| Commissioner's Meeting Minutes |
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PROCEEDINGS OF THE MURRAY COUNTY BOARD OF COMMISSIONERS
MURRAY COUNTY GOVERNMENT CENTER SLAYTON, MINNESOTA APRIL 11, 2006 9:01 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 Lyle Onken, and passed to approve the agenda as modified. It was moved by Alfred Gertsema, seconded by Lyle Onken, and passed to approve the minutes of the April 4, 2006 meeting with one correction. Heidi Winter, Economic Development, met with the Board on three issues. Commissioner Alfred Gertsema offered the following resolution and moved for its adoption: RESOLUTION NO. 2005-04-11-01 A Resolution Authorizing Transfer of JOBZ Sub-Zone Acres Within the City of Slayton WHEREAS, The Job Opportunity Building Zone (JOBZ) program, created in Minnesota Session Laws 2003, 1st Special Session, Chapter 21, Article 1, allows for the formation of tax free zones; and, WHEREAS, A tax free zone designation and certain JOBZ sub-zone acres in the City of Slayton have been approved by the Minnesota Department of Employment and Economic Development; and, WHEREAS, Two sub zones were authorized in the original application for the City of Slayton totaling 29.16 acres. WHEREAS, The City of Slayton is pursuing a potential manufacturing business that would require a zone modification. WHEREAS, The City of Slayton wishes to transfer within its city limits, 0.22 acres from the City of Slayton's Sub-Zone Area #109, parcel identification number 29.565.001.0 to parcel identification number 29.495.008.0; and WHEREAS, Murray County wishes to support economic development activities within its boundaries. WHEREAS, this transfer of acres proposed below will not result in a net loss or a net gain of JOBZ sub-zone acres in Murray County, THEREFORE BE IT RESOLVED, That the Murray County Board of Commissioners finds this transfer of JOBZ sub-zone acres to be consistent with the economic development objectives outlined in Resolution No. 2003-09-09-02; and, BE IT FURTHER RESOLVED, That the Murray County Board of Commissioners approves the transfer of sub-zone acres within the City of Slayton and approves said acres to be included in the JOBZ zone areas of Murray County; and; BE IT FURTHER RESOLVED, that Murray County agrees to provide to the new JOBZ sub-zone acres in the City of Slayton all of the local tax exemptions and credits required and provided for under the Job Opportunity Building Zones (JOBZ) legislation and agrees to forgo the tax benefits resulting from the local and state tax exemptions and credits provided under the Job Opportunity Building Zones (JOBZ) legislation. The foregoing resolution was duly seconded by Commissioner Lyle Onken, and thereupon being put to a vote all members of the Board voted for its adoption. Heidi brought a request for a disbursement of funds from the Murray County Economic Development Revolving Loan Fund that has been recommended by the Murray County Economic Development Authority. It was moved by Lyle Onken, seconded by Kevin Vickerman, and passed to authorize the disbursement of $20,000 from the Murray County Economic Development Revolving Loan Fund to Ron Johanning and Heath Kooiman of The Grain Exchange in Slayton at 6% interest for 10 years, with a five-year balloon payment. The Murray County Economic Development Authority is requesting a Satisfaction of Mortgage for a 2004 loan that took a second position to the Currie State Bank. Commissioner Alfred Gertsema offered the following resolution and moved for its adoption: RESOLUTION NO. 2005-04-11-02 A Resolution Authorizing a Satisfaction of Mortgage to The First Position of the Currie State Bank WHEREAS, On October 1, 2004 a disbursement from the Murray County Economic Development Revolving Loan Fund was made to Brian K. Musser (d.b.a. Lakeside Grille, Pool and Pins) for $10,000, amortized for seven (7) years at 3.5% and taking a second position to the Currie State Bank in Currie, Minnesota; and WHEREAS, On October 4, 2004 a Mortgage was filed with the Murray County Recorder as Document No. 220864 for the aforementioned disbursement; and WHEREAS, On July 22, 2005 a Notice of Lis Pendens (Mortgage Foreclosure Court File No. 51-C5-05-000165) was filed with the Murray County Recorder as Document No. 223190 with an outstanding balance of $9,256.10; and WHEREAS, The Murray County Economic Development Authority is commissioned to foster economic development in Murray County; and WHEREAS, Providing a Satisfaction of Mortgage for the aforementioned would allow Currie State Bank to gain clear title on the property and place it on the market for a prospective new owner. NOW, THEREFORE, BE IT RESOLVED, That the Murray