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Kandiyohi County Board of Commissioners

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Willmar, 56201
West Central Tribune
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Willmar Minnesota 2208 Trott Ave. SW / P.O. Box 839 56201

(April 27, 2007) 9140

COMMISSIONER PROCEEDINGS

APRIL MEETING OF THE COUNTY BOARD

IN KANDIYOHI COUNTY

Office of the County Auditor/Treasurer of Kandiyohi County, Willmar, Minnesota.

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The Board of Commissioners of Kandiyohi County, Minnesota met at 10:00 A.M., April 3, 2007, pursuant to adjournment. All members were present.

A motion by Larson 2nd Peterson to approve the payment of claims being $144,079.02 from Revenue Fund, $2,066.22 from Regional Treatment Center, $125,734.46 from Road and Bridge Fund, $10,779.49 from County Building Fund, $1,271.65 from Library Fund, $1,057.79 from Health & Human Services Building Fund, $8,529.62 from Water & Sewer Fund, $2,071.00 from Capital Projects Fund, $8,871.50 from Trunk Line Extension Revolving Fund, $428.05 from Computer/Communication Maintenance Fund, $38,763.24 from Sanitary Landfill Fund according to the detailed listing of claims as recorded in the office of the County Auditor/Treasurer was on vote unanimously adopted.

A motion by Shuck 2nd Peterson to approve the minutes of the March 20, 2007 board meeting was on vote unanimously adopted.

Bids for Chloride Application - CA-07 were opened at this time pursuant to published notice.

Chloride Application - CA-06

Bidder Estimate:

Calcium Chloride - 147,000 gal., $.90 per gal.

$132,300.00

Magnesium Chloride - 209,000 gal., $.70 per gal.

$146,300.00

Buskerud Construction, Inc.

Dell Rapids, SD Magnesium Chloride - $127,072.00

Dustcoating Inc Calcium Chloride - $116,130.00

Savage, MN Magnesium Chloride - $146,300.00

Univar USA Inc

St. Paul, MN Calcium Chloride - $109,956.00

Ferrell Gas

New London, MN Magnesium Chloride - $125,400.00

Bids for the Reflectorized Pavement Markings - CS-07 were opened at this time pursuant to published notice.

Bidder Estimate: $87,900.00

AAA Striping

Rogers, MN $78,200.00

Traffic Marking

Maple Lake, MN $76,850.00

A motion by Larson 2nd Madsen to approve the following Resolution was on vote unanimously adopted.

RESOLUTION

BE IT RESOLVED that the County of Kandiyohi enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes, to wit:

To provide Maintenance and Electrical Energy for the new Highway Lighting Systems on Northbound Trunk Highway No. 71 at County State Aid Highway No. 23 and on Southbound Trunk Highway No. 71 at Lakeland Drive within the corporate limits of the City of Willmar, Kandiyohi County, Minnesota in accordance with the terms and conditions set forth and contained in Agreement No. 90504, a copy of which was before the Board.

BE IT FURTHER RESOLVED that the proper County officers be and hereby are authorized to execute such agreement and any amendments, and thereby assume for and on behalf of the County all of the contractual obligations contained herein.

Dated at Willmar, Minnesota this 3rd day of April, 2007.

ATTEST: Sam Modderman

County Auditor/Treasurer

BY THE BOARD: Harlan Madsen

Chairman

Gary Danielson, Public Works Director, appeared and presented to the Board the 2007 Construction Project Proposal. Danielson also stated that the parking lot at the Health and Human Services Building needs to be resurfaced. Danielson recommended that the loop road, circle drive and Lot 2 be completed this year for a estimated cost of 192,934.91. Danielson also said that additional paving at the Public Works with an estimated cost of $41,605.00 was not finished in 2006. A motion by Peterson 2nd Shuck to accept the 2007 Construction Project Proposal as presented, obtain bids to resurface the loop road, circle drive and Lot 2 at the Health and Human Services Building with option bids for Lot 1 and Lot 3 and complete the bituminous at the Public Works building was on vote unanimously adopted.

