TODD COUNTY BOARD OF COMMISSIONERS Regular Board Meeting Agenda

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1 TODD COUNTY BOARD OF COMMISSIONERS Regular Board Meeting Agenda Date: Time: June 19, :00 AM Meeting to be held at 221 1st Avenue S in the Justice Center, Long Prairie, Minnesota. Item # Approx. Time 1 Call to Order and Roll Call 9:00 2 Pledge of Allegiance 9:01 3 Amendments to the Agenda 9:02 4 Potential Consent Items 9: Approve June 5, 2012 Minutes 4.2 Approve Actions of June 12, 2012 H&HS Committee 4.3 Commissioner Warrants 5 Auditor/Treasurer 9: Vangsness Reappointment to Watershed District Board of Managers 5.2 Gambling Permit - Big Lake Sportsman 5.3 DNR Sale - Approval of Forfeited Lands 5.4 Consulting Contract - Computer Professionals 6 SWCDD 9: CUP - Jonas Hershberger 6.2 CUP - Jennie-O Turkey Store 6.3 CUP Review - Catherine Waldoch 6.4 Final Plat Approval - Ivan Addition 6.5 Final Plat Approval - Brick Addition 6.6 MPCA Waiver 6.7 RT Vision Contract 7 Extension Committee 9: Extension Committee Presentation 8 Clifton LarsonAllen LLP 9: Audit Report 9 Ditch & Ag Inspector 9: HHA Approval for Hinrichs 9.2 HHA - Raddatz 10 Health Human Services 10: Health Educator Position 11 Todd County Sheriff's Department 10: Memorandum Agreement - Detention Center Medical Director 12 Administration 10: Eagle Bend Senior Center Grant Application 12.2 Fiberband Committee 12.3 Fiberband Committee Budget Amendment Standing Reports Administrator's Report Commissioners' Report The County Board Meeting will begin promptly at the prescribed time. The County Board reserves the right to alter the order of the agenda items and the amount of time allowed for an item based on business needs. 1 of 81

2 TODD COUNTY BOARD OF COMMISSIONERS Regular Board Meeting Agenda Adjourn The County Board Meeting will begin promptly at the prescribed time. The County Board reserves the right to alter the order of the agenda items and the amount of time allowed for an item based on business needs. 2 of 81

3 Todd County, MN Board Action Form Action Requested Action/Motion Discussion Information Item Report Resolution Other Board Action Tracking Number (Admin use): Title (for publication with the Agenda): Approve June 5, 2012 Meeting Minutes Date of Meeting: 06/19/2012 Total time requested:1 minute Department Requesting Action: Administration Presenting Board Action/Discussion at Meeting: Administration Background Supporting Documentation enclosed June 5, 2012 minutes attached Options Supporting Documentation enclosed Approve, do not approve, table Recommendation The Todd County Board of Commissioners approves the following by Motion: Approve the June 5, 2012 minutes without changes (with the following changes:) Financial Implications: $na Comments Funding Source: Budgeted: Yes No Action Voting in Favor Voting Against Motion: Blessing Blessing Second: Kneisl Kneisl Passed Ruda Ruda Failed Kircher Kircher Tabled Neumann Neumann Signatures STATE OF MINNESOTA} COUNTY OF TODD} I, Nathan W. Burkett, County Administrator, Todd County, Minnesota hereby certify that I have compared the foregoing copy of the proceedings of the County Board of said County with the original record thereof on file in the Administration Office of Todd County in Long Prairie, Minnesota as stated in the minutes of the proceedings of said board and that the same is a true and correct copy of said original record and of the whole thereof, and that said motion was duly passed by said board at said meeting. Witness my hand and seal: Seal Revised 06/10 3 of 81

4 TODD COUNTY BOARD OF COMMISSIONERS Minutes of the Meeting of the Todd County Board of Commissioners held on June 5, 2012 Call to Order The Todd County Board of Commissioners met in the Commissioner s Board Room in the City of Long Prairie, MN on the 5th day of June, 2012 at 9:00 AM. The meeting was called to order by Chairperson Ruda with all members present. The meeting was opened with the Pledge of Allegiance. Approval of Agenda On motion by Blessing and second by Kneisl, the following motion was introduced and adopted by unanimous vote: To approve the agenda with the following changes: 1. Discussion Electrical Outlets at Fairgrounds 2. Discussion Placing County Administrator on Leave of Absence Routine Business On motion by Blessing and second by Kircher, the following motion was introduced and adopted by unanimous vote: To approve the May 15, 2012 Minutes as read. On motion by Kircher and second by Kneisl, the following motion was introduced and adopted by unanimous vote: To approve the May 22, 2012 Special Board Meeting Minutes as read. On motion by Blessing and second by Kneisl, the following motion was introduced and adopted by unanimous vote: To approve the April 20, 2012 minutes with one correction: Change the title of Tim King from Editor of the Browerville Blade to Writer. On motion by Neumann and second by Blessing, the following motion was introduced and adopted by unanimous vote: To approve the Actions of HHS Committee Meeting held May 22, 2012 in accordance with the minutes on file in the Todd County Administration Office On motion by Kneisl and second by Blessing, the following motion was introduced and adopted by unanimous vote: To approve the Commissioner Warrants # #31406 in the amount of $155, for payment on June 8, On motion by Kneisl and second by Blessing, the following motion was introduced and adopted by unanimous vote: To approve the Auditor Warrants # # in the amount of $8,918, for payment in May, On motion by Blessing and second by Kircher, the following resolution was introduced and adopted by unanimous vote: TRANSFER OF FUNDS FROM GENERAL TO CORRECTIONS WHEREAS, The 2012 budget for Todd County s participation in the Todd-Wadena Community Corrections system has been approved at $272,084; and WHEREAS, a letter was received asking for the first half of the appropriation, Page 1 of 6 4 of 81

5 TODD COUNTY BOARD OF COMMISSIONERS NOW, THEREFORE BE IT RESOLVED, that the Todd County Board of Commissioners hereby approve the transfer of the first half of the 2012 budget, $136,042, from the General Fund to Todd- Wadena Community Corrections Fund. Randy Pepin, Todd County Extension Educator, reported on Breakfast On The Farm. It will be held Saturday June 16 th at Dairy Ridge South of Long Prairie this year. Public and the Commissioners were invited to attend. On motion by Kneisl and second by Neumann, the following motion was introduced and adopted by unanimous vote: To approve at no cost to the County, construction of manure storage structures at the Todd County Fairgrounds near the Expo Building and near the horse and small animal barn, pending approval of the permitting process. On motion by Neumann and second by Kircher, the following motion was introduced and adopted by unanimous vote: To approve for the purposes of maintenance and use, control of the structure at the Todd County Fairgrounds formerly owned by the Long Prairie Jaycees and known as the "Entertainment Pavilion". Major renovations must still be approved by the County Board. Discussion was held on the placement of electrical receptacles on a pole to the west of the Expo Building at the Fairgrounds. After discussion, it was determined by consensus to refer the issue to the Expo Building committee for approval. On motion by Blessing and second by Kneisl, the following motion was introduced and adopted by unanimous vote: To approve letter of support to Lakewood Health System for application to USDA direct loan program. On motion by Neumann and second by Blessing, the following resolution was introduced and adopted by unanimous vote: MEMORIAL DAY APPROPRIATION WHEREAS, Todd County has budgeted for 2012 an appropriation to help with expenses for conducting Memorial Day Services. NOW, THEREFORE BE IT RESOLVED, that the Todd County Board of Commissioners hereby approve the 2012 payment of $10 to the Evergreen Cemetery Association of Long Prairie for the care of County lots in said Evergreen Cemetery, and BE IT FURTHER RESOLVED, to approve the payment of $50 to each regular organization of Veterans of Foreign Wars, American Legion Posts and Auxiliaries in Todd County to help with the payment of expenses in connection with the proper observance of Memorial Day Services conducted within Todd County and the amount to be paid by warrant to each organization provided that in cases where any of the above mentioned do not have an organization, the amount will be paid to the organization conducting the Memorial Day Service. Page 2 of 6 5 of 81

