FARIBAULT COUNTY

BOARD OF COMMISSIONERS

OFFICIAL PROCEEDINGS

OCTOBER 2, 2007

The Faribault County Board of Commissioners met in regular session at the Courthouse in the City of Blue Earth at 9:00 a.m. on October 2, 2007. The following members were present: Bill Groskreutz, Butch Erichsrud, Tom Loveall, Barb Steier, and Tom Warmka, Commissioners. County Auditor John Thompson and County Attorney Brian Roverud were also present.

The meeting was called to order Chairman Warmka. The pledge of allegiance was recited.

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Steier/Erichsrud motion carried unanimously to approve the synopsis and official proceedings of the September 18, 2007 regular meeting.

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Groskreutz/Loveall motion carried unanimously to approve the agenda of October 2, 2007.

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During public comment Tony Ziegler, a landowner in Easton, met regarding CD #43. He feels that his land is drained out of the system. He has received the bill and stated he has never had an assessment on CD #43. A plat was presented showing extensive tiling. It appears that viewers found that benefits were charged due to surface drainage. Discussion was held on the process viewers follow to assess benefits. No action was taken.

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The calendar was updated. Committee reports were presented. Commissioner Loveall reported on the Huntley project ribbon cutting. Commissioner Groskreutz reported on the House Transportation meeting. Commissioner Erichsrud reported on the public health conference and on the Minnesota Rural Energy Board. Commissioner Steier and Loveall reported on union negotiations. Commissioner Warmka reported on the Walters sewer project, the Minnesota Rural Energy Board, and Emergency Management Services.

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Treasurer Dave Frank met regarding SSTS business.

Steier/Groskreutz motion carried unanimously to approve the following SSTS loans: $9,851.67 to Lorna Cory on Parcel No. 19.020.0800 in Walnut Lake Township and $8,616.98 to Michael Anderson on Parcel No. 02.015.0301 in Blue Earth Township.

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Faribault County Zoning Administrator Bruce Blakesley and Faribault County Soil and Water Director Michele Stindtman met to discuss the feedlot application of David and Susie Olson and to update the board on waste water projects. Stindtman updated the board on the Huntley and Walters sewer projects.

A feedlot notification hearing was held for an application of David and Susie Olsen for a feedlot permit. Notice of the hearing was presented by Zoning Administrator Bruce Blakesley. Also present were David and Susie Olsen. Blakesley reviewed the project and the application. Blakesley reported that all of the county setback requirements were met. The purpose of the meeting was to take public comment on the application. The applicants noted that some changes were made in the project to address some neighbors concern. Bill Barke met on behalf of Dale Stallkamp and read a letter on his behalf. He was concerned about the location. Mr. Tony Ziegler noted that animal units are actually not the number of animals and is deceiving.

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Public Works Director John McDonald met regarding office business. A construction update was given.

Groskreutz/Erichsrud motion carried unanimously to approve Resolution 07-CB-34 declaring October 10, 2007 as Put The Brakes On Fatalities Day. Commissioners Erichsrud, Groskreutz, Loveall, Steier, and Warmka voted yes.

R E S O L U T I O N

Put The Brakes On Fatalities Day®

October 10, 2007

WHEREAS, Traffic crashes cause more than 43,000 fatalities each year and are the leading cause of death for people ages 6 to 33;

WHEREAS, In 2005, more than half (55%) of passenger vehicle occupants killed in traffic crashes were unrestrained; however, 420 children under the age of 5 were saved as a result of child restraint use.

WHEREAS, Alcohol-related crashes account for 39 percent of all traffic fatalities;

WHEREAS, Poor road conditions and obsolete designs contribute to more than 15,000 highway deaths annually;

WHEREAS, Deaths and injuries on U.S. highways cost society over $150 billion annually;

WHEREAS, Safer driving behaviors such as the use of seat belts, not drinking and driving and obeying traffic laws would dramatically reduce the number of traffic-related injuries and deaths;

WHEREAS, The use of cost-effective roadway safety improvements such as all-weather signing and markings, traffic signals, skid resistant pavements and removal of roadside hazards could also greatly reduce the number of traffic crashes;

WHEREAS, The continued development of safer vehicles and protective traffic safety equipment will enhance people’s ability to protect themselves and their families from preventable and tragic permanent injuries and deaths;

NOW, THEREFORE, Faribault County Board of Commissioners, do hereby proclaim October 10, 2007, as Put The Brakes On Fatalities Day®, and call upon everyone to help save lives by spreading these important messages throughout our communities.

