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Commissioner's Meeting Minutes Print E-mail
 
PROCEEDINGS OF THE MURRAY COUNTY BOARD OF COMMISSIONERS
MURRAY COUNTY GOVERNMENT CENTER SLAYTON, MINNESOTA
JULY 26, 2005 9:00 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 Kevin Vickerman, seconded by Lyle Onken and passed to approve the agenda as modified.

It was moved by Robert Moline, seconded by William Sauer and passed to approve the minutes of the July 12, 2005 regular meeting with corrections and the July 19, 2005 special meeting.

A motion was duly made by Lyle Onken, seconded by Kevin Vickerman, and carried that all claims as presented were approved for payment.  The Chairman was authorized to sign the Audit List dated July 26, 2005 with fund totals as follows and warrants numbered 103336 through 103422:

County Revenue Fund
83,400.78
County Road & Bridge Fund 
29,800.23
Sunrise Terrace
7,930.54
Hospital
1,026,009.24


Total 
1,147,140.79

Sheriff Steve Telkamp was called and placed on speakerphone for information regarding the drug dog its cost.  Steve indicated that the purchase of Baileyť was covered by donations and there was no fee for the trainer course taken by Deputy Brian Gass.

Gary Spaeth presented the following petition for repair: County Ditch 20.

A motion was made by Robert Moline, seconded by Lyle Onken 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.

Chris Hansen met with the Board regarding a request for pre-approval on a county septic system loan.  A memo from Chris was received in the board packets.

It was moved by Lyle Onken, seconded by Kevin Vickerman, and passed to pre-approve a county septic system loan for a landowner purchasing a building site with an existing septic system in the NW corner Section 31 Murray Township to construct a new home.

Chris presented the Board with information regarding an application for a county septic system loan on a building site in the NWĽ Section 24 Slayton Township.  The application does not meet the requirements of the county septic system loan policy relating to loan to value.  Chris was instructed to obtain information on what the Assessor's estimated market value could be after new construction and return later in the meeting.  No action was taken.

Gary Spaeth presented a partial release of a septic lien for property in the SEĽ Section 3 Holly Township.  An assumption agreement was received from the owner of a building site in Section 10 Holly Township, which would allow the Board to provide a partial lien release on the property in Section 3 Holly Township.

It was moved by Lyle Onken, seconded by William Sauer, and passed to authorize the Auditor/Treasurer to sign a Partial Release of Septic Lien dated June 27, 2002 and filed for record July 2, 2002 as Document No. 313377 in the Office of the Murray County Recorder.

Marcy Barritt met with the Board to request approval for overnight stay for Pam Friesen to attend ËśUniform Standards of Professional Appraisal Practice' in Albert Lea, MN on November 15-16, 2005.

It was moved by Robert Moline, seconded by Lyle Onken, and passed to approve overnight stays for Pam Friesen to attend the ËśUniform Standards of Professional Appraisal Practice' workshop on November 15-16, 2005 in St. Cloud, MN.

It was moved by Lyle Onken, seconded by Kevin Vickerman, and passed to allow employees of the Murray County Memorial Hospital to donate vacation time to a fellow employee.

The Board discussed when it would take a vote following the centralized sewer improvement hearing on July 30, 2005.  The discussion tended toward making the decision at the Hearing of when the vote would take place.  No action was taken.

Jeremy Holtz and Wendy Krueger, MN DNR, and Lynn Wichmann, Neil Scharfe, Chairman, and Stan Larson, Vice-President, members of the Balaton Sportsmen's Club met with the Board.  Jeremy presented a land acquisition proposal for 21.6 acres in the NEĽNEĽ Section 11 Ellsborough Township.  Lynn Wichmann presented a letter from the Balaton Sportsmen's Club dated July 13, 2005 to Ellsborough Township Officials, and informed the Board that the Township took action supporting the Proposal.  Jeremy indicated that the tract would be added to the Nelson Wildlife Management Area and that the deed would contain a covenant for three tile outlets to the seller.

Commissioner William Sauer offered the following resolution and moved for its adoption:

RESOLUTION NO. 2005-07-26-01
A Resolution Approving Land Acquisition

IT IS HEREBY RESOLVED, By the Murray County Board of Commissioners that the Minnesota Department of Natural Resources' proposed acquisition of 21.6 acres in the NEĽNEĽ Section 11 Ellsborough Township be approved.

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.

Karen Onken and Chris Hansen met with the Board regarding the Murray County Zoning Ordinance.  Email from Joe Oschwald, DNR Area Hydrologist, dated July 20, 2005 was included in the board packets and was reviewed.  The Board discussed taking language out of the Zoning Ordinance that defines gravel as 50% imperious, which was approved by the Board on December 28, 2004.  The DNR considers gravel as 100% impervious and will not give its approval to the Ordinance as approved.  The State Court of Appeals has ruled against the DNR and its position that gravel is 100% impervious, although the ruling has not resulted in the DNR changing its position.

It was moved by Robert Moline, seconded by Alfred Gertsema, to remove the following language from Section 108.  Impervious Surface.ť of the Zoning Ordinance that was adopted on December 28, 2004: For the purpose of computing impervious surface, 50% of the area of gravel driveways, gravel roadways or gravel parking areas shall be deemed to be imperviousť.  The vote is recorded as follows:

Ayes:  Commissioners Moline and Gertsema
Nays:  Commissioners Onken, Sauer, and Vickerman.  
The Chairman declared the motion failed.

