PROCEEDINGS OF THE MURRAY COUNTY BOARD OF COMMISSIONERS
MURRAY COUNTY GOVERNMENT CENTER – SLAYTON, MINNESOTA
March 24, 2009 – 9:00 a.m.

Pursuant to notice, the Murray County Board of Commissioners convened in special session with the following members present:  Commissioners John Giese, Gerald Magnus, Robert Moline, William J. Sauer and Kevin Vickerman.  Also present Heidi Winter, Auditor-Treasurer and Paul Malone, County Attorney.

Katie Meyer, Human Resource Director brought the following items as recommendations from the Personnel Committee. 

It was moved by Kevin Vickerman, seconded by John Giese and passed to approve the promotion of Lonn Jackals to the position of Highway Maintenance Supervisor, effective 3/24/09 at the pay scale of 367.

Commissioner Sauer reported on the March 23, 2009 Southwest Minnesota Opportunity Council meeting, bringing forward a request for the Murray County Board to support the authorization of SMOC in being charged with the administration of funds made available through the Minnesota Housing Finance Agency for Family Homelessness Prevention and Assistance in Murray County.  The Board agreed by consensus and will ratify the action by passing a resolution for this at their regular meeting on April 7, 2009. 

Mylan Larson, Larson Backhoe Service, and Brad and Jamie Johnson, Johnson Ditching Inc., were present and submitted quotes for ditch repair for 2009.  Quotes for qualified ditch contractors would be obtained and kept on file with a current certificate of insurance.

It was moved by Robert Moline, seconded by William J. Sauer, and passed to authorize the Chairman and Auditor-Treasurer to sign contracts with Johnson Ditching, Inc. and Larson Backhoe Service for county and judicial ditch repair work for 2009.

The Commissioners gave their committee reports for the period of March 8 – March 21, 2009. 

Kevin Vickerman reported on Personnel Committee – March 9, Commissioner Meeting and Township Meetings – March 10, RCRCA and Personnel Committee – March 16, Commissioner Meeting and Labor Negotiations – March 16, Human Services (No Per Diem Claimed) – March 18, Citizens Corps Group (No Per Diem Claimed) – March 19 and Retirement Reception for Wally Gregory (No Per Diem Claimed) – March 20.

Robert Moline reported on Commissioner Meeting and Township Meetings – March 10, Wellness Committee and Soil & Water Board – March 12, Commissioner Meeting – March 17, MCIT Training – March 18, Citizens Corps Group (No Per Diem Claimed) – March 19 and Retirement Reception for Wally Gregory (No Per Diem Claimed) – March 20.

John Giese reported on Commissioner Meeting and Townships Meetings – March 10, Minnesota River Board – March 16, Commissioner Meeting and Tri-County Recycling – March 17, RSVP and Southwest Tourism Association – March 19, EDA Tourism and Personnel Committee – March 20.

William J. Sauer reported on Heron Lake Watershed District Board – March 9, Commissioner Meeting and Township Meetings – March 10, Labor Negotiations – March 11, Commissioner Meeting and Labor Negotiations – March 17.

Gerald Magnus reported on Personnel Committee – March 9, Commissioner Meeting and Township Meetings – March 10, EDA and Personnel Committee (No Per Diem Claimed), Personnel Committee and Ditch Inspection (JD10) – March 16, Commissioner Meeting and Tri-County Recycling – March 17, MCIT Training – March 18, Personnel Committee – March 19 and 20. 

It was moved by John Giese, seconded by William J. Sauer, and passed to approve the Commissioner Vouchers for the period of March 8 – March 21, 2009.

Marcy Barritt updated the Board on the implementation schedule for the Green Acres Program in Murray County.  The Board placed the item on the April 7, 2009 agenda at 11:15 a.m. for further discussion.  

The Board reviewed a list of possible budget saving ideas put together by the Department Heads at their March 19, 2009 meeting.  No Board action was taken.
 
Board Chair called a special meeting for 4/2/09 at 7:30 p.m. in Commissioner’s Room to allow Commissioners to attend the Planning Commission meeting where updated septic system rules will be discussed. 

The Board Chair recesses the meeting at 11:43 a.m. for lunch and reconvened at 2:06 p.m. following the Hospital Board Meeting. 

The Board held a planning session where buildings were discussed.  No Board action was taken.   

The meeting recessed at 2:53 p.m.

At 3:00 p.m. the Board Chair called to order a public hearing to take public comment on a petition for Impoundment/Repair/Abandoment pursuant to M.S. § 103E.227/103E.701/103E.805 for County Ditch 67.

The Board chair opened with introductions and turned the meeting over to Tom Wenzel, Engineer with the Minnesota Board of Water and Soil Resources for a presentation of the Engineer’s Report. 

The Board Chair opened the floor to questions and public comment.

The Board Chair closed the public hearing at 4:03 p.m.

It was moved by William J. Sauer and seconded by John Giese to grant approval of the Findings and Order in the matter of the petition filed on January 13, 2009 for the Impoundment/Repair/Abandonment of County Ditch 67.  The motion passed with a roll call vote as follows:  Kevin Vickerman - Yes; Robert Moline – Yes; William J. Sauer – Yes; John Giese – Yes; Gerald Magnus - Yes. 

STATE OF MINNESOTA
MURRAY COUNTY BOARD OF COMMISSIONERS
AS DRAINAGE AUTHORITY FOR COUNTY DITCH #67

The matter of creation of a Water                         )   Order Granting Petition to Impound Water
Impoundment on County Ditch No. 67                )   Pursuant to 103E.227 to Repair Pursuant
In Sec. 3 of Slayton Township, Murray Co.  )  to 103E.701 and to Abandon Pursuant to 103E.805 on a Portion of County Ditch #67 Located in Murray County
 
The Murray County Board of Commissioners, as Drainage Authority for County Ditch #67, held its final public hearing on¬¬¬¬¬¬¬¬¬¬¬¬¬¬ March 24, 2009, to consider the Petition of Mr. Randy Christiansen and the Murray County Soil and Water Conservation District to impound water on and to repair a portion of County Ditch #67.

