.507 164 COMMON EMBANKMENT (CV) (P) CU YD $6.00 3627 $21,762.00 652 $3,912.00 217 $1,302.00 1860 $11,160.00 620 $3,720.00 209 $1,254.00 69 $414.00

2112.519 165 SUBGRADE PREPARATION ROAD STA $400.00 56 $22,400.00 23 $9,200.00 7 $2,800.00 9 $3,600.00 2 $800.00 12 $4,800.00 3 $1,200.00

2118.509 166 AGGREGATE SURFACING CLASS 5 TON $20.05 1061 $21,273.05 541 $10,847.05 327 $6,556.35 15 $300.75 28 $561.40 75 $1,503.75 75 $1,503.75 2118.509 167 AGGREGATE SURFACING CLASS 5 TON $30.55 143 $4,368.65 115 $3,513.25 28 $855.40 2118.509 168 AGGREGATE SURFACING CLASS 5 (TEMPORARY) TON $20.05 600 $12,030.00 225 $4,511.25 75 $1,503.75 113 $2,265.65 37 $741.85 113 $2,265.65 37 $741.85

2123.610 169 INVESTIGATIVE EXPLORATION HOUR $350.00 20 $7,000.00 8 $2,800.00 2 $700.00 4 $1,400.00 1 $350.00 4 $1,400.00 1 $350.00 2123.610 170 STREET SWEEPER (WITH PICKUP BROOM) HOUR $125.00 40 $5,000.00 15 $1,875.00 5 $625.00 8 $1,000.00 2 $250.00 8 $1,000.00 2 $250.00

2130.523 171 WATER M GALLON $70.00 150 $10,500.00 57 $3,990.00 19 $1,330.00 28 $1,960.00 9 $630.00 28 $1,960.00 9 $630.00

2131.606 172 MAGNESIUM CHLORIDE SOLUTION GALLON $1.75 5000 $8,750.00 1875 $3,281.25 625 $1,093.75 938 $1,641.50 312 $546.00 938 $1,641.50 312 $546.00

2211.507 173 AGGREGATE BASE (CV) CLASS 5 CU YD $31.85 8351 $265,979.35 3961 $126,157.85 798 $25,416.30 1262 $40,194.70 316 $10,064.60 1476 $47,010.60 538 $17,135.30

2231.509 174 BITUMINOUS PATCHING MIXTURE TON $150.00 80 $12,000.00 27 $4,050.00 8 $1,200.00 8 $1,200.00 2 $300.00 27 $4,050.00 8 $1,200.00

2232.504 175 MILL BITUMINOUS SURFACE SQ YD $7.00 780 $5,460.00 260 $1,820.00 20 $140.00 500 $3,500.00

2301.602 176 DRILL & GROUT REINFORCEMENT BAR (EPOXY COATED) EACH $15.00 4 $60.00 3 $45.00 1 $15.00

2357.506 177 BITUMINOUS MATERIAL FOR TACK COAT GALLON $1.50 3638 $5,457.00 1645 $2,467.50 429 $643.50 525 $787.50 162 $243.00 605 $907.50 272 $408.00

2360.504 178 TYPE SP 12.5 WEARING COURSE MIXTURE (2,B) 3.0" THICK SQ YD $22.00 73 $1,606.00 33 $726.00 11 $242.00 22 $484.00 7 $154.00 2360.504 179 TYPE SP 12.5 WEARING COURSE MIXTURE (2,B) 4.0" THICK SQ YD $25.00 1442 $36,050.00 687 $17,175.00 413 $10,325.00 86 $2,150.00 28 $700.00 219 $5,475.00 9 $225.00 2360.509 180 TYPE SP 12.5 NON-WEARING COURSE MIXTURE (3,B) TON $63.50 2842 $180,467.00 1292 $82,042.00 325 $20,637.50 419 $26,606.50 129 $8,191.50 458 $29,083.00 219 $13,906.50 2360.509 181 TYPE SP 12.5 WEARING COURSE MIXTURE (3,C) TON $78.00 5715 $445,770.00 2583 $201,474.00 650 $50,700.00 837 $65,286.00 257 $20,046.00 950 $74,100.00 438 $34,164.00

