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PROCEEDINGS OF THE MURRAY COUNTY BOARD OF COMMISSIONERS
MURRAY COUNTY GOVERNMENT CENTER SLAYTON, MINNESOTA
JULY 18, 2006, 9:08 A.M.
Pursuant to notice, the Murray County Board of Commissioners convened with the following members present: Commissioners Alfred Gertsema, Robert Moline, Lyle Onken, William J. Sauer and Kevin Vickerman. Also present Gary D. Spaeth, Auditor-Treasurer and Paul Malone, County Attorney.
The meeting opened by reciting the Pledge of Allegiance to the Flag.
The Chairman asked if there were any additions to the agenda. Several items were added.
It was moved by Robert Moline, seconded by Alfred Gertsema, and passed to approve the agenda as modified.
It was moved by Kevin Vickerman, seconded by Alfred Gertsema, and passed to approve the minutes of the August 16, 2005 meeting, which was held up by the vacation of a township cart way relating to the Order on County Ditch 65 for impounding water.
It was moved by Robert Moline, seconded by Alfred Gertsema, and passed to approve the minutes of the July 5, 2006 meeting.
It was moved by Lyle Onken, seconded by Kevin Vickerman, and passed to approve the minutes of the July 14, 2006 special meeting.
A motion was duly made by Alfred Gertsema, seconded by Lyle Onken, to approve claims as presented for payment.
It was moved by Robert Moline, seconded by Lyle Onken, and passed to table approval of claims for payment until the time that Jim Reinert is on the Agenda for clarification on one claim.
The individual Commissioners reported on their ditch inspections.
A motion was made by Alfred Gertsema, seconded by Robert Moline, with all members of the Board voting their approval to accept the report of the Ditch Committee of the County and Judicial Ditches lying within the County of Murray on those petitions for repair that have been inspected for determining what repairs, if any, are necessary, the extent and nature of such repairs, an estimated costs of such repairs or a list of bills presented for payment that will enable said ditches to answer their purposes and to pay all bills contained within the report.
The following bills were contained within the report:
CONTRACTOR AMOUNT INSPECTOR
Gass Trenching
County Ditch No. 42 4,055.90 Vickerman
County Ditch No. 51 492.50 Sauer
County Ditch No. 56 221.25 Sauer
Judicial Ditch No. 2N 332.23 Vickerman
Judicial Ditch No. 2S 3,488.63 Vickerman
Judicial Ditch No. 17 5,601.25 Gertsema
Gerber Backhoe
County Ditch No. 43A 250.00 Sauer
Johnson Ditching
County Ditch No. 76A 6,553.85 Moline
Onken Backhoe
County Ditch No. 11 310.00 Gertsema
TOTAL for Contractor Ditch Bills 21,305.61
It was moved by Lyle Onken, seconded by Kevin Vickerman, and passed to grant the following liquor license:
3.2 Malt Liquor On and Off Sale License No. 1 to Jeff and DeAnn Carlson dba as Carlson Corner.
It was moved by Lyle Onken, seconded by Kevin Vickerman, and passed to subordinate the septic lien recorded on 11/17/2003 as Document No. 218138 in the Office of the Murray County Recorder, to a subsequent mortgage lien of AgStar Financial Services on the SE¼ Section 3 Ellsborough Township and to authorize the Board Chairman to sign the subordination.
The Board discussed the golf outing that is set for July 20, 2006 at the Slayton Country Club. Board members will provide the food and beverages will purchased at the County Club by those attending.
Commissioner Robert Moline offered the following resolution and moved for its adoption:
RESOLUTION NO. 2006-07-18-01
A Resolution Setting the 2006 per Acre Rental Price for Cropland
in the SE¼ Section 15 Murray Township
WHEREAS, Murray County purchased 81.5 acres of the SE¼ Section 15 Murray Township in spring 2006 and verbally agreed to cash rent any cropland thereon to Francis Gervais in 2006, and
WHEREAS, Murray County and Francis Gervais were aware that the westerly half would have sewer pond construction occurring in 2006 and that the easterly half would be farmed by Gervais with the potential for some of the cropped acres being destroyed because of the construction.