6 TODD COUNTY BOARD OF COMMISSIONERS Soil, Water, Conservation and Development On motion by Kircher and second by Kneisl, the following resolution was introduced and adopted by unanimous vote: FINAL PLAT APPROVAL MOLLY MOONS ACER WHEREAS, Owner- Developer Cyle D Gruver & Jan M Waller has applied to subdivide property by Molly Lake, in Section 36, Burnhamville Township, Todd County, and; WHEREAS, Plat name is Molly Moons Acer consisting of Block One, Lot 1, consisting of acres. This property is currently zoned Natural Environment (NE) Lakeshore Residential, and; WHEREAS, Applicants appeared before the Todd County Planning Commission at a public hearing on April 5, 2012 where this preliminary plat known as Molly Moons Acer was recommended for approval with the condition that this wording be added to the Use document This site is located in an agricultural area, and consequently there will be from time to time, sights, sounds and smells associated with the operation of farming. No lot owner shall bring action of Law, against any farming operation because of such farming activities, as long as such farming activity complies with state and federal regulations and Todd County Ordinances. and; WHEREAS, On April 17, 2012 the Todd County Board of Commissioners approved said Preliminary Plat to move forward and be completed; WHEREAS, the Todd County Soil, Water, Conservation & Development Division Office has completed the necessary plat review and find that all items required for final plat approval have been completed. NOW, THEREFORE BE IT RESOLVED, the final plat of Molly Moons Acer be approved as presented. On motion by Neumann and second by Kneisl, the following resolution was introduced and adopted by unanimous vote: FINAL PLAT APPROVAL PRAIRIE LAKES 1 WHEREAS, Owner- Developer David Patterson & Shannon O Toole has applied to subdivide property in Section 32, Long Prairie Township, Todd County, and; WHEREAS, Plat name is Prairie Lakes 1 consisting of Block One, Lot 1. Lot consists of 13 acres with 5.1 acres buildable. This property is currently zoned Commercial; and WHEREAS, Applicants appeared before the Todd County Planning Commission at a public hearing on January 5, 2012 where this preliminary plat known as Prairie Lakes 1 was recommended for approval with the conditions (1) a wetland delineation must be completed and wetlands listed on the final plat; and (2) Owner of the lot work with all agencies that permit the site, including Todd County Public Works department for accesses to the lot and the SWC&D Division for all building and septic permits; WHEREAS, On January 17, 2012 the Todd County Board of Commissioners approved said Preliminary Plat to move forward and be completed; WHEREAS, the Todd County Soil, Water, Conservation & Development Division Office has completed the necessary plat review and find that all items required for final plat approval have been completed. NOW, THEREFORE BE IT RESOLVED, the final plat of Prairie Lakes 1 be approved as presented. Page 3 of 6 6 of 81

7 TODD COUNTY BOARD OF COMMISSIONERS On motion by Blessing and second by Kneisl, the following motion was introduced and adopted by unanimous vote: To amend the approved Preliminary Plat of Ivan Addition dated September 20, 2011 by removing Condition #6. To construct a ten (10) foot high privacy fence along Hwy 210 starting at the south property line and run north 400 feet which will end approximately 100 feet beyond the construction site building. On motion by Kircher and second by Neumann, the following motion was introduced and adopted by unanimous vote: To authorize beginning of recruitment process for 2 GIS Technicians, no hire authorized at this time. Board Action requesting MPCA Waiver of Fine was presented by Neumann. Board action was tabled for more information after discussion and will be brought to the next Regular Board Meeting June 19, Sauk River Watershed District Holly Kovarik, Administrator of the Sauk River Watershed District gave the District s 2011 Annual Report. Park Board On motion by Kircher and second by Neumann, the following resolution was introduced and adopted by unanimous vote: A RESOLUTION SUPPORTING APPLICATIONS FOR IMPROVEMENTS TO BATTLE POINT PARK WHEREAS, The Todd County Parks and Trails Board has requested authorization to complete improvements at Battle Point Park, and; WHEREAS, the Todd County Park Recreation Trails Ordinance Section 1.05(e) states: The alteration of any recreational area subject to Park Recreation-Trails Ordinance will be subject to all other ordinances of Todd County. The County Board must authorize the application for any necessary permits., and; WHEREAS, the Todd County Park Recreation Trails Ordinance Section 1.05(f) states: The Todd County Parks and Trails Board may recommend improvements or alterations to Todd County recreational areas. Including, but not limited to: (i) Removal or planting of vegetation, (ii) Modification of existing facilities and structures, (iii) Building of new structures of any type. NOW, THEREFORE BE IT RESOLVED, that the Todd County Board of Commissioners approves for application to be made to the Todd County SWCDD, the Sauk River Watershed Permit Program, and the Minnesota Department of Natural Resources for the following: 1. Placement of a sand beach blanket approximately 25 feet by 27 feet, to be located at the site currently designated. The ground should not be disturbed more than is necessary to ensure the safety of beach users. 2. Construction and placement of a removable wooden walkway not to exceed 22 by 6 from the pathway to the fishing pier. 3. A 6 foot wide, by 130 foot long walkway with a base of 3 of class five material, and 1 of class two material, from the parking lot to a point parallel and no closer to the water than the current path. Page 4 of 6 7 of 81

8 TODD COUNTY BOARD OF COMMISSIONERS 4. Replacement of a removed portion of an ice ridge, not to exceed an area of approximately 10 by 15 and up to 3.5 in depth. 5. Removal of up to two trees and placement of fill not to exceed an area 25 by 25 and 2 deep, to the south-east of the existing pavilion structure. BE IT FURTHER RESOLVED, work on projects approved for application by this resolution may not be commenced until permits or a statement that a permit is not necessary is received in writing from the MN DNR, Sauk River Watershed District and the County SWCDD Office. Assessor s Office On motion by Kneisl and second by Blessing, the following motion was introduced and adopted by unanimous vote: To approve Felty Beachy abatement for PIN's , (re-instate agricultural homestead classification and re-calculate taxes payable in 2012) and approve Great River Energy abatement for PIN (re-calculate payable 2012 tax based on adjusted market value of $48,100 as noted on the state utility valuation report.) Sheriff s Office A proposal contract was presented from Reliance Telephone, Inc. of Grand Forks, MN in the amount of $16,250 for the purposes of security in the Historic Courthouse, and necessary upgrades in Todd County Dispatch. It was agreed the committee would go do more research and get more bids for the supplies and addition memory needed. County Ag & Ditch Inspector On motion by Blessing and second by Kneisl, the following motion was introduced and adopted by unanimous vote: To acknowledge receipt of HHA petition from Martin & Mary Raddatz to install a private crossing in CD #20, located in Staples Township section 23. Personnel Topics Neumann asked for discussion on the topic of having the County Administrator on administrative leave. No allegations have been brought forward to have the County Administrator on administrative leave. County Attorney Rasmussen was brought in for his opinion. It was decided to wait until the results are back from the internal audit and discussion with the County s Labor Attorney. Administration On motion by Blessing and second by Kircher, the following motion was introduced and adopted by majority vote with Neumann voting against: Approve proposals for the Justice Building maintenance and remodeling from Contegrity and Studio E Architects, utilizing historic courthouse renovation contractors in an amount not to exceed $89, Related to the Justice Building maintenance and remodel Corrections Director Kathy Langer and County Attorney Chuck Rasmussen were asked to evaluate furniture needs and report back to the Board at a later date. The Administrator presented a memo related to the Capital Improvement Plan. Page 5 of 6 8 of 81

9 TODD COUNTY BOARD OF COMMISSIONERS On motion by Blessing and second by Kneisl, the following motion was introduced and adopted by unanimous vote: To approve the closing to the public of the Auditor/Treasurer, Recorder, Assessor, SWCDD and Administration offices on July 2, 2012, for the purposes of moving offices, employees must still report to work. On motion by Kneisl and second by Ruda, the following motion was introduced and adopted by unanimous vote: to amend agenda to the present Prairie Lakes Municipal Solid Waste Authority Agreement. On motion by Kneisl and second by Kircher, the following motion was introduced and adopted by unanimous vote: To approve the Chair to sign the agreement between the City of Perham and the Prairie Lakes Municipal Solid Waste Authority to transfer authority for bond funds to the Authority. Administrator s Report There will be a work session next Tuesday June 12, 2012 at 10:00 am. Some topics will be Eagle Bend Project, Capital Improvement plan and Fiberband and 2013 Budget. Commissioner s Report Ruda announced the District AMC Convention in Moorhead is June 8, Attending will be Commissioner Neumann and Kircher by consensus. It was agreed the Board Meeting on July 3, 2012 board will be at 9:00 am. Ribbon cutting for the Historic Courthouse will be at 10:00 am. Ruda suggested that the County have another clean up day in the near future. Adjourn The meeting was adjourned by action of Chairman Ruda until June 19, 2012 at 9:00 am. AUDITOR WARRANTS American Heritage Bank 2, Central Specialties Inc 134, Collaborative Design Group Inc 2, Computer Professionals 9, Fleet Services 7, Gene-O's Countryside Rest Llc 3, Larson Allen Llp 31, Long Prairie Sanitary Service 2, Mn Dept Of Finance 5, Morrison County 29, Perham Resource Recovery Facility 22, Todd County Dac 3, Todd Trails Association 31, Traffic Marking Service Inc 71, Payments less than , American Heritage Bank 35, Anoka County Medical Examiner 17, Page 6 of 6 9 of 81

