Commissioner Proceedings April Meeting of the County Board

(April 29, 2006) 8365

COMMISSIONER PROCEEDINGS

APRIL 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., April 4, 2006, pursuant to adjournment. All members were present.

A motion by Madsen 2nd Falk to approve the minutes of the March 21, 2006 board meeting was on vote unanimously adopted.

A motion by Peterson 2nd Larson to approve the payment of claims being $183,104.88 from Revenue Fund, $2,525.78 from Regional Treatment Center, $112,940.42 from Road and Bridge Fund, $1,684.61 from County Building Fund, $3,411.65 from Library Fund, $2,380.03 from Health & Human Services Building Fund, $1,460.00 from County Recorders Equipment Fund, $4,809.84 from GLSSWD Fund, $47,975.94 from Trunk Line Extension Revolving Fund, $3,926.16 from Computer/Communication Maintenance Fund, $12,327.81 from Sanitary Landfill Fund, $17,916.67 from SCORE Fund according to the detailed listing of claims as recorded in the office of the County Auditor/Treasurer was on vote unanimously adopted.

Bids for the Chloride Application - CA-06 were opened at this time pursuant to published notice as follows:

Chloride Application - CA-06

Estimate:

Calcium Chloride - 147,000 gal @ $.85 p/gal

$124,950.00

Magnesium Chloride - 209,000 gal @ $.65 p/gal

$135,850.00

Buskerud Construction

Dell Rapids, SD $114,950.00 - Magnesium Chloride

Dustcoating Inc

Savage, MN $133,760.00 - Magnesium Chloride

Ferrellgas

New London, MN $135,850.00 - Magnesium Chloride

Univar USA Inc

St. Paul, MN $128,257.50 - Calcium Chloride

Bids for the Reflectorized Pavement Markings - CS-06 were opened at this time pursuant to published notice as follows:

REFLECTORIZED PAVEMENT MARKINGS - CS-06

Estimate:

Yellow Paint -

3000 gal @$10.80 p/gal $32,400.00

White Paint -

4000 gal @$10.55 p/gal $42,200.00

Total $74,600.00

AAA Striping

Rogers, MN $71,620.00

Swanston Equipment Co.

Fargo, ND $83,400.00

Traffic Marking

Maple Lake, MN $66,370.00

Tri-State Striping

West Fargo, ND $77,280.00

Bids for the Pedestrian Bridge/Fishing Structure CP 4-06 were opened at this time pursuant to published notice as follows:

Pedestrian Bridge/Fishing Structure CP 4-06

Estimate: $90,000.00

Custom Manufacturing Inc

Clinton WI $ 62,825.00

Eagle Construction Co Inc

Little Falls, MN $129,207.00

Environmental Associates Inc

Willmar, MN $228,302.00

A motion by Falk 2nd Larson to remove from the table the Rick Kragenbring Conditional Use Permit review on his property in Section 14 of Gennessee Township was on vote unanimously adopted.

A motion by Madsen 2nd Larson to approve the following additional conditions to the Conditional Use Permit for Rick Kragenbring on his property in Section 14 of Gennessee Township, as presented by staff:

1. CUP will be restricted to two (2) events only per year, regardless of size or nature of the event.

2. The applicant must pay for law enforcement security in advance, with a

minimum deposit of $3,500.00 per event. If actual cost is over $3,500.00 the remaining balance must be payable within thirty (30) days of billing. Balanced owed for 2005 must be paid in full by May 15, 2006.

3. The catering license used for serving liquor on the premises must be held by a Minnesota liquor license holder, and the liquor license holder must be submitted to the Kandiyohi County Sheriff thirty (30) days prior to the event, with a copy of his liquor license so that he may be screened by the Sheriff as a new liquor license applicant would be. No exceptions to the requirement of a liquor license holder on premises if any liquor is sold or provided in any fashion, including "taking orders".

4. When the liquor license holder's licenses are submitted to the Sheriff for screening, the liquor license holder must also submit proof of minimum dram shop insurance as required by M.S. 340A.409, in the aggregate amount of $300,000.00. There must be current proof of insurance showing that the policy will be in effect on the dates of the projected event, and is applicable to catering operations and not to a specific liquor license holder site.

5. Between events there shall be no use of campers, tents, or other sleeping facilities on the premises, except one (1) camper personal to the owner. If the owner seeks to have his private camper there at times other than events he must dispose of wastes at an off-site dump station. Campers will be otherwise be permitted for events, including a period commencing forty eight (48) hours prior to the start time of the event and including forty eight (48) hours after the event is concluded. No septic hookups are permitted on-site due to the nature of the location as an abandoned gravel pit and the nature of the soils there.

was on vote unanimously adopted.

