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Commissioner Proceedings Adjourned Meeting of the County Board in Kandiyohi County

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(June 24, 2006) 8471

COMMISSIONER PROCEEDINGS

ADJOURNED MEETING OF THE COUNTY BOARD

IN KANDIYOHI COUNTY

Office of the County Auditor/Treasurer of Kandiyohi County, Willmar, Minnesota.

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The Board of Commissioners of Kandiyohi County, Minnesota met at 10:00 A.M., May 16, 2006, pursuant to adjournment. All members were present.

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

A motion by Madsen 2nd Larson to approve the payment of claims being $199,870.01 from Revenue Fund, $15,420.38 from Regional Treatment Center, $80,838.94 from Road and Bridge Fund, $42,100.65 from County Building Fund, $34,665.00 from Ditch Fund, $82,920.23 from Library Fund, $11,588.60 from Health & Human Services Building Fund, $3,544.99 from County Recorder's Equipment Fund, $262.69 from Eagle Lake Sewer Fund, $13,159.31 from GLSSWD Fund, $725.46 from Computer/Communication Maintenance Fund, $427.50 from D.A.R.E. Fund, $50,327.32 from Sanitary Landfill Fund according to the detailed listing of claims as recorded in the office of the County Auditor/Treasurer was on vote unanimously adopted.

Gary Danielson, Public Works Director, appeared regarding the bids for the Kandiyohi County Sanitary Landfill 2006 Landfill Cap & Drain Construction Phase 5 Lined MSW Development LFPH-06 that were opened at the May 2, 2006 board meeting and recommended that the bid be awarded to the lowest bidder, Duininck Bros., Inc. of Prinsburg, MN in the amount of $439,010.10. A motion by Larson 2nd Peterson to award the bid for the Kandiyohi County Sanitary Landfill 2006 Landfill Cap & Drain Construction Phase 5 Lined MSW Development LFPH-06 to the lowest bidder, Duininck Bros., Inc. of Prinsburg, MN in the amount of $439,010.10 was on vote unanimously adopted.

Gary Danielson, Public Works Director, appeared regarding a request from the City of New London. The frontage road that was constructed on U.S. Highway 23 to County Road 40 encumbrances property owned by Kandiyohi County. The City of New London has requested that Kandiyohi County deed this portion of the frontage road to the City of New London in lieu of special assessments. A motion by Peterson 2nd Falk to deed property owned by Kandiyohi County that the frontage road has been constructed on by U.S. Highway 23 to County Road 40 to the City of New London in lieu of special assessments was on vote unanimously adopted.

The board changed the July 4, 2006 board meeting date to July 5, 2006.

Jeff Bredberg. Director of Environmental Services appeared regarding a wetland replacement plan on property owned by Kandiyohi Power Cooperative, located in Touchstone Business Centre along US Highway 23. A motion by Falk 2nd Peterson to approve the wetland replacement plan for Kandiyohi Power Cooperative as presented by Jeff Bredberg with the findings of fact, contingent upon either a performance bond in the amount of $48,429.00 or, if the County Attorney deems it permissible, a letter of irrevocable credit to Kandiyohi County was on vote unanimously adopted.

Gary Danielson, Public Works Director, gave an update on the construction estimate for 2006. Danielson commented on the rising costs of asphalt and what impact that will have on the construction estimates. The Board will wait until the June 6, 2006 bid letting before taking any action.

The Board set a road and bridge meeting for June 8, 2006 at 9:00 A.M. at the Highway Department.

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

KANDIYOHI COUNTY BOARD OF COMMISSIONERS

RESOLUTION FOR HAWK CREEK WATERSHED

INDIVIDUAL SEWAGE TREATMENT SYSTEMS

BE IT RESOLVED by the Kandiyohi County Board of Commissioners that, as Loan Sponsor, the Kandiyohi County Board of Commissioners enters into the attached Minnesota Clean Water Partnership Project Implementation Loan Agreement along with Renville County, as Project Sponsor, and the Minnesota Pollution Control Agency to conduct the implementation of the Hawk Creek Watershed Continuation Clean Water Partnership Project.