NOW THEREFORE BE IT RESOLVED, that the 2006 rental price for harvested acres is set at $97.50 and that a written lease be prepared for execution by both parties.
The foregoing resolution was duly seconded by Commissioner Kevin Vickerman, and thereupon being put to a vote all members of the Board voted for its adoption.
Karen Tommeraasen and Henry Kreun with the Murray County Food Shelf met and presented the 2005 Annual Report. They reported that the Food Shelf recently received 501(c)3 tax exempt status. They reported that an open house will be held during the County Fair on August 17 from 1:30-3:30 p.m.
Dean Salmon and Chris Hansen met with the Board regarding utility rates that were adopted by the Shetek Area Water and Sewer Commission (SAWSWC) and needs to be acknowledged by Murray County.
Commissioner Lyle Onken offered the following resolution and moved for its adoption:
RESOLUTION NO. 2006-07-18-02
A Resolution Acknowledging the Initial Shetek Area Water and Sewer District
Sewer Utility Rates
WHEREAS, The Shetek Area Water and Sewer Commission and the Murray County Board of Commissioners have initiated construction on the 2006 Shetek Area Sewer Project and have submitted loan applications to the Minnesota Public Facilities Authority; and
WHEREAS, The future loan debt service, operating costs, replacement reserves and other associated maintenance costs are to be funded through a combination of special assessments and user fees; and
WHEREAS, The Murray County Board of Commissioners have approved the Final Assessment Roll setting forth assessments and terms for the Lake Shetek 2006 Sanitary Sewer Improvement Project; and
WHEREAS, The Shetek Area Water and Sewer Commission is responsible for developing a Sewer Rate and Cost Recovery Ordinance that provides for the recovery of the cost of construction as well as the charges for operations, maintenance and replacement of the facilities and the treatment of the generated wastewater, and this Ordinance will be adopted after approval of the loan agreement with the Minnesota Public Facilities Authority; and
WHEREAS, The Minnesota Public Facilities Authority requires approval of an initial rate structure to assure adequate funding of debt service, operations, maintenance, and replacement; and
WHEREAS, The Murray County Board of Commissioners, by Resolution 2006-05-16-01, have approved the preliminary Cash Flow Projections indicating projected user fees; and
WHEREAS, The Shetek Area Water and Sewer Commission has adopted a rate schedule and implementation timeline to cover all projected debt services, operations, maintenance, and replacement costs.
NOW, THEREFORE, BE IT RESOLVED:
1. That the initial sewer utility rates and effective date as approved by the Shetek Area Water and Sewer Commission are hereby accepted by the Murray County Board.
2. That these fees shall be reviewed annually and any amendments shall be forwarded to the County Board.
3. That the County Board may request a rate review by the Shetek Area Water and Sewer Commission if sufficient funds are not being generated by this rate schedule.
The foregoing resolution was duly seconded by Commissioner Alfred Gertsema, and thereupon being put to a vote all members of the Board voted for its adoption.
Dean Salmon, as a member of the Lake Shetek Area Improvement Association (LSAIA), brought up a recent letter to the editor regarding cattle in the water of the inlet of Lake Shetek. The Lake Association has discussed providing labor and materials for installing an electric fence that would keep the cattle off of and out of the Lake. Fence posts have already been donated. Paul Malone will talk to the landowner about the fence.
Robert Moline was informed that the additional 2% interest that was added to the blended interest rate has been factored into the cash flows calculations for the sewer project debt service.
It was moved by Robert Moline, seconded by Alfred Gertsema, to adopt a Murray County Emergency Management Ordinance.
It was moved by Robert Moline, seconded by Kevin Vickerman, and passed to table indefinitely the motion to adopt a Murray County Emergency Management Ordinance.