A motion by Peterson 2nd Madsen to approve the Minnesota Clean Water Partnership Project Implementation Loan Agreement between the State of Minnesota Pollution Control Agency - Regional Division and Kandiyohi County, Loan Agreement Number SRF0150 in the amount of $50,000.00 was on vote unanimously adopted.

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

RESOLUTION OF THE KANDIYOHI COUNTY

BOARD OF COMMISSIONERS

BE IT RESOLVED by the Kandiyohi County Board of Commissioners, that it hereby designates Auditor/Treasurer, Sam Modderman as Project Representative for the implementation of the Working Together to Improve Water Quality Clean Water Partnership Project for Kandiyohi County.

The Project Representative shall have the authority to represent the Kandiyohi County Board of Commissioners in all Project matters that do not specifically require action by the Kandiyohi County Board of Commissioners.

BE IT FURTHER RESOLVED by the Kandiyohi County Board of Commissioners that, as Loan Sponsor, the Kandiyohi County Board of Commissioners enters into the attached Minnesota Clean Water Partnership Project Implementation Loan Agreement along with Crow River Organization of Water, as Project Sponsor, and the Minnesota Pollution Control Agency to conduct the implementation of the Working Together to Improve Water Quality Clean Water Partnership Project.

BE IT FURTHER RESOLVED by the Kandiyohi County Board of Commissioners that the County Board Chair, Dean Shuck be authorized to execute the attached Minnesota Clean Water Partnership Project Implementation Loan Agreement for the above referenced Project on behalf of the Board as Loan Sponsor.

BE IT FURTHER RESOLVED by the Kandiyohi County Board of Commissioners that the Auditor/Treasurer, Sam Modderman be authorized to execute loan disbursement requests for the above referenced project to the Minnesota Pollution Control Agency on behalf of the Board.

Dated at Willmar, Minnesota this 4th day of April, 2006.

ATTEST: Sam Modderman

County Auditor/Treasurer

BY THE BOARD: Dean Shuck

Chairman

A motion by Larson 2nd Madsen to approve the Federal Boating Safety Supplement Grant Agreement for fiscal year 2006 in the amount of $5,000.00 was on vote unanimously adopted.

A motion by Larson 2nd Shuck to approve the renewal of the Kandiyohi County 3.2% Malt Liquor "Off Sale" License for Francis Liebl - Sunray Square for a period beginning May 1, 2006 to April 30, 2007 was on vote unanimously adopted.

A motion by Falk 2nd Larson to appoint David Larson to the Water Planning Task Force Board for a four (4) year term was on vote unanimously adopted.

A motion by Peterson 2nd Falk to reappoint Robert Hodapp as manager to the Middle Fork Crow River Watershed District for a three (3) year term was on vote unanimously adopted.

A motion by Larson 2nd Peterson to approve the following Cooperative Agreement was on vote unanimously adopted.

STATE OF MINNESOTA

DEPARTMENT OF NATURAL RESOURCES

PUBLIC SHOREFISHING

COOPERATIVE AGREEMENT

AMENDMENT NO. 1 to AGREEMENT NO. A81505

This Agreement, between the State of Minnesota, acting by and through the Commissioner of the Department of Natural Resources, hereinafter referred to as the "State" and the County of Kandiyohi, hereinafter referred to as the "County".

WITNESSETH:

WHEREAS, the State of Minnesota, Department of Natural Resources has an Agreement, identified as Agreement Number A81505 with the County of Kandiyohi in effect for the construction of a Public Shore fishing structure to Green Lake located on the eastern shore of Green Lake adjacent to CSAH 4, hereinafter referred to as the "Facilities"; and

WHEREAS, the State and the City have agreed that additional time will be necessary for the satisfactory completion of the Facilities; and

WHEREAS, Article III Funding, provides:

The State shall provide funding for it's responsibilities under Article I (a) above, however, the total obligation of the State shall not exceed $40,000. The obligation of the State is also limited to the amount of funds legislatively appropriated and administratively allocated to this project. The obligation of the State will expire on 30 June 2006, or when all development obligations under Article II (a) (b) have been satisfactorily fulfilled, whichever occurs first. No additional funding will be provided, unless agreed upon by all parties and an amendment to this Agreement is completed and executed.

