Kandiyohi County
Board of Commissioners Minutes

MARCH 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 1:30 P.M., March 23, 2005, pursuant to adjournment. All members were present.

Gary Danielson, Public Works Director, said that the Board had toured the County in the morning looking at roads that are in need of maintenance or repair. The following roads were viewed:

1. Township Road South of Mills property in Willmar Twp - 45th Avenue SW
2. Green Acres Road in Kandiyohi Township - 45th Street SE
3. County Road 119 in Whitefield and Fahlun Townships - South of Wagonga Lake
4. Township Road by Gorans property in Fahlun Township - 37th Street SE
5. CSAH 44 in Lake Lillian Township
6. CSAH 4 on the Westside of Diamond Lake
7. County Road #4, CSAH 40 and County Road 130 - North of Calhoun Lake
8. County Road 121 - North of Sibley Park
9. County Road #38 - South of Sibley Park
10. In the Spicer Area:
    1. County Road #10 to US 71
    2. County Road #10 to County Road #2
    3. County Road #10 in Spicer - South of Green Lake
    4. County Road #127 - South of Spicer in Green Lake Township
11. CSAH 9 on the Eastside of Eagle Lake

Ben Hedtke from Green Lake Township asked about 71st Street - The Township stated that this should be high priority and will be working with the County.

Cal Freeman from Kandiyohi Township stated that the Green Acres Road is a bypass to get to US Hwy #12 and asked if the County would be willing to exchange roads with a lower traffic count.

Gene Gatewood from Fahlun Township stated that Fahlun Township is concerned about Fahlun Township being able to afford the cost to repair the road by the Gorans property.

Larry Urban from Colfax Township said the they have received complaints on the speed limit on County Road 9 by Games Lake. He also wondered about leveling out 5th Street.

Gary Danielson, Public Works Director, stated that the speed limits of County Roads are not under the jurisdiction of the County Engineer or the County Board. The Commissioner of Transportation issues these orders.

Donovan Monson from Willmar Township stated that 45th Street South of the Mills property needs to be addressed.

Gene Gatewood from Fahlun Township asked what is the time line for repairs.

Brian Hedtke from Green Lake Township asked what is the priority for County Road #127.

Kim Gorans stated that the road by his property needs to be repaired so that he can get feed in and turkeys in and out.

Gary Danielson, Public Works Director, explained the funding for County Roads and CSAH Roads.

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

BOARD OF COUNTY COMMISSIONERS KANDIYOHI COUNTY, MINNESOTA
RESOLUTION TO PROCEED IN EMINENT DOMAIN

WHEREAS, Kandiyohi County proposes to construct and improve interchange ramp connections between the Trunk Highway 23/71 By-pass of Willmar and County State Aid Highway 23; and

WHEREAS, the plans for said construction have been duly prepared and labeled “Grading, Bituminous Surfacing and Drainage Improvements on CSAH 23 and Interchange Ramps to TH 71/23, State Project 34-623-14;” and

WHEREAS, Right of Way Plats have been duly prepared by order of the County Board showing required temporary and permanent rights of way and required control of access based on the aforementioned construction plan; 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 Irene R. Pierskalla, more particularly described as Parcel One (1) and Temporary Easement Parcel One (1), being portions of Lot One (1) of Block One (1), Pierskalla Addition, as set forth on Kandiyohi County State Aid Highway Number Twenty-three (23) Right of Way Plat Number One (1), on file and of record in the Office of the Kandiyohi County Recorder; and

WHEREAS, a portion of said lands required for these purposes are owned by the following individuals: Helen Sjoberg, life estate, Alan L. Sjoberg, subject to marital lien in Nancy J. Sjoberg, Patsy A. Erickson, and Brenda Jergensen, more particularly described as Parcel Two(2) and Temporary Easement Parcel Two (2) being portions of the Southwest Quarter of the Southeast Quarter (SW1/4SE1/4), Section Thirteen (13), Township One Hundred Nineteen (119) Range Thirty Five West (35W) as set forth on Kandiyohi County State Aid Highway Number Twenty-three (23) Right of Way Plat Number Two (2), on file and of record in the Office of the Kandiyohi County Recorder; and

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 23rd day of March, 2005.

ATTEST:	BY THE BOARD:
Sam Modderman	Richard Falk
County Auditor/Treasurer	Chairman

A motion by Madsen 2nd Larson to approve the application of Atwater Eight LLC for an “on-sale” 3.2 percent malt liquor license for a fee of $108.00 for Island Pine Golf for 13 months from April 1, 2005 through April 30, 2006 was on vote unanimously adopted.

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

CITY OF WILLMAR & KANDIYOHI COUNTY CONSTRUCTION
AGREEMENT CITY OF WILLMAR PROJECT NO 0506

WHEREAS, the City of Willmar and Kandiyohi County mutually recognize the need for a traffic control signal system at the intersection of Willmar Avenue SE and 5th Street SE; and

WHEREAS, the intersection control must be modified to provide for a traffic control signal system; and

WHEREAS, the City of Willmar agrees to install a traffic control signal system as the City of Willmar Project No. 0506 as part of a joint City/County project; and

WHEREAS, the City of Willmar will prepare plans, specifications, and estimates for said work and intends to let a contract in year 2005 contingent to County approval.

WHEREAS, the City of Willmar and Kandiyohi County mutually agree to equally share future maintenance activity costs; and

THEREFORE, be it mutually agreed and resolved that the City of Willmar will cause said project’s construction and Kandiyohi County will reimburse the City of Willmar for a portion of the cost of said project as estimated below.

Final cost to the County and City will be based on the final project cost.

Dated at Willmar, Minnesota this 23rd day of March, 2005.

ATTEST:	BY THE BOARD:
Sam Modderman	Richard Falk
County Auditor/Treasurer	Chairman

On motion the meeting was adjourned until 10:00 A.M., April 5, 2005.