County Economic Development Authority be authorized to file a Satisfaction of Mortgage for the October 4, 2004 mortgage filed with the Murray County Recorder as Document No. 220864. BE IT FURTHER RESOLVED, That the Chairman and the Auditor/Treasurer be authorized to sign the Satisfaction of Mortgage on behalf of Murray County. The foregoing resolution was duly seconded by Commissioner Lyle Onken, and thereupon being put to a vote all members of the Board voted for its adoption. Gary Spaeth presented the following petitions for repair: Judicial Ditches 7 and 10. A motion was made by Robert Moline, seconded by Kevin Vickerman and carried that the Commissioners appointed as Inspectors in and for the County of Murray, are hereby instructed to examine and inspect that portion of the foregoing described County and Judicial Ditches, lying within the County of Murray, for the purpose of determining what repairs are necessary, and if deemed necessary, to prepare either a cost estimate of said repair, or order said repairs to be made, with a report to be given thereon at a Murray County Board of Commissioner's meeting, held in the Commissioners Room of the Murray County Government Center, Slayton, Minnesota. The individual Commissioners reported on their ditch inspections. A motion was made by Kevin Vickerman, seconded by Lyle Onken, 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:
It was moved by Alfred Gertsema, seconded by Robert Moline, and passed to approve overnight stays for Jim Johnson to attend the 2006 Minnesota County Recorders' Association Summer Conference and Workshop on June 13-16, 2006 at Madden's Resort in Brainerd. Margie Anderson, along with Lydia Messner, who is President of the Murray County 4-H Federation met with the Board to present a $3,400 donation for the new 4-H Dining and Exhibit Building at the fairgrounds and representing 25% of the annual 4-H fundraiser. The Chairman accepted the donation on behalf of Murray County. Jim Reinert met with the Board and discussed a decision on committing to build a new grandstand for the 2008 racing season or repairing the structural deficiencies of the existing grandstand. Commissioner Alfred Gertsema offered the following resolution and moved for its adoption: RESOLUTION NO. 2005-04-11-03 A Resolution Committing to Construct a New Grandstand Prior to the Start of the 2008 Racing Season WHEREAS, SEH, Inc. has estimated a cost to cure deficiencies in the current grandstand on the Murray County Fairgrounds to be in excess of $50,000, and WHEREAS, the cost to prepare the existing grandstand for use prior to the 2006 racing season is estimated to be $5,000, and WHEREAS, replacement of the existing grandstand would involve an expenditure of the $5,000 but would eliminate the deficiencies. NOW THEREFORE BE IT RESOLVED, the existing grandstand should be repaired immediately and the Fairground Advisory Committee is directed to begin planning replacement for its to be completed before start of the 2008 racing season. The foregoing resolution was duly seconded by Commissioner Lyle Onken, and thereupon being put to a vote all members of the Board voted for its adoption. Mike Bambrick, Scott Kleve and Stan Larson were present to request authority to purchase fence for the turns three and four on the south end of the racetrack and which would be the first of three phases of fencing. The other two areas are north of the track and in front of the grandstand after it is replaced. Scott indicated that materials for the fence would cost $4,450 and that labor would be donated by the Murray County Racing Association. It was moved by Alfred Gertsema, seconded by Robert Moline, and passed to authorize the fairgrounds director to purchase fencing materials for the south side of the racetrack. Stan presented a second quote for painting the arena gates and the horse stalls that are being manufactured. Dean Larson was also present and he had presented a quote at the March 21 meeting. The quotes were opened and were read as follows and do not include sales tax:
