PROCEEDINGS OF THE COUNTY BOARD OF JACKSON COUNTY, MINNESOTA

September 5, 2017

The County Board of Jackson County, Minnesota met in regular session, in the Jackson County
Courthouse Board Room, 405 Fourth Street, City of Jackson, Minnesota, on September 5, 2017.
The following members of the Jackson County Board of Commissioners were present: James
Eigenberg, Don Wachal, Kim Hummel, Cathy Hohenstein and Scott McClure. County
Coordinator Steven Duncan and Trish Schulz, Human Resources Technician, were also in
attendance.

CALL TO ORDER

Chair Hummel called the meeting to order at approximately 9:00 a.m. and led the Pledge of
Allegiance.

Motion was made by Commissioner Hohenstein and seconded by Commissioner Wachal

to adopt the agenda with the following amendments: remove 8.1 Closed Meeting-Labor
Negotiations from agenda and move consent agenda item 2.5 Approve Settlement Agreement
for Final Payment to Contractor to agenda item 8.1 with County Attorney, Sherry Haley
presenting. Motion carried unanimously.

CONSENT AGENDA

Motion was made by Commissioner Eigenberg and seconded by Commissioner McClure to

approve the Consent Agenda. Motion carried unanimously.

Board Action 17-205: Approve the August 15, 2017 Board of Commissioners regular meeting
minutes.

Board Action 17-206: Approve all Commissioner disbursements in accordance with Minnesota
Statutes 130.01, subd. 4(b), recorded on warrants numbered 82599 through 82757 in the amount
of $478,336.66. (For the following funds: Revenue, $60,375.30; Road and Bridge, $308,810.62;
Septic, $8,000.00; Ditch, $92,966.79; Insurance Trust, $2,061.50; Revolving Loan, $539.92;
Library, $5,536.53; Tax & Penalty, $46.00. A detailed list of claims paid is available at the
Auditor/Treasurers office upon request.

Board Action 17- 207: Approve utility permits for:

Red Rock Rural Water bore waterline CSAH 32 LaCrosse Township
Red Rock Rural Water water service CSAH 9 Weimer Township

Board Action 17- 208: Approve the second installment of the Jackson County Historical
Societys appropriation for 2017 in the amount of $24,500. The entire appropriation was
approved in the amount of $49,000.

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 LAND MANAGEMENT

Motion was made by Commissioner Wachal and seconded by Commissioner Hohenstein

to adopt Board Action 17- 209: Approve conditional use permit, for Beecks Gravel (mining &
extraction) on parcel 11.020.0500 with the following conditions:

1. All County, State, and Federal laws, regulations, and ordinances shall be complied with.
All necessary permits, licensures, and certifications including, but not limited to any that
may be required by the Minnesota Pollution Control Agency, Minnesota Department of
Natural Resources, Minnesota Department of Labor and Industry or Jackson County shall
be secured and maintained.
2. Must obtain a driveway permit (if applicable) from Jackson County Public Works or
LaCrosse Township, if additional driveways are necessary.
3. Must comply with all regulations pertaining to Mining and Extraction in Section 730
(Mining and Extraction) of the Jackson County Development.
4. Must implement best management practices to keep dust leaving the site to a minimum.
5. Must meet all MPCA noise level requirements during the hours of operation.
6. Must abide by the standards of their existing NPDES permit for filtering storm water that
is leaving the site.
7. Must return site to its original condition (farmland) once the mining and extraction work
is complete.
8. Hours of Operation 6 am until 8 pm.
9. Any field tile, public or private, that are encountered during excavation must be either
repaired and replaced or re-routed to ensure existing drainage is maintained.
10. All refuse and waste materials will be disposed of in the proper manner. No on-site burial
allowed of any materials.
11. All Contract for Deed holders must sign off on the application for this CUP to be valid.
Motion carried unanimously.