10 TODD COUNTY BOARD OF COMMISSIONERS Mathiowetz Construction 551, Minnesota Power 8, Rainbow Rider 4, Stoeckel Jahner Inc 7, Zayo Enterprise Networks 3, Payments less than , Alexandria Electric 25, American Heritage 7, Breth-Zenzen Fire Protection Llc 3, Central Suspensions Inc 11, Contegrity Group Inc 14, Double J Concrete Inc 19, Doug's Excavating Inc 37, Duncan Concrete Inc 25, Full Spectrum Finsihing 17, Grazzini Brothers And Co 40, Gustafson Mechanical Inc 7, Jerome Getz Const Llc 10, Johnson Controls 4, K.Johnson Const. Inc 5, McPhillips Bros Roofing Co 95, Mertens/Barbara J 34, Midstate Title Co 10, Pemberton Sorlie Rufer & Kershner 4, Peters & Churchwell 3, Stoeckel Jahner Inc 4, Wonderlich/Scott A 2, Payments less than , Brown And Krueger 3, City Of Bertha 19, MCIT 2, Payments less than , American Heritage Bank 917, Big Swan Lake Improvement Dist. 8, City Of Bertha 41, City Of Browerville 134, City Of Burtrum 9, City Of Clarissa 91, City Of Eagle Bend 121, City Of Grey Eagle 74, City Of Hewitt 28, City Of Long Prairie 455, Page 7 of 6 10 of 81

11 TODD COUNTY BOARD OF COMMISSIONERS City Of Osakis 87, City Of Staples 389, City Of West Union 7, Region V Develop Commission 11, Sauk River Water Shed District 52, School District , School District , School District ,213, School District , School District , School District 487 4, School District , School District , School District , School District , School District , School District , School District , Town Of Bartlett 46, Town Of Bertha 43, Town Of Birchdale 79, Town Of Bruce 69, Town Of Burleene 39, Town Of Burnhamville 82, Town Of Eagle Valley 56, Town Of Fawn Lake 85, Town Of Germania 31, Town Of Gordon 51, Town Of Grey Eagle 123, Town Of Hartford 80, Town Of Iona 31, Town Of Kandota 46, Town Of Leslie 90, Town Of Little Elk 39, Town Of Little Sauk 72, Town Of Long Prairie 70, Town Of Moran 56, Town Of Reynolds 51, Town Of Round Prairie 100, Town Of Staples 96, Town Of Stowe Prairie 56, Town Of Turtle Creek 41, Page 8 of 6 11 of 81

12 TODD COUNTY BOARD OF COMMISSIONERS Town Of Villard 112, Town Of Ward 52, Town Of West Union 38, Town Of Wykeham 41, Payments less than , Total 8,918, COMMISSIONER WARRANTS All State Communications 3, American Solutions For Business 4, Bargen Inc 3, City Of Eagle Bend 3, City Of Long Prairie 20, City Of Staples 8, Eagle Bend Farm & Lumber Supply Inc 2, Esri 10, Fleet Services Division 4, Long Prairie Oil Company 4, M-R Sign Company Inc 7, Mench/James 2, Morrison Co Dept Of Pub Works 12, Royal Tire 2, Seh Incorporated 4, Staples Ambulance Service 6, Todd County Gis Dept 2, Widseth Smith Nolting Inc 4, Payments less than , Morrison Co Public Health Serv 2, Total 155, Page 9 of 6 12 of 81

13 Todd County, MN Board Action Form Action Requested Action/Motion Discussion Information Item Report Resolution Other Board Action Tracking Number (Admin use): Title (for publication with the Agenda):Commissioner Warrants Date of Meeting:June 19, 2012 Total time requested: Department Requesting Action: Auditor-Treasurer Presenting Board Action/Discussion at Meeting: Nate Background Supporting Documentation enclosed Printout sent to Commissioners Options Supporting Documentation enclosed Recommendation The Todd County Board of Commissioners approves the following by Motion: to approve Commissioner warrant numbers thru in the amount of $108, for payment on June 22, 2012 Financial Implications: $ Comments Funding Source: Budgeted: Yes No Action Voting in Favor Voting Against Motion: Blessing Blessing Second: Kneisl Kneisl Passed Ruda Ruda Failed Kircher Kircher Tabled Neumann Neumann Signatures STATE OF MINNESOTA} COUNTY OF TODD} I, Nathan W. Burkett, County Administrator, Todd County, Minnesota hereby certify that I have compared the foregoing copy of the proceedings of the County Board of said County with the original record thereof on file in the Administration Office of Todd County in Long Prairie, Minnesota as stated in the minutes of the proceedings of said board and that the same is a true and correct copy of said original record and of the whole thereof, and that said motion was duly passed by said board at said meeting. Witness my hand and seal: Seal Revised 06/10 13 of 81

14 Vendor Name Amount CDW GOVERNMENT INC 2, Commissioner Of Transportation 2, Computer Professionals 3, Contech Construction Products 21, Cretex Concrete Products Midwest, Inc 4, DNR FORESTRY 2, Hillyard/Hutchinson 7, Lexicon Global 5, Long Prairie Leader 2, Northern Business Products 2, RossCo Equipment Inc 3, SA Design & Graphix 6, West Central TSA 7, Payments less than , Final Total 108, of 81

15 Todd County, MN Board Action Form Action Requested Action/Motion Discussion Information Item Report Resolution Other Board Action Tracking Number (Admin use): Title (for publication with the Agenda):Requesting MPCA Waiver of Fine Date of Meeting:June 19, 2012 Total time requested: Department Requesting Action: Randy Neumann Presenting Board Action/Discussion at Meeting: Nate Background Supporting Documentation enclosed Requesting MPCA Waiver of Fine Options Supporting Documentation enclosed Recommendation The Todd County Board of Commissioners approves the following by Motion: to approve waiver in the amount of $1, Financial Implications: $ Comments Funding Source: Budgeted: Yes No Action Voting in Favor Voting Against Motion: Blessing Blessing Second: Kneisl Kneisl Passed Ruda Ruda Failed Kircher Kircher Tabled Neumann Neumann Signatures STATE OF MINNESOTA} COUNTY OF TODD} I, Nathan W. Burkett, County Administrator, Todd County, Minnesota hereby certify that I have compared the foregoing copy of the proceedings of the County Board of said County with the original record thereof on file in the Administration Office of Todd County in Long Prairie, Minnesota as stated in the minutes of the proceedings of said board and that the same is a true and correct copy of said original record and of the whole thereof, and that said motion was duly passed by said board at said meeting. Witness my hand and seal: Seal Revised 06/10 15 of 81

16 TODD COUNTY BOARD OF COMMISSIONERS APPOINTMENT OF SAUK RIVER WATERSHED DISTRICT BOARD OF MANAGERS. WHEREAS, the term of Vernon Vangsness expires on June 30, 2012; and WHEREAS, the position has been advertised in the County papers and one letter of interest was received; and WHEREAS, MS 103D.311 Sub.2B requires the appointment be made to fill a vacancy by the Todd County Board of Commissioners at a regular County board meeting. NOW THEREFORE BE IT RESOLVED, that the Todd County Board of Commissioners reappoint s Vernon Vangsmess, for a three year term beginning July 1, 2012 to the Sauk River Watershed District Board of Managers. Page 1 of 1 Board Action Tracking Number: of 81

17 Todd County, MN Board Action Form Action Requested Action/Motion Discussion Information Item Report Resolution Other Board Action Tracking Number (Admin use): Title (for publication with the Agenda): Gambling Permit Big Lake Sportsman Date of Meeting:June 19, 2012 Total time requested: Department Requesting Action: Auditor-Treasurer Presenting Board Action/Discussion at Meeting: Nate Background Supporting Documentation enclosed Application on File in County Auditor's Office Options Supporting Documentation enclosed Recommendation The Todd County Board of Commissioners approves the following by Motion: to approve a one day gambling Permit for the Big Lake Sportsman's Club, to hold a raffle on August 18, 2012 Financial Implications: $ Comments Funding Source: Budgeted: Yes No Action Voting in Favor Voting Against Motion: Blessing Blessing Second: Kneisl Kneisl Passed Ruda Ruda Failed Kircher Kircher Tabled Neumann Neumann Signatures STATE OF MINNESOTA} COUNTY OF TODD} I, Nathan W. Burkett, County Administrator, Todd County, Minnesota hereby certify that I have compared the foregoing copy of the proceedings of the County Board of said County with the original record thereof on file in the Administration Office of Todd County in Long Prairie, Minnesota as stated in the minutes of the proceedings of said board and that the same is a true and correct copy of said original record and of the whole thereof, and that said motion was duly passed by said board at said meeting. Witness my hand and seal: Seal Revised 06/10 17 of 81

18 TODD COUNTY BOARD OF COMMISSIONERS GAMBLING PERMIT FOR BIG LAKE SPORTSMAN S CLUB, INC. TO HOLD A RAFFLE AT THE BIG LAKE SPORTSMAN S CLUBHOUSE WHEREAS, the Todd County Board of Commissioners are establishing their approval for a Gambling Permit for the Big Lake Sportsman s Club, Inc. NOW, THEREFORE BE IT RESOLVED, that the Todd County Board of Commissioners approve a one day, Gambling Permit for the Big Lake Sportsman s Club to hold a raffle at the Club House, located at County 16, Cushing, MN, on Saturday, August 18, Page 1 of 1 Board Action Tracking Number: of 81

