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OFFICIAL PROCEEDINGS OF THE BOARD OF COMMISSIONERS
BLUE EARTH COUNTY, MINNESOTA
March 11, 1997
The County Board of Commissioners met in the Commissioners'
Room at 9:00 a.m. Present were Chairperson Lin Barnes,
Commissioner Leon Tacheny, Commissioner Colleen Landkamer,
Commissioner Al Bennett, Commissioner Alvis More, County Attorney
Ross Arneson and County Administrator David Twa.
1. AGENDA REVIEW
Commissioner Bennett moved and Commissioner Landkamer
seconded the motion to approve the amended Agenda to include a
SCORE Resolution; Duck Lake Phase II Grant Program and postponed
the Congressional Update from Representative Gutknecht's Office.
The motion carried. 96-79
2. COMMISSIONERS' REPORTS ON COMMITTEES
The Commissioners reported on committees that they have
attended since the last Board Meeting.
3. ADMINISTRATIVE SERVICES
Mr. Jerry Kallheim, Land Record Director, presented the
following item for the Boards consideration.
Commissioner Tacheny moved and Commissioner Landkamer
seconded the motion to approve the tax-forfeited land sale and
set the land values as presented:
RESOLUTION
BE IT RESOLVED, That all parcels of tax-forfeited land
listed on List of Tax-Forfeited Land be classified as
nonconservation land; that the basic sale price of each
parcel on List of Tax-Forfeited Land, which is on file
with the Director of Land Records, be approved and
authorization for a public sale of this land be
granted, pursuant to M.S. 282.01; that the sale will be
held at 9:30 a.m., Friday, April 18, 1997 by the Blue
Earth County Director of Land Records at the Blue Earth
County Commissioner Board Room, Blue Earth County
Courthouse, for not less than the basic sale price; and
that all sales be full payment.
On motion made and carried the foregoing resolution was
duly passed and adopted.
The motion carried. 97-80
Mr. David Twa, County Administrator, presented the following
items for the Boards consideration.
Commissioner Landkamer moved and Commissioner More seconded
the motion to approve the February 18, 1997 Board Minutes. The
motion carried. 97-81
Commissioner Landkamer moved and Commissioner More seconded
the motion to approve the following Bills:
Bills for Week of February 24-28, 1997
Grand Total $494,674.38
Bills for Week of March 3-7, 1997
Grand Total $5,254,615.73
Bills for Week of March 10-14, 1997
Grand Total $1,578,868.89
The motion carried. 97-82
Commissioner Landkamer moved and Commissioner More seconded
the motion to approve the following Personnel items:
Employment of Donna Kopischke, as .5 FTE Personnel
Clerk (A11), with a starting salary of $7.49 per hour
effective March 13, 1997. (Personnel)
Employment of Scott Salsbury, as a Land Use Planner I
(C41), with a starting salary of $13.57 per hour
effective March 17, 1997. (Environmental Services)
Authorization to initiate recruitment for a Managed
Care Project Supervisor (C51) (Human Services)
The motion carried. 97-83
Commissioner Tacheny moved and Commissioner Bennett seconded
the motion to approve an option agreement with the Southcentral
Minnesota Multi-County Housing and Redevelopment Authority
through May 15, 1997, to enter into a mutually agreeable
definitive purchase agreement to purchase all of right, title,
and interest, in and to Nichols Building. The motion carried.
97-84
Commissioner Bennett moved and Commissioner Tacheny seconded
the motion to appoint Commissioner Tacheny; Commissioner Bennett;
Mr. David Twa, County Administrator; Mr. Dean Ehlers, Park
Supervisor and Mr. Steve Michels, Physical Plant Director to the
Building and Land Committee that will deal with issues of
managing County lands and buildings. The motion carried. 97-85
Commissioner More moved and Commissioner Tacheny seconded
the motion to appoint Chairperson Barnes and Commissioner
Landkamer to the Health Insurance Committee. The motion carried.
97-86
Commissioner More moved and Commissioner Landkamer seconded
the motion to endorse the Multi Community Task Force that will
address housing in North Mankato, Mankato, Blue Earth County and
Nicollet County and appoint Commissioner Bennett as the County's
representative. The motion carried. 97-87
Commissioner Tacheny moved and Commissioner More seconded
the motion to approve an Off-Sale Non-Intoxicating Malt Liquor
License to D & R Marketing, d/b/a LeHillier Quick Mart, Highway
169 South & Hawley Street, LeHillier, MN. The motion carried.
97-88
Commissioner Tacheny moved and Commissioner Bennett seconded
the motion to approve an agreement for the Mankato Area Growth
Management and Planning Study (MAGMAPS), provide staff and
appoint Commissioner More to the Joint Powers Board. The motion
carried. 97-89
The January 31, 1997 Financial Status Report was presented
as an informational item.