A motion by Larson 2nd Peterson to approve the appointment of Gary Danielson as County Highway Engineer and Public Works Director for a four year term was on vote unanimously adopted.

A motion by Larson 2nd Falk to approve the Solid Waste Agreement between Kandiyohi County and West Central Sanitation, expiring April 2011 was on vote unanimously adopted.

Jeff Bredberg, Director of Environmental Services, appeared regarding the tire collection at the Sanitary Landfill. Bredberg said that he would like to hold the event in conjunction with Earth Week, which is April 16th - April 22nd for the residents of Kandiyohi County. A motion by Falk 2nd Shuck to hold a one day collection for the disposal of car/light truck and tractor tires for residents of Kandiyohi County, not including any commercial businesses, industry, or any business related to tire sales or tire retreading was on vote unanimously adopted.

Jeff Bredberg, Director of Environmental Services, appeared concerning two requests for monies from the Water Plan. Bredberg stated that the Water Plan Task Force had met and considered the two applications for money.

The request from the City of Willmar/Rick Reimer for $3,000.00 to stabilize erosion by installing large rock rip rap and installing a sheet pile structure to provide more retention for water at Bergquist Park on Foot Lake with the recommendation from the Task Force for $3,000.00. A motion by Falk 2nd Larson to approve the recommendation from the Task Force was on vote unanimously adopted.

The request from Roseland Township for $3,000.00 to hire a consultant for their sanitary sewer project with a recommendation from the Task Force for $3,000.00. A motion by Peterson 2nd Shuck to approve the recommendation from the Task Force was on vote unanimously adopted.

Bredberg stated that in 2004 the University of MN requested $3,000.00 for student water sampling. As of this date $640.00 has been spent leaving a balance of $2,360.00. Bredberg has contacted the University of MN regarding the student water sampling program and was told that they will not be continuing the program. Bredberg recommended that the $2,360.00 be put back into the water planning task force fund. A motion by Peterson 2nd Madsen to take the funds left from the University of MN's student water sampling program in the amount of $2,360.00 and put it back into the water planning task force fund was on vote unanimously adopted.

A motion by Shuck 2nd Larson to approve the Federal Boating Safety Supplemental Grant Agreement for fiscal year 2007 in the amount of $5,000.00 was on vote unanimously adopted.

A motion by Falk 2nd Larson to approve the following Resolution was on vote unanimously adopted.

RESOLUTION

RESOLVED, that the Kandiyohi County Board of Commissioners agreed to approve the gambling permit application of the West Central Ducks Unlimited - Willmar, for operation at the Prairie Woods Environmental Learning Center located in Lake Andrew Township.

Dated at Willmar, Minnesota this 3rd day of April, 2007.

ATTEST: Sam Modderman

County Auditor/Treasurer

BY THE BOARD: Harlan Madsen

Chairman

A motion by Shuck 2nd Peterson to approve the following Resolution was on vote unanimously adopted.

RESOLUTION

RESOLVED, that the Kandiyohi County Board of Commissioners agreed to approve the gambling permit application of the Prairie Pothole Chapter/Minnesota Waterfowl Association - Willmar, for operation at the Roger and Kay Strand Farm located in New London Township.

Dated at Willmar, Minnesota this 3rd day of April, 2007.

ATTEST: Sam Modderman

County Auditor/Treasurer

BY THE BOARD: Harlan Madsen

Chairman

The Public Hearing on the Northern Factory Sales Tax Abatement was held as per notice given.

Steve Renquist, Executive Director of the Kandiyohi County and City of Willmar Economic Development Commission, presented to the Board of five year declining schedule for the tax abatement proposal from Northern Factory Sales.

All present were given an opportunity to be heard.

A motion by Shuck 2nd Larson to close the hearing was on vote unanimously adopted.

A motion by Falk 2nd Larson to approve the following Resolution was on vote unanimously adopted.

KANDIYOHI COUNTY RESOLUTION APPROVING BUSINESS SUBSIDY/PROPERTY TAX ABATEMENT

BE IT RESOLVED by the Board of Commissioners for Kandiyohi County, Minnesota, hereinafter "County" as follows:

WHEREAS: The County supports economic development, the growth of the local population, and the creation of quality jobs and understands that business subsidies/property tax abatements are occasionally necessary to affect such growth.

