Adjourned Meeting of the County Board

ADJOURNED MEETING OF THE COUNTY BOARD

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

The Board of Commissioners of Kandiyohi County, Minnesota met at 10:00 A.M.,October 18, 2005, pursuant to adjournment. All members were present.

A motion by Larson 2nd Madsen to approve the minutes of the October 4, 2005 board meeting was on vote unanimously adopted.

A motion by Madsen 2nd Shuck to approve the payment of claims being $248,926.77 from Revenue Fund, $7,992.94 from Regional Treatment Center, $66,187.47 from Road and Bridge Fund, $148.48 from County Building Fund, $592.00 from Ditch Fund,$5,136.33 from Library Fund, $22,569.73 from Health & Human Services Building Fund, $254.75 from Eagle Lake Sewer Fund, $23,554.47 from GLSSWD Fund,$446.49 from Capital Projects Fund, $85.75 from Trunk Line Extension Revolving Fund,$28.00 from Computer/Communication Maintenance Fund, $50,996.31 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 Larson 2nd Peterson to approve the following Resolution was on vote unanimously adopted.

RESOLUTION

WHEREAS, the contract for the E-911 RE-2000-2 has in all things been

completed, the County Board being fully advised in the premises.

NOW THEN, BE IT RESOLVED that the Board hereby accepts the

completed contract for and in behalf of the County of Kandiyohi and

authorized final payment to Pete's Communication, Inc. in the amount of $18,296.91

Dated at Willmar, Minnesota this 18th day of October, 2005.

ATTEST: BY THE BOARD:

Sam Modderman Richard Falk

County Auditor/Treasurer Chairman

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

RESOLUTION OF THE

KANDIYOHI COUNTY BOARD OF COMMISSIONERS

REGARDING THE REGIONAL TREATMENT CENTER TRANSFER

WHEREAS, 2005 Minnesota Laws Chapter 20, Article 1, Section 46, as

amended by 2005 Minnesota Laws First Special Session Chapter 7,

Article 1, Section 30 (the authorizing legislation) authorizes the

Commission of the Minnesota Department of Administration to convey to

a local unit of government for no consideration all or part of the

real property at the Willmar Regional Treatment Center for certain public purposes; and

WHEREAS, the County of Kandiyohi, has determined it is in the public

interest to secure to the County of Kandiyohi, State of Minnesota, and the citizens thereof the benefits of public ownership of portions of the said property and private redevelopment of the remainder of the said property; and

WHEREAS, Minnesota Statute Section 373.01 and Minnesota Statute

Section 465.035 authorize the County of Kandiyohi to accept such

property from the State of Minnesota and in turn convey for nominal

consideration or without consideration to any governmental subdivision or public corporation all or portions of said land for public use; and

WHEREAS, the Housing and Redevelopment Authority in and for the City

of Willmar has agreed to cooperate with the County of Kandiyohi in use and redevelopment of the Willmar Regional Treatment Center property;

and

WHEREAS, this use will benefit the citizens of the County of Kandiyohi, the City of Willmar and the State of Minnesota; now

THEREFORE, BE IT RESOLVED, that the County of Kandiyohi receive

the real property at the Willmar Regional Treatment Center for public

purposes, as set forth in the Conveyance/Sale of Property Agreement,

and,

BE IT FURTHER RESOLVED that portions of the said property, as more

specifically described in the Conveyance/Sale of Property Agreement,

which is incorporated herein by specific reference, be conveyed to the Housing and Redevelopment Authority in and for the City of Willmar,

Minnesota, for use and redevelopment as set forth in said agreement, and that the Chairman of the Board of County Commissioners and the County

Auditor are hereby authorized to execute on behalf of Kandiyohi County all documents and instruments necessary to effectuate the transfer or transfers contemplated in said agreement.

Dated at Willmar, Minnesota this 18th day of October, 2005.