FINDINGS

1. On or about January 13, 2009, the Murray County Board of Commissioners, Drainage Authority for County Ditch (CD) #67, received a Petition from the Murray County Soil and Water Conservation District (the “SWCD”) and Mr. Randy Christiansen (the “Landowners”) to create an impoundment and to repair a portion of the CD #67 tile on property owned by the Landowners in the NW ¼ of Section 3 of Slayton Township.
2. The Drainage Authority was authorized to act upon the petition pursuant to Statutes 103E.227, 103E.701 and 103E.805.
         3.      The Landowners are the owners of the Northwest Quarter of Section 3, Slayton Township, Murray County, Minnesota (the “Property”).
4. The Property is benefited by CD #67 of Murray County and within the area assessed for benefits from the ditch.
5. The Landowners worked with the SWCD and the Minnesota Board of Water and Soil Resources (the “BWSR”) through its Reinvest in Minnesota (RIM) Reserve program to place a perpetual conservation easement (“Easement”) on the affected property.
6. The purpose of the Easement is to retire marginal farmland, restore and preserve both wetland and upland habitat.
7. To facilitate participation in the RIM Reserve program, the Landowners are to alter or obstruct artificial drainage existing on or providing drainage to the Property.
8. The petitioners and the BWSR have investigated the potential and feasibility of various alterations and obstructions to portions of CD #67 on the property.
9. The petitioners propose a feasible alteration and obstruction alternative to the CD #67 tile system (the “Project”), which will restore and preserve both wetland and upland habitat on the property.
10. CD #67 will continue to benefit the Landowner’s property and serve as an outlet for waters being drained to and from the Property.
11. The extent to which the landowners use the ditch system, the number of private laterals attached to the system and the farming practices of landowners on the system, does not normally affect the benefits assessed against the landowners.
12. The BWSR’s engineers prepared surveys of the Property, plans and specification of the proposed structures, maps of the affected areas, and other technical data related to the Project on the Property.
13. The Drainage Authority appointed Tom Wenzel, Design Engineer with BWSR, as the project engineer to review the surveys of the Property, plans and specification of the proposed structures, maps of the affected areas, and other technical data related to the Project on the Property.
14. The Project Engineer Tom Wenzel reported that the Project is feasible and the Board determined that it would not damage or impair the drainage benefits to other properties benefited by CD #67.
15. The Engineer found: (1) that the Project is feasible: (2) that the Project is of public benefit and utility; and promotes public welfare considering the environmental and land use criteria in Section 103E.015 of Minnesota Statutes; and (3) that the outlet is adequate.
16. It appears from the hearing and from the Engineer’s Report and other evidence presented that the creation of an impoundment and the subsequent abandonment and re-alignment of portions of CD #67 will be of public and private benefit and will not impair the utility of the ditch or deprive affected landowners of its benefit.
17. The petitioners have met the statutory criteria necessary for the Drainage Authority to issue its approval of the Project.
ORDER

1. The Drainage Authority hereby approves the Petition of Mr. Randy Christiansen and the Murray County Soil and Water Conservation District to modify portions of the County Ditch #67 drainage system and to impound waters on the petitioning landowners property in the Northwest Quarter of Section 3 in Slayton Township, Murray County, Minnesota, pursuant to MN Statutes 103E.227, 103E.701 and 103E.805.
2. The petitioning landowners shall be responsible for the cost of installation and construction of the proposed works associated with this petition for impoundment and repair on the County Ditch #67 drainage system.
3. The petitioning landowners shall continue to be responsible for payment of ditch assessments according to the benefits previously established without adjustment or modification as a result of this order.
4. The petitioning landowners shall be responsible for future maintenance and repair of water control structures and embankments associated with the impoundment.
5. The drainage authority shall continue to maintain any re-aligned portions of the County Ditch #67 drainage system modified as part of this petition to repair.
6. The petitioners shall meet all other requirements of Minnesota Statutes Chapter 103E.227, 103E.701 and 103E.805 in implementing this project.
7. Pursuant to the petition and the subsequent Engineer’s Report, the Drainage Authority shall order:
a. The abandonment of approximately 4,180-feet of Branch P tile from station 35+70 to 77+50 and re-aligned with approximately 1,465-feet of new tile and outlet ditch which will direct flow into the impoundment area;
b. That all of the existing Branch P-5 tile be abandoned;
c. That all of the existing Branch P-6 tile be abandoned;
d. That all of the existing Branch P-7 tile be abandoned;
e. That all of the existing Branch P-8 tile be abandoned;
f. The abandonment of approximately 1,150-feet of Branch P-9 from station 0+00 to 11+50 and re-aligned with approximately 300-feet of new tile and outlet ditch which will direct flow back into the impoundment area;
g. The abandonment of approximately 950-feet of Branch P-12 from station 0+00 to 9+50 and re-aligned with approximately 375-feet of new tile and outlet ditch which will direct flows into the impoundment area;
h. The abandonment of approximately 620-feet of Branch P-13 from station 0+00 to 6+20 and re-aligned with approximately 500-feet of new tile and outlet ditch which will direct flows into the impoundment area;
i. The abandonment of approximately 200-feet of Branch P-15 from station 0+00 to 2+00 and re-aligned with approximately 550-feet of new tile and outlet ditch which will direct flows into the impoundment area;

There being no further business, the meeting adjourned at 4:04 p.m.