TIGER FY 2015 Discretionary Grant Application Willmar Rail Connector & Industrial Access. Attachment 3: Financial Commitments

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1 TIGER FY 2015 Discretionary Grant Application Willmar Rail Connector & Industrial Access Attachment 3: Financial Commitments

2 RA/LWAY Carl R.lce President and Chief Executive Officer BNSF Railway Company P.O. Box Fort Worth. TX Lou Menk Drive Fort Worth. TX (81 7) (817) fax June 2, 2015 The Honorable Anthony Foxx Secretary, U.S. Department of Transportation 1200 New Jersey Avenue SE Washington, DC Dear Secretary Foxx: BNSF Railway strongly supports the efforts of local and state leaders to secure $15 million in TIGER funding for the Willmar Rail Connection & Industrial Spur. Originally spearheaded locally, this $46 million project now represents a five-party collaboration of the City of Willmar, Kandiyohi County, their Economic Development Commission, Minnesota Department of Transportation, and BNSF. For its part, BNSF pledges $16 million in matching funds. This project significantly benefits local, regional, and national stakeholder groups: Community livability improvements from reduced train movements and crossing blockages in Willmar, enabling greater westward expansion of the City Reduced air quality impacts from emissions at grade crossings Economic growth and family-wage job creation for this rural Minnesota city by creating opportunities for rail-served industrial development at a former airport site Improved rail system efficiency, flexibility, velocity, and capacity for the northern plains, particularly benefitting agricultural and industrial customers across the BNSF system FRA provided guidance that this project is likely to receive a NEPA Categorical Exclusion, and the project partners are confident there are no significant environmental, property, or design risks to obligation of TIGER funds or construction. A project MOU is executed, engineering design is nearly complete, and productive discussions with impacted landowners are underway. These community-oriented rail public private partnerships, such as TIGER's recently completed Tower 55 Improvements, are not only economical and dependable. They deliver a unique combination of livability improvements for often-disadvantaged neighboring communities, economic growth opportunities for the local area, and transportation system benefits across a multi-state region. BNSF is committed to this approach, and appreciates your thorough consideration of this important project. Carl R. Ice President and CEO

3 Minnesota Department of Transportation 395 John Ireland Boulevard Saint Paul, MN June 1, 2015 The Honorable Anthony Foxx Secretary, United States Department of Transportation 1200 New Jersey Avenue S.E. Washington D.C RE: TIGER Willmar Rail Connection and Industrial Access Project Dear Secretary Foxx, The Minnesota Department of Transportation wishes to express its full support for the Willmar Rail Connection and Industrial Access Project. This project represents precisely the type of multi-modal transportation infrastructure improvement that is reflected in MnDOT's Mission Statement: Plan, build, operate and maintain a safe, accessible, efficient and reliable multimodal transportation system that connects people to destinations and markets throughout the state, regionally and around the world. As the application and other letters of support demonstrate in great detail, the project will enhance the safety, accessibility, efficiency, and reliability of the transportation system in Minnesota and throughout the region. In short, the project alleviates a significant bottleneck in the regional rail network, expands economic prospects in an area of our state that is ripe for new business expansion, and increases capacity and operational flexibility in the Burlington Northern Santa Fe rail network. MnDOT will provide $15 million in State funds towards a successful TIGER Grant. The objectives of the project are also very well aligned with the unique objectives ofthe TIGER Discretionary Grant Program. In particular, the project is innovative. It is a multimodal, multijurisdictional project that does not fit neatly into any "traditional" state or federal transportation funding program. The project leverages resources from its private sector beneficiaries. BNSF is providing over one-third of the total project costs. The project is borne of a true partnership between five distinct organizations representing both the public and private sector. Our efforts have clearly demonstrated strong and productive collaboration as evidenced by the project' s robust planning history and the resulting integration of the transportation system with other local and regional public service goals. Finally, the project is a rural investment, supporting livability and sustainability in rural Minnesota. MnDOT applies a rigorous return-oninvestment analysis to all major projects and our projections estimate that this project will return three times its investment in benefits to this rural community and region. An Equal Opportunity Employer 0 0

4 Thanks once again for your consideration of the Willmar Rail Connector and Industrial Access Project for the 2015 TIGER Discretionary Grant Program. IfMnDOT can be of any further assistance, please do not hesitate to contact us. Sincerely, Charles A. Zelle Commissioner Minnesota Department of Transportation