Paul Malone will determine if a public hearing is required before adopting the Ordinance and Gary Spaeth will attempt to locate previously adopted information regarding emergency management.
Chairman William Sauer administered a loyalty oath to Jim Reinert on his appointment as Murray County Emergency Management Director/Coordinator.
The Board asked Jim to explain an invoice from Burghardt Amateur Center and he indicated that it was ham radio repeater equipment that was installed on the Slayton water tower.
The Chairman took from the table the motion to approve the warrants as presented and carried that all claims as presented were approved for payment. The Chairman was authorized to sign the Audit List dated July 18, 2006 with fund totals as follows and warrants numbered 107444 through 107546:
County Revenue Fund 147,178.57
County Road & Bridge Fund 13,138.09
Sunrise Terrace 2,817.73
Taxes and Penalties Fund 1,600.00
Total 164,734.39
Hospital (July 25 meeting) 1,135,702.08
Total 1,300,436.47
It was moved by Alfred Gertsema, seconded by Lyle Onken, and passed to approve revenues and expenditures as amendments to the 2006 budget, as follows:
2006 Budget Amendments
Department Account No. Revenues Expenditures
General Government 01-003-5001 20,000
Machines Room 01-062-6650 9,287
Food Service Building 01-119-116-6304 18,349
Fairgrounds 01-115-6650 45,605
Fairgrounds Building 01-119-115-6480 5,528
Fairgrounds Building 01-119-115-6622 4,739
Fairgrounds Building 01-119-115-6640 12,007
Highway Dept Building 01-119-310-6260 12,800
Commissioners 01-002-6803 5,728
Fairgrounds 01-115-6260 1,901
Fairgrounds 01-115-6610 11,040
Fairgrounds 01-115-6304 5,000
Government Center 01-119-114-6640 71,804
Courts Building 01-119-112-6640 17,500
Computer Network 01-070-6490 1,709
Landfill 01-391-6563 2,000
Government Center 01-119-114-6304 21,365
Public Relations 01-880-6102 5,500
SAWSC 01-629-6874 1,500,000
69,293
Landfill 01-391-6260 12,500
Randy Groves met with the Board for a bid opening for SAP 51-599-87; 51-606-14; and 51-613-05. Two representatives of bidders were present. Bids were opened and read as follows:
Mathiowetz Construction Co 495,532.50
Midwest Contracting LLC 427,138.00
R & G Construction Co 475,625.50
Randy will take the bids back to the highway department for tabulation and report back later in the meeting.
It was moved by Alfred Gertsema, seconded by Lyle Onken, and passed to authorize the Chairman to sign the contract with Carstensen Contracting Inc for CP 03-06.
It was moved by Alfred Gertsema, seconded by Lyle Onken, and passed to authorize Wally Gregory to attend an all expenses paid Caterpillar training seminar in Peoria, IL.
Randy reported that the new motor grader will be delivered next week. Randy indicated that the tower at the highway department was taken down for $2,500 and that its owner has committed $750 toward the cost. The tower will be disassembled by department personnel and transported to the owner's property north of Slayton.
Jean Christoffels met with the Board on five conditional use permits and reported that Conditional Use Permit No. 1185 was withdrawn.
Jean presented Conditional Use Permit No. 1187 for M.A. Mortenson Company. Pete Nelson with M.A. Mortenson Company was present. This permit is to put up a portable concrete ready mix plant in the NW¼ Section 29 Fenton Township. The Board received the minutes from the July 12, 2006 public hearing on this permit, which included the findings of the Planning Commission.
It was moved by Kevin Vickerman, seconded by Lyle Onken and passed to approve Conditional Use Permit No. 1187 to M.A. Mortenson Company to put up a portable concrete ready mix plant in the NW¼ Section 29 Fenton Township on the recommendation of the Planning Commission.
Jean informed the Board that Xcel Energy/Northern States Power has signed a 60-Day Rule Waiver for a 30-day extension for Conditional Use Permit No. 1186, which requires no action to be taken.