19 Todd County, MN Board Action Form Action Requested Action/Motion Discussion Information Item Report Resolution Other Board Action Tracking Number (Admin use): Title (for publication with the Agenda): Date of Meeting:June 19, 2012 Total time requested: Department Requesting Action: Auditor-Treasurer Presenting Board Action/Discussion at Meeting: Nate Background Supporting Documentation enclosed A step in the process of getting land ready for forfeiture is to send it down to the Mn Dept. of Natural Resources. Options Supporting Documentation enclosed Recommendation The Todd County Board of Commissioners approves the following by Motion: to approve the request to send the Forfeited Land list down to the MN Dept. of Natural Resources for approval. Financial Implications: $ Comments Funding Source: Budgeted: Yes No Action Voting in Favor Voting Against Motion: Blessing Blessing Second: Kneisl Kneisl Passed Ruda Ruda Failed Kircher Kircher Tabled Neumann Neumann Signatures STATE OF MINNESOTA} COUNTY OF TODD} I, Nathan W. Burkett, County Administrator, Todd County, Minnesota hereby certify that I have compared the foregoing copy of the proceedings of the County Board of said County with the original record thereof on file in the Administration Office of Todd County in Long Prairie, Minnesota as stated in the minutes of the proceedings of said board and that the same is a true and correct copy of said original record and of the whole thereof, and that said motion was duly passed by said board at said meeting. Witness my hand and seal: Seal Revised 06/10 19 of 81

20 TODD COUNTY BOARD OF COMMISSIONERS A RESOLUTION REQUESTING APPROVAL FROM THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES FOR THE SALE OF TAX FORFEITED LANDS WHEREAS, the County Board of Commissioners of the County of Todd, State of Minnesota, desires to offer for sale certain parcels of land that have forfeited to the State of Minnesota for nonpayment of taxes, and; WHEREAS, said parcels of land have been viewed by the County Board of Commissioners and have been classified as non-conservation lands as provided for in Minnesota Statutes NOW, THEREFORE, BE IT RESOLVED, that the Todd County Board of Commissioners hereby certifies that all parcels of land on the attached list have been viewed and comply with the provisions of Minnesota Statutes , , , Subd. 8, and , and other statutes that require the withholding of tax-forfeited lands from sale. [Unless otherwise stated.] The Todd County Board of Commissioners hereby certifies that the Soil and Water Conservation Board (of the district in which the land is located) has reviewed the attached land sale list and identified any and all nonforested marginal land and wetland. BE IT FURTHER RESOLVED that the Todd County Board of Commissioners hereby requests approval from the Minnesota Department of Natural Resources for the sale of said lands. (Seal) Adopted this 19th day of June Karen Busch, Todd County Auditor/Treasurer Gerald Ruda, Todd County Board Chairperson Todd County Board of Commissioners Yes No Other Mark Blessing Randy Neumann Gerald Ruda Gary Kneisl David Kircher Motion Adopted Seconded Page 1 of 3 Board Action Tracking Number: of 81

21 TODD COUNTY BOARD OF COMMISSIONERS Parcel Legal Description Acres Parts of SE4 of NE4 and NE4 of SE4 of Section 20, Township 131, Range 33, described as 3.85 beginning at the point where the East line intersects the South line of U.S. Highway 71, thence NW along U.S. Highway 71 for 410 feet, thence South 410 feet, thence SE 410 feet to the E line, thence North 410 feet to beginning Lot 112 of Block 7 in Fawn Lake Meadows Lot 78 of Block 12 in Fawn Lake Meadows Lot 11 of Block 4 in Pine Island Heights Lot 55 of Block 6 in Pine Island Heights Lot 56 of Block 6 in Pine Island Heights Lot 57 of Block 6 in Pine Island Heights Lot 5 of Block 11 in Pine Island Heights Lot 52 of Block 8 in Sylva Shores South Lot 6 of Block 10 in Sylvan Shores South Lot 1 of Block 11 in Sylvan Shores South Lot 2 of Block 11 in Sylvan Shores South Lot 9 of Block 9 in Pine Island Heights Lot 12 of Block 9 in Pine Island Heights Lot 38 of Block 10 in Sylvan Shores No Lot 1, except E 35 rods in Bassett's Subdivision of SE4 NE4 of Lots 1 & 2 of Block 4 in Sylvan Shores Villa Lot 19 of Block 6 in Sylvan Shores Villa Lot 5 of Block 3 in Sylvan Shores South Lot 1 of Block 4 in Sylvan Shores South Lot 21 of Block 4 in Sylvan Shores South Lot 8 of Block 3 in Little Pine Shores Lot 18 of Block 6 in Little Pine Shores Lot 21 of Block 6 in Little Pine Shores Lot 9 of Block 2 in Timber Ridge Lot 24 of Block 4 in Prairie River Heights South 100 feet of North 600 feet of the SE4 of SW4 of Sec 20, Twp 131, Rng Part of NW4 NE4 of Sec 2, Twp 131, Rng 35, described as: commencing at the intersection of W 5.28 line of Hwy 71 & N line of Sec 2, W 750 ft to point of beginning, thence S 920 feet, W 250 feet, N 920 feet to N line, E 250 feet to beginning Lots 3 & 4 of Block 2 in Original Townsite of Bertha Lot 7 of Block 1 in Westergren's Addition to Bertha Page 2 of 3 Board Action Tracking Number: of 81

22 TODD COUNTY BOARD OF COMMISSIONERS E 62 feet of W 212 feet of Lot 1 of Block 4 in Lee's Addition to Long Prairie Lots 15 & 16 of Block 6 in Shellabarger's First Addition to Staples Lots 1 to 4 of Block 13 in Drake & Bartraw Addition to Staples Page 3 of 3 Board Action Tracking Number: of 81

23 Todd County, MN Board Action Form Action Requested Action/Motion Discussion Information Item Report Resolution Other Board Action Tracking Number (Admin use): Title (for publication with the Agenda):Contract with Computer Professionals Unlimited Date of Meeting:June 19, 2012 Total time requested: Department Requesting Action: Auditor-Treasurer Presenting Board Action/Discussion at Meeting: Nate Background Supporting Documentation enclosed Todd County Options Supporting Documentation enclosed the County has been in a contract with Computer Professionals Unlimited, Since 1983 for the software and phone support for the Tax Billing, IFS, CAMA, Payroll, P&Z, Human Resources, Capital Assets, Highway Cost Accounting and Treasurers Financial. Recommendation The Todd County Board of Commissioners approves the following by Motion: to approve the signing of a consulting contract with Computer Professionald Unlimited, said contract to expire December 31, Financial Implications: $ Comments Funding Source: Budgeted: Yes No Action Voting in Favor Voting Against Motion: Blessing Blessing Second: Kneisl Kneisl Passed Ruda Ruda Failed Kircher Kircher Tabled Neumann Neumann Signatures STATE OF MINNESOTA} COUNTY OF TODD} I, Nathan W. Burkett, County Administrator, Todd County, Minnesota hereby certify that I have compared the foregoing copy of the proceedings of the County Board of said County with the original record thereof on file in the Administration Office of Todd County in Long Prairie, Minnesota as stated in the minutes of the proceedings of said board and that the same is a true and correct copy of said original record and of the whole thereof, and that said motion was duly passed by said board at said meeting. Witness my hand and seal: Seal Revised 06/10 23 of 81

24 TODD COUNTY BOARD OF COMMISSIONERS CONSULTING SERVICES CONTRACT WHEREAS, Computer Professionals Unlimited, Inc has been providing services to Todd County to obtain computer programming and technical assistance for the maintenance and support of its Real Estate Tax Billing, IFS systems, Payroll and related web modules, Cash Receipts, Highway Costing, Welfare, County Collection system and Capital Assets computer software packages; and WHEREAS, Computer Professionals Unlimited, Inc has demonstrated a professional capacity and expressed a desire to continue providing their services to Todd County. THEREFORE BE IT RESOLVED, The Todd County Board of Commissioners approve the signing of a Consulting Services Contract between Computer Professionals Unlimited and Todd County as per Contract on file in the Auditor s Office, said contract to expire December 31,2018. Page 1 of 1 Board Action Tracking Number: of 81

25 Todd County, MN Board Action Form Action Requested Action/Motion Discussion Information Item Report Resolution Other Board Action Tracking Number (Admin use): Title (for publication with the Agenda):CUP - Jonas Hershberger Date of Meeting:6/19/12 Total time requested:5 min Department Requesting Action: SWC&D Division Presenting Board Action/Discussion at Meeting: Tim Stieber, SWCDD Director Background Supporting Documentation enclosed Conditional Use Permit to (1) Operate a commercial sawmill from the site; and (2) Construct and operate a private school for up to 30 pupils, school site will include accessory structures. Use Permits are required for schools and for commercial buildings. Property zoned AF/Forestry-2 District Zone. Options Supporting Documentation enclosed Recommendation The Todd County Board of Commissioners approves the following by Motion: Granted with conditions: (1) Proper paperwork for building permit and sewer permit be submitted to the Todd County Planning and Zoning department for review prior to permitting the schoolhouse, the septic holding tank, and other school accessory structures that might be constructed. (2) Parking for sawmill and school house should be on private lands off Highway 24. (3) Hours of operation for the saw mill will be 4am to 10pm Monday through Saturday. (4) Prior to school opening a minimum 300 gallon holding tank shall be installed to serve the school house. Financial Implications: $ Comments Funding Source: Budgeted: Yes No Action Voting in Favor Voting Against Motion: Blessing Blessing Second: Kneisl Kneisl Passed Ruda Ruda Failed Kircher Kircher Tabled Neumann Neumann Signatures STATE OF MINNESOTA} COUNTY OF TODD} I, Nathan W. Burkett, County Administrator, Todd County, Minnesota hereby certify that I have compared the foregoing copy of the proceedings of the County Board of said County with the original record thereof on file in the Administration Office of Todd County in Long Prairie, Minnesota as stated in the minutes of the proceedings of said board and that the same is a true and correct copy of said original record and of the whole thereof, and that said motion was duly passed by said board at said meeting. Witness my hand and seal: Seal Revised 06/10 25 of 81