NOW THEREFORE IT IS AGREED BY AND BETWEEN THE PARTIES HERETO:

WHEREAS, Article II FUNDING, provides:

The State shall provide funding for it's responsibilities under Article I (a) above, however, the total obligation of the State shall not exceed $40,000. The obligation of the State is also limited to the amount of funds legislatively appropriated and administratively allocated to this project. The obligation of the State will expire on 31 December 2006, or when all development obligations under Article II (a) (b) have been satisfactorily fulfilled, whichever occurs first. No additional funding will be provided, unless agreed upon by all parties and an amendment to this Agreement is completed and executed.

Except as herein amended, the provisions of the original Agreement remain in force.

Dated at Willmar, Minnesota this 4th day of April, 2006.

ATTEST: Sam Modderman

County Auditor/Treasurer

BY THE BOARD: Dean Shuck

Chairman

A motion Madsen 2nd Falk to approve the agreement between MN Department of Transportation and Kandiyohi County for federal participation in advance construction for S.P. 34-610-14; M.P. STPX 3406 (039) MN/DOT Agreement No. 89558 was on vote unanimously adopted.

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

KANDIYOHI COUNTY RESOLUTION

AUTHORIZATION OF SIGNATURES

BE IT RESOLVED, that pursuant to Minnesota Stat. Sec. 161.36, the Commissioner of Transportation be appointed as Agent of Kandiyohi County to accept as its agent, federal aid funds which may be made available for eligible transportation related projects.

BE IT FURTHER RESOLVED, Dean Shuck, Chairman of the Board of Commissioners, Kandiyohi County and Sam Modderman, Auditor/Treasurer for Kandiyohi County are hereby authorized and directed for and on behalf of Kandiyohi County to execute and enter into an agreement with the Commissioner of Transportation prescribing the terms and condition of said federal aid participation as set forth and contained in "Minnesota Department of Transportation Agency Agreement No. 89558", a copy of which said agreement was before the Kandiyohi County Board and which is made a part hereof by reference.

Dated at Willmar, Minnesota this 4th day of April, 2006.

ATTEST: Sam Modderman

County Auditor/Treasurer

BY THE BOARD: Dean Shuck

Chairman

A motion by Peterson 2nd Larson to approve the County Board of Commissioner appointment of viewers in the matter of determining damages to properties for easements required in conjunction with the proposed improvement of sewer service to Lake Florida was on vote unanimously adopted.

A motion by Falk 2nd Madsen to approve the Certificate of Correction for the Kandiyohi Right of Way Plat No. 6 was on vote unanimously adopted.

Gary Danielson, Public Works Director, appeared and reported on the bids for Reflectorized Pavement Markings - CS-06 and recommended that the bid be awarded to the lowest bidder, Traffic Marking of Maple Lake, MN in the amount of $66,370.00. A motion by Larson 2nd Peterson to award the bid for Reflectorized Pavement Markings - CS-06 to the lowest bidder, Traffic Marking of Maple Lake, MN in the amount of $66,370.00 was on vote unanimously adopted.

Gary Danielson, Public Works Director, appeared and reported on the bids for the Chloride Application CA-06 and recommended that the bid be awarded to the lowest bidder, Buskerud Construction of Dell Rapids, SD in the amount of $114,950.00 for Calcium Chloride. A motion by Peterson 2nd Madsen to award the bid for Chloride Application - CA-06 to the lowest bidder, Buskerud Construction of Dell Rapids, SD in the amount of $114,950.00 for Calcium Chloride was on vote unanimously adopted.

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

CHILD ABUSE PREVENTION MONTH PROCLAMATION

WHEREAS, child abuse prevention is a community problem and finding solutions depends on involvement among people throughout the community.

WHEREAS, the effects of child abuse are felt by whole communities, and need to be addressed by the entire community;

WHEREAS, effective child abuse prevention programs succeed because of partnerships created among social service agencies, schools, religious organizations, law enforcement agencies, and the business community;

WHEREAS, youth-serving prevention programs offer positive alternatives for young people and encourage youth to develop strong ties to their community;

WHEREAS, all citizens should become more aware of child abuse and its prevention within the community, and become involved in supporting parents to raise their children in a safe, nurturing environment;

THEREFORE, Dean Shuck, Chairman of Kandiyohi County Commissioners, does hereby proclaim April as Child Abuse Prevention Month in Kandiyohi County and call upon all citizens, community agencies, religious organizations, medical facilities, and businesses to increase their participation in our efforts to prevent child abuse, thereby, strengthening the communities in which we live.

Dated at Willmar, Minnesota this 4th day of April, 2006.

ATTEST: Sam Modderman

County Auditor/Treasurer

BY THE BOARD: Dean Shuck

Chairman

On motion the meeting was adjourned until 10:00 A.M., April 18, 2006.