Motion was made by Commissioner McClure and seconded by Commissioner Eigenberg

to adopt Board Action 17- 210: Approve conditional use permit for Three Waters Wind Farm
LLC (meteorological towers) on parcels 15.033.0250, 16.014.0200 & 17.001.0600 with the
following conditions:

1. Setback permits shall be applied for and issued before any construction is started.
2. Prior to application for a setback permit, applicant must obtain FAA approval and/or
provide documentation that FAA approval is not needed.
3. Proof that towers and their antennas have been designed by, and following completion of
construction were inspected by a qualified and licensed professional engineer (at the
applicants expense) to conform to applicable state structural building standards and all
other applicable reviewing agencies and to conform with accepted electrical engineering

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 methods and practices as specified in applicable provisions of the National Electrical
Code.
4. The tower shall be reasonably protected against unauthorized climbing.
5. No advertising or identification of any kind intended to be visible from the ground or
other structures is permitted, except applicable warning and equipment information
signage required by the manufacturer or by Federal, State, or local authorities.
6. All obsolete or unused towers and accompanying accessory facilities shall be removed
within 6 months of the cessation of operations at the site unless a time extension is
approved by the County Board. After the facilities are removed, the site shall be restored
to its original or an improved state. Failure to remove the structure shall be cause for the
County to remove the tower and associated equipment and assess the cost against the
property for collection with the real estate taxes.
Motion carried unanimously.

LAND MANAGEMENT & COUNTY COORDINATOR

Motion was made by Commissioner McClure and seconded by Commissioner Wachal

to adopt Board Action 17-211: Authorizing County Coordinator, to have graded for placement in
the Jackson County Compensation Plan, a Land Management Department, office manager job
description proposal. Motion carried unanimously.

PUBLIC WORKS

Motion was made by Commissioner Hohenstein and seconded by Commissioner McClure

to adopt Board Resolution 17-038: Approve amendment to agreement between Department of
Transportation and Jackson County (as related to bituminous reclamation of CSAH 29). Motion
carried unanimously.

County of Jackson )
) SS.
State of Minnesota )

RESOLUTION 17-038

S.P. 032-629-045, STPG3217 (191)

Advance Construction for CSAH 29
Agency Agreement No. 1027920 Amendment No. 1

BE IT RESOLVED, that pursuant to Minnesota Stat. Sec. 161.36, the Commissioner of

Transportation be appoint as Agent of the Jackson County to accept as its agent, federal aid funds
which may be made available for eligible transportation related projects.

BE IT FURTHER RESOLVED, the Jackson County Board Chair and Coordinator are
hereby authorized and directed for and on behalf of the County to execute and enter into an

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agreement with the Commissioner of Transportation prescribing the terms and conditions of said
federal aid participation as set forth and contained in Minnesota Department of Transportation
Agency Agreement No. 1027920, a copy of which said agreement was before the County Board
and which is made part here of by reference.

Passed and adopted by the Board of Commissioners of the County of Jackson, Minnesota
this 5th day of September 2017.

_________________________________
Kim Hummel, Chair
Jackson County Board of Commissioners

ATTEST:

_______________________________(SEAL)
Steven J. Duncan
County Coordinator of Jackson County, Minnesota

Motion was made by Commissioner McClure and seconded by Commissioner Wachal to

adopt Board Resolution 17-039: Approve MnDOT Detour Agreement (1000749) for Interstate 90
Detour, 2015 & 2016 paving project. Motion carried unanimously.

County of Jackson )
) SS.
State of Minnesota )

RESOLUTION 17-039

DETOUR AGREEMENT
For Trunk Highway No. 90 Detour

BE IT RESOLVED, that Jackson County enter into MnDOT Agreement No. 1000749
with the State of Minnesota, Department of Transportation for the following purposes:

To provide for payment by the State to the County for the use of County Road No. 9, No. 29 and
No. 34 as a detour route during the contract construction to be performed upon, along and
adjacent to Trunk Highway No. 90 from 0.74 miles east of Trunk Highway No. 86 to 0.5 miles
east of Trunk Highway No. 4 under State Project No. 3280-126 (T.H. 90=009).

