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Commissioner Proceedings Adjourned Meeting of the County Board

COMMISSIONER PROCEEDINGS ADJOURNED MEETING OF THE COUNTY BOARD IN KANDIYOHI COUNTY 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., Novemb...

COMMISSIONER PROCEEDINGS

ADJOURNED MEETING OF THE COUNTY BOARD

IN KANDIYOHI COUNTY

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., November 15, 2005, pursuant to adjournment. All members were present.

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A motion by Shuck 2nd Peterson to approve the minutes of the November 1, 2005 board meeting was on vote unanimously adopted.

A motion by Larson 2nd Shuck to approve the payment of claims being $222,472.10 from Revenue Fund, $4,423.02 from Regional Treatment Center, $94,305.84 from Road and Bridge Fund, $39,174.00 from County Building Fund, $46.00 from Ditch Fund, $9,932.61 from Library Fund, $17,295.63 from Health & Human Services Building Fund, $1,805.18 from County Recorders Equipment Fund, $226.40 from Eagle Lake Sewer Fund, $4,818.68 from GLSSWD Fund, $2,042.18 from Capital Projects Fund, $357.50 from Trunk Line Extension Revolving Fund, $8,670.65 from Computer/Communication Maintenance Fund, $500.00 from D.A.R.E. Fund, $29,889.57 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 Peterson 2nd Madsen to approve the following Resolution was on vote unanimously adopted.

GREEN LAKE SANITARY SEWER AND WATER DISTRICT

RESOLUTION NO. 1

BASIC 2006 RATE AND FEE STRUCTURE FOR UNIFORM BENEFIT CAPITAL COSTS AND OPERATION AND MAINTENANCE COSTS

WHEREAS, Kandiyohi County is the owner and operator of the Green Lake Sanitary Sewer and Water District (GLSSWD), and

WHEREAS, Kandiyohi County has issued bonds and entered into loan agreements to construct various water and wastewater improvement projects of the GLSSWD with payments due in 2006, and;

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WHEREAS, in 2006, $834,000 of this amount will be raised by Equivalent Dwelling Unit (EDU) monthly charges on sewer and water uniform benefit services for all users of District sewer and water services, and;

WHEREAS, 2006 budgeted operation and maintenance costs are projected at $706,250 and these costs will be paid through monthly usage fees per 1,000 gallons of water sold and per 1,000 gallons of wastewater treated, and;

WHEREAS, Kandiyohi County has appointed the Green Lake Sanitary Sewer and Water District (GLSSWD) Commission to recommend budgets, rates and fees for the GLSSWD, and;

WHEREAS, The Green Lake Sanitary Sewer and Water District Commission recommends the 2006 monthly EDU charge for water be $13.20 per month per EDU and monthly EDU charge for sewer be $19.80 per month per EDU, and;

WHEREAS, The Green Lake Sanitary Sewer and Water District Commission also recommends GLSSWD water and sewer usage charges be $2.05/1,000 gallons of water sold and $3.60/1,000 gallons of wastewater treated.

THEREFORE, BE IT RESOLVED, the 2006 monthly EDU charge for water will be $13.20 per month per EDU and 2006 monthly EDU charge for sewer will be $19.80 per month per EDU, with all proceeds deposited to appropriate debt service accounts.

THEREFORE, BE IT FURTHER RESOLVED, 2006 GLSSWD water and sewer operation and maintenance charges are set at $2.05/1,000 gallons of water sold and $3.60/1,000 gallons of wastewater treated, with proceeds deposited to appropriate GLSSWD operation and maintenance accounts.

Dated at Willmar, Minnesota this 15th day of November, 2005.