It was moved by Robert Moline, seconded by Lyle Onken, and passed to authorize Jim DeYonge to paint the arena gates and horse stalls for $325. It was moved by Robert Moline, seconded by Alfred Gertsema, and passed to authorize the sale of the old horse arena fencing for $1,000, to be removed by May 1, 2006. The Board discussed the special assessment hearing held on April 8, 2006 and the decision to certify the assessments that would be made prior to the construction contract for the sanitary sewer project being awarded on April 18, 2006. The Board discussed a letter of intent with the city of Currie and a discharge permit that has been issued to the city and includes the Shetek Area Water and Sewer District. The Currie City Council meets this evening and Kevin Vickerman and William Sauer would attend representing the County Board. The Board discussed the assessment roll that is being modified based on comments reported to Chuck Pettipiece and the engineers by individual property owners during meetings prior to the assessment hearing and that would be received prior to final certification of the assessment roll by the Board. Paul Malone was asked about written objections that were submitted for deferral of assessments for senior citizens as allowed by state statute and he indicated that to do so the Board would make the deferral effective on all subsequent assessment certifications. Written objections that were submitted prior to adjournment of the assessment hearing were discussed. Gary Spaeth reported that his office is currently working on a spreadsheet indicating what parcel assessments have been appealed. It was moved by Kevin Vickerman, seconded by Robert Moline, and passed to set a special meeting for Monday, April 17, 2006 at 3:00 p.m. Gary Spaeth asked two questions regarding ditches. The first was from a landowner who has asked about the procedure for removing benefits from land that has been enrolled permanently into the CREP program. Paul Malone indicated that, according to Statute 103E a petition is needed before the benefits can be reconsidered. The second question was from Xcel Energy regarding a utility easement that lies within a drainage easement area and has an open ditch constructed in it. Xcel wants to know if they can install overhead power lines within the area in question. Contractors Don Gass and Lyle Onken both indicated overhead power lines would be a safety concern for ditch maintenance and should not be allowed in the drainage easement area. Don Gass met with the Board regarding a petition for repair of County Ditch 54 and indicated that a large section of 15¯ tile is in need of replacement. Don estimates the cost at $25,000 and wants Board approval before proceeding. It was moved by Alfred Gertsema, seconded by Lyle Onken, and passed to approve repair work on County Ditch 54 by Gass Trenching to replace up to 2000' of 15¯ tile with dual wall plastic tile. Don Gass brought up the issue of curtain drains that are not allowed in Murray County according to the current zoning ordinance. Don stated that Minnesota Rule 7080 allows curtain drains but Murray County does not. The Board decided by consent to wait until there is a Zoning Administrator in place full time and not open up the Ordinance until the new person has a chance to consider the issue. Marcy Barritt met with the Board to give an update on the Maple View Estates and Maplewood Court property in the City of Fulda that she determined to be taxable in 2005. The 2006 assessment is currently being made and the issue of exemption is still being pursued by Arlan Swanson, who is the Administrator of the properties. Marcy informed the Board of a similar property in Cottonwood County that was recently ruled to be taxable by Tax Court. Marcy and the Administrator have been in contact over the past several months over the exemption issue that had been previously discussed at the 2006 County Board of Appeal and Equalization. Marcy left the meeting to obtain more information from Cottonwood County. The Chairman took the following motion off the table from the April 4, 2006 meeting: Commissioner Robert Moline offered the following resolution and moved for its adoption: RESOLUTION NO. 2006-04-04-06 A Resolution Acknowledging Community-Based Energy Development (C-BED) Status for Shetek Wind, LLC WHEREAS, It is the policy of the State of Minnesota to foster Community-Based Energy Development (C-BED) projects; and WHEREAS, The state C-BED statute calls for County Board approval of C-BED projects Minn. Stat. § 216B.1612, subd.2(f)(3); and WHEREAS, The development of (CBED) wind projects in Murray County provides economic opportunity for residents of the County; and WHEREAS, The Shetek Wind, LLC project which is proposed for development in Murray County by a Minnesota limited liability company organized by Minnesota residents; and WHEREAS, The Minnesota limited liability company that will be developing wind turbines is Shetek Wind LLC; and WHEREAS, The developers understand and accept responsibility for securing all necessary permits for development of wind turbines and towers; and WHEREAS, This project calls for the development of up to 250 megawatts of wind energy to be produced by as many as 100 turbines; and WHEREAS, The projects are structured to ensure that a majority of the financial benefit of the