2402.503 182 PIPE RAILING LIN FT $172.00 59 $10,148.00 59 $10,148.00

2411.602 183 CONCRETE RAMP DESIGN SPECIAL EACH $7,000.00 1 $7,000.00 1 $7,000.00

2451.507 184 FINE AGGREGATE BEDDING (CV) CU YD $29.45 150 $4,417.50 83 $2,444.35 67 $1,973.15 2451.603 185 IMPROVED PIPE FOUNDATION LIN FT $3.50 1000 $3,500.00 165 $577.50 135 $472.50 220 $770.00 180 $630.00 165 $577.50 135 $472.50

2501.502 186 18" RC PIPE APRON EACH $799.00 1 $799.00 1 $799.00 2501.502 187 21" RC PIPE APRON EACH $839.20 1 $839.20 1 $839.20 2501.502 188 36" RC PIPE APRON EACH $1,644.25 5 $8,221.25 3 $4,932.75 1 $1,644.25 1 $1,644.25 2501.502 189 18" CAS SAFETY APRON EACH $488.80 6 $2,932.80 4 $1,955.20 2 $977.60 2501.503 190 18" CAS PIPE CULVERT LIN FT $52.10 156 $8,127.60 86 $4,480.60 70 $3,647.00 2501.503 191 36" RC PIPE CULVERT DESIGN 3006 CLASS III LIN FT $110.95 136 $15,089.20 75 $8,321.25 61 $6,767.95

2502.503 192 24" RC PIPE DRAIN LIN FT $84.90 119 $10,103.10 119 $10,103.10 2502.503 193 4" PERF PIPE DRAIN LIN FT $8.90 1766 $15,717.40 1681 $14,960.90 85 $756.50 2502.503 194 6" PERF PVC PIPE DRAIN LIN FT $10.25 7086 $72,631.50 1845 $18,911.25 615 $6,303.75 1481 $15,180.25 493 $5,053.25 1989 $20,387.25 663 $6,795.75 2502.602 195 LAWN SUMP CATCH BASIN (TOTAL UNIT) EACH $333.80 45 $15,021.00 24 $8,011.20 11 $3,671.80 10 $3,338.00 2502.602 196 SUMP PUMP SERVICE CONNECTION (TOTAL UNIT) EACH $319.00 3 $957.00 1 $319.00 1 $319.00 1 $319.00 2502.602 197 CONNECT TO EXISTING 8" PIPE DRAIN EACH $364.70 2 $729.40 2 $729.40 2502.602 198 CONNECT TO EXISTING 24" PIPE DRAIN EACH $950.00 2 $1,900.00 2 $1,900.00 2502.602 199 12" INSPECTION TEE EACH $1,323.10 2 $2,646.20 2 $2,646.20 2502.602 200 PVC PIPE DRAIN CLEAN OUT EACH $259.85 19 $4,937.15 7 $1,818.95 2 $519.70 3 $779.55 6 $1,559.10 1 $259.85