IT IS FURTHER RESOLVED, that the Jackson County Board Chair and Coordinator
are authorized to execute the Agreement and any amendments to the Agreement.

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 Passed and adopted by the Board of Commissioners of the County of Jackson, Minnesota
this 5th day of September 2017.

_________________________________
Kim Hummel, Chair
Jackson County Board of Commissioners

ATTEST:

_______________________________(SEAL)
Steven J. Duncan
County Coordinator of Jackson County, Minnesota

Motion was made by Commissioner Eigenberg and seconded by Commissioner Hohenstein

to adopt Board Resolution 17-040: Approve transfer of Municipal State Aid Construction Funds
to Regular Construction State Aid Account up to $192,807.00 . Motion carried unanimously.

County of Jackson )
) SS.
State of Minnesota )

RESOLUTION 17-040

JACKSON COUNTY
TRANSFER OF STATE AID MUNICIPAL FUNDS

WHEREAS, Minnesota Statute 162.08, Subd 4 (3d), provides that accumulated balances
in excess of two years of municipal account apportionments may be spent on projects located
outside of municipalities under 5000 population when approved solely by resolution of the
county board.

NOW, THEREFORE BE IT RESOLVED, that the Commissioner of Transportation

transfer $192,807 (all funds) in excess of two years apportionment into the Regular Construction
Account

Passed and adopted by the Board of Commissioners of the County of Jackson, Minnesota
th
this 5 day of September 2017.

_________________________________
Kim Hummel, Chair
Jackson County Board of Commissioners

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ATTEST:

_______________________________(SEAL)
Steven J. Duncan
County Coordinator of Jackson County, Minnesota

Motion was made by Commissioner Eigenberg and seconded by Commissioner Wachal

to adopt Board Action 17-212: Approve declaring as surplus equipment and to proceed with
seeking the sale of county equipment (Stepp Manufacturing Cracking Kettle.) Motion carried
unanimously.

PUBLIC HEARING
USE OF TAX ABATEMENT ON PROPERTY WITHIN THE CITY OF JACKSON FOR
BOEKETT BUILDING SUPPLY

Motion was made by Commissioner Eigenberg and seconded by Commissioner Hohenstein to

open a public hearing at 10:33 a.m. to receive comments regarding the use of tax abatement on
property within the City of Jackson for Boekett Building Supply. Motion carried unanimously.

Shannon Sweeney, of David Drown Associates, presented information regarding an application

from Boekett Building Supply requesting a 9 year tax abatement on property for the purpose of
creating employment opportunities and providing access to services within Jackson County and
the City of Jackson.

There was discussion among the County Board and staff as to whether to grant the 9 year tax
abatement, as requested.

As there were no other public comments, motion was made by Commissioner Wachal and
seconded by Commissioner McClure to declare the public hearing closed at 10:55 a.m. Motion
carried unanimously.

Motion was made by Commissioner Hohenstein and seconded by Commissioner Eigenberg

to adopt Board Resolution 17-041: Authorizing a tax abatement, on property within Jackson
County & the City of Jackson, for Boekett Building Supply & for a 5 year term, and authorizing
the Board Chair & County Coordinator to execute the financial assistance agreement. Motion
carried unanimously.

County of Jackson )
) SS.
State of Minnesota )

RESOLUTION 17-041 AUTHORIZING A TAX ABATEMENT

ON PROPERTY WITHIN THE CITY OF JACKSON
FOR BOEKETT BUILDING SUPPLY

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 WHEREAS, the County Board of the Jackson County, Minnesota (the "County"), has
held a public hearing on the proposed tax abatement, pursuant to Minnesota Statutes, Sections
469.1813 through and including 469.1815, to provide tax abatement assistance to Boekett
Building Supply so that they can provide lumberyard services within the Jackson community
(the Project); and

WHEREAS, the County Board has proposed to abate the Countys share of property
taxes on the following parcel (the Property) for a period of up to 5 years:

Parcel I.D. #: 23.013.2400

WHEREAS, the County Board finds that the proposed abatement and benefited project
is in the best interest of the County and its businesses and residents.

