PROCEEDINGS OF THE MURRAY COUNTY BOARD OF COMMISSIONERS

MURRAY COUNTY GOVERNMENT CENTER – SLAYTON, MINNESOTA

MAY 21, 2002 – 9:00 A.M.

Pursuant to notice, the Murray County Board of Commissioners convened with the following members present:  Commissioners Alfred Gertsema, Steve Johnson, Gaylen Jensen, Kevin Anderson and William J. Sauer.  Also present Gary D. Spaeth, Auditor/Treasurer, Robert Klingle, Administrative Assistant to the Board 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.

A motion was duly made by Steve Johnson, seconded by Alfred Gertsema, and carried that all claims as presented were approved for payment.  The Chairman was authorized to sign the Audit List dated May 21, 2002 with fund totals as follows and warrants numbered 87772 through 87843:

County Revenue Fund                                       34,242.46                              

County Road & Bridge Fund                               6,006.92                    

County Building Fund                                              48.00

County Parks Fund                                                 242.58

End-O-Line Park Fund                                           309.13

Tri-County Recycling Fund                                     621.53

County Ditch Fund                                              8,045.33

Solid Waste                                                         3,832.23

Sunrise Terrace                                                   6,520.14

Subtotal                                                             61,898.82                  

Hospital                                                           292,871.59

Ron Ringquist was present to discuss the Engineering Contract on the Improvement of County Ditch No. 22 Laterals.  Ron admitted that an error was made in billing and that any overpayments made would be reimbursed to the County.  He requested that the Board approve two invoices totaling $576.50 above the contract amount for engineering services.  If approved Sioux Engineering would pay a refund of $436.08 to Murray County.  No action was taken. 

Karl, Stan and Marty Kaatz of K & K Tiling, Contractor and Dick Myhre, with Dick’s Excavation, sub contractor joined Ron.  They indicated work on the contract would be done by the June 1, 2002 completion date. There was also a brief discussion of penalties to be assessed on the construction phase of the contract with K & K Tiling, Inc. 

There were concerns expressed by the Contractor about the leveling of black dirt on the Duane Carlson land and issues regarding seeding.  Carlson intends to level his black dirt in the fall and the Contractor needs to complete seeding by the June 1, 2002 completion date.  The Contractor wants the Board to be aware that their responsibility ends after they level the spoils and complete inslope seeding satisfactorily.  They feel it necessary for the County to have someone oversee the leveling of black dirt by Carlson to ensure that it is done according to the specifications, as the work by the Contractor will have been completed and approved by that time.  Ron will talk to Duane Carlson about the concerns of the Contractor.

There was discussion by the Board on the Mattson fence issue.  Paul Malone will review a stipulated agreement on County Ditch 34 and report back to the Board at its Friday May 24, 2002 Special meeting.  The Contractor needs to know the Board’s decision on this issue so they can proceed accordingly if it needs to be included as a project cost.

Ron Ringquist informed the Board that a MnDOT field approach needs to be moved on Duane Carlson’s farm and moved to another location.  Ringquist will prepare a change order and have it here for the May 24, 2002 Special Board meeting.

The next issue discussed was appointing an engineer to replace the late Charles Gronberg on the County Ditch No. 34 and 22 Laterals Projects.  Paul Malone will call the Secretary of State’s office to verify that William Moldestad is licensed as a professional engineer.  The Board will appoint this individual after verification is done. 

Ron Ringquist indicated he and the Contractor would prepare a letter to be sent to landowners adjacent to the open ditch channel on County Ditch 34.  The letter will inform them that the contractor intends to have the project completed in two weeks and to have any leveling of black dirt done before then. 

Mark, Chad and Russell Bonnstetter were present at the meeting at this time.  Also present were fourteen other interested persons and Bob Ossefoort, John Johnson and Gerald DeKruif from the Planning Commission.

Karen Onken presented Conditional Use Permit No. 1107 for Mark Bonnstetter.  The Permit is for a new feedlot in the SE1/4 SW1/4 SE1/4 Section 24, Lowville Township.   The Board received the minutes from the May 14, 2002 Public Hearing and Findings of Fact of the Planning Commission.   