2503.503 201 15" RC PIPE SEWER DESIGN 3006 CLASS V LIN FT $51.70 1373 $70,984.10 425 $21,972.50 347 $17,939.90 200 $10,340.00 162 $8,375.40 132 $6,824.40 107 $5,531.90 2503.503 202 18" RC PIPE SEWER DESIGN 3006 CLASS V LIN FT $57.00 631 $35,967.00 98 $5,586.00 80 $4,560.00 10 $570.00 7 $399.00 240 $13,680.00 196 $11,172.00 2503.503 203 21" RC PIPE SEWER DESIGN 3006 CLASS III LIN FT $57.40 1291 $74,103.40 317 $18,195.80 259 $14,866.60 320 $18,368.00 261 $14,981.40 74 $4,247.60 60 $3,444.00 2503.503 204 30" RC PIPE SEWER DESIGN 3006 CLASS III LIN FT $91.05 464 $42,247.20 36 $3,277.80 28 $2,549.40 220 $20,031.00 180 $16,389.00 2503.503 205 33" RC PIPE SEWER DESIGN 3006 CLASS III LIN FT $114.70 360 $41,292.00 40 $4,588.00 31 $3,555.70 159 $18,237.30 130 $14,911.00 2503.503 206 36" RC PIPE SEWER DESIGN 3006 CLASS III LIN FT $113.50 1022 $115,997.00 19 $2,156.50 14 $1,589.00 544 $61,744.00 445 $50,507.50 2503.503 207 42" RC PIPE SEWER DESIGN 3006 CLASS III LIN FT $162.15 803 $130,206.45 442 $71,670.30 361 $58,536.15 2503.602 208 CONNECT TO EXISTING STORM SEWER EACH $800.00 4 $3,200.00 2 $1,600.00 2 $1,600.00 2503.602 209 12" X 8" WYE EACH $592.90 2 $1,185.80 2 $1,185.80 2503.602 210 CONSTRUCT BULKHEAD EACH $350.00 3 $1,050.00 1 $350.00 1 $350.00 1 $350.00 2502.603 211 8" PVC PIPE SEWER LIN FT $52.45 20 $1,049.00 11 $576.95 9 $472.05 2503.603 212 12" PVC PIPE SEWER LIN FT $61.05 47 $2,869.35 26 $1,587.30 21 $1,282.05 2503.603 213 TELEVISE STORM SEWER LIN FT $6.60 700 $4,620.00 110 $726.00 90 $594.00 275 $1,815.00 225 $1,485.00

2506.502 214 CASTING ASSEMBLY (STORM) EACH $681.15 53 $36,100.95 14 $9,536.10 11 $7,492.65 7 $4,768.05 4 $2,724.60 10 $6,811.50 7 $4,768.05 2506.503 215 CONSTRUCT DRAINAGE STRUCTURE DESIGN G LIN FT $332.90 8.8 $2,929.52 2.4 $798.96 1.9 $632.51 2.5 $832.25 2.0 $665.80 2506.503 216 CONSTRUCT DRAINAGE STRUCTURE DESIGN 48-4020 LIN FT $340.25 88.2 $30,010.05 32.9 $11,194.23 26.8 $9,118.70 7.7 $2,619.93 6.3 $2,143.58 8.0 $2,722.00 6.5 $2,211.63 2506.503 217 CONSTRUCT DRAINAGE STRUCTURE DESIGN 60-4020 LIN FT $529.40 121.1 $64,110.34 3.2 $1,694.08 2.6 $1,376.44 32.6 $17,258.44 26.5 $14,029.10 31.0 $16,411.40 25.2 $13,340.88 2506.503 218 CONSTRUCT DRAINAGE STRUCTURE DESIGN 72-4020 LIN FT $663.80 91.3 $60,604.94 34.8 $23,100.24 28.4 $18,851.92 5.7 $3,783.66 4.6 $3,053.48 9.8 $6,505.24 8.0 $5,310.40 2506.503 219 CONSTRUCT DRAINAGE STRUCTURE DESIGN 84-4020 LIN FT $897.25 8.5 $7,626.63 4.7 $4,217.08 3.8 $3,409.55 2506.602 220 CASTING ASSEMBLY SPECIAL EACH $191.90 18 $3,454.20 8 $1,535.20 6 $1,151.40 2 $383.80 2 $383.80 2506.602 221 CONSTRUCT DRAINAGE STRUCTURE DESIGN SPECIAL (2 X 3 CB) LIN FT $333.80 58.4 $19,493.92 19.0 $6,342.20 14.4 $4,806.72 14.0 $4,673.20 11.0 $3,671.80

2511.507 222 RANDOM RIPRAP CLASS III CU YD $73.05 329 $24,033.45 155 $11,322.75 126 $9,204.30 16 $1,168.80 12 $876.60 11 $803.55 9 $657.45