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ATTEST: Sam Modderman, County Auditor Treasurer

BY THE BOARD: Richard Falk, Chairman

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

GREEN LAKE SANITARY SEWER AND WATER DISTRICT

RESOLUTION NO. 2

RESOLUTION ESTABLISHING SERVICE AVAILABILITY CHARGES (SAC)

AND OTHER WATER AND SEWER USE CHARGES INCLUDING

THE 2006 GREEN LAKE WATER AND SEWER USAGE FEE

WITHIN THE GLSSWD BUT OUTSIDE THE CORPORATE LIMITS OF

NEW LONDON AND SPICER (a.k.a. GREEN LAKE AREA)

WHEREAS, Kandiyohi County is the owner and operator of the Green Lake Sanitary Sewer and Water District (GLSSWD), and;

WHEREAS, Kandiyohi County has appointed the Green Lake Sanitary Sewer and Water District (GLSSWD) Commission to review and recommend budgets, rates and fees for the GLSSWD, including and;

WHEREAS, Green Lake Area properties are receiving additional water and sewer operation and maintenance services and receiving capital cost benefits of water and sewer infrastructure not provided New London or Spicer,

WHEREAS, these 2006 budgeted operation and maintenance costs are projected at $104,350 and capital cost recovery paid by the Service Availability Charge (SAC) is projected at $237,650.

THEREFORE, BE IT RESOLVED, the following rate and fee structure shall apply for water and sewer service.

2006 Water and Sewer Rate

Cost Component Green Lake Area Charge Rate

Capital Costs

SAC (where applicable) $350/year as part of usage fee

$13.20 EDU Water $12/month + $14.40/year to usage fee

$19.80 EDU Sewer $12/month + $93.60/year to usage fee

Commercial Rate Per EDU $13.20/mo water, $19.80/mo sewer

O & M Costs

Internal Water & Sewer $128/year as part of usage fee

District Water $2.05/1,000 gallons sold

District Sewer $3.60/1,000 gallons sold

District Sewer ISTS $550/year usage fee

Total Combined Green Lake Residential Water and Sewer

Annual Usage Fee

SAC $ 350.00

EDU Water $ 14.40

EDU Sewer $ 93.60

Internal O & M $ 128.00

TOTAL $ 586.00

Dated at Willmar, Minnesota this 15th day of November, 2005.

ATTEST: Sam Modderman, County Auditor Treasurer

BY THE BOARD: Richard Falk, Chairman

The public hearing on the County-Wide Bridge Replacement Program came on for hearing as per notice given.

Gary Danielson, Public Works Director, presented the bridge replacement pre-application for bonding and the County-Wide Bridge Replacement Program Resolutions.

All present were given an opportunity to be heard.

The public hearing was closed.

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

RESOLUTION

KANDIYOHI COUNTY

BRIDGE REPLACEMENT PRE-APPLICATION FOR BONDING

WHEREAS, Kandiyohi County has determined that the following deficient bridges on the CSAH and Township systems are a high priority and require replacement or rehabilitation within the next two (2) years, and

Estimated Town State Proposed

Bridge Road Project Local Bridge Aid Bond Const.

No. No. Cost Funds Funds Funds Funds Year_________

L9500 Harrison

Twp. Rd.

#107 85,000 10,000 75,000 2006

L9202 New

London

Twp. Rd.

#358 328,000 10,000 12,000 306,000 2006

34505 Edwards

Twp. Rd.

#8 258,000 10,000 67,000 181,000 2007

94141 CSAH 7 139,000 69,000 69,000 2007

94078 Co. Rd.

#74 197,800 25,000 172,000 2007

WHEREAS, local roads play an essential role in the overall state transportation network and local bridges are the critical component of the local road systems, and,

WHEREAS, State support for the replacement or rehabilitation of local bridges continues to be crucial to maintaining the integrity of the local road systems and is necessary for the County and the Townships to proceed with the replacement or rehabilitation of the high priority deficient bridges described above, and

WHEREAS, Kandiyohi County intends to proceed with replacement or rehabilitation of these bridges as soon as possible when State Transportation Bond Funds are available,

NOW THEREFORE, BE IT RESOLVED, that Kandiyohi County commits that it will proceed with the design and contract documents for these bridges immediately after being notified that funds are available in order to permit construction to take place within one year of notification.