26 CONDITIONAL USE PROCEEDINGS STATE OF MINNESOTA COUNTY OF TODD In The Matter of: Jonas J & Mary J Hershberger Mailing address: County 24 Bertha, MN Property Owners: Same Site Address: County 24. Parcel Numbers: REQUEST: Conditional Use Permit to (1) Operate a commercial sawmill from the site; and (2) To construct and operate a private school for up to 30 pupils, school site will include accessory structures. Use Permits are required for schools and for commercial buildings located in Ag/Forestry-2 District Zone. The above entitled matter was heard before the Todd County Planning Commission on the 7th, day of June 2012, on a petition for Conditional Use pursuant to the Todd County Zoning Ordinance, for the following described property: ( acres) S2 SE4 & S 2 N2 SE4, Section 4, Twp 132, Range 34, Germania Township, Todd County Record this document in: X abstract records torrens records. IT IS ORDERED that the Conditional Use be (granted, denied) #C as upon the following conditions, changes or reasons: Approval of the request with conditions: (1) Proper paperwork for building permit and sewer permit be submitted to the Todd County Planning and Zoning department for review prior to permitting the schoolhouse, the septic holding tank, and other school accessory structures that might be constructed. (2) Parking for sawmill and school house should be on private lands off Highway 24. (3) Hours of operation for the saw mill will be 4am to 10pm Monday through Saturday. (4) Prior to school opening a minimum 300 gallon holding tank shall be installed to serve the school house. 26 of 81

27 Todd County Board of Commissioners Gerald Ruda, Chairman Dated: June 19, 2012 STATE OF MINNESOTA COUNTY OF TODD OFFICE OF SOIL, WATER, CONSERVATION & DEVELOPMENT DIVISION I, Timothy D Stieber SWC&D Division Director for the County of Todd, with and in said County, do hereby certify that I have compared the foregoing copy and order (granted, denying) a Conditional Use with the correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at Long Prairie, Minnesota, in the County of Todd on. DIRECTOR TODD COUNTY SWC&D DIVISION Drafted by: Linda Bleess Planning Commission Secretary This form mailed to Applicant Activities granted by a Conditional Use Permit expire and are considered invalid unless they are substantially completed within thirty-six months of the date the conditional use permit is granted by the Board of Commissioners. Section 530(O) Todd County Ordinance. 27 of 81

28 Todd County, MN Board Action Form Action Requested Action/Motion Discussion Information Item Report Resolution Other Board Action Tracking Number (Admin use): Title (for publication with the Agenda):CUP - Jennie-O Turkey Store Inc Date of Meeting:6/19/12 Total time requested:5 min Department Requesting Action: SWC&D Division Presenting Board Action/Discussion at Meeting: Tim Stieber, SWCDD Director Background Supporting Documentation enclosed To Amend Conditional Use Permit Number C dated September 20, 2011 to develop a wood shaving mill and office with storage yard for logs. To remove condition #1 which states Hours of operation will be 6am to 6pm Monday thru Saturday. Reason for request is to allow additional staffing hours by shift work. The remaining 4 conditions shall continue with the Use permit. Options Supporting Documentation enclosed Recommendation The Todd County Board of Commissioners approves the following by Motion: Granted with condition owners plant a tree shelter belt within one year along Hwy #71 side of property as per Todd County SWCD recommendation to better screen operation from Hwy 71. Financial Implications: $ Comments Funding Source: Budgeted: Yes No Action Voting in Favor Voting Against Motion: Blessing Blessing Second: Kneisl Kneisl Passed Ruda Ruda Failed Kircher Kircher Tabled Neumann Neumann Signatures STATE OF MINNESOTA} COUNTY OF TODD} I, Nathan W. Burkett, County Administrator, Todd County, Minnesota hereby certify that I have compared the foregoing copy of the proceedings of the County Board of said County with the original record thereof on file in the Administration Office of Todd County in Long Prairie, Minnesota as stated in the minutes of the proceedings of said board and that the same is a true and correct copy of said original record and of the whole thereof, and that said motion was duly passed by said board at said meeting. Witness my hand and seal: Seal Revised 06/10 28 of 81

29 CONDITIONAL USE PROCEEDINGS STATE OF MINNESOTA COUNTY OF TODD In The Matter of: Jennie-O Turkey Store Inc Mailing address: US 71 Long Prairie, MN Property Owners: Same Site Address: US 71. Parcel Numbers: REQUEST: To Amend Conditional Use Permit Number C dated September 20, 2011 to develop a wood shaving mill and office with storage yard for logs. To remove condition #1 which states Hours of operation will be 6am to 6pm Monday thru Saturday. Reason for request is to allow additional staffing hours by shift work. The remaining 4 conditions shall continue with the Use permit. The above entitled matter was heard before the Todd County Planning Commission on the 7th, day of June 2012, on a petition for Conditional Use pursuant to the Todd County Zoning Ordinance, for the following described property: (26.75 acres) Prairie Lakes II, Lot 1 Block One, Section 32, Twp 129, Range 33, Long Prairie Township, Todd County Record this document in: X abstract records torrens records. IT IS ORDERED that the Conditional Use be (granted, denied) #C as upon the following conditions, changes or reasons: Granted with condition owners plant a tree shelter belt, within one year, along Hwy #71 side of property as per Todd County SWCD recommendation to better screen operation from Hwy 71. Todd County Board of Commissioners Gerald Ruda, Chairman Dated: June 19, of 81

30 STATE OF MINNESOTA COUNTY OF TODD OFFICE OF SOIL, WATER, CONSERVATION & DEVELOPMENT DIVISION I, Timothy D Stieber SWC&D Division Director for the County of Todd, with and in said County, do hereby certify that I have compared the foregoing copy and order (granted, denying) a Conditional Use with the correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at Long Prairie, Minnesota, in the County of Todd on. DIRECTOR TODD COUNTY SWC&D DIVISION Drafted by: Linda Bleess Planning Commission Secretary This form mailed to Applicant Activities granted by a Conditional Use Permit expire and are considered invalid unless they are substantially completed within thirty-six months of the date the conditional use permit is granted by the Board of Commissioners. Section 530(O) Todd County Ordinance. 30 of 81

31 TODD COUNTY RESOLUTION /05 Requesting MPCA Waiver of Fine WHEREAS, Richard Nelson whose address is County 3 Eagle Bend, MN received a letter from Todd County telling him his septic was noncompliant. He was then turned over to the Minnesota Pollution Control Agency and fined $1,500.00, and WHEREAS, the Todd County Board feels that this is creating a hardship to the Nelson family and that the County is working to resolve the septic issue, and WHEREAS, the Todd County Board of Commissioners is requesting the Commissioner of the Minnesota Pollution Control Agency (MPCA) to waive the Administrative Penalty order on Richard Nelson, and NOW THEREFORE BE IT RESOLVED, that the Todd County Board of Commissioners request the waiver of Administrative Penalty Order to Richard Nelson in the Amount of $1, plus the $ listed as other for a total of $1, Adopted this day of, 2012 Nathan Burkett, Clerk to the Board Gerald Ruda, Chairman, County Board Motion: Second: Adopted: 31 of 81

32 Todd County, MN Board Action Form Action Requested Action/Motion Discussion Information Item Report Resolution Other Board Action Tracking Number (Admin use): Title (for publication with the Agenda):Final Plat approval - Ivan Addition Date of Meeting:6/19/12 Total time requested:5 min Department Requesting Action: SWC&D Division Presenting Board Action/Discussion at Meeting: Tim Stieber - SWC&D Division Director Background Supporting Documentation enclosed To create a one lot subdivision - preliminary approval given and all items completed for final approval Options Supporting Documentation enclosed Recommendation The Todd County Board of Commissioners approves the following by Motion: To approve the final plat of "Ivan Addition" Financial Implications: $ Comments Funding Source: Budgeted: Yes No Action Voting in Favor Voting Against Motion: Blessing Blessing Second: Kneisl Kneisl Passed Ruda Ruda Failed Kircher Kircher Tabled Neumann Neumann Signatures STATE OF MINNESOTA} COUNTY OF TODD} I, Nathan W. Burkett, County Administrator, Todd County, Minnesota hereby certify that I have compared the foregoing copy of the proceedings of the County Board of said County with the original record thereof on file in the Administration Office of Todd County in Long Prairie, Minnesota as stated in the minutes of the proceedings of said board and that the same is a true and correct copy of said original record and of the whole thereof, and that said motion was duly passed by said board at said meeting. Witness my hand and seal: Seal Revised 06/10 32 of 81