2521.518 223 4" CONCRETE WALK SQ FT $7.60 12660 $96,216.00 7662 $58,231.20 191 $1,451.60 4807 $36,533.20 2521.518 224 6" CONCRETE WALK SQ FT $9.30 3939 $36,632.70 2536 $23,584.80 845 $7,858.50 419 $3,896.70 139 $1,292.70

2531.503 225 CONCRETE CURB & GUTTER DESIGN B418 LIN FT $29.50 209 $6,165.50 209 $6,165.50 2531.503 226 CONCRETE CURB & GUTTER DESIGN B618 LIN FT $16.20 7125 $115,425.00 2976 $48,211.20 1684 $27,280.80 2465 $39,933.00 2531.503 227 CONCRETE CURB & GUTTER DESIGN D418 LIN FT $17.50 1213 $21,227.50 1213 $21,227.50 2531.504 228 7" CONCRETE DRIVEWAY PAVEMENT SQ YD $75.95 836 $63,494.20 120 $9,114.00 78 $5,924.10 243 $18,455.85 194 $14,734.30 128 $9,721.60 73 $5,544.35 2531.504 229 8" CONCRETE DRIVEWAY PAVEMENT SQ YD $84.95 1525 $129,548.75 1015 $86,224.25 338 $28,713.10 129 $10,958.55 43 $3,652.85 2531.603 230 CONCRETE CURB DESIGN V LIN FT $70.00 22 $1,540.00 22 $1,540.00 2532.604 231 8" CONCRETE VALLEY GUTTER SQ YD $70.00 129 $9,030.00 129 $9,030.00 2531.618 232 TRUNCATED DOMES SQ FT $53.00 324 $17,172.00 208 $11,024.00 69 $3,657.00 36 $1,908.00 11 $583.00

2540.602 233 RELOCATE FLAGPOLE EACH $1,000.00 3 $3,000.00 1 $1,000.00 2 $2,000.00 2540.602 234 MAIL BOX SUPPORT EACH $250.00 8 $2,000.00 3 $750.00 1 $250.00 3 $750.00 1 $250.00 2540.602 235 RELOCATE MAIL BOX EACH $200.00 1 $200.00 1 $200.00 2540.618 236 INSTALL CONCRETE PAVERS SQ FT $20.00 20 $400.00 20 $400.00

2545.502 237 LIGHTING UNIT TYPE 9-40 EACH $2,900.00 4 $11,600.00 4 $11,600.00 CSAH 3 (S.A.P. 081-603-036), CSAH 4 (S.A.P. 081-604-027), & CR 74 (S.A.P. 081-593-001)(C.P. 81-1974) IMPROVEMENTS WASECA COUNTY/CITY OF WALDORF 100% PLAN ENGINEERS ESTIMATE - COST SPLIT 2-27-2020

S.A.P. 081-603-036 S.A.P. 081-604-027 S.A.P. 081-593-001 NON-PARTICIPATING TOTAL TOTAL S.P. 8107-21 CSAH 3 STORM SEWER CSAH 4 STORM SEWER CR 74 STORM SEWER (CITY OF WALDORF) ITEM NO. LINE NO. ITEM DESCRIPTION UNIT UNIT PRICE ESTIMATED COST QUANTITY DOLLARS WASECA COUNTY CITY OF WALDORF WASECA COUNTY CITY OF WALDORF WASECA COUNTY CITY OF WALDORF WASECA COUNTY CITY OF WALDORF WASECA COUNTY CITY OF WALDORF WASECA COUNTY CITY OF WALDORF ESTIMATED COST ESTIMATED COST ESTIMATED COST ESTIMATED COST ESTIMATED COST ESTIMATED COST ESTIMATED COST ESTIMATED COST ESTIMATED COST ESTIMATED COST ESTIMATED COST ESTIMATED COST ESTIMATED COST ESTIMATED COST DOLLARS DOLLARS DOLLARS DOLLARS DOLLARS DOLLARS DOLLARS DOLLARS DOLLARS DOLLARS DOLLARS DOLLARS DOLLARS DOLLARS 2545.502 238 LIGHT FOUNDATION DESIGN E EACH $850.00 4 $3,400.00 4 $3,400.00 2545.502 239 SERVICE CABINET - TYPE L1 EACH $5,600.00 2 $11,200.00 2 $11,200.00 2545.502 240 EQUIPMENT PAD B EACH $1,200.00 2 $2,400.00 2 $2,400.00 2545.503 241 2" NON-METALLIC CONDUIT LIN FT $4.50 837 $3,766.50 837 $3,766.50 2545.503 242 3" NON-METALLIC CONDUIT (DIRECTIONAL BORE) LIN FT $20.00 204 $4,080.00 204 $4,080.00 2544.503 243 UNDERGROUND WIRE 1/C 2 AWG LIN FT $2.50 1069 $2,672.50 1069 $2,672.50 2545.503 244 UNDERGROUND WIRE 1/C 8 AWG LIN FT $1.00 3218 $3,218.00 3218 $3,218.00 2545.602 245 INSTALL LIGHTING UNIT EACH $500.00 1 $500.00 1 $500.00