Dated at Willmar, Minnesota this 15th day of November, 2005.

ATTEST: Sam Modderman, County Auditor Treasurer

BY THE BOARD: Richard Falk, Chairman

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

RESOLUTION

KANDIYOHI COUNTY

COUNTY-WIDE BRIDGE REPLACEMENT PROGRAM

WHEREAS: A public meeting was held by the Kandiyohi County Board of Commissioners on November 15, 2005 at 10:15 a.m. at the Health & Human Service Building, Suite 2020, 2200 23rd Street NE, Willmar, MN 56201, to consider and establish new priorities for an ongoing County- wide bridge replacement program, and;

WHEREAS: The Kandiyohi County Board of Commissioners and members of the interested Township Boards after due consideration, indicated their priorities, and;

NOW, THEREFORE, BE IT RESOLVED: That the following revised list of bridges be programmed for replacement under the various federal and state participation programs:

ON COUNTY ROADS:

Structure No. 94141 over County Ditch 7, 1.6 miles North of Junction TH 40, Section 6, T119N, R36W, on CSAH #7.

Structure No. 94078 over South Fork Crow River (JD #1), 0.3 miles South of Junction TH 7, Section 21, T117N, R33W, on County Road #74.

ON TOWNSHIP ROADS:

Harrison Township

Structure No. L9500 over CD #28, 0.1 miles South of Junction CSAH #10, Section 11, T120N, R33W, on Township Road #107

New London Township

Structure No. 9202 over Middle Fork Crow River, 0.3 miles SE of Junction CSAH 9, Section 21, T121N, R34W, on Township Road #358

Edwards Township

Structure No. 34505 over Hawk Creek (JD#7), 0.4 miles North of Junction TH 23, Section 17, T118N, R36W, on Township Road #8.

BE IT FURTHER RESOLVED that in the event of the above replacements being scheduled for the use of Federal Aid "Off-System" or "Safer Off-System" funds that the Commissioner of Transportation be and hereby is authorized and requested to take such steps and perform such acts on behalf of the County of Kandiyohi as may be necessary to have the construction and improvement of the bridges properly approved by the Federal Highway Administrator as Federal Aid "Off-System" or "Safer Off-System" Road projects eligible for present construction and the letting of a contract therefore.

Dated at Willmar, Minnesota this 15th day of November, 2005.

ATTEST: Sam Modderman, County Auditor Treasurer

BY THE BOARD: Richard Falk, Chairman

A motion by Madsen 2nd Shuck to go into closed session under the open meeting law to discuss an ongoing litigation of Raymond Pierskalla was on vote unanimously adopted.

A motion by Larson 2nd Madsen to open the meeting was on vote unanimously adopted.

Boyd Beccue, County Attorney reported that the board discussed a settlement on the Ray Pierskalla litigation and that they had authorized him to negotiate a reasonable settlement which would be agreeable with all parties involved.

A motion by Peterson 2nd Shuck to approve the Conditional Use Permit for David Johnson, applicant proposing a Planned Unit Development for 7 single-family dwellings in an R-1 Shoreland Residential Management District on his property in Section 23 of New London Township and the adoption of the findings of the Planning Commission was on vote unanimously adopted.

A motion by Peterson 2nd Falk to approve the final plat of Pebble Beach Second Addition with changes as recommended by County staff and approve it for recording was on vote unanimously adopted.