5 ADJOURNED MEETING OF THE COUNTY BOARD Office of the County Auditor/Treasurer of Kandiyohi County, Willmar, Minnesota. The Board of Commissioners of Kandiyohi County met at 10:00 A.M., April 15, 2014, pursuant to adjournment. All members were present except Commissioner Shuck. A motion by Madsen 2 nd Reese to approve the minutes from the April 1, 2014 board meeting was on vote unanimously adopted. A motion by Imdieke 2 nd Reese to approve the payment of claims being $453, from Revenue Fund, $10, from Regional Treatment Center, $174, from Road and Bridge Fund, $11, from County Building Fund, $ from Ditch Fund, $5, from Library Fund, $21, from Health & Human Services Building Fund, $31, from Water & Sewer Fund, $1, from Water & Sewer Bond Fund, $ from Computer/Communication Maintenance Fund, $42, from Sanitary Landfill Fund, $18, from SCORE Fund, according to the detailed listing of claims as recorded in the Office of the County Auditor/Treasurer was on vote unanimously adopted. Greg Ackerson, from Apex Efficiency Solutions, gave the Board an update and proposal on the Leachate treatment at the Sanitary Landfill. A motion by Imdieke 2 nd Madsen to approve signing the directed engineering study between Kandiyohi County and Apex Efficiency Solutions was on vote unanimously adopted. Lynn Travaglio, Human Resource Director, appeared informing the Board that Chief Deputy Sheriff Randy Kveene will be retiring on May 31, Travaglio also read a letter from Sheriff Dan Hartog, recommending that the Board appoint Greg Stehn to replace Randy Kveene as Chief Deputy Sheriff. A motion by Reese 2 nd Imdieke to appoint Greg Stehn as Kandiyohi County Chief Deputy Sheriff as of June 1, 2014 was on vote unanimously adopted. Lynn Travaglio, Human Resource Director, appeared regarding language changes on the personnel policy sick leave. Travaglio requested that the language be changed on how we administer policy and keeping up with State Statutes. A motion by Madsen 2 nd Reese to change the language on the personnel policy sick leave as presented was on vote unanimously adopted. Charlene Brooks from the Crow River Organization of Water (CROW) appeared and gave a brief synopsis of the current watersheds and said that the State is looking at implementing a 1 watershed/1 plan. Brooks asked if the Board would sign a letter of support that could be sent with their application to the MN Board of Water and Soil Resources to be in the pilot project. A motion by Imdieke 2 nd Madsen to approve signing the letter of support for the Crow River Organization

6 of Water (CROW) to be sent in with their application to the MN Board of Water and Soil Resources to be in the pilot project was on vote unanimously adopted. Bruce Peterson, City Planner for the City of Willmar, appeared regarding the expansion of Jennie-O and the proposed tax increment financing (TIF) project. Peterson said that a public hearing on this TIF proposal will be on May 5, A motion by Madsen 2 nd Reese to support the TIF project for the Jennie-O expansion was on vote unanimously adopted. A motion by Imdieke 2 nd Reese to approve the Conditional Use Permit for B & S Excavating, Inc.; applicant requesting mining and excavation of granular materials, including crushing and screening in an A-2 General Agricultural District on their property in Section 17 of Roseville Township, with the findings of the Planning Commission and the following conditions: 1. Hours of operation shall be limited to 6:00 A.M. through 8:00 P.M., Monday - Saturday. 2. The applicant shall provide a bond or irrevocable letter of credit to Kandiyohi County in the amount of one thousand dollars ($1,000) per acre to assure proper reclamation of the site after completion of the project. 3. The applicant shall observe all setback regulations as contained in Chapter 32, Section of the Kandiyohi County Zoning Regulations. 4. This Conditional Use Permit shall be valid for 10 years from the date of issuance. 5. Kandiyohi County Environmental Services staff shall be granted access upon reasonable notification for reasons of determining compliance with all conditions of this permit and Zoning Ordinance Performance Standards. 6. Prior to commencement of mining activities, a sign shall be posted at the entrance to the site that clearly states the date of the permit issuance, hours of operation, duration of the permit, the operator s phone number, and the Zoning Office phone number. The sign and lettering shall be of sufficient size and shall be located such that is can reasonable be read without trespassing on the property. The sign shall not exceed thirty two (32) square feet in surface area. 7. This Conditional Use Permit shall authorize the extraction, processing, and storage of sand, gravel & rock, and the storage and processing of recycled concrete and asphalt, and an asphalt mixing plant. 8. The owner and/or operator shall be responsible for maintenance and restoration of all County and Township roads used as haul roads for the operation. In the event that haul roads are damaged or suffer more than ordinary wear or deterioration due to the applicant s use, the applicant, upon written notification by the Zoning Administrator, shall immediately suspend operations under the CUP until all required maintenance is completed, at the applicants expense, to the satisfaction of the County Engineer.