Commissioner Tacheny moved and Commissioner Bennett seconded
the motion to approve the following Resolution:
WHEREAS, $265,137 is available from the 1996 Community
Support operating budget; and
WHEREAS, these dollars have been identified to be used
for Economic Development purposes;
NOW, THEREFORE BE IT RESOLVED, by the Blue Earth County
Commissioners, that $265,137 be transferred from the
General Fund to the Economic Development Fund.
The motion carried. 97-90
Commissioner More moved and Commissioner Tacheny seconded
the motion to approve and authorize the Chairperson to sign the
Minnesota Clean Water Partnership Project Implementation Grant
Agreement for the Duck Lake Water Quality Improvement
Implementation Project:
RESOLUTION OF THE
BLUE COUNTY BOARD OF COMMISSIONERS
BE IT RESOLVED by the Blue Earth County Board of
Commissioners that the County enter into the attached
Grant Agreement with the Minnesota Pollution Control
Agency (MPCA) to conduct the following Project: Duck
Lake Water Quality Improvement Implementation Project.
BE IT FURTHER RESOLVED by the Blue Earth County Board
of Commissioners that the Chairperson, Linley Barnes,
be authorized to execute the attached Grant Agreement
for the above-mention Project on behalf of the Blue
Earth County Board of Commissioners.
WHEREUPON the above resolution was adopted at a regular
meeting of the County Board of Commissioners this 11th
day of March 1997.
The motion carried. 97-91
Commissioner Bennett moved and Commissioner Tacheny seconded
the motion to approve the following resolution:
Resolution Regarding SCORE Tax
WHEREAS, in 1988 the Select Committee on Recycling and
the Environment(SCORE)developed recommendations to
enhance and increase waste reduction, recycling and
related solid waste abatement programs;
WHEREAS, the Legislature enacted legislation in 1989
that established program directions and provided
funding assistance to implement the SCORE
recommendations;
WHEREAS, the funding for these programs was provided by
applying the state sales and use tax to solid waste
collection and disposal services, referred to as the
SCORE tax, and the definition of the tax was changed in
1995 to mixed municipal solid waste management services
in an effort to clarify application of the SCORE tax;
WHEREAS, SCORE programs have been a critical part of
Minnesota's integrated solid waste management system,
and have contributed to Minnesota's success in
recycling and waste abatement;
WHEREAS, application of the SCORE tax has become a
controversial issue due to differing interpretations of
the statute, specifically as it relates to how the
SCORE tax should be applied to local government solid
waste activities, and due to unique language that costs
in excess of direct charges are included as taxable
costs in applying the SCORE tax;
WHEREAS, since 1995 the Legislature has placed a
moratorium on efforts to collect any underpayment from
local governments, or to reimburse any overpayment,
while directing the Department of Revenue to evaluate
the application of the SCORE tax on local government
solid waste activities; and
WHEREAS, the 1996 Legislature debated the issue
extensively and created the SCORE Tax Task Force to
examine issues associated with the SCORE tax, and to
make recommendations to address issues related to past
and future application of the SCORE tax.
THEREFORE BE IT RESOLVED, the Blue Earth County Board
of Commissioners supports and recommends the 1997
Legislature modify the SCORE tax as follows:
Extend indefinitely the current moratorium to
collect any underpayment from local governments,
or to reimburse any overpayment on taxes on
solid waste services.
Remove the provision in Minn. Stat. 297A, subd. 2--unique to the SCORE sales tax--that requires
local government units to calculate and remit
SCORE tax for solid waste management services in
excess of direct charges.
Support the report of the SCORE Sales Tax Task
Force.
Require an annual disclosure on the total amount
of revenue collected by the SCORE tax.
Require that all revenue generated from the SCORE
Sales Tax be allocated to county solid waste
management programs.
The motion carried. 97-92
4. HUMAN SERVICES
Mr. Dennis McCoy, Deputy Administrator, presented the
following Human Service items for the Boards consideration.
Commissioner Landkamer moved and Commissioner More seconded
the motion to approve the following Human Service items with the
addition that Mr. McCoy be able to sign the lease agreement with
Security Management Realty:
Approval of the Southern Minnesota Health Initiative
Joint Powers Agreement between the Counties of Blue
Earth, Freeborn, Le Sueur, and Rice. This Joint Powers
Board is proposed to serve as the policy body for the
Southern Minnesota Health Initiative and discharge
those other responsibilities normally attributed to a
Joint Powers Board. Blue Earth County will be the
administrative and fiscal agent during the life of the
Agreement and provide staff support to the Joint Powers
Board.
Approval of an apartment lease between the County of
Blue Earth and Security Management Realty (SMR) for one
apartment at 121 East Main Street, Mankato. This
apartment will be paid for by the Adult Mental Health
Initiative and will be used to provide services
associated with that project. The apartment is located
above the Second Step Clubhouse.