Karen Onken presented Conditional Use Permit No. 1108 for Chad Bonnstetter.  The Permit is to expand an existing feedlot by 680 animal units in NW1/4 NW1/4 SW1/4 Section 1, Cameron Township.   The Board received the minutes from the May 14, 2002 Public Hearing and Findings of Fact of the Planning Commission.  Karen presented letters dated May 14, 2002 from Chuck and Joan Vasgaard and one dated May 13, 2002 from members and visitors of Ellsborough Lutheran Church opposing the Permit. 

Karen presented a letter to the Board from Chad Bonnstetter dated May 21, 2002, which was read into the record.  Chad also indicated he has intention of moving his own family to this site within five years.   

Chairman William J. Sauer opened the meeting up for discussion at this time.  Curtis Erickson, Treasurer of Ellsborough Lutheran Church read his letter dated May 13, 2002 and presented a letter from Real Estate Broker Darrell D. Hoyle.   Chuck Vasgaard presented information along with letters from Real Estate salesperson Edward Brands and one from neighbors Amanda & Duane Timmerman.  Joel Vasgaard presented some statistical data and a topographical map all concerning air pollution and its effects on surrounding residents.  Eric Vasgaard with KeloLand TV presented several handouts regarding the effects of air pollution regionally.  It was pointed out in the discussion that several residents in the area of the existing feedlot currently have asthma type health problems.  Several others in attendance also made comments opposing approval of the Permit.

John Johnson commented that hog farmer Scott Schwartz could be contacted about his good operation on Lake Shetek.  Bob Ossefoort made a comment regarding four hog houses and feed trucks in the township where he lives being less of a problem to township roads than construction of wind towers.

Jon Bloemendaal was present and answered a question about construction of hog pits and MPCA regulations on feedlots.

RESOLUTION NO. 2002-05-21-01

A Resolution Establishing Commissioner Districts following the 2000 Federal Census

WHEREAS, the Murray County Board of Commissioners filed its redistricting plan with the County Auditor on March 26, 2002, and

WHEREAS, the redistricting plan that was filed is identical to the current plan adopted in 1992, and

WHEREAS, Notice of a public hearing of intent to consider plans for redistricting of county commissioner districts was published and held on May 7, 2002, and

WHEREAS, no additional plans were received prior to the published date of said public hearing nor were any comments made regarding the Plan filed with the County Auditor.

NOW THEREFORE BE IT RESOLVED, that the redistricting plan filed with the County Auditor on March 26, 2002 is adopted.

RESOLUTION NO. 2002-05-21-02

A Resolution Supporting the Efforts of the

Southwest Regional Development Commission

WHEREAS, Murray County has demonstrated by its actions that it is committed to improving the economic conditions and quality of life of its people, and

WHEREAS, recent years have brought instability to agriculture, scarce capital for investment and shrinking markets have seriously aggravated the already critical economic problems, and

WHEREAS, the current serious economic distress requires immediate and direct attention and action to assist area residents in their pursuit of economic independence and to assist area business persons towards successful competition in the business climate of today; and

WHEREAS, the Southwest Regional Development Commission has been instrumental in the creation of employment opportunities, the retention of existing opportunities, and the dissemination of information that provides assistance to industry and business in the achievement of these objectives; and

WHEREAS, the continues designation of the Southwest Regional Development Commission as an Economic Development District will expand and enhance the Regions opportunities to diversity and strengthen our economy;

NOW THEREFORE BE IT RESOLVED, that Murray County supports the efforts of the Southwest Regional Development Commission and wishes to continue to actively participate in the activities of the Economic Development District; to contribute towards the Goals and Policies as described in the Overall Economic Development Program for the region; and to promote the redevelopment implementation strategy for the nine counties comprising the Southwest Regional Development Commission.

The meeting adjourned at 4:55 P.M.

ATTEST:  ____________________________________________  ______________________________

                             Murray County Auditor/Treasurer                                Chairman of the Board