NOW, THEREFORE, BE IT RESOLVED by the County Board of Jackson County,

Minnesota, as follows:

1. Abatement. The County Board hereby authorizes the abatement of the County share
of property taxes attributable to the Property. The amount of the abatement shall not
exceed $1,860 per year, or in any event the abatement shall not exceed the Countys
tax rate multiplied by the total net tax capacity of the Property. The abatement term
shall be 5-years commencing with taxes payable in 2018. Final terms that do not
exceed the provisions of this resolution will be established within a financial
assistance agreement.

2. Purpose. The Abatements will be provided to Boekett Building Supply, Inc. to assist
with implementing the Project.

3. Public Benefit. The proposed abatements will benefit the public by:

a) creating new employment opportunities within Jackson County; and

b) providing access to services for businesses and residents in the City of
Jackson.

4. Financial Assistance Agreement. A financial assistance agreement shall be required

to implement the tax abatement assistance granted by this resolution. The Board
Chair and County Coordinator are hereby authorized to execute a financial assistance
agreement.

Passed and adopted by the Board of Commissioners of the County of Jackson, Minnesota
this 5th day of September 2017.

_________________________________
Kim Hummel, Chair
Jackson County Board of Commissioners

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ATTEST:

_______________________________(SEAL)
Steven J. Duncan
County Coordinator of Jackson County, Minnesota

COUNTY COORDINATOR

Motion was made by Commissioner Eigenberg and seconded by Commissioner Hohenstein

to adopt Board Action 17-213: Approve accepting quote from Fairmont Glass & Sign (as related
to replacing air conditioners with windows in Government Center East Building Office
(VSO/Emergency Management/Drivers Licensing) in the amount of $2,140.00. Motion carried
unanimously.

Motion was made by Commissioner Hohenstein and seconded by Commissioner Eigenberg

to adopt Board Action 17- 214: Authorizing the County Coordinator to contract with Marsden
Services, LLC to provide building operations management services, on a temporary basis,
contingent upon County Attorney review and approval. Motion carried unanimously.

COUNTY ATTORNEY

Motion was made by Commissioner Eigenberg and seconded by Commissioner Wachal

to adopt Board Action 17-215: Approve the settlement agreement with Mathowitz Construction
paying $10,022 & $170,000. Mathowitz will release the remaining amount which they believed
to be due. Motion carried unanimously.

BOARD REPORTS

Commissioner Wachal reported on meetings/events involving Clean Energy Resource Team

teleconference, ditch-related issues, United Community Action Partnership, Des Moines Valley
Health & Human Services (DVHHS) personnel committee and the Boards Budget Work
Session.

Commissioner McClure reported on meetings/events involving the Countys personnel

committee, Zero Death Safe Roads and the Boards Budget Work Session.

Commissioner Hummel reported on meetings/events involving ditch-related issues, budget &

personnel committees, Planning & Zoning and the Boards Budget Work Session.

Commissioner Eigenberg reported meetings/events involving the Boards Budget Work Session
& trips to review County Ditch 45 & Highway 24 concerns.

Commissioner Hohenstein reported on meetings/events involving Community Wellness

Partnership, budget committee, Plum Creek Library Board, Southern Prairie Community Care,
Prairie Ecology Bus Center and the Boards Budget Work Session.
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 ADJOURN

Motion was made by Commissioner Wachal and seconded by Commissioner Hohenstein

to adjourn the meeting at 11:07 a.m. The motion carried unanimously.

JACKSON COUNTY BOARD OF COMMISSIONERS

_____________________________________________
Kim Hummel, Chair

ATTEST: _______________________________
Steven Duncan, County Coordinator

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