Approval of a request for funding to the Mankato Area
Healthy Youth Committee in the amount of $6,000.00 to
be split between District #77 and Blue Earth County.
Funding for this request will be from the Local
Collaborative Time Study money.
The motion carried. 97-93
7. PUBLIC WORKS
Mr. Al Forsberg, Public Works Director; Mr. Ron Olson,
Road Supervisor and Mr. Joe Styndl, Maintenance Superintendent,
presented the following items for the Boards consideration.
Pursuant to publication, bids were received, opened and
reviewed for the following Public Works Projects, with the
following results:
PROJECT: Stadium Road, CR 190, Extension
Bidders: Amount of Bid:
Southern Minnesota Construction, Mankato, MN $902,344.11
Mathiowetz Construction, Sleepy Eye, MN $943,993.90
H.R. Loveall Construction, Winnebago, MN $889,844.70
C.W. Scheurer Construction, Mankato, MN $947,344.95
Tow Bros. Construction, Truman, MN $850,910.35
Commissioner Tacheny moved and Commissioner Bennett seconded the
motion to accept the low bid of $850,910.35 from Tow Bros.
Construction, Truman, MN. The motion carried. 97-94
PROJECT: Yellow House Acquired for CSAH 90 Right of Way
Bidders: Amount of Bid:
Sharon Schaller, Mankato, MN $501.00
Commissioner Landkamer moved and Commissioner More seconded the
motion to award the Bid, contingent upon both homes being
unoccupied, to Sharon Schaller, Mankato, MN, in the amount of
$501. The motion carried. 97-95
Commissioner Tacheny moved and Commissioner Bennett seconded
the motion to approve a Cooperative Agreement with MnDot for the
TH 14 and TH 60 detours:
COUNTY OF BLUE EARTH
RESOLUTION
BE IT RESOLVED, that the County of Blue Earth enter
into Mn/DOT Agreement No. 75858 with the State of
Minnesota, Department of Transportation for the
following purposes, to-wit:
To provide for payment by the State to the County for
the use of County State Aid Highways No. 17 and No. 37
as detour routes during grading, base, surfacing,
signals, and box culvert construction and other
associated construction to be performed upon, along and
adjacent to Trunk Highway No. 14 from Engineer Station
223+94 to Engineer Station 625+59.83 under State
Project No. 0702-98 (T.H. 14=7).
BE It FURTHER RESOLVED, that the proper County officers
are hereby authorized and directed to execute such
Agreement.
The motion carried. 97-96
Commissioner Bennett moved and Commissioner Tacheny seconded
the motion to recommend that MnDot donate the land known as "Hog
Island", Garden City, to the Blue Earth County Soil & Water
Conservation District (SWCD), if that does not meet statute
requirements the County would accept the donation and then donate
the land to SWCD. The motion carried. 97-97
Commissioner Bennett moved and Commissioner Tacheny seconded
the motion to proceed with the Rural Addressing Project by hiring
Ellert & Associates, Stillwater, MN for technical consulting and
project management assistance at a cost of $16,000 and a cost of
approximately $60,000-$65,000 for addressing infrastructure. The
motion carried. 97-98
The meeting recessed at 12:20 p.m.
The meeting reconvened at 1:30 p.m.
9. COUNTY DITCH #86
The Public Hearing on County Ditch #86, which had been
continued from February 18, 1997, was opened for public comments
by Chairperson Barnes at 1:30 p.m., March 11, 1997. Mr. Douglas
Parrott, Engineer, gave an overview of the project.
Public comments were heard from: Mr. Arvid Wendland,
Attorney representing the petition on the extension; Mr. Wayne
Pestka, St. Clair; Mr. Douglas Hager, Good Thunder; Mr. Gerald
Hoppe, St. Clair; Mr. Blaine Phillips, Janesville; and Mr. Chuck
Peterson, Attorney who drafted the original petition.
After discussion, the Ditch Authority found the
project to be feasible and of public benefit, therefore
Commissioner More moved and Commissioner Tacheny seconded the
motion authorizing the Engineering Firm to proceed with the
project and appoint viewers, to be named at a later date.
Chairperson Barnes officially closed the Public Hearing at
2:30 p.m., March 11, 1997. A recording of this hearing is on
file at the County Administrator's Office, Courthouse, Mankato,
MN. The motion carried. 97-100
10. COUNTY DITCH #36
Mr. Kurt Deter, Attorney representing the petitioners,
presented a petition on County Ditch #36.
Mr. Jerry Kallheim, Land Records Director, informed the
Board that the Bond has been received and the petition has been
reviewed by the County Attorney.
Commissioner Bennett moved and Commissioner More seconded
the motion to appoint I & S Engineers, Mankato, as the engineers
and to proceed with the preliminary report. The motion carried.
97-101
Commissioner Tacheny moved and Commissioner Bennett seconded
the motion to adjourn at 3:30 p.m. The motion carried. 97-102
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