2554.502 246 GUIDE POST TYPE B EACH $60.00 9 $540.00 2 $120.00 3 $180.00 2 $120.00 2 $120.00

2563.601 247 TRAFFIC CONTROL LUMP SUM $27,900.00 1 $27,900.00 0.31 $8,649.00 0.1 $2,790.00 0.05 $1,395.00 0.04 $1,116.00 0.14 $3,906.00 0.06 $1,674.00 0.03 $837.00 0.03 $837.00 0.11 $3,069.00 0.05 $1,395.00 0.03 $837.00 0.02 $558.00 0.01 $279.00 0.02 $558.00 2563.601 248 ALTERNATE PEDESTRIAN ROUTE LUMP SUM $5,000.00 1 $5,000.00 0.32 $1,600.00 0.1 $500.00 0.05 $250.00 0.04 $200.00 0.14 $700.00 0.06 $300.00 0.03 $150.00 0.03 $150.00 0.11 $550.00 0.05 $250.00 0.03 $150.00 0.02 $100.00 0.02 $100.00

2564.502 249 INSTALL SIGN EACH $175.00 24 $4,200.00 8 $1,400.00 2 $350.00 5 $875.00 1 $175.00 6 $1,050.00 2 $350.00 2564.518 250 SIGN PANELS TYPE C SQ FT $55.00 245 $13,475.00 91 $5,005.00 30 $1,650.00 21 $1,155.00 6 $330.00 73 $4,015.00 24 $1,320.00

2572.503 251 TEMPORARY FENCE LIN FT $4.00 2000 $8,000.00 563 $2,252.00 187 $748.00 563 $2,252.00 187 $748.00 375 $1,500.00 125 $500.00 2572.503 252 CLEAN ROOT CUTTING LIN FT $15.00 700 $10,500.00 225 $3,375.00 75 $1,125.00 225 $3,375.00 75 $1,125.00 75 $1,125.00 25 $375.00 2572.510 253 PRUNE TREES HOUR $328.00 30 $9,840.00 11 $3,608.00 3 $984.00 6 $1,968.00 2 $656.00 6 $1,968.00 2 $656.00 2572.601 254 LANDSCAPE RESTORATION LUMP SUM $10,000.00 1 $10,000.00 0.25 $2,500.00 0.08 $800.00 0.25 $2,500.00 0.08 $800.00 0.26 $2,600.00 0.08 $800.00

2573.501 255 STABILIZED CONSTRUCTION EXIT LUMP SUM $1,000.00 1 $1,000.00 0.32 $320.00 0.1 $100.00 0.05 $50.00 0.04 $40.00 0.14 $140.00 0.06 $60.00 0.03 $30.00 0.03 $30.00 0.11 $110.00 0.05 $50.00 0.03 $30.00 0.02 $20.00 0.02 $20.00 2573.502 256 STORM DRAIN INLET PROTECTION EACH $175.00 47 $8,225.00 18 $3,150.00 6 $1,050.00 10 $1,750.00 3 $525.00 8 $1,400.00 2 $350.00 2573.502 257 CULVERT END CONTROLS EACH $175.00 6 $1,050.00 4 $700.00 1 $175.00 1 $175.00 2573.503 258 SILT FENCE, TYPE MS LIN FT $1.70 1901 $3,231.70 1158 $1,968.60 385 $654.50 269 $457.30 89 $151.30 2573.503 259 SEDIMENT CONTROL LOG TYPE WOOD CHIP LIN FT $2.50 1000 $2,500.00 375 $937.50 125 $312.50 188 $470.00 62 $155.00 188 $470.00 62 $155.00