An update was given on Joint County Ditch #301 in Faribault and Freeborn Counties and the moving of a ditch near a road. The drainage authority deemed it was not necessary.

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Loveall/Erichsrud motion carried unanimously to approve Resolution 07-CB-35 proclaiming October as National Domestic Violence Awareness month. Commissioners Erichsrud, Groskreutz, Loveall, Steier, and Warmka voted yes.

R E S O L U T I O N

WHEREAS, a home should be a place of stability, comfort, and love. Domestic violence shatters this important foundation;

WHEREAS, the problem of domestic violence affects all citizens of Minnesota, crossing all racial, social, religions, ethnic, geographic, and economic groups;

WHEREAS, domestic violence is a terrible crime that results in tremendous tragedy for its victims. It can destroy lives and it insults the dignity of women, men, and children. National Domestic Violence Awareness Month is an opportunity to underscore our commitment to bringing an end to violence at home.

WHEREAS, domestic violence is an immense problem in our state, where in 2006, over 58,000 primary victims received services from Minnesota’s battered women’s programs. At least 20 women, 12 children, and one man in Minnesota died in 2006 as a result of domestic violence, according to the Minnesota Coalition for Battered Women’s 2006 Femicide Report.

WHEREAS, batterers of women are highly likely to abuse their children: 49% of batterers abuse their children, whereas only 7% of non-abusive partners perpetrate violence against their children, according to a national study by Murray Strauss. The batterer’s behavior often undermines the relationship between a mother and her children.

WHEREAS, a Wilder Foundation study found the most common reason for women to seek temporary shelter in Minnesota is to flee an abusive partner. Thirty-one percent of all women surveyed in 2003 were homeless, at least in part, because of domestic abuse in the last 12 months. In addition, 34% of homeless adults reported that they had stayed in an abusive relationship because they had nowhere else to live;

WHEREAS, domestic violence is widespread, including one in three Americans who have witnessed an incident of domestic violence and with an annual cost to U.S. companies of $3.5 billion in lost work time, increased health care costs, higher turnover, and lower productivity;

NOW, THEREFORE, in recognition of the impact that domestic violence has on the health and well being of our community, we, the Commissioners of Faribault County MN, to hereby proclaim October 2007 as Domestic Violence Awareness Month.

Further, we reaffirm the commitment of Faribault in reducing violence in our homes, as well as on our streets. We urge all citizens to participate in the activities planned by battered women’s programs and community organizations during this month. Citizens should also take this opportunity to educate themselves about the impact of domestic violence in Minnesota and to become familiar with resources and programs available. This month let us remember the victims of domestic violence, celebrate the survivors, and work together to eliminate violence against women and children from our community.

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No action was taken regarding a fee proposal by PFM, Inc to provide services for the Law Enforcement Center bond issues. The County Auditor will review the process and may perform the task in house which would result in saving the $750 initial fee and $350 annually.

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Erichsrud/Loveall motion carried unanimously to approve estimate No.4 received from Gaub, Inc for $234,807.70 on Contract Part A and $8,154.80 on Part B of the Huntley sewer project.

Erichsrud/Steier motion carried to approve change order No. 1 on the Huntley sewer project giving the contractor an additional 15 days for completion revising the completion date to November 1, 2007. Commissioner Groskreutz voted no.

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Mike Kearns of CAM Inc met with board regarding the bid openings on Law Enforcement Center project.

Loveall/Groskreutz motion carried unanimously to accept the following bids on the Law Enforcement Center: from Wilcon Construction of St. James for footings and foundations in the amount of $498,000 and from Wells Concrete of Wells for pre cast concrete in amount of $1,555,817. Other bids received were: $517,000 from Heyman Construction, $547,000 from The Joseph Company, and $672,400 from Northland Concrete for footings and foundations; and one other from Hanson Precast in the amount of $2,183,371 for pre cast concrete.

Kearns gave a construction update on the Law Enforcement Center and reported that the project is still about $80,000 under budget.

