FARIBAULT COUNTY

BOARD OF COMMISSIONERS

OFFICIAL PROCEEDINGS

DECEMBER 7, 2006

The Faribault County Board of Commissioners met pursuant to the recess of November 21, 2006 at the Courthouse in the City of Blue Earth at 2:00 p.m. on December 7, 2006. The following members were present: Bill Groskreutz, Loren Lein, Tom Loveall, Barb Steier, and Tom Warmka, Commissioners. County Auditor John Thompson and County Attorney Brian Roverud were also present.

Chairman Groskreutz called the meeting to order.

The pledge of allegiance was recited.

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Warmka/Loveall motion carried unanimously to approve the synopsis and official proceedings of the November 21, 2006 regular meeting.

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Loveall/Lein motion carried unanimously to approve agenda of December 7, 2006.

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The calendar was updated. Committee reports were presented.

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Steier/Loveall motion carried unanimously to close the session to discuss law enforcement center negotiations on the Weerts site.

Meeting was closed. Present were Commissioners Groskreutz, Lein, Loveall, Steier, and Warmka; Auditor John Thompson.

Loveall/Steier motion carried unanimously to re-open the meeting.

Lein motion to table the action on Weerts site for the law enforcement center until the December 19, 2006 meeting died for lack of second.

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Steier/Loveall motion carried to approve Resolution 06-CB-40 as prepared by the County Attorney to be sent to the City of Blue Earth council and request action be taken at their December 18, 2006 meeting. Commissioners Groskreutz, Loveall, Steier, and Warmka voted yes. Commissioner Lein voted no.

CITY OF BLUE EARTH

RESOLUTION ESTABLISHING CONDITIONS FOR INFRASTRUCTURE

IMPROVEMENTS AND RIGHT-OF-WAY DEDICATIONS RELATED TO THE

PROPOSED FARIBAULT COUNTY LAW ENFORCEMENT CENTER

DEVELOPMENT

WHEREAS, the County of Faribault, (hereinafter the County) is desirous of constructing a Law Enforcement Center on an un-platted tract of land located partially within the City of Blue Earth; and

WHEREAS, the County is desirous of obtaining a commitment from the City of Blue Earth as to its requirements for use, maintenance and construction or reconstruction of the existing dedicated public roadway located between the Shell Food Mart and County Kitchen; and

WHEREAS, Robert Weerts, (hereinafter Weerts), the owner of the Shell Food Mart property adjoining on the north side of the existing street, has an existing agreement with the City of Blue Earth as to maintenance of the existing dedicated public right-of-way; there is a Shell Food Mart directional private sign and a garbage holding area owned by Weerts, all within the public dedicated right-of-way; the right-of-way was originally improved as a parking lot for a Hardee's fast food restaurant; and

WHEREAS, the County and Weerts have requested that the current roadway through the former parking lot, which has been improved by an overlay, continue to be used in its current condition; the County proposes to construct a private road extending from the dedicated public right-of-way,

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF BLUE EARTH, MINNESOTA, that

1. The City of Blue Earth will not require the platting of the property acquired by the County for its Law Enforcement Center so long as the parcel acquired is larger than five acres and the County does not seek to have dedicated any new public road.

2. The County and Weerts may delay the improvement of the dedicated road on the following conditions:

a. The City will allow for private maintenance of the existing dedicated 66-foot right-of-way from its intersection with Giant Drive, including responsibility for snow removal, maintenance of the surface and traffic control.

b. The following improvement will be made:

i. The entrance signage within the dedicated right-of-way for the Shell Food Mart will be relocated outside the right-of-way.

ii. The garbage container facility shall be relocated outside the right-of-way.

iii. The south side of the dedicated road shall have curb and gutter completed to the west end of the dedicated right-of-way.

c. The dedicated roadway will be improved to City standards only when Weerts or his assignee or the County petitions for improvement or extension of the road to serve further development that will utilize this roadway.

d. The County Guarantees that it shall pay 1/3 and Weerts or his assignee agrees to pay 2/3 of the improvement cost of a 36-food wide, nine ton design public street and storm sewer improvement for all of the public street from its commencement point (intersection with Giant Drive, the frontage road on the east) running westerly to the end of the currently dedicated street.

e. The County and Weerts or his assignee shall waive any irregularity and any appeal rights of such assessment with respect to such improvements when constructed and assessed.

f. The County and Weerts agree that the terms of this resolution will be confirmed by an agreement that is in recordable form in which the obligations of the County and Weerts runs with the land and are binding on their heirs or assigns.

