PROCEEDINGS OF THE MURRAY COUNTY BOARD OF COMMISSIONERS

MURRAY COUNTY GOVERNMENT CENTER – SLAYTON, MINNESOTA

MARCH 5, 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 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.

Gail Byers, Kim Konkol, Janet Voges, LaDean Lang and Theresa Lindsley representing the American Cancer Society, met with the Board to request that March 11-16, 2002 be proclaimed Daffodil Days� in Murray County.

RESOLUTION NO. 2002-03-05-01

A Resolution Proclaiming Daffodil Days

Jim Reinert met with the Board for a monthly safety report.  He informed the Board that the MCIT Defensive Driving Class would be March 11, 2002. 

The Board discussed a new water main for the fairgrounds.  It was decided by consent that Jim Reinert was to talk with plumbers and Mike Gillette with the City of Slayton to put together a quote package for area plumbers to bid on.   This quote package would be for a new water main at the fairgrounds and curb stops for all buildings. 

Jim also informed the Board of a $5,000 Weapons of Mass Destructions� grant with which he is considering purchasing a 10x18 portable decontamination shelter.

County Revenue Fund                                     $36,519.71      

County Road & Bridge Fund                             30,486.78      

County Parks Fund                                                 408.06

End-O-Line Park Fund                                           856.07

Tri-County Recycling Fund                                  1,190.24

County Ditch Fund                                                 676.90

Sunrise Terrace                                                   1,242.62

            Total                                                                 71,380.38

Gary Spaeth was instructed by the Board to send a letter to Department Heads encouraging employees to use County Motor Pool vehicles for business trips whenever possible.

William J. Sauer appointed Gaylen Jensen as a committee of one to explore the purchase of a van for the County Motor Pool.  He was also instructed to check with the Sheriff about the Chevy Lumina that was to have been transferred over to the Motor Pool back on August 14, 2001.

The Board discussed an adult entertainment-zoning ordinance that was discussed at the February 19, 2002 meeting.  There are ordinances being obtained from other counties for the Planning Commission to pattern an adult entertainment ordinance after for Murray County.

Corny Smit, Chairman of the Shetek Area Water and Sewer Commission (SAWSC) met with the Board to recommend John Mahrt be appointed to the SAWSC and Brad Nelson to the SAWSC Advisory Committee. 

The Board expressed concern over the Brad Nelson recommendation as he is a permanent resident of the Sewer District and that the Advisory Committee is intended for seasonal residents only.  Paul Malone will be asked to clarify this when he arrives at the meeting.  William J. Sauer indicated that Don Hansen has expressed interest in serving on the Commission also.  The Board contacted him by phone to see if he would consider serving and he said he would like to think about it.  These appointments will be put on the agenda for next week.

Duane Carlson and Marvin Mattson, landowners on County Ditch No. 34 met with the Board.  Carlson requested that an inspector be hired to double check the inspecting work of Sioux Engineering, Inc.  The Board will inform Duane if it decides to hire another inspector.

Marvin Mattson presented a list of names of people that are listed as landowners in the Final Engineer’s Report for County Ditch No. 34.  He said that they are not landowners and requested that the Board delete these names from County Ditch No. 34.  It was explained to him that if land these people own did not receive benefits from the Viewers Report their names being listed there are of no consequence.  No action was taken on this matter but it will be considered later.     

Karen Onken met with the Board to discuss Conditional Use Permit Numbers 1104 and 1105.  The Board received the minutes from the February 26, 2002 public hearing on these Permits and that included the findings of the Planning Commission.  One condition recommended by the Planning Commission was that the applicant provide a written agreement with the Township on roads.  The Board will place the item on a future meeting agenda, after it receives the written agreement with the Township from the applicant, to make a decision on approving the Permits.

There was discussion on the taxation and a possible moratorium on yet to be constructed wind turbines.  The Board will talk to Paul Malone about this issue when he arrives at the meeting. 

Karen Onken presented quotes from Larry Mechtenberg and Pro Cellular regarding the purchase of two cell phones for the Environmental Office.  The Board instructed Karen to contact Cellular One for a quote and report back at a later meeting.