33 TODD COUNTY BOARD OF COMMISSIONERS FINAL PLAT APPROVAL IVAN ADDITION WHEREAS, Owner- Developer Larry I Hansen has applied to subdivide property in the E2 NW4, Section 13, Staples Township, Todd County, and; WHEREAS, the plat known as Ivan Addition being located in Residential (R-2) Zone and consisting of Block One, Lot 1 containing 2.24 acres is ready for final approval; and WHEREAS, Applicants appeared before the Todd County Planning Commission at a public hearing on September 8, 2011 where this preliminary plat was recommended for approval with conditions; and WHEREAS, On September 20, 2011 the Todd County Board of Commissioners approved said Preliminary Plat to move forward and be completed with conditions: (1) Prior to County final plat approval, applicant needs to submit a sketch of the 40 acre site identifying all scrap metal, abandoned machines and vehicles and junk that has accumulated over the years. (2) By November 1, 2011 applicant must submit to the Planning & Zoning Office a written plan for timeline to remove items listed in #1. (3) Work with the township on an access permit for the driveway in to and out of the property to be subdivided; (4) Permits for a house, septic and any outbuildings must be obtained by the applicant prior to any construction. (5) To construct a ten (10) foot high privacy fence along 277 th Ave to start at the driveway that goes into the construction building site and run north approximately 300 feet to the wood line; (6) To construct a ten (10) foot high privacy fence along Hwy 210 starting at the south property line and run north 400 feet which will end approximately 100 feet beyond the construction site building.; WHEREAS, on June 5, 2012 the Todd County Board of Commissioners amended the approved preliminary plat dated September 20, 2011 by removing condition #6 To construct a ten (10) foot high privacy fence along Hwy 210 starting at the south property line and run north 400 feet which will end approximately 100 feet beyond the construction site building ; and WHEREAS, the Todd County Soil, Water, Conservation & Development Division Office has completed the necessary plat review and find that all items required for final plat approval have been completed. NOW, THEREFORE BE IT RESOLVED, the final plat of Ivan Addition be approved as presented. Page 1 of 1 Board Action Tracking Number: of 81

34 Todd County, MN Board Action Form Action Requested Action/Motion Discussion Information Item Report Resolution Other Board Action Tracking Number (Admin use): Title (for publication with the Agenda):CUP Review - Catherine Waldoch Date of Meeting:6/19/12 Total time requested:5 min Department Requesting Action: SWC&D Division Presenting Board Action/Discussion at Meeting: Tim Stieber, SWCDD Director Background Supporting Documentation enclosed Review of Conditional Use approved June 21, 2011 to operate a business of selling puppies. To purchase a maximum of 20 puppies at one time from a breeder and sell them from this site. Puppies will be housed in an existing building. Use Permit was required for a retail business in Ag/Forestry zoned district. Options Supporting Documentation enclosed Recommendation The Todd County Board of Commissioners approves the following by Motion: Conditional Use Permit #C be continued without further reviews. Financial Implications: $ Comments Funding Source: Budgeted: Yes No Action Voting in Favor Voting Against Motion: Blessing Blessing Second: Kneisl Kneisl Passed Ruda Ruda Failed Kircher Kircher Tabled Neumann Neumann Signatures STATE OF MINNESOTA} COUNTY OF TODD} I, Nathan W. Burkett, County Administrator, Todd County, Minnesota hereby certify that I have compared the foregoing copy of the proceedings of the County Board of said County with the original record thereof on file in the Administration Office of Todd County in Long Prairie, Minnesota as stated in the minutes of the proceedings of said board and that the same is a true and correct copy of said original record and of the whole thereof, and that said motion was duly passed by said board at said meeting. Witness my hand and seal: Seal Revised 06/10 34 of 81

35 CONDITIONAL USE PROCEEDINGS STATE OF MINNESOTA COUNTY OF TODD In The Matter of: Mailing address: Property Owners: Catherine Waldoch th Ave Cushing, MN Reata & Daniel Waldoch Site Address: th Ave.. Parcel Numbers: REQUEST: Review of Conditional Use approved June 21, 2011 to operate a business of selling puppies. To purchase a maximum of 20 puppies at one time from a breeder and sell them from this site. Puppies will be housed in an existing building. Use Permit was required for a retail business in Ag/Forestry zoned district. The above entitled matter was heard before the Todd County Planning Commission on the 7th, day of June 2012, on a petition for Conditional Use pursuant to the Todd County Zoning Ordinance, for the following described property: (297 acres) NW4 & N2 SW4 & SW4 SW4 & W 660 ft of SE4 SW4 ex comm. At SE cor of SE4 SW4, W 660 ft, N 1090 ft, W 245 ft, S 445 ft, E 212 ft, S 645 ft E 33 ft to beg, Section 36, Twp 131, Range 32, Turtle Creek Township, Todd County Record this document in: X abstract records torrens records. IT IS ORDERED that Conditional Use Permit #C be continued without further reviews. Todd County Board of Commissioners Gerald Ruda, Chairman Dated: June 19, of 81

36 STATE OF MINNESOTA COUNTY OF TODD OFFICE OF SOIL, WATER, CONSERVATION & DEVELOPMENT DIVISION I, Timothy D Stieber SWC&D Division Director for the County of Todd, with and in said County, do hereby certify that I have compared the foregoing copy and order (granted, denying) a Conditional Use with the correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at Long Prairie, Minnesota, in the County of Todd on. DIRECTOR TODD COUNTY SWC&D DIVISION Drafted by: Linda Bleess Planning Commission Secretary This form mailed to Applicant Activities granted by a Conditional Use Permit expire and are considered invalid unless they are substantially completed within thirty-six months of the date the conditional use permit is granted by the Board of Commissioners. Section 530(O) Todd County Ordinance. 36 of 81

37 Todd County, MN Board Action Form Action Requested Action/Motion Discussion Information Item Report Resolution Other Board Action Tracking Number (Admin use): Title (for publication with the Agenda):Final Plat approval - Brick Additon Date of Meeting:6/19/12 Total time requested:5 min Department Requesting Action: SWC&D Division Presenting Board Action/Discussion at Meeting: Tim Stieber - SWC&D Division Director Background Supporting Documentation enclosed To create a one lot subdivision - preliminary approval given and all items completed for final approval Options Supporting Documentation enclosed Recommendation The Todd County Board of Commissioners approves the following by Motion: To approve the final plat of "Ivan Addition" Financial Implications: $ Comments Funding Source: Budgeted: Yes No Action Voting in Favor Voting Against Motion: Blessing Blessing Second: Kneisl Kneisl Passed Ruda Ruda Failed Kircher Kircher Tabled Neumann Neumann Signatures STATE OF MINNESOTA} COUNTY OF TODD} I, Nathan W. Burkett, County Administrator, Todd County, Minnesota hereby certify that I have compared the foregoing copy of the proceedings of the County Board of said County with the original record thereof on file in the Administration Office of Todd County in Long Prairie, Minnesota as stated in the minutes of the proceedings of said board and that the same is a true and correct copy of said original record and of the whole thereof, and that said motion was duly passed by said board at said meeting. Witness my hand and seal: Seal Revised 06/10 37 of 81

38 TODD COUNTY BOARD OF COMMISSIONERS Final Plat Approval Brick Addition WHEREAS, Owner- Developer Mike & Judith Brick has applied to subdivide property by Lady Lake, Section 31, Burnhamville Township, Todd County, and; WHEREAS, Plat name is Brick Addition consisting of Block One, Lot 1, consisting of 3.36 acres. This property is currently zoned Natural Environment (NE) Lakeshore Residential; and WHEREAS, Applicants appeared before the Todd County Planning Commission at a public hearing on July 7, 2011 where this preliminary plat known was recommended for approval with the condition that this wording be added to the Use document This site is located in an agricultural area, and consequently there will be from time to time, sights, sounds and smells associated with the operation of farming. No lot owner shall bring action of Law, against any farming operation because of such farming activities, as long as such farming activity complies with state and federal regulations and Todd County Ordinances. ; and WHEREAS, On July 19, 2011 the Todd County Board of Commissioners approved said Preliminary Plat to move forward and be completed; WHEREAS, the Todd County Soil, Water, Conservation & Development Division Office has completed the necessary plat review and find that all items required for final plat approval have been completed. NOW, THEREFORE BE IT RESOLVED, the final plat of Brick Addition be approved as presented. Page 1 of 1 Board Action Tracking Number: of 81