7 9. The operator shall be responsible to maintain dust control measures on site and on haul roads at levels adequate to insure normal rural dust conditions are not exceeded. Such dust control may include required application of chloride treatment at the discretion of the Zoning Administrator. was on vote unanimously adopted. A motion by Reese 2 nd Imdieke to approve the Conditional Use Permit for Gary Monson Excavating, LLC,; applicant requesting mining and excavation of granular materials, including crushing and screening in an A-2 General Agricultural District on his property in Section 26 of Colfax Township, with the findings of the Planning Commission and the following conditions: 1. Hours of operation shall be limited to 6:00 A.M. through 8:00 P.M., Monday - Saturday. 2. The applicant shall provide a bond or irrevocable letter of credit to Kandiyohi County in the amount of one thousand dollars ($1,000) per acre to assure proper reclamation of the site after completion of the project. 3. The applicant shall observe all setback regulations as contained in Chapter 32, Section of the Kandiyohi County Zoning Regulations. 4. This Conditional Use Permit shall be valid for 10 years from the date of issuance. 5. Kandiyohi County Environmental Services staff shall be granted access upon reasonable notification for reasons of determining compliance with all conditions of this permit and Zoning Ordinance Performance Standards. 6. Prior to commencement of mining activities, a sign shall be posted at the entrance to the site that clearly states the date of the permit issuance, hours of operation, duration of the permit, the operator s phone number, and the Zoning Office phone number. The sign and lettering shall be of sufficient size and shall be located such that is can reasonable be read without trespassing on the property. The sign shall not exceed thirty two (32) square feet in surface area. 7. This Conditional Use Permit shall authorize the extraction, processing, and storage of sand, gravel & rock, and the storage and processing of recycled concrete and asphalt, and an asphalt mixing plant. 8. The owner and/or operator shall be responsible for maintenance and restoration of all County and Township roads used as haul roads for the operation. In the event that haul roads are damaged or suffer more than ordinary wear or deterioration due to the applicant s use, the applicant, upon written notification by the Zoning Administrator, shall immediately suspend operations under the CUP until all required maintenance is completed, at the applicants expense, to the satisfaction of the County Engineer.

8 9. The operator shall be responsible to maintain dust control measures on site and on haul roads at levels adequate to insure normal rural dust conditions are not exceeded. Such dust control may include required application of chloride treatment at the discretion of the Zoning Administrator. was on vote unanimously adopted. A motion by Madsen 2 nd Imdieke to approve the Conditional Use Permit for Haug Properties, LLC,; applicant requesting a farm equipment dealership and sales lot in a CI Commercial/Industrial District on their property in Section 7 of Kandiyohi Township, with the findings of the Planning Commission and the following conditions: 1. Proposed signage shall meet Zoning Ordinance standards and shall be reviewed and approved by the Zoning Administrator prior to installation. 2. No storage of items within road right of way. 3. No storage of any items that are in a state of disrepair, i.e. not useable. was on vote unanimously adopted. A motion by Reese 2 nd Madsen to approve the Conditional Use Permit for Bryce Holmgren; applicant requesting to host outdoor events, including weddings, wedding receptions, and other catered gatherings in an RM Shoreland Resource Management District on their property in Section 20 of Dovre Township, with the findings of the Planning Commission and the following conditions: 1. All meals will be catered in. 2. No overnight guests. 3. No alcohol allowed to be served. 4. All parking will be provided for onsite. 5. Reception/dance activities will conclude by 12:00 midnight. was on vote unanimously adopted. A motion by Reese 2 nd Imdieke to approve the Amendments to Zoning Ordinance Number 9A, with the findings of the Planning Commission was on vote unanimously adopted. Larry Kleindl, County Administrator, appeared regarding the drafting of a Resolution establishing an AIS Planning Committee/Operations. Kleindl said that the committee would be conducted like the Water Planning Task Force Committee, the Board would select the Board members from recommendation letters, and the Board would have final approval on payment of applications based upon recommendations from the AIS Planning Committee/Operations. A