A motion by Shuck 2nd Larson to approve the Conditional Use Permit for Richard Hanson, applicant requesting mining and processing of gravel and granular material in an A-2 General Agricultural District on his property in Section 2 of Dovre Township subject to the following conditions, the adoption of the findings of the Planning Commission and the Memorandum from the Dovre Township Board:

1. Hours of operation shall be limited to Monday - Saturday 7:00 a.m. through 7:00 p.m., no operations on Sundays or official holidays, preventive maintenance may be performed from 6:00 a.m. - 7:00 a.m and post operation may be performed from 7:00 - 8:30 pm on normal days of operation

2. The applicant shall provide a bond or irrevocable letter of credit to Kandiyohi County in the amount of one thousand dollars ($1,000) per acre to assure proper reclamation of the site after completion of the project

3. The applicant shall observe all setback regulations as contained in Chapter 32, Section 32-5-6 of the Kandiyohi County Zoning Regulations and with the additional setback to the adjacent residence to the West to be 250 feet.

4. This Conditional Use Permit shall be valid for 10 years from the date of issuance.

5. Kandiyohi County Environmental Services staff shall be granted access upon reasonable notification for reasons of determining compliance with all conditions of this permit and Zoning Ordinance Performance Standards.

6. Prior to commencement of mining activities, a sign shall be posted at the entrance to the site that clearly states the date of the permit issuance, hours of operation, duration of the permit, the operator's phone number, and the Zoning Office phone number. The sign and lettering shall be of sufficient size and shall be located in such a manner that it can reasonably be read without trespassing on the property. The sign shall not exceed thirty two (32) square feet in surface area.

7. This Conditional Use Permit shall only authorize the extraction, processing, and storage of sand, gravel, & rock, and the storage and processing of recycled concrete and asphalt.

8. The owner and/or operator shall be responsible for maintenance and restoration of all county and township roads used as haul roads for the operation. In the event that haul roads are damaged or suffer more than ordinary wear or deterioration due to the applicant's use, the applicant, upon written notification by the Zoning Administrator, shall immediately suspend operations under the CUP until all required maintenance is completed, at the applicant's expense, to the satisfaction of the County Engineer.

9. The operator shall be responsible to maintain dust control measures on site and on haul roads at levels adequate to insure normal rural dust conditions are not exceeded. Such dust control may include required application of chloride treatment at the discretion of the Zoning Administrator.

10. Upon project commencement, the operator shall construct a screening berm for the purposes of screening the residence located at 140 105th Ave NE (PID#13-002-0080) from the dust, noise and sights of the operation.

The berm shall be constructed as follows:

a. The berm shall be constructed of the first available overburden that is stripped during mining preparation

b. The berm shall run a minimum of the length of the building site along the eastern boundary of the affected property.

c. The berm shall be a minimum of 10 feet in height from original grade, shall be sloped no steeper that 3:1, and shall be completely vegetated with grass or other appropriate ground cover.

d. The berm shall remain in place until final project completion.

11. The reclamation plan to be followed as submitted.

MEMORANDUM FROM THE DOVRE TOWNSHIP BOARD

1. Background. On 13 September, 2005, Dovre Township provided written comments to the Kandiyohi County Planning and Zoning Commission pertaining to EAW on Hanson Bros Gravel Mining Operation. These comments are a part of the record for the EAW hearing.

2. Problem. This memorandum addresses township road maintenance and repair for roads used to access gravel pits. Specifically, Dovre Township road number T-214 (105 Av NW) was used to haul gravel in the Spring and Summer of 2005. Dovre Township evaluated this road during hauling operations and determined that loaded gravel truck traffic resulted in significant road surface break-up in 3-4 segments of the road (estimated total 800 feet). The conditions specified in the current mining permit are not adequate to prevent this level of damage.

3. Solution. Dovre Township has asked the County Highway Engineer (Mr. Gary Danielson) to develop a baseline technical assessment of the township road network (105 Av NW and 11th St NE) leading to the Hanson Bros gravel pits. The aim of this baseline assessment is to determine: starting condition of the roads, and, provide a basis for assessing normal wear and excessive wear and damage. Dovre Township accepts responsibility for normal wear and maintenance of these roads and estimates this annual cost to be $4500/year. We expect that wear and damage beyond normal would be paid by the owner/operator of the pit. We are also requesting that the County Engineer provide technical support and assistance to conduct periodic inspections of the road during operations.