2574.507 260 COMMON TOPSOIL BORROW CU YD $17.00 2466 $41,922.00 1116 $18,972.00 526 $8,942.00 212 $3,604.00 136 $2,312.00 247 $4,199.00 229 $3,893.00

2575.504 261 SODDING TYPE LAWN SQ YD $11.00 82 $902.00 62 $682.00 20 $220.00 2575.504 262 WEED SPRAYING SQ YD $0.10 44443 $4,444.30 10393 $1,039.30 4952 $495.20 17852 $1,785.20 6597 $659.70 2402 $240.20 2247 $224.70 2575.504 263 RAPID STABILIZATOIN METHOD 4 SQ YD $1.65 6097 $10,060.05 1783 $2,941.95 594 $980.10 2790 $4,603.50 930 $1,534.50 2575.523 264 RAPID STABILIZATOIN METHOD 3 M GALLON $285.00 83 $23,655.00 21 $5,985.00 6 $1,710.00 37 $10,545.00 12 $3,420.00 6 $1,710.00 1 $285.00 2575.604 265 TURF ESTABLISHMENT TYPE 1 SQ YD $0.88 13498 $11,878.24 3841 $3,380.08 2407 $2,118.16 1830 $1,610.40 1256 $1,105.28 2038 $1,793.44 2126 $1,870.88 2575.604 266 TURF ESTABLISHMENT TYPE 2 SQ YD $1.33 3121 $4,150.93 1557 $2,070.81 880 $1,170.40 150 $199.50 49 $65.17 364 $484.12 121 $160.93 2575.604 267 TURF ESTABLISHMENT TYPE 3 SQ YD $2.04 1327 $2,707.08 899 $1,833.96 299 $609.96 97 $197.88 32 $65.28 2575.604 268 TURF ESTABLISHMENT TYPE 4 SQ YD $1.41 21727 $30,635.07 3213 $4,530.33 1070 $1,508.70 13083 $18,447.03 4361 $6,149.01 2575.604 269 TURF ESTABLISHMENT TYPE 5 SQ YD $2.12 2866 $6,075.92 240 $508.80 80 $169.60 1910 $4,049.20 636 $1,348.32 2575.604 270 TURF ESTABLISHMENT TYPE 6 SQ YD $15.34 1904 $29,207.36 645 $9,894.30 214 $3,282.76 784 $12,026.56 261 $4,003.74

2582.503 271 4" SOLID LINE PAINT LIN FT $0.20 20148 $4,029.60 7076 $1,415.20 4244 $848.80 2847 $569.40 949 $189.80 3774 $754.80 1258 $251.60 2582.503 272 8" SOLID LINE PAINT LIN FT $2.40 258 $619.20 258 $619.20 2582.503 273 4" DOUBLE SOLID LINE PAINT LIN FT $0.40 9354 $3,741.60 3902 $1,560.80 1300 $520.00 1226 $490.40 408 $163.20 1889 $755.60 629 $251.60 2582.518 274 PAVEMENT MESSAGE PAINT SQ FT $10.00 20 $200.00 20 $200.00 2583.518 275 CROSSWALK PAINT SQ FT $5.20 230 $1,196.00 230 $1,196.00

TOTAL ESTIMATED CONSTRUCTION COSTS $4,525,283.05 $1,423,892.02 ######## ######## ######## ######## ######## ######## ######## ######## ######## ######## $92,735.44 $46,080.69 $29,077.38