Karen Onken presented a Brown County resolution establishing a moratorium on adult uses in their County and directing a study to be conducted on the regulation of such uses for a twelve-month term. This item will be placed on the March 12, 2002 meeting agenda.

Karen Onken presented a map showing the area covered by the legal description for a conditional use permit that was approved on September 18, 2001.  She requested that the Board amend the legal description of this permit to allow Xcel Energy to run their transmission line on the east side of the road instead, to avoid a wetland that lies on the west side of the road.  Greg Schneider with Xcel Energy arrived at the meeting at this time and indicated that landowners on both sides of the road are willing to work with them on the re-routing of the transmission lines to avoid the wetland.

RESOLUTION NO. 2002-03-05-02

A Resolution Amending the Legal Description for Conditional Use Permit No. 1100

WHEREAS, The legal description contained in Permit No. 1100 did not specify which side of the road the transmission lines could be constructed on, and

WHEREAS, Changing the legal description to specify one side of the road or the other can be amended without the need for a new public hearing.

NOW, THEREFORE, BE IT RESOLVED, That the legal description of Conditional Use Permit No. 1100 be amended to allow construction of transmission lines on either side of any roads along the route as described in Conditional Use Permit No. 1100.

Chairman Sauer distributed a letter to the Board dated February 25, 2002 from Jim Sehl, Area Hydrologist with DNR Waters regarding individual sewage treatment systems within the shore land zoning district in Murray County.  The letter was discussed briefly with Karen Onken.  No action was taken.

Carol Morgan, executive director of the American Red Cross Southwest Minnesota Chapter met with the Board to introduce herself. 

Randy Groves met with the Board and talked about the detour agreement for CSAH 21 and CSAH 38 with MnDOT.  He informed the Board that he is still negotiating the amount to be paid by MnDOT, which can be determined in one of two ways.  The first one is by the Gas Tax Method, which is currently being used in this Agreement, and the second one is by the Non-Destructive Test Method, which costs $3,100.00 and must be paid for by the County.  Randy recommended approving the original agreement and then amending it later if needed to use the Non-Destructive Test Method. 

RESOLUTION NO. 2002-03-05-03

IT IS RESOLVED, That Murray County enter into MnDOT Agreement No. 82819 with the State of Minnesota, Department of Transportation for the following purposes:

To provide for payment by the State to the County for the maintenance and use of County State Aid Highway No. 21 and No. 38 as a detour route during bituminous mill and overlay, edge drain, culvert, and turn lane construction to be performed upon, along and adjacent to Trunk Highway No. 14 from 502 feet west of the junction with Trunk Highway No. 29 to 0.1 miles west of Lyon County Road No. 73 under State Project No. 4202-24 (T.H. 14=007).

Randy presented three bids off the State Bid for the purchase of two 4x4 extended cab, shortbox pickups for the Highway Department as follows:

                                                         Base Amount                   Delivery              State Bid

Randy Groves brought a proposed resolution and Quit Claim Deed for conveyance of real estate to the City of Slayton that the County has obtained from Thomas Ackerman adjacent to CSAH 8 in Lake View Addition to the City of Slayton.  The City of Slayton is in need of the tract of land so that it can change the access for North Tamarack Drive to CSAH 8.

RESOLUTION NO. 2002-03-05-04

A Resolution Authorizing the Conveyance of Real Estate

WHEREAS, Real estate hereinafter described and owned by Murray County is not needed for any corporate use, and

WHEREAS, The City of Slayton needs to acquire the real estate hereinafter described for a road construction project, and

WHEREAS, It is in the best interest of Murray County to dispose of the real estate described as follows:

PARCEL 1:

All that part of Lot Two (2), Block One (1) of Lake View Second Addition in the City of Slayton, County of Murray, as filed and recorded in the office of the County Recorder in and for said Murray County, lying west of the following described line;

Beginning at the southwest corner of said Lot Two (2); thence North 09 degrees 48 minutes 33 seconds West, bearing based on the south line of said Lot Two (2) to bear North 89 degrees 28 minutes 33 seconds West, a distance of 139.05 feet to the north line of said Lot Two (2), said line there terminating.