THEREFORE, BE IT RESOLVED: The County approves the business subsidy/property tax abatement as proposed for Northern Factory Sales, Inc. in a five year declining schedule as attached.

Dated at Willmar, Minnesota this 3rd day of April, 2007.

ATTEST: Sam Modderman

County Auditor/Treasurer

BY THE BOARD: Harlan Madsen

Chairman

Larry Kleindl, County Administrator, appeared regarding the mileage rates. Kleindl said that currently the IRS rate is 48-1/2 cents per mile and we are currently paying 44 cents per mile. Kleindl recommended that we raise the mileage rate to 48-1/2 cents per mile and that we continue to follow the IRS rate to increase our mileage rates. Kleindl also recommended that the rate for the City Commissioners be raised from $125.00 per month to $140.00 per month. Kleindl also said that he thought that we should raise our meal allowance from $26.00 per day to $33.00 per day with a breakdown of $6.00, $9.00 and $18.00. This would only apply if it is a overnight stay. A motion by Larson 2nd Peterson to approve the mileage rate increase to 48-1/2 cents per mile with future increases to follow IRS rates, that the City Commissioners mileage rate increased to $140.00 per month and that the meal allowance be increased to $33.00 per day with a breakdown of $6.00, $9.00 and $18.00 for overnight stays was on vote unanimously adopted.

A motion by Larson 2nd Shuck to approve the Conditional Use Permit for David M. Reigstad to expand animal units from 10 to 150 in an A-1 Agricultural Preservation District on his property in Section 16 of Kandiyohi Township with the findings of the Planning Commission and the following conditions:

1. Dead animals to be disposed of by rendering, composting, or other methods as approved by the Minnesota Board of Animal Health, and be kept out of sight.

2. The owner shall follow all MPCA requirements regarding proper manure management planning, manure application, and record keeping.

3. The pasture area to the South of the new 64' x 120' arena shall remain pasture and maintain a vegetative cover.

4. A berm shall be established and maintained that would run along the South fence line prohibiting the runoff from entering the field and forcing it to follow the berm Westerly from the ditch to a maximum distance of two hundred and fifty (250) feet. The berm shall not be shorter in length than what is recommended and approved by the County Feedlot Officer. The berm shall be at least eighteen (18) inches higher than the lowest point on the fence line and shall be vegetated. The berm shall be constructed by June 1, 2007.

5. The maximum allowable number of animal units shall be 120.

6. The applicant shall maintain manure application agreement for removal of manure from the site.

7. This Conditional Use Permit shall be personal to the applicant and shall

not transfer to any successive property owners.

was on vote unanimously adopted.

A motion by Shuck 2nd Falk to approve the following Resolution was on roll call vote unanimously adopted.

BOARD OF COUNTY COMMISSIONERS

KANDIYOHI COUNTY, MINNESOTA

RESOLUTION TO PROCEED IN EMINENT DOMAIN

WHEREAS, Kandiyohi County proposes to construct and improve portions of County State Aid Highway 47; and

WHEREAS, the plans for said construction have been duly prepared and labeled "Grading, Aggregate Base, Bituminous Base, Bituminous Surface, Storm Sewer, Curb and Gutter, Watermain, Lighting and Bridge No. 34J23 located on CSAH 47 from 0.18 miles South of T.H. 40 to T.H. 12, State Project 34-647-02" and

WHEREAS, Kandiyohi County has been unable to acquire all required land by direct negotiation; and

WHEREAS, permanent highway easements, temporary easements and fee acquisition over certain land are required to provide for the said construction; and

WHEREAS, Kandiyohi County has authority to acquire right of way for highway purposes by eminent domain pursuant to Minnesota Statutes; and

WHEREAS, Kandiyohi County has the right to acquire the right of way prior to the filing of an award by the court-appointed commissioners, pursuant to M.S. § 117.01 and 117.042 (quick take); and

WHEREAS, a portion of said lands required for these purposes are owned by Harlan G. Rohner, a single person, more particularly described as:

Permanent Easement Parcel One (1)

That part of the Northwest Quarter of the Northwest Quarter of Section

16, Township 119, Range 35, described as follows:

Commencing at a point on the centerline of Trunk Highway 12, which said point is 152.8 feet Southeasterly measured along said centerline from the point of intersection thereof with the West line of said Section 16, thence southwesterly at right angles a distance of 75 feet to a point in the southwesterly right-of-way line of said Trunk Highway 12, which said point is the point of beginning of the tract herein described; thence on an assumed bearing of S 20?03'58" W, perpendicular to last said right-of-way line, 330.00 feet to a line parallel to and 330.00 feet from said Southwesterly right-of-way line of Trunk Highway 12; thence on a bearing of S 69?56'02" E, along last said line, 87.91 feet; thence on a bearing of N 00?40'13" E, 249.86 feet; thence on a bearing of N 55?22'05" E, 115.58 feet of the Southwesterly right-of-way line of Trunk Highway 12; thence on a bearing of N 69?56'02" W, along last said line, 71.73 feet to the point of beginning, containing 14,532 square feet, more or less.

Temporary Easement Parcel One (1):

That part of the Northwest Quarter of the Northwest Quarter of Section 6, Township 119, Range 35, described as follows:

Commencing at a point on the centerline of Trunk Highway 12, which said point is 152.8 feet Southeasterly measured along said centerline from the point of intersection thereof with the West line of said Section 16, thence Southwesterly at right angles a distance of 75 feet to a point in the Southwesterly right-of-way line of said Trunk Highway 12; thence on an assumed bearing of S 69?56'03" E, along said right-of-way line, 71.73 feet; thence on a bearing of S 55?22'05" W, 103.82 feet to the point of beginning of the tract herein described; thence on a bearing of S 06?31'13" E, 196.41 feet; thence on a bearing of S 02?25'44" W, 73.01 feet to a line parallel to and 330.00 feet from said Southwesterly right-of-way line of Trunk Highway 12; thence on a bearing of N 69?56'02" W, along last said line, 33.86 feet; thence on a bearing of N 00?40'13" E, 249.86 feet; thence on a bearing of N55?22'05" E, 11.76 feet to the point of beginning, containing 6,062 square feet, more or less.

NOW, THEREFORE, BE IT RESOLVED that the Kandiyohi County Board of Commissioners hereby authorizes the acquisition of said land by eminent domain, and to take said land prior to the filing of an award by the court-appointed commissioners, pursuant to M.S. § 163.02/2, 117.001, and 117.042; and

BE IT FURTHER RESOLVED that the Kandiyohi County Attorney is requested to file the necessary petition therefore, and to prosecute such action to a successful conclusion or until it is abandoned, dismissed or terminated by the County or the Court.

Dated at Willmar, Minnesota this 3rd day of April, 2007.

ATTEST: Sam Modderman

County Auditor/Treasurer

BY THE BOARD: Harlan Madsen

Chairman

A motion by Larson 2nd Madsen to approve the following Resolution was on roll call vote unanimously adopted.

BOARD OF COUNTY COMMISSIONERS

KANDIYOHI COUNTY, MINNESOTA

RESOLUTION TO PROCEED IN EMINENT DOMAIN

WHEREAS, Kandiyohi County proposes to construct and improve portions of County State Aid Highway 47; and

WHEREAS, the plans for said construction have been duly prepared and labeled "Grading, Aggregate Base, Bituminous Base, Bituminous Surface, Storm Sewer, Curb and Gutter, Watermain, Lighting and Bridge No. 34J23 located on CSAH 47 from 0.18 miles South of T.H. 40 to T.H. 12, State Project 34-647-02" and

WHEREAS, Kandiyohi County has been unable to acquire all required land by direct negotiation; and

WHEREAS, permanent highway easements, temporary easements and fee acquisition over certain land are required to provide for the said construction; and

WHEREAS, Kandiyohi County has authority to acquire right of way for highway purposes by eminent domain pursuant to Minnesota Statutes; and