39 Todd County, MN Board Action Form Action Requested Action/Motion Discussion Information Item Report Resolution Other Board Action Tracking Number (Admin use): Title (for publication with the Agenda):MPCS Waiver of Fine Date of Meeting:June 19, 2012 Total time requested: Department Requesting Action: Randy Neumann Presenting Board Action/Discussion at Meeting: Background Supporting Documentation enclosed MPCA Waiver of Fine Options Supporting Documentation enclosed Recommendation The Todd County Board of Commissioners approves the following by Motion: to approve MPCA Waiver of fine in the amount of $1, Financial Implications: $ Comments Funding Source: Budgeted: Yes No Action Voting in Favor Voting Against Motion: Blessing Blessing Second: Kneisl Kneisl Passed Ruda Ruda Failed Kircher Kircher Tabled Neumann Neumann Signatures STATE OF MINNESOTA} COUNTY OF TODD} I, Nathan W. Burkett, County Administrator, Todd County, Minnesota hereby certify that I have compared the foregoing copy of the proceedings of the County Board of said County with the original record thereof on file in the Administration Office of Todd County in Long Prairie, Minnesota as stated in the minutes of the proceedings of said board and that the same is a true and correct copy of said original record and of the whole thereof, and that said motion was duly passed by said board at said meeting. Witness my hand and seal: Seal Revised 06/10 39 of 81

40 TODD COUNTY BOARD OF COMMISSIONERS REQUESTING MPCA WAIVER OF FINE WHEREAS, Richard Nelson whose address is County 3 Eagle Bend, MN received a letter from Todd County telling him his septic was noncompliant. He was then turned over to the Minnesota Pollution Control Agency and fined $1,500.00, and; WHEREAS, the Todd County Board feels that this is creating a hardship to the Nelson family and that the County is working to resolve the septic issue, and; WHEREAS, the Todd County Board of Commissioners is requesting the Commissioner of the Minnesota Pollution Control Agency (MPCA) to waive the Administrative Penalty order on Richard Nelson, and; NOW THEREFORE BE IT RESOLVED, that the Todd County Board of Commissioners request the waiver of Administrative Penalty Order to Richard Nelson in the Amount of $1, plus the $ listed as other for a total of $1, Page 1 of 1 Board Action Tracking Number: of 81

41 Todd County, MN Board Action Form Action Requested Action/Motion Discussion Information Item Report Resolution Other Board Action Tracking Number (Admin use): Title (for publication with the Agenda): RT Vision Contract Date of Meeting:June 19, 2012 Total time requested:10 min Department Requesting Action: Administration Presenting Board Action/Discussion at Meeting: SWCD Division Director Background Supporting Documentation enclosed Requesting to establish contract with RT Vision of Little Falls, MN to establish a computer program that will establish permits, manage applications, manage historical and new data by land parcel numbers, develop reports, route all work to a secure server, and to train and support SWCDD staff for one year. Additional support costs for the program post year #1 would be close to $2340 per year. Several other MN counties are using RT Vision for this type of work. Company has worked with staff since 2009 to develop a concept for proposed work. Options Supporting Documentation enclosed approve, do not approve, table Recommendation The Todd County Board of Commissioners approves the following by Motion: Approve waiver of 90 day rule to fill two budgeted GIS Technical positions. Financial Implications: $29, Comments Funding Source:Grant $9,000 Compliance Fund $20, Budgeted: Yes No Action Voting in Favor Voting Against Motion: Blessing Blessing Second: Kneisl Kneisl Passed Ruda Ruda Failed Kircher Kircher Tabled Neumann Neumann Signatures STATE OF MINNESOTA} COUNTY OF TODD} I, Nathan W. Burkett, County Administrator, Todd County, Minnesota hereby certify that I have compared the foregoing copy of the proceedings of the County Board of said County with the original record thereof on file in the Administration Office of Todd County in Long Prairie, Minnesota as stated in the minutes of the proceedings of said board and that the same is a true and correct copy of said original record and of the whole thereof, and that said motion was duly passed by said board at said meeting. Witness my hand and seal: Seal Revised 06/10 41 of 81

42 Todd County Planning and Zoning Management System THIS AGREEMENT is made and entered into by and between the County of Todd, a body politic and corporate (County), and RT Vision, Inc. 58 East Broadway, Little Falls, MN (Contractor), RECITALS WHEREAS, the County wishes to purchase the services of Contractor as computer program development, described on Attachment A, and WHEREAS, there are funds available for the purchase of these services; NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the County and the Contractor agree as follows: 1) Term and Cost of Agreement The Contractor agrees to furnish services on behalf of the County during the period commencing August 20 th, 2012 and terminating December 31, The County reserves the right to renew the contract for additional time, if mutually acceptable. The Contractor shall be paid according to Attachment B. 2) Services to be Provided Contractor shall develop or adapt a computer program to develop, organize, and track all planning and zoning permits and applications currently provided through Todd County Planning and Zoning as set out in the attached services schedule(attachment A). 3) Payment for Services Payment for services shall be made directly to the Contractor after completion of services upon the presentation of a claim in the manner provided by law for payment of claims against the County. 4) Independent Contractor Nothing contained in this Agreement is intended or should be construed as creating the relationship of copartners or joint ventures with the County. No tenure or any rights or benefits, including Workers Compensation, Unemployment Insurance, medical care, sick leave, vacation leave, severance pay, PERA, or other benefits available to County employees, shall accrue to the Contractor or employees of the Contractor performing services under this contract. 5) Merger and Modification a) It is understood and agreed that the entire Agreement between the parties is contained here and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this agreement. b) Any material alterations, variations, modifications, or waivers of provisions of this Agreement shall be valid only when they have been reduced to writing as an amendment and signed by the parties. 1 P age 42 of 81

43 6) Default and Cancellation a) If the Contractor fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, this shall constitute default. Unless the Contractor s default is excused, the County may, upon written notice, immediately cancel this Agreement in its entirety. b) This Agreement may be canceled with or without cause by either party upon FIVE days written notice. 7) Ownership of Information Gathered All information gathered will be the sole property of Todd County. 8) Key Personnel The following key personnel have been assigned to this project by vendor: Jared Boldon Chris Dale Kevin Trettel Loren Meyer Jen Thielen Pooja Gautam 9) Subcontracting The Contractor must receive prior County approval, in writing, for any subcontractors. 10) Contract Appendix Additional provisions applicable to this contract are contained in the attached Contract Appendix which is incorporated into and made art of this agreement. 11) Authority Each individual executing this contract on behalf of a corporation or organization represents and warrants that they are duly authorized to execute and deliver this contract on behalf of said corporation or organization and that this contract is a valid and binding obligation of said corporation or organization in accordance with the terms thereof. IN WITNESS OF the agreements and covenants contained in this contract, the Contractor and the COUNTY have hereunto set their hands, each warranting that they are empowered and authorized to execute the same. THE COUNTY OF TODD RT Vision Nathan Burkett, Todd County Administrator DATE: DATE: 2 P age 43 of 81

44 CONTRACT APPENDEX Todd County I NON-DISCRIMINATION During the performance of this Contract, the Contractor shall not unlawfully discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, national origin, disability, sexual orientation, age marital status or public assistance status. The Contractor will take affirmative action to ensure that applicants are employed and the employees are treated during employment without unlawful discrimination. Such action shall include, but not be limited to, the following: employment; upgrading; demotion or transfer; recruitment or advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices which set forth the provisions of this nondiscrimination clause. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, religion, sex, national origin, disability, sexual orientation, marital status, or public assistance status. No funds received under this Contract shall be used to provide religious or sectarian training or services. The Contractor shall comply with any applicable federal or state law regarding non-discrimination. The following list includes, but it not meant to limit, laws which may be applicable: 1) The Equal Employment Opportunity Act of 1972, as amended, U.S.C. 200e, et seq. which prohibits discrimination in employment because of race, color, religion, sex or national origin. 2) Civil Rights Act of 1964, Executive Order 11246, as amended, which is corporate herein by reference, and prohibits discrimination by U.S. Government contractors and subcontractors because of race, color, religion, sex or national origin. 3 P age 3) The Rehabilitation Ace of 1973, as amended, 29 U.S.C. 701, et seq. and 45 C.F.R. 84.d (J) and (K) implementing Sec. 504 of the Act which prohibits discrimination against qualified handicapped persons in the access to, or participation in, federallyfunded services of employment. 4) The Age Discrimination in Employment Act of 1967, as amended and Minn. Stat , which generally prohibit discrimination because of age. 5) The equal Pay Act of 1963, as amended, 29 U.S.C. 206, which provides that an employer may not discriminate on the basis of the sex by paying employees of different exes differently for the same work. 6) Minn. Stat. Ch. 363, as amended, which generally prohibits discrimination because of race, color, creed, religion, national origin, sex, material status, status with regard to public assistance, disability, sexual orientation or age. Contractor shall provide a current certificate of compliance issued by the Commissioner of Human Rights pursuant to Minn. Stat , if applicable. 44 of 81