PARCEL 2:

All that part of Lot One (1), Block One (1) of Lake View Second Addition to the City of Slayton, County of Murray, as filed and recorded in the office of the County Recorder in and for said Murray County, lying west of the following described line;

Commencing at the southwest corner of Lot Two (2) of said Block One (1); thence North 09 degrees 48 minutes 33 seconds West, bearing based on the south line of said Lot Two (2) to bear North 89 degrees 28 minutes 33 seconds West, a distance of 139.05 feet to a point on the south line of said Lot One (1), said point being the point of beginning of said line to be described; thence continuing North 09 degrees 48 minutes 33 seconds West a distance of 45.92 feet; thence northerly, along a tangential curve concave to the east, having a central angle of 10 degrees 20 minutes 00 seconds, a radius of 410.74 feet, and an arc length of 74.08 feet; thence North 00 degrees 31 minutes 27 seconds East, tangent to said curve, a distance of 20.90 feet, to the north line of said Lot One (1), said line there terminating.

NOW THEREFORE BE IT RESOLVED, By the Board of Commissioners of Murray County, Minnesota, that Murray County shall convey the real estate above described to the City of Slayton by a Quit Claim Deed, and the Chairman of the Board of Commissioners and the Auditor/Treasurer are hereby authorized and directed to execute said Quit Claim Deed conveying the above described real estate on behalf of Murray County.

The foregoing resolution was duly seconded by Commissioner Steve Johnson and thereupon being put to a vote all members of the Board voted for its adoption.

Randy Groves presented a breakdown of the cost to repair the East Shop totaling $17,324.38.

Caryl Busman and Margaret Kluis with the Historical Museum met with the Board regarding the roof on the main historical building.  Caryl presented a written explanation of what the problem is with a proposed solution.   Gaylen Jensen is going to check with Architect Steve Robinson of Worthington and refer him to Caryl.

The Board discussed County Ditch No. 34 again.  Gary Spaeth will get a list of the cost of inspection to date and contact Ron Ringquist and the Contractor and Sub-contractor Dick’s Excavation to attend the Board’s March 12, 2002 meeting. Ron will be instructed to bring a list of items necessary to complete the contract on County Ditch No. 34.  The inspection issues brought up by Duane Carlson earlier in this meeting will also be discussed with Ron at that time. 

The Board discussed an enclosure in their packets regarding the Notice of Public Hearing from the Heron Lake and Okabena-Ocheda Watershed Districts on storm water and erosion control rules that is to be held on March 19, 2002 at 7:00 P.M. in Worthington at the Nobles County Courthouse.   Chairman William J. Sauer is the committee member that attends Heron Lake Watershed meetings and he also appointed Gaylen Jensen, the alternate on the Committee, to attend and receive per diem.

The Board discussed an Extension meeting that is being proposed by Cottonwood County to discuss Extension issues that are currently in the forefront for budget cuts.  The meeting was originally set for March 15, 2002.  Gary was to inform Cottonwood County that the Commissioners and Extension Committee will be attending.  Dorothy Bloemendaal, Chair of the Extension Committee, who was present as a member of the press, said she and Gaylen would not be able to attend because of a conflict in their schedules.  (After the meeting a fax was received from Cottonwood County stating that it had several requests to reschedule the meeting due to the same conflict of schedules and that the March 15 meeting will be postponed until sometime in April.)

Jon Bloemendaal met with the Board to present a spreadsheet showing the need at the Tri-County Recycling Center for additional part-time help.  This will be a regular part-time Recycling Worker I position with a maximum of 1,500 hours per year.

Jim Sehl, DNR Waters Area Hydrologist and Karen Onken met with the Board to discuss septic systems being brought up to code and non-compliance.  This is in regards to the letter that Chairman William J. Sauer had distributed earlier in the meeting. Paul Malone was directed to come up with a written procedure on how to handle non-compliance.

Chairman William J. Sauer appointed Gail Byers to the Lincoln Lyon Murray Pipestone Public Health Services Advisory Committee.  There is still one appointment that remains open, which will be made at a later meeting. 

The meeting adjourned at 12:07 p.m.