WHEREAS, Kandiyohi County has the right to acquire the right of way prior to the filing of an award by the court-appointed commissioners, pursuant to M.S. § 117.01 and 117.042 (quick take); and

WHEREAS, a portion of said lands required for these purposes are owned by Paul C. Flykt and Barbara Flykt, husband and wife and Margit A. Bonnema, a single person, more particularly described as:

Permanent Easement Parcel One (1)

That part of the East Half of the Northeast Quarter of the Northeast Quarter of Section 17, Township 119, Range 35, described as follows:

Commencing at the Northeast corner of said Section 17, thence on an assumed bearing of S 00?29'47" W, along the East line of said Section 17, a distance of 559.07 feet to the intersection of last said line and the Southerly right of way line of U.S. Trunk Highway No. 12, said intersection being the point of beginning of the tract herein described; thence on a bearing of S 00?29'47" W, along the East line of said Section 17, a distance of 771.50 feet to the South line of said Northeast Quarter of the Northeast Quarter; thence on a bearing of S 88?54'50" W, along last said line, 110.06 feet; thence on a bearing of N 00?40'09" E, 712.77 feet; thence on a bearing of N 34?37'59" W, 163.22 feet to the Southerly right of way line of U.S. Trunk Highway No. 12; thence on a bearing of S 69?56'07" E, along last said right of way line, 214.16 feet to the point of beginning; containing 90,919 square feet, more or less.

Permanent Easement Parcel Two (2):

The Northwest Quarter of the Northwest Quarter of Section 16, Township 119, Range 35, subject to highway easements and excepting therefrom the following described tracts:

The part of the Northwest Quarter of the Northwest Quarter of Section 16, Township 119, Range 35, described by metes and bounds as follows, to-wit: Commencing at a point in the center line of Trunk Highway No. 12, which said point is 152.8 feet Southeasterly measured along said center line from the point of intersection thereof with the West line of said Section 16; thence Southwesterly at right angles a distance of 75 feet to a point in the Southwesterly right-of-way line of said Trunk Highway No. 12, which said point is the point of beginning; thence Southeasterly on and along said right-of-way line a distance of 264 feet to a point thereon; thence Southwesterly at right angles a distance of 330 feet to a point; thence Northwesterly and parallel with said right-of-way line a distance of 264 feet to a point; thence Northeasterly in a straight line to the point or place of beginning.

And also excepting that part of said Northwest Quarter of the Northwest Quarter of Section 16, Township 119, Range 35 conveyed by deed recorded in Book 200 of Deeds at Page 135 and by deed recorded as microfilm document number 29114.

Containing 22, 271 square feet, more or less.

Permanent Easement Parcel Three (3):

That part of the South Half of the Northeast Quarter of the Northeast Quarter of Section 17, Township 119, Range 35, lying South of the centerline of Kandiyohi County Ditch No. 10; containing 25,048 square feet, more or less.

Temporary Easement Parcel One (1):

That part of the East Half of the Northeast Quarter of the Northeast Quarter of Section 17, Township 119, Range 35, described as follows:

Commencing at the Northeast corner of said Section 17, thence on an assumed bearing of S 00?29'47" W, along the East line of said Section 17, a distance of 559.07 feet to the intersection of last said line and the Southerly right of way line of U.S. Trunk Highway No. 12, said intersection being the point of beginning of the tract herein described; thence on a bearing of S 00?29'47" W, along the East line of said Section 17, a distance of 771.50 feet to the South line of said Northeast Quarter of the Northeast Quarter; thence on a bearing of S 88?54'50" W, along last said line, 110.06 feet; thence on a bearing of N 00?40'09" E, 287.50 feet to the point of beginning of the tract herein described; thence on a bearing of N 06?14'05" W, 97.92 feet; thence on a bearing of N 00?01'12" W, 104.34 feet; thence on a bearing of N 10?09'54" E, 78.95 feet; thence on a bearing of S 00?40'09" W, 279.41 feet to the point of beginning; containing 2,102 square feet more or less.