ATTEST: BY THE BOARD:

Sam Modderman Richard Falk

County Auditor/Treasurer Chairman

Rose Strodtman appeared before the Board regarding a Conditional Use Permit. Strodtman questioned why she couldn't apply for a Conditional Use Permit to have a business when previously a business had been there for many years. Gary Geer,Zoning Administrator, said that the property had been in non-use for 12 months;therefore she would first need to go to the Board of Adjustment.

A motion by Larson 2nd Peterson to approve the Highway Department purchasing a side arm mower and an asphalt reclaimer using 2005 capital equipment funds was on vote unanimously adopted.

A motion by Madsen 2nd Shuck to approve the 2006 Capital Equipment Outlays was on vote unanimously adopted.

Gary Danielson, Public Works Director, appeared regarding the bids for the Green Lake Bridge Outlet and the Grade and Bituminous of CSAH 4 which were opened at 10:00 A.M., October 11, 2005 at the Kandiyohi County Highway Building as per notice given.

Below are the bids on the project.

Bidder

Bid

Estimate: $617,633.20

Duininck Bros, Inc

Prinsburg, MN

$711,844.45

Central Specialties, Inc.

Alexandria, MN

$730,665.75

Gary Danielson, Public Works Director, reported on the bids for the Green Lake Bridge Outlet and the Grade and Bituminous of CSAH 4 and recommended that the bid be awarded to the lowest bidder, Duininck Bros, Inc. of Prinsburg, MN in the amount of $711,844.45. A motion by Peterson 2nd Madsen to award the bid for the Green Lake Bridge Outlet and the Grade and Bituminous of CSAH 4 to the lowest bidder, Duininck Bros, Inc. of Prinsburg, MN in the amount of $711,844.45 was on vote unanimously

adopted.

Gary Danielson, Public Works Director, appeared and presented two preliminary drafts with preliminary quantity and cost estimates for the Pebble Beach wastewater collection system from Bolton & Menk, Inc. The report was received for information.

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

CROSSING SURFACE INSTALLATION AGREEMENT

This Crossing Surface Installation Agreement (hereinafter called, this "Agreement") is entered into effective as of October 18, 2005 by and

between Kandiyohi County, Minnesota (hereinafter called, "Agency") and the BNSF Railway Company (hereinafter called, the "Company").

WHEREAS, Company operates a freight transportation system by rail with operations throughout the United States and Canada; and

WHEREAS, Agency desires to replace and extend the existing crossing

surface and upgrade to concrete material for a roadway widening project at DOT#061104Y, LS22, MP111.51, near Pennock, MN along CSAH 7;

WHEREAS, Agency desires to re-locate the existing signal equipment,

(active warning devices,) to accommodate the new roadway width at

DOT#061104Y, LS22, MP111.51, near Pennock, MN, along CSAH 7;

NOW THEREFORE, in consideration of the mutual covenants and

agreements of the parties contained herein, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. Company Work. The Company will extend the concrete crossing

surface and re-locate existing signals. Work to be performed

according to attached cost estimates. The Company will perform

all necessary track upgrades to accommodate the crossing surface

and signals.

2. Payment; Invoicing. Upon execution of this Agreement by both

parties hereto, Company will send Agency an invoice detailing the total amount owed by Agency for the new crossing surface and signal re-location.

Agency agrees to pay Company the actual cost for the

crossing surface and signal re-location. Cost estimates

attached.

3. Maintenance of the Crossing Surface. After installation of the new crossing surface is completed, the Company will maintain, at its own cost and expense, the crossing surface in a satisfactory manner.

Nothwithstanding the preceding sentence, the Company shall be entitled

to receive any contribution toward the cost of such maintenance made available by reason of any existing or future laws, ordinances, regulations,orders, grants, or other means or sources.

4. Vehicular Traffic during Installation. The Agency shall provide, at its own cost and expense, all necessary barricades, lights or traffic control devices for detouring vehicular traffic at the crossing during installation of the new crossing surface.