project accrues to the local owner of the project. NOW, THEREFORE, BE IT RESOLVED, That the Murray County Board hereby indicates its support for the development of the Shetek Wind Energy Center project as a C-BED project, subject to the authority of said County Board, to grant or deny any applications for permits or licenses for said project as may be provided by state statute or local ordinances, rules or regulations. The foregoing resolution was duly seconded by Commissioner Alfred Gertsema¯ Annette Behr, Southwest Regional Development Commission, was contacted and was placed on speakerphone for clarification on C-BED projects. The Chairman called for the vote on Resolution No. 2006-04-04-06 and all members of the Board voted for its adoption. Kym Christiansen and Chris Hansen met with the Board to give an update on the Lime Creek Sewer Project pre-development application that was denied by MPCA. Kym stated that the residents of Lime Creek approached the city of Fulda to be allowed to use its sewage treatment ponds and the City has agreed. Kym would prepare paperwork and come back for signatures regarding the arrangement with the City for use of its ponds. No action was taken. It was moved by Alfred Gertsema, seconded by Lyle Onken, and passed to authorize meeting pay of $40 for the Pandemic Task Force. Jim Reinert, Howard Konkol and Chris Hansen met with the Board regarding Resolution 2005-05-17-01. They reminded the Board that as ditch inspectors they need to complete inspections on ditches that were improved since 1991, or assign an employee to complete the inspections for them. Kevin Vickerman indicated that he has completed inspections on two ditches but would need to document his findings. Kevin reported that 40% of what he inspected does not have a required grass buffer strip, but when he approached the landowners they indicated they would re-establish the strips if the requirement were enforced on everyone. A letter would be prepared for landowners that are found to be in violation of the requirement for the grass buffer strip on open ditches that were improved since 1991. Jim would prepare a checklist for use out in the field by the ditch inspectors. Jim Reinert proposed to reprogram the fire base radio at a cost of $2,500 and installing of HAM¯ communication equipment at a cost of $5,000, instead of replacing the current fire base repeater at $12-15,000 located at the water tower building. Jim indicated that the Sheriff is in agreement with the proposal, which would be funded by the State of Minnesota from phone surcharge collections. No action was taken. Marcy Barritt returned to the meeting and reported that the assisted living facility in Westbrook is taxable and its clinic and hospital are not taxable. Commissioner Lyle Onken offered the following resolution and moved for its adoption: RESOLUTION NO. 2006-04-11-04 A Resolution to Make Maple View Estates and Maplewood Court Tax Exempt for the Taxes Payable Year 2007 WHEREAS, the deadline for filing a claim in Tax Court for Taxes Payable in 2006 is April 30, and WHEREAS, The Murray County Assessor ruled in 2005 that the classification of real estate known as the Maple View Estates and Maplewood Court facilities in the City of Fulda was taxable, and WHEREAS, the administrator for both facilities provided information to the Assessor to prove that the property is exempt, and WHEREAS, the County Assessor does not feel that the six factors that were established by a Northstar¯ Tax Court decision have been met by the facilities to qualify for tax-exempt status. NOW THEREFORE BE IT RESOLVED, that the classification of Maple View Estates and Maplewood Court be classified as tax exempt in 2006 for Taxes Payable in 2007. There was no second, so the motion dies for lack of a second. Commissioner Robert Moline offered the following resolution and moved for its adoption: RESOLUTION NO. 2005-04-11-05 A Resolution to Hire a Second Part-Time Assistant Director for End-O-Line Railroad Park and Museum WHEREAS, Murray County needs an individual that can be trained to take over the Director position at End-O-Line Railroad Park and Museum, and WHEREAS, Cristy Surprenant has applied for the Assistant Director position that was advertised and has been volunteering at the Park this spring. NOW THEREFORE BE IT RESOLVED, that Christy Surprenant be hired as Assistant Director at End-O-Line Railroad Park and Museum at $9.14 per hour effective April 1, 2006. The foregoing resolution was duly seconded by Commissioner Lyle Onken and thereupon being put to a vote all members of the Board voted for its adoption. The meeting adjourned at 12:24 p.m. |
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