45 7) Minn. Stat , which prohibits discrimination against any person by reason of race, creed, or color in any state or political subdivision contract for materials, supplies or construction. Violation of this section is a misdemeanor and any second or subsequent violation of these terms may be cause for forfeiture of all sums due under the contract. 8) The Job Training Partnership Act of 1982, as amended, and JTPA regulations which prohibits discrimination under any program funded in whole or in part with JTPA funds because of race, color, religion, sex, national origin, age, handicap or political affiliation or beliefs. Although certain restrictions apply, generally persons cannot be denied participation in a JTPA program simply because of their citizenship. II RECORDS DISCLOSURE/AUDIT/RETENTION Contractor s, bonds, records, documents, papers, accounting procedures and practices, and other evidences relevant to this Contract are subject to the examination, duplication, transcription and audit by the County and either the Legislative or State Auditor, pursuant to Minn. Stat. 16B.06, subd. 4. Such evidences are also subject to review by the Comptroller General of the United States, or a duly authorized representative, if federal funds are used for any work under this Contract. The Contractor agrees to maintain such evidences for a period of five (5) years from the date of services or payment were last provided or made or longer if any audit in progress requires a longer retention period. III WORKER HEALTH, SAFETY AND TRAINING Contractor shall be solely responsible for the health and safety of its employees in connection with the work performed under the Contract. Contractor shall make arrangements to ensure the health and safety of all subcontractors and other persons who may perform work in connection with this Contract. Contractor shall ensure that all personnel of Contractor and subcontractors are properly trained and supervised and, when applicable, duly licensed or certified appropriate to the tasks the personnel are engaged in under this Contract. Contractor shall comply with the Occupational Safety and Health Act and the Employee Right to Know Act Minn. Stat , et seq., where applicable. IV DATA PRIVACY For the purposes of the Contract all data collected, created, received, maintained or disseminated shall be governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13 and the Minnesota Rules implementing the Act now in force or hereafter adopted, as well as federal laws on data privacy. The Contractor will strictly comply with these statues and rules. All subcontracts shall contain the same or similar data practices compliance requirements. V INDEPENDENT CONTRACTOR STATUS It is agreed by and between the parties to this contract that at all times for all purposes hereunder, the Contractor is an independent Contractor and not an employee of the County. No statement contained in this contract shall be construed so as to find the contractor to be an employee of the county, and the contractor shall be entitled to none of the rights, privileges, or benefits of county employees except as otherwise may be stated herein. VI INDEMNIFICATION & LIABILITY 4 P age 45 of 81

46 A) The Contractor shall defend, indemnify and hold harmless the Board, the Department, and the County of Todd, including their officers, commissioners, employees, and agents from all liability, claims, losses, costs, expenses, judgments, or damages, including reasonable attorneys fees, arising out of any negligent or intentional act or omission on the part of Contractor, or any officers, employee, subcontractor, assignee or agent of Contractor. B) It is understood and agreed that the County s liability shall be limited by the provision of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law. VII INSURANCE REQUIREMENTS Contractor further agrees that in order to protect itself as well as the County under the indemnity provisions set forth above, it will at all times during the term of this Contract keep in force the following insurance protection in the limits specified: 1) A single limit or combined limit or excess umbrella general liability insurance policy of an amount of not less than $2,000,000 per claim and $1,000,000 for any number of claims arising out of a single occurrence. Such policy shall include contractual liability coverage protecting the County, the Agency, their commissioners, officers, agents, and employees by specific endorsement or certificate acknowledging the contract between the Contractor and the Agency, naming the County of Todd as an additional insured. 2) A Professional liability insurance policy or a bond covering personnel of the Contractor while performing services under this Agreement naming the County of Todd as an additional insured for the following amounts: $2,000,000 per claim and for any number of claims arising out of a single contract. 3) A single occurrence of combined limit or excess umbrella automobile liability insurance policy if applicable, covering agency-owned, non-owned, and hired vehicles used regularly in the provision of services under this agreement, in the amount of not less than $1,000,000 per accident for property damage, for bodily injury and/or damages to any one person, and for total bodily injuries and/or damages arising from any one occurrence. 4) Any policy obtained and maintained under this clause shall provide that it shall not be canceled, materially changed, or not renewed without thirty (30) days prior written notice thereof of the County. 5) Workers Compensation Insurance as required by Minnesota state law including a certificate of compliance pursuant to Minnesota Statute ) Unemployment Compensation Insurance as required by law. 7) Prior to the effective date of this agreement, Contractor shall furnish the County with certificates of insurance. 8) The County may withhold payments for failure of Contractor to furnish proof of insurance coverage or to comply with insurance requirements as stated above. 5 P age 46 of 81

47 VIII NON-ASSIGNMENT AND SUBCONTRACTING The contractor shall not enter into any subcontract for performance under this contract nor assign any interest in this contract without the prior written approval of Todd County and subject to such conditions and provisions as Todd County may deem necessary. Contractor shall be responsible for the performance of all subcontractors under this contract. IX CONFLICT OF INTEREST Contractor guarantees that no officer, employee, owner, agent, subcontractor, or assignee shall have any interest in and will not acquire any interest, direct or indirect, that would conflict in any manner or degree with performance of this contract. X INCOME TAX WITHHOLDING CERTIFICATE Pursuant to Minn. Stat , final payment under this contract will be withheld until the contractor furnished the County with proof that payments have been made of outstanding withholding taxes, penalties and interests. Proof shall be in the form of a certificate issued by the Commissioner of Revenue. XI DISABILITIES ACT In fulfilling its duties and responsibilities under this contract, Contractor shall comply with in American With Disabilities Act of 1990, Pub. L , 42 U.S.C.A , et seq., and regulations promulgated thereto. 6 P age 47 of 81

48 Attachment A: Services to be Provided By Contractor 1. Secure and incorporate existing Todd County environmental data necessary for the project: Download tax data, tie in links to GIS data layers, set up processes to refresh these periodically. Bring in all Access data base history currently in P&Z data base. 2. Establish a permit and information management system that provides the following capabilities: A. B. C. Provide Dynamic Permit & Bill Creation Software capable of producing, but not limited to: Building Permits (BP) Septic permits (ISTS) Mining and Excavation Permit (M&E) Permit Renewal (PR) Recreational Vehicle Permit (RV) Late Fee Payment (LF) Request For Copies (MISC) Shoreland Application (SAP) ISTS Evaluation Request (SER) Feedlot Permit (FLD) Manage the following Applications For Permit Conditional Use Application (CUP) Variance Application (VAR) Cluster Application (CLUST) Non-conforming Application Major (NCMAJ) Non-conforming Application Minor (NCMIN) Plat Application (PLAT) Planned Unit Development (PUD) Rezoning Application (RZ) Shoreland Access Application (SACCESS) Manage The Following Data Associated with Land Parcels Environmental Assessment Worksheets (EAW) Track field projects funded through SWCD Division 3. Develop reporting capability A. Monthly, annual, and by request for all fields. B. Test report capability with SWCDD staff C. Tie report capabilities to other departments. 4. Establish rack server with 3 hard drives 5. Complete county wide installation and conduct training of staff. 6. Provide one year of product support 7 P age 48 of 81

49 Attachment B: Payment Schedule For Contractor Objective 1. Secure and incorporate existing Todd County environmental data necessary for the project: Payable Amount $ Establish a permit and information management system that $8, provides the following capabilities: 3. Develop reporting capability $ Establish rack server with 3 hard drives $1, Complete county wide installation and conduct training of staff. $ Provide one year of product support $2, Sales Tax $1, Total $29, P age 49 of 81

50 Todd County, MN Board Action Form Action Requested Action/Motion Discussion Information Item Report Resolution Other Board Action Tracking Number (Admin use): Title (for publication with the Agenda):Extension Committee Date of Meeting:June 19, 2012 Total time requested:15 min Department Requesting Action: Extension Presenting Board Action/Discussion at Meeting: Extension Dir Background Supporting Documentation enclosed The Extension Committee has requested time to make a proposal and report to the County Board. Options Supporting Documentation enclosed Recommendation The Todd County Board of Commissioners approves the following by Motion: Financial Implications: $ Funding Source: Budgeted: Yes No Comments Action Voting in Favor Voting Against Motion: Blessing Blessing Second: Kneisl Kneisl Passed Ruda Ruda Failed Kircher Kircher Tabled Neumann Neumann Signatures STATE OF MINNESOTA} COUNTY OF TODD} I, Nathan W. Burkett, County Administrator, Todd County, Minnesota hereby certify that I have compared the foregoing copy of the proceedings of the County Board of said County with the original record thereof on file in the Administration Office of Todd County in Long Prairie, Minnesota as stated in the minutes of the proceedings of said board and that the same is a true and correct copy of said original record and of the whole thereof, and that said motion was duly passed by said board at said meeting. Witness my hand and seal: Seal Revised 06/10 50 of 81

51 Todd County Extension Committee Proposed Change to Position: Todd County Extension Educator Production Systems June 19, 2012 MAKING A DIFFERENCE BY CONNECTING COMMUNITY NEEDS AND UNIVERSITY RESOURCES TO ADDRESS CRITICAL ISSUES IN MINNESOTA Regents of the University of Minnesota. All rights reserved. 51 of 81 1

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