It was moved by Lyle Onken, seconded by Alfred Gertsema, to change language in Section 108.  Impervious Surface.ť of the Zoning Ordinance that was adopted on December 28, 2004 from For the purpose of computing impervious surface, 50% of the area of gravel driveways, gravel roadways or gravel parking areas shall be deemed to be imperviousť to For the purpose of computing impervious surface, 100% of the area of gravel driveways, gravel roadways or gravel parking areas shall be deemed to be imperviousť.  The vote is recorded as follows:

Ayes:  Commissioners Moline, Onken, and Gertsema
Nays:  Commissioners Sauer and Vickerman.
The Chairman declared the motion passed.

Karen will proceed to have the Zoning Ordinance published as adopted on December 28, 2004 with the language change, which would make it effective therewith.

It was moved by William Sauer, seconded by Lyle Onken, and passed to authorize the Chairman and the Auditor to sign the Snowmobile Trail Limited Use Permit with the Minnesota Department of Transportation.

Paul Malone commented on the county septic system loan policy and indicated that if the Assessor's estimated market value exceeds the total of the septic loan and existing mortgages the loan would be approved.  Chris Hansen returned to the meeting with information that the property has been revalued for the new construction at a value where the matter can be handled administratively.  No action was taken.

It was moved by Lyle Onken, seconded by Kevin Vickerman, and passed to amend the 2005 County Budget for various Fund Departments as follows:

Department 
Account No.
Revenues
Expenditures
Fairgrounds
 01-115-6610
0
5,040
County Building Imprvmts
01-119-115-5861 
20,000
 0
County Building Imprvmts
01-119-115-6260
0
373,000
Shetek Aeration
01-542-5760
6,200
0
Shetek Aeration
01-542-6480
0
2,325
Sewer & Water Commission 
01-629-6874 
0
522,794
General Government
01-003-6889
0
4,878
Drug Dog
01-210-6680
0
6,000
Drug Dog
01-210-5760
4,800
0
General Government
01-003-5001
181,716
0
Road & Bridge 
10-310-5001
29,985
 0

Alfred Gertsema informed the Board of concerns with the air quality in the Government Center building and made reference to a 2002 petition by employees to have an air quality inventory done and a presentation made in 2002 by Johnson Controls for proposed improvements to the Courts and Government Center Buildings.  A study may be necessary as soon as a situation with the air conditioner is corrected.  Alfred also reported that bricks from the Courts Building have fallen to the ground and away from the building east of the Law Enforcement Center.  No action was taken.

Gary Spaeth reported that Bruning Construction has agreed to construct three walls inside the exhibit area of the new 4-H dining building at the Fairgrounds for fair board offices for $10,000.  No action was taken.

It was moved by Lyle Onken, seconded by Robert Moline, and passed to approve the transfer of a 3.2 Off Sale Malt Liquor License from Easy Street to Chandler Cooperative dba Cenex Convenience Store.

It was moved by William Sauer, seconded by Lyle Onken, and passed to approve Payment Request No. 2 for $46,562.71 to Slayton Building Materials for the 4-H Dining Room building.

Alfred Gertsema updated the Board on some of the procedures he would utilize in conducting the July 30, 2005 centralized sewer improvement hearing, which he would make available to those in attendance.  The Shetek Area Water and Sewer Commission (SAWSC) will be asked to organize a method for receiving public input that would allow everyone the opportunity to speak in an orderly manner.  The Board discussed taking the vote at a regular board meeting.  The SAWSC heard from Red Rock Rural Water at its July 25, 2005 meeting that it is probable three years from having water available to that area.  The Board could postpone paving the road following construction of the sewer until after Red Rock Rural Water can lay its lines in and homes have hooked up.  The Board also discussed the effects of widening the road for a walking path.  Paul Malone explained condemnation when it causes a standard lot to be sub-standard.

The Commissioners gave their committee reports.

Alfred Gertsema reported on Planning & Zoning June 27, Hospital Executive June 28 and 30, Highway Dept Building July 6, Ditch Meeting July 12, Renewable Energy July 14, Hospital Finance July 15, Special Meeting July 19, Southern MN Tourism July 20, RSVP July 21, Regional Solid Waste and Rural Energy Board July 25.

Robert Moline reported on County Ditch 20 June 23, Jail Study July 8, Ditch Meeting July 12, Extension July 13, Renewable Energy July 14, Special Meeting July 19, County Ditch 20 July 20, Hospital Meeting July 26.

Lyle Onken reported on Hospital Executive June 28 and 30, Highway Dept Building July 6, Ditch Meeting July 12, Hospital Finance July 15, Special Meeting July 19, Hospital Meeting July 26.

William J. Sauer reported on Plum Creek Library June 21, Heron Lake Restoration June 28, Parks Board June 29, Jail Study July 8, Ditch Meeting July 12, Extension July 13, Renewable Energy July 14, Lime Lake County Park July 18, Special Meeting July 19, SMOC July 25, Hospital Meeting July 26.

Kevin Vickerman reported on RC&D June 28, Ditch Meeting July 12, Special Meeting July 19, Hospital Meeting July 26.
 
It was moved by Robert Moline, seconded by Lyle Onken, and passed to approve the Commissioner Vouchers.

The Board received information in the Board packets on 2005 Confessions of Judgment and Offers to Pay as of July 22, 2005 regarding Forfeited Land.

The meeting adjourned at 11:50 a.m.