4. Township Position and Recommendations. The Dovre Township Board position and recommendations are: Dovre Township bears responsibility for normal wear, maintenance, and repair on township roads. Beyond normal wear, maintenance, and repair, the Owner/Operator bears the responsibility. The technical baseline for the road is established by the County Engineer. The County Engineer also provides technical assistance to the township for inspecting the roads during operations. Determination of normal and abnormal wear, maintenance and repair requirements are made with the assistance of the County Engineer.

was on vote unanimously adopted.

A motion by Peterson 2nd Larson to approve the Conditional Use Permit for Ella Mae Dengerud-Duininck Brothers, Inc., applicant proposing excavation and removal of sand barrow material in an A-2 General Agricultural District on property owned by Dengerud in Section 28 of Irving Township, subject to the following conditions and the adoption of the findings of the Planning Commission:

1. Hours of operation to be 7:00 a.m. to 7:00 p.m.. Monday - Saturday, no operations on Sundays or official holiday. Preventive maintenance may be performed from 6:00 - 7:00 a.m. and post operation may be performed from 7:00 - 8:30 p.m. on normal days of operation.

2. The applicant shall provide a bond or irrevocable letter of credit to Kandiyohi County in the amount of one thousand dollars ($1,000) per acre to assure proper reclamation of the site after completion of the project

3. The applicant shall observe all setback regulations as contained in Chapter 32, Section 32-5-6 of the Kandiyohi County Zoning Regulations.

4. This Conditional Use Permit shall be valid for 2 years from the date of issuance.

5. Kandiyohi County Environmental Services staff shall be granted access upon reasonable notification for reasons of determining compliance with all conditions of this permit and Zoning Ordinance Performance Standards.

6. Prior to commencement of mining activities, a sign shall be posted at the entrance to the site that clearly states the date of the permit issuance, hours of operation, duration of the permit, the operator's phone number, and the Zoning Office phone number. The sign and lettering shall be of sufficient size and shall be located in such a manner that it can reasonably be read without trespassing on the property. The sign shall not exceed thirty two (32) square feet in surface area.

7. This Conditional Use Permit shall only authorize the extraction, processing, and storage of sand, gravel, & rock, and storage and processing of recycled concrete and asphalt and to allow peat material to be brought back into the pit from the County Road #4 project.

8. The owner and/or operator shall be responsible for maintenance and restoration of all county and township roads used as haul roads for the operation. In the event that haul roads are damaged or suffer more than ordinary wear or deterioration due to the applicant's use, the applicant, upon written notification by the Zoning Administrator, shall immediately suspend operations under the CUP until all required maintenance is completed, at the applicant's expense, to the satisfaction of the County Engineer.

9. The operator shall be responsible to maintain dust control measures on site and on haul roads at levels adequate to insure normal rural dust conditions are not exceeded. Such dust control may include required application of chloride treatment at the discretion of the Zoning Administrator.

10. The reclamation plan to be followed as submitted.

was on vote unanimously adopted.

A motion by Madsen 2nd Larson to approve the Conditional Use Permit for Lowell Johnson, applicant proposing mining and processing of gravel and granular materials and the operation of a temporary hot-mix asphalt plant in an A-1 Agricultural Preservation District on the Johnson property in Section 13 of Gennessee Township, subject to the following conditions and the adoption of the findings of the Planning Commission,

1. Hours of operation shall be limited to Monday through Saturday 6:00 a.m. to 8:00 p.m.

2. The applicant shall provide a bond or irrevocable letter of credit to Kandiyohi County in the amount of one thousand dollars ($1,000) per acre to assure proper reclamation of the site after completion of the project

3. The applicant shall observe all setback regulations as contained in Chapter 32, Section 32-5-6 of the Kandiyohi County Zoning Regulations.