3. The City of Blue Earth will not initiate any action to improve or assess any future improvement of the dedicated roadway.

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Assessor Susan Wiltse met regarding office business. Assessment values for the 2007 / payable 2008 were discussed.

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Commissioner Lein left the meeting.

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Personnel Director Brenda Ripley met regarding office business.

Loveall/Steier motion carried unanimously to set the 2007 health insurance contribution at $535 per month.

Warmka/Loveall motion carried unanimously to approve the 2007 non-union pay schedule with a 2.75% increase.

Deputy Michael Gormley has requested a leave of absence.

Loveall/Steier motion carried to approve request from Deputy Michael Gormley for a 4 year leave of absence as directed by statute. Groskreutz, Loveall, and Steier voted yes. Warmka voted no.

Steier/Loveall motion carried unanimously to set the sheriff salary at $74,248 for 2007.

Commissioner Lein returned to the meeting.

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Public Works Director John McDonald met regarding office business.

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Feedlot and Zoning Technician Bruce Blakesley and Soil and Water Director Michele Stindtman met regarding the Huntley sewer project.

Lein/Steier motion carried unanimously to appoint Dick Mair, Don Wishman, Commissioner-elect Butch Erichsrud, Winnebago City Administrator Nate Mathews, Darold Nienhaus, Soil and Water Director Michele Stindtman, Feedlot and Zoning Technician Bruce Blakesley, and Auditor John Thompson to the Huntley Sewer District board.

Loveall/Steier motion carried unanimously to authorize the Chair and Auditor to sign the Right of Way Map Certification for the USDA/Huntley Sewer Project.

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Steier/Warmka motion carried unanimously to approve the Homeland Security grant for flu epidemic training in the amount of $7,967 with no local share required.

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Loveall/Warmka motion carried unanimously to set January 2, 2006 at 11:00 for the Lodging Establishment Ordinance hearing.

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Warmka/Lein motion carried unanimously to approve request from S. Cory to attend a one day tax capacity rewrite training in New Ulm.

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Warmka/Lein motion carried unanimously to approve the quote on the replacement of a boiler in the courthouse received from Royer’s Inc. of Winnebago at a cost $4,999.64 which includes removal and disposal of old boiler.

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Loveall/Warmka motion carried unanimously to approve the Department of Corrections Sentence to Serve contract for the fiscal years 2008-2009 at a cost of $35,270 in 2008 and $36,343 in 2009 reflecting a 3% increase each year.

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Warmka/Steier motion carried unanimously to authorize the chair and auditor to sign the State Audit rep letter for the completed 2005 audit.

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Warmka/Lein motion carried unanimously to approve Resolution 06-CB-41 supporting the Traverse des Sioux Library System’s efforts to request more funding for the regional public library system from the State of Minnesota. Commissioners Groskreutz, Lein, Loveall, Steier, and Warmka voted yes.

R E S O L U T I O N

WHEREAS, the regional public library systems in Minnesota have contributed to both improvements in library operations and efficiencies in providing services to the entire population of the State of Minnesota, and,

WHEREAS, the State’s contribution to Regional Library Basic System Support has not increased for more than a decade, and,

WHEREAS, the funding for regional public library systems has increasingly fallen on local property tax dollars,

BE IT RESOLVED, that the Traverse des Sioux Library Board of Trustees hereby requests its legislative representatives and the Governor to place a high priority on a substantial increase in the Regional Public Library System Basic Support appropriation during the 2007 legislative sessions.

BE IT FURTHER RESOLVED, that the Traverse des Sioux Library System Board of Trustees requests that the Association of Minnesota Counties and the League of Minnesota Cities join the Minnesota Library Association (MLA) in lobbying the Legislature for this increase during the 2007 Legislative session.

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Warmka/Loveall motion carried unanimously to pay bills totaling $393,039.44 as follows:

COUNTY REVENUE FUND $ 112,654.61

PUBLIC WORKS FUND 84,170.06

COUNTY LIBRARY FUND 722.29

SOLID WASTE 6,688.85

PRAIRIELAND REFUNDING BONDS 159,683.65

NON REVENUE/DISB AGENCY FUND 4,932.50

DITCH FUNDS 24,187.48

$ 393,039.44

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The meeting was recessed until December 19, 2006.

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William Groskreutz, Jr., Chairman John Thompson, Auditor/Coordinator

12-07-06

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