9 motion by Imdieke 2 nd Reese to approve drafting a Resolution to form an AIS Planning Committee/Operations as presented was on vote unanimously adopted. A motion by Reese 2 nd Imdieke to approve the following Resolution was on vote unanimously adopted. Kandiyohi County Board of Commissioner s Resolution 30 mph Speed Zone Established East Eagle Lake Road WHEREAS, the Kandiyohi County Road known as East Eagle Lake Road no longer functions as County State Aid Highway 9; and WHEREAS, said road will revert to Green Lake and Dovre Townships, once appropriate improvements are made and appropriate jurisdictional transfer hearings are held; and WHEREAS, portions of said road reverting to Green Lake Township meet Minnesota Statutes (M.S.) ; Subd. 90 definition of an Urban District ; and WHEREAS, said Green Lake Township has stated their intent to establish a 30 mph speed limit in said Urban District, upon said reversion; and WHEREAS, Kandiyohi County finds that said area is an Urban District as defined by M.S ; Subd. 90 and further finds a reduction in the posted speed of 45 miles per hour (MPH) is warranted. THEREFORE, BE IT RESOLVED, that the Kandiyohi County Board of Commissioners hereby declare East Eagle Lake Road from the DNR Public Access at Eagle Lake to its North Junction with County State Aid Highway 9 an Urban District; and THEREFORE, BE IT FURTHER RESOLVED, the speed limit in said Urban District shall be 30 MPH. AND HEREBY ORDERS said area be signed and posted for a 30 MPH maximum speed. Dated at Willmar, Minnesota this 15 th day of April, ATTEST: Mark Thompson County Auditor/Treasurer BY THE BOARD: Jim Butterfield Chairman

10 Gary Danielson, Public Works Director, discussed with the Board the DNR trail connection program funding program. Michael Couse, District Manager of AECOM, appeared regarding the BNSF Willmar Connection. Couse discussed with the Board the potential contribution from Kandiyohi County for the BNSF Willmar Connection project and discussed two options with the Board. A motion by Madsen 2 nd Reese to support option 1 in the amount of $459, was on vote unanimously adopted. Larry Kleindl, County Administrator, discussed with the Board the possible refinancing of the Law Enforcement Facility bonds. A motion by Madsen 2 nd Butterfield to proceed with Ehlers and Associates to call for the refinancing of the Law Enforcement Facility bonds at the May 6, 2014 board meeting was on vote unanimously adopted. A motion by Reese 2nd Imdieke to approve the following Resolution was on vote unanimously adopted. RESOLUTION RESOLVED, that the Kandiyohi County Board of Commissioners agreed to approve the gambling permit application of the Prairie Pothole Chapter/Minnesota Waterfowl Association - Willmar, for operation at the Roger and Kay Strand Farm located in New London Township. Dated at Willmar, Minnesota this 15 th day of April, ATTEST: Mark Thompson County Auditor/Treasurer BY THE BOARD: Jim Butterfield Chairman On motion the meeting was adjourned until 8:30 A.M., April 28, ATTEST: BY THE BOARD: Mark Thompson County Auditor/Treasurer Jim Butterfield Chairman

11 WILLMAR ~ MEMORANDUM City Office Building Box 755 Willmar, Minnesota FAX: TO: Memorandum of Understanding Attachment FROM: City of Willmar R:f. DATE: April17, 2014 RE: City of Willmar Preliminary Commitment By action of the Willmar City Council on April 7, 2014, the City approved signing on as a co-applicant for the TIGER grant. Further, the Council approved the grant Memorandum of Understanding and gave preliminary approval to providing 28 acres of right-of-way for the project valued at $12,000/acre or $336,000. Willmar txox All-America CiiY,, UP 2005

12 To: Memorandum of Understanding Attachment From: Kandiyohi County and City of Willmar Economic Developljnt Commission Steve Renquist, Executive Director Date: April 25, 2014 ~ Q - ;l ~ RE: Economic Development Commission Preliminary Commitment The Kandiyohi County and City of Willmar Economic Development Commission, at the April 24th regularly scheduled meeting, approved participating as a co-applicant for the TIGER grant. The Board approved the Memorandum of Understanding and gave: preijr.pin<m/ approval to providing $35,000 cash for the project. Economic Development Commission staff was, additionally, directed to assist the project where, and as, needed.