NOW, THEREFORE, BE IT RESOLVED that the Kandiyohi County Board of Commissioners hereby authorizes the acquisition of said land by eminent domain, and to take said land prior to the filing of an award by the court-appointed commissioners, pursuant to M.S. §163.02/2, 117.001, and 117.042; and

BE IT FURTHER RESOLVED that the Kandiyohi County Attorney is requested to file the necessary petition therefore, and to prosecute such action to a successful conclusion or until it is abandoned, dismissed or terminated by the County or the Court.

Dated at Willmar, Minnesota this 3rd day of April, 2007.

ATTEST: Sam Modderman

County Auditor/Treasurer

BY THE BOARD: Harlan Madsen

Chairman

The Public Hearing on the Cast Air, Inc. Sales Tax Abatement was held as per notice given.

Steve Renquist, Executive Director of the Kandiyohi County and City of Willmar Economic Development Commission, presented to the Board of eight year declining schedule for the tax abatement proposal from Cast Air Inc.

All present were given an opportunity to be heard.

A motion by Larson 2nd Falk to close the hearing was on vote unanimously adopted.

A motion by Peterson 2nd Shuck to approve the following Resolution was on vote unanimously adopted.

KANDIYOHI COUNTY

RESOLUTION APPROVING BUSINESS SUBSIDY/PROPERTY TAX ABATEMENT

BE IT RESOLVED by the Board of Commissioners for Kandiyohi County, Minnesota, hereinafter "County" as follows:

WHEREAS: The County supports economic development, the growth of the local population, and the creation of quality jobs and understands that business subsidies/property tax abatements are occasionally necessary to affect such growth.

THEREFORE, BE IT RESOLVED: The County approves the business subsidy/property tax abatement as proposed for Cast Air Inc. on an eight year declining schedule as attached.

Dated at Willmar, Minnesota this 3rd day of April, 2007.

ATTEST: Sam Modderman

County Auditor/Treasurer

BY THE BOARD: Harlan Madsen

Chairman

Robin Sykes and Gail Sater from MCIT appeared and presented to the Board the 2007 Member Report for Kandiyohi County. The report was received for information.

A motion by Madsen 2nd Shuck to approve the application of Atwater Eight LLC for an "on-sale" 3.2 percent malt liquor license for a fee of $100.00 for Island Pine Golf from May 1, 2007 through April 30, 2008 was on vote unanimously adopted.

A motion by Larson 2nd Peterson to set a final hearing on the Improvement of County Ditch 23A for May 15, 2007 at 10:00 A.M. was on vote unanimously adopted.

Gary Danielson, Public Works Director, appeared and reported on the bids for Reflectorized Pavement Markings - CS-07 and recommended that the bid be awarded to the lowest bidder, Traffic Marking of Maple Lake, MN in the amount of $76,850.00. A motion by Peterson 2nd Madsen to award the bid for Reflectorized Pavement Markings - CS-07 to the lowest bidder, Traffic Marking of Maple Lake, MN in the amount of $76,850.00 was on vote unanimously adopted.

Gary Danielson, Public Works Director, appeared and reported on the bids for Chloride Application - CA-07 and recommended that the bid be awarded to the lowest bidder, Univar USA Inc of St. Paul, MN for Calcium Chloride in the amount of $109,956.00. A motion by Larson 2nd Falk to award the bid for Chloride Application - CS-07 to the lowest bidder, Univar USA Inc of St. Paul, MN for Calcium Chloride in the amount of $109,956.00 was on vote unanimously adopted.

A motion by Larson 2nd Peterson to set May 1, 2007 for the mileage rate increase, City Commissioners mileage rate and the meal allowance increase was on vote unanimously adopted.

Gary Geer, Zoning Administrator, appeared regarding the EAW's for the Central Allied and Eagle Lake West gravel pits. Geer briefly explained the history of the EAW's and stated that today is a public meeting to gather oral comments from those wishing to comment on the proposed amendment of the EAW's. The Board then opened the floor and listened to comments from the public. A motion by Larson 2nd Peterson to have Mr. Geer come back before the Board on April 17, 2007 at 11:15 A.M. was on vote unanimously adopted.

On motion the meeting was adjourned until 10:00 A.M., April 17, 2007.

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