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Groskreutz/Steier motion carried unanimously to approve Resolution 07-CB-36 approving the repurchase of Parcel No. 25.032.0160 by the owner, Randy Olson dba American Consumer Enterprises, LLC, at the time of forfeiture for the amount owed in delinquent taxes, current taxes, and fees in the amount of $8,544.63 as of the date of payment. Commissioners Erichsrud, Groskreutz, Loveall, Steier, and Warmka voted yes.

R E S O L U T I O N

Whereas, Randy Olson dba American Consumer Enterprises, LLC has made application to repurchase Parcel No. 25.032.0160 that was forfeited on August 2, 2007 and

Whereas, the Faribault County Board of Commissioners has reviewed the parcel and has determined that it is in the best interest of public to allow the repurchase of said parcel by the prior owner pursuant to M.S. 282.241 through 282.324 and

Be it Resolved that the Faribault County Board of Commissioners do hereby approve the repurchase of Parcel No. 25.032.0160 by the owner at the time of forfeiture for the amount owed in delinquent taxes, current taxes, and fees in the amount of $8,544.63 as of the date of payment and that said amount be paid in full before a State Deed is recorded on said property along with required costs of recording said deed including deed tax, recording fees and state deed fees.

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Loveall/Steier motion carried unanimously to approve Resolution 07-CB-37 establishing a sale price and classification of forfeited tax parcels. Commissioners Erichsrud, Groskreutz, Loveall, Steier, and Warmka voted yes.

R E S O L U T I O N

WHEREAS, The Faribault County Board of Commissioners desires to offer for sale certain parcels of land that have forfeited to the State of Minnesota for non-payment of taxes, and

WHEREAS, Said parcels of land have been viewed by the County Board of Commissioners and have been classified as non-conservation lands as provided for in Minnesota Statutes 282.01.

NOW, THEREFORE, BE IT RESOLVED That the Faribault County Board of Commissioners hereby certify that all parcels of land on the Forfeited Tax Sale List 2007 - A, a copy of which is on file in the office of the County Auditor, have been viewed and comply with the provisions of Minnesota Statutes 85.012, 92.461, 282.01 sudv. 8, 282.018, and other statutes that require the withholding of tax-forfeited lands from sale.

BE IT FURTHER RESOLVED That the Faribault County Board of Commissioners hereby request approval from the Minnesota Department of Natural Resources for the sale of said lands as shown on #FT 2007-A.

Township/ City / Parcel # / Description / Sec / Twp / Range / Appraised Value /
Blue Earth City / 21.200.7411 / S38' of 1 & 2 & S38' of E50' of 3, Block 74, Original Plat / $ 5,000.00
Blue Earth City / 21.200.6401 / S110' of Lot 10, Block 63, Original Plat of Blue Earth / $ 250.00
Blue Earth City / 21.200.7470 / Tr com 15'E of NW cor of Lot 7, E26', S30', W26', N30' to beg, Blk 74, Original Plat / $ 100.00
Bricelyn City / 22.200.2420 / Lot 2, Block 13, Original Plat / $ 100.00
Delavan City / 23.036.8500 / A.L.: com SW cor AL 58, W102', N225', E102', S225' to beg ex S100' (out of AL 52) & all of AL 57 & 58 ex N20' of 57 / 36 / 104 / 27 / $ 100.00
Elmore City / 25.200.0310 / Lot 11, Block 2, Original Plat / $ 100.00
Elmore City / 25.200.0320 / Lot 12, Block 2, Original Plat / $ 100.00
Elmore City / 25.682.0080 / N123' of Lot 8, Block 1, Youman & Stockman's 2nd Addition / $ 100.00
Elmore City / 25.682.0470 / Lots 7 & 8, Block 3, Youman's & Stockman's 2nd Addition / $ 100.00
Wells City / 30.238.1731 / N233.5' of Lot 13, Blk 9, Butternut Farm Addition / $ 5,000.00
Winnebago City / 31.643.1290 / Lots 9 &10, Blk 5, Wallace Addition / $ 100.00

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Loveall/Erichsrud motion carried unanimously to approve Resolution 07-CB-38 setting the 2008 payable drainage assessments. Commissioners Erichsrud, Groskreutz, Loveall, Steier, and Warmka voted yes.