Jean presented Conditional Use Permit No. 1184 for Phil Gervais. Phil Gervais and Dave and Jane Wagner were present. This permit is to construct and operate a new feedlot over 300 animal units in the Ag District within 1/8 mile of an adjoining property line by constructing a finishing hog barn with a concrete pit and an office in the SW¼NW¼ Section 21 Mason Township. The Board received the minutes from the June 29, 2006 public hearing on this permit, which included the findings of the Planning Commission.
Paul Malone referred to an agreement that was included in the Board packet between Gervais and the Wagner's regarding a lawsuit filed by the Wagner's. Paul has prepared a proposed stipulation relating to the agreement that he will have filed in District Court.
It was moved by Robert Moline, seconded by Lyle Onken and passed to approve Conditional Use Permit No. 1184 to Phil Gervais to construct and operate a new feedlot over 300 animal units in the Ag District within 1/8 mile of an adjoining property line in the SW¼NW¼ Section 21 Mason Township on the recommendation of the Planning Commission, subject to filing of a proposed stipulation relating to a lawsuit filed by Dave and Jane Wagner in district court.
Jean presented Conditional Use Permit No. 1183 for Phil Gervais. Robert Rosengren was also present. This permit is to construct and operate a new feedlot over 300 animal units in the Ag District within 1/8 mile of an adjoining property line by constructing a finishing hog barn with a concrete pit and an office in the NW¼SW¼ Section 29 Lake Sarah Township. The Board received the minutes from the June 22, 2006 public hearing on this permit, which included the findings of the Planning Commission. The Planning Commission has recommended that the permit be denied.
Phil Gervais indicated that he is planning to hire an engineer to prepare a ground water study, which he will share with the County. If the findings of the study are unfavorable, he will withdraw his application for a permit.
It was moved by Kevin Vickerman, seconded by Lyle Onken, and passed to set a Public Hearing on Conditional Use Permit No. 1183 for August 8, 2006 at 10:00 a.m. in the Murray County Commissioners Room to receive additional information.
Commissioner Alfred Gertsema offered the following resolution and moved for its adoption:
RESOLUTION NO. 2006-07-18-03
A Resolution Authorizing and Fixing Terms of Sale
BE IT HEREBY RESOLVED, That the parcels of land forfeited to the State for nonpayment of taxes, appearing on the list filed with the County Auditor, which have been classified and appraised as provided by Laws 1935, Chapter 386 as amended, shall be offered for sale by the County Auditor, said sale to commence at 10:00 a.m. on August 7, 2006, and the County Auditor is hereby directed to publish notice of sale as provided by law.
BE IT FUTHER RESOLVED, That the terms of the sale shall be for cash only.
The foregoing resolution was duly seconded by Commissioner Robert Moline, and thereupon being put to a vote all members of the Board voted for its adoption.
Gary Spaeth distributed a letter dated July 11, 2006 from Minnesota State Archaeologist Scott Anfinson regarding the importance of archaeological sites in the Lake Shetek vicinity.
Chris Hansen met with the Board to present the Murray County Local Water Management Plan Priority Concerns Scoping Document and to survey Board member attendance at an upcoming meeting. No action was taken.
Randy Groves reported by telephone that he found no errors after tabulation of bids opened earlier.
It was moved by Lyle Onken, seconded by Robert Moline, and passed to award the contract for SAP 51-599-87, SAP 51-606-14, and SAP 51-613-05 to Midwest Contracting LLC for $427,138.
William Sauer distributed a 2004 traffic count map of the Southwest Minnesota area and brought up for discussion U.S. Highway 59 being considered for change from status as a major to minor collector road.
Alfred Gertsema reported that RSVP is proposing an increase in its per capita rate to $1.30 for 2007.
Gary Spaeth will clarify with Parks Director Mike Bambrick if Relay For Life will be charged for use of the Fairgrounds for its annual fundraiser.
The meeting adjourned at 11:35 a.m.
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