5. Drainage. The Agency agrees to allow the Company to drain water from the crossing area into existing Agency storm sewers, if such storm sewers are available. Drain pipes and filter fabric necessary for such drainage will be furnished and installed by the Company.

6. Roadway Surfacing Work. The Agency agrees to pave the roadway up to the crossing surface at its sole cost and expense.

7. Term. This Agreement begins on the effective date set forth above and remains in effect until completion of all work contemplated in this Agreement and Agency's payment of the amounts set forth in Section 2 above.

Dated at Willmar, Minnesota this 18th day of October, 2005.

ATTEST: BY THE BOARD:

Sam Modderman Richard Falk

County Auditor/Treasurer Chairman

A motion by Larson 2nd Peterson to approve the Conditional Use Permit for Derek Otteson, applicant requesting a Level II Home Occupation on his property in Section 16 of Green Lake Township and the adoption of the findings of the Planning Commission was on vote unanimously adopted.

A motion by Shuck 2nd Madsen to approve the final plat of King View Second Addition and approve it for recording with the condition that a supplemental document be required that grants a 10 foot utility easement adjacent to the road on Lot 1 Block 1 and Lot 1 Block 2 of King View and that the easement for the cul-de-sac be recorded with the final plat was on vote unanimously adopted.

A motion by Larson 2nd Shuck to approve the Conditional Use Permit for Magellan Pipeline Company, LP, applicant requesting a bulk liquid storage in an A-2 General Agricultural District on their property in Section 21 of Willmar Township, subject to the following conditions:

1. Magellan must provide three monitors to be placed on site; and

2. Magellan must supply 6-55 gallon barrels of form to be stored at the Willmar Fire Department and used in the event of a fire at the facility and replaced if used. Upon expiration of these barrels or use of these barrels or any replacement barrels, Magellan shall donate them to the fire department for training and purchase more barrels to replace the expired,used or replacement barrels.

3. Magellan must provide annual training for the Fire Chief's Association that is specific to fighting the types of fires that may be associated with the facility.

4. Magellan must provide a spruce tree screening planting on the Southern border of their property and the adoption of the findings of the Planning Commission was on vote unanimously adopted.

The application of JMBI, LLC came before the Board. JMBI, LLC is applying for a Conditional Use Permit to locate and operate a Class 1 demolition debris land disposal facility, personal to the applicant and not open to public use, in an A-2 General Agricultural District on their property in Section 28 of Roseville Township. Several people from the audience spoke in opposition to this application. Testimony was

presented regarding the shallow water table in the area of the proposal and the significant potential for water pollution to ground water, shallow wells and nearby Long Lake. Mike Sullivan, attorney for JMBI, LLC spoke to the Board on behalf of his client, discussing what procedures that have done. A motion by Larson 2nd Madsen to approve the Conditional Use Permit for JMBI, LLC to operate a Class 1 demolition

debris land disposal facility, personal to the applicant and not open to public use, in an A-2 General Agricultural District on their property in Section 28 of Roseville Township was defeated. Voting yes: Larson. Voting no: Peterson, Madsen, Shuck, Falk. A motion by Peterson 2nd Shuck to deny the Conditional Use Permit for JMBI, LLC to operate a Class 1 demolition debris land disposal facility, personal to the applicant and

not open to public use, in an A-2 General Agricultural District on their property in Section 28 of Roseville Township based on findings of shallow water table, pollution concerns, proximity to Long Lake and shallow wells was on vote adopted. Voting yes: Peterson, Shuck, Falk, Madsen. Voting no: Larson.

The County Board meeting was recessed.

The Board of Health meeting was held.

The County Board meeting was reconvened.

On motion the meeting was adjourned until 10:00 A.M., November 1, 2005.

ATTEST: BY THE BOARD:

Sam Modderman Richard Falk

County Auditor/Treasurer Chairman