4. This Conditional Use Permit shall be valid for 30 years from the date of issuance.

5. Kandiyohi County Environmental Services staff shall be granted access upon reasonable notification for reasons of determining compliance with all conditions of this permit and Zoning Ordinance Performance Standards.

6. Prior to commencement of mining activities, a sign shall be posted at the entrance to the site that clearly states the date of the permit issuance, hours of operation, duration of the permit, the operator's phone number, and the Zoning Office phone number. The sign and lettering shall be of sufficient size and shall be located in such a manner that it can reasonably be read without trespassing on the property. The sign shall not exceed thirty two (32) square feet in surface area.

7. This Conditional Use Permit shall only authorize the extraction, processing, and storage of sand, gravel, & rock, and the storage and processing of recycled concrete and asphalt, and hot mix asphalt plant operation.

8. The owner and/or operator shall be responsible for maintenance and restoration of all county and township roads used as haul roads for the operation. In the event that haul roads are damaged or suffer more than ordinary wear or deterioration due to the applicant's use, the applicant, upon written notification by the Zoning Administrator, shall immediately suspend operations under the CUP until all required maintenance is completed, at the applicant's expense, to the satisfaction of the County Engineer.

9. The operator shall be responsible to maintain dust control measures on site and on haul roads at levels adequate to insure normal rural dust conditions are not exceeded. Such dust control may include required application of chloride treatment at the discretion of the Zoning Administrator.

10. The site shall be progressively reclaimed such that no more than 40 acres is open and unclaimed at any given time. This allowable area shall include all extraction, processing, and stockpiling areas.

11. All existing wetlands on the property shall remain intact and shall not be altered in any manner.

12. Upon project commencement, the operator shall construct a screening berm for the purposes of screening the residence located at 205 195th Street SE (PID#17-013-0062) from the dust, noise and sights of the operation. The berm shall be constructed as follows:

a. The berm shall be constructed of the first available overburden that is stripped when mining is begun in the NW 1/4 of the NW ¼ and/or the NE 1/4 of the NW 1/4.

b. The berm shall run a minimum of the length of the Southern and Eastern boundaries of the affected property.

c. The berm shall be a minimum of 10 feet in height from original grade, shall be sloped no steeper than 3:1, and shall be completely vegetated with grass or other appropriate ground cover.

d. The berm shall remain in place until final project completion.

13. Erect trespass signage on property in accordance to statute M.S. §609.605 subd. 1

14. The reclamation plan to be followed as submitted.

was on vote adopted. Voting yes: Madsen, Larson, Peterson. Voting no: Falk, Shuck.

A motion by Larson 2nd Peterson to approve the Conditional Use Permit for James A. Olson, applicant requesting a Level II Home Occupation in an A-2 General Agricultural district on his property in Section 20 of New London Township, subject to the following conditions and the adoption of the findings of the Planning Commission,:

1. Hours of operation be limited to Monday through Friday from 8:00 a.m. to 4:30 p.m.

was on vote unanimously adopted.

A motion by Larson 2nd Shuck to approve the Conditional Use Permit for Kim D. Larsen, applicant requesting a storage rental facility, contractor warehouse (all items to be inside existing building), and an auto display lot for a maximum of 30 vehicles, all in a CI Commercial/Industrial District in Section 18 of Kandiyohi Township, subject to the following conditions and the adoption of the findings of the Planning Commission:

1. The auto sales lot is for display purposes only

2. All rental storage must be inside the existing building

A motion by Madsen 2nd Larson to amend the motion with the addition that materials outside of buildings will be eliminated within one year of the approval of this permit was on vote unanimously adopted. The amended motion was on vote unanimously adopted.

Commissioner Falk was absent for the rest of the board meeting.

A motion by Madsen 2nd Peterson to authorize issuance, awarding sale, prescribing the form and details and providing for the payment of $3,700,000 general obligation road reconstruction bonds, series 2005B at a rate of 4.1371% was on vote unanimously adopted.

On motion the meeting was adjourned until 10:00 A.M., December 2, 2005.

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