BE IT FURTHER RESOLVED by the Kandiyohi County Board of Commissioners that it hereby designates Assistant Zoning Administrator, Eric Van Dyken as Project Representative for the implementation of the Hawk Creek Watershed Continuation Clean Water Partnership Project for Kandiyohi County. The Project Representative shall have the authority to represent the Board in all Project matters which, according to the conditions of the Minnesota Clean Water Partnership Project Implementation Loan Agreement, do not specifically require action by the Board.

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

BE IT FURTHER RESOLVED by the Kandiyohi County Board of Commissioners that the Assistant Zoning Administrator, Eric Van Dyken be authorized to execute the loan disbursement requests for the above referenced project to the Minnesota Pollution Agency on behalf of the Board.

Dated at Willmar, Minnesota this 16th day of May, 2006.

ATTEST: Sam Modderman, County Auditor/Treasurer

BY THE BOARD: Dean Shuck, Chairman

A motion by Madsen 2nd Peterson to approve the final plat of Westrich First Addition with staff recommended changes and approve it for recording was on vote unanimously adopted.

A motion by Peterson 2nd Madsen to approve the Conditional Use Permit for J M B I, applicant proposing operating hours for existing wash plant to be 24 hours a day, Monday - Saturday, March 1 thru November 30 in an A-2 General Agricultural District on property in Section 28 of Roseville Township, subject to the condition that strobe lights must be used as the back-up indicator on all equipment at times when it is legal by MSHA standards and with the findings of the Planning Commission was on vote unanimously adopted.

A motion by Larson 2nd Madsen to approve the Conditional Use Permit for Melvin and Michael Bulthuis, applicants requesting a total confinement hog grow/finish and nursery facility in an A-1 Agricultural Preservation District on property in Section 24 of Holland Township with the findings of the Planning Commission and subject to the following conditions:

1. All applications of liquid manure shall be incorporated into the soil immediately, acceptable methods of immediate application and incorporation are:

a. Injected into soil at the time of application

b. Applied and incorporated into the soil in a one pass operation with

no more than 30 seconds between application and incorporation.

2. Dead animals to be disposed of by rendering, composting, or other methods as approved by the Minnesota Board of Animal Health, and be kept out of sight.

3. Good neighbor policy be in effect; that being, prior to agitation and spreading, neighbors within 1/2 mile from the property line of the description given on the conditional use application and 1/2 mile from the property line of the spreading sites be notified to determine if they have any special events planned which may be affected by the spreading. If possible, another location or time would be chosen. Neighbors are encouraged to contact the applicant with any scheduled events in advance so as to help them plan manure application.

was on vote unanimously adopted.

A motion by Madsen 2nd Peterson to approve the Conditional Use Permit for Kandiyohi Power Cooperative, applicant requests to construct facilities to conduct daily business and operations for electric power cooperative in a CI Commercial/Industrial District on property in Section 17 of Green Lake Township, with the findings of the Planning Commission and subject to the following conditions:

1. A plan for treatment and/or disposal for all non-sewage wastewater shall be submitted to the Zoning Administrator for review and approval. Such wastewater shall include sources such as floor drains in the shop and wash bay areas. The Zoning Administrator shall have the authority to approve the plan as submitted or require changes, and shall supply notice of final approval by written letter.

was on vote unanimously adopted.

A motion by Falk 2nd Madsen to approve the Conditional Use Permit for Prentice Trucking & Excavating - Vreeman Construction, applicant proposing mining of granular materials, bituminous hot mix plant, and recycling concrete and bituminous products, in an A-2 General Agricultural district on property in Section 36 of Lake Andrew Township, with the findings of the Planning Commission and subject to the following conditions:

1. A 100-foot setback must be maintained from the wetland on the property.

2. No runoff shall be allowed into the wetland.

3. The natural berm shall be filled in to be made consistent in height across the property adjacent to the wetland.

4. Trees shall be planted on the berm within the first year of operation.

5. Hours of operation shall be limited to 6:00 a.m. through 8:00 p.m. Hours for crushing in the months of June, July and August will be restricted to 8:00 A.M. - 6:00 P.M. with the Zoning Administrator reviewing the hours in one year.

6. 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.

7. The applicant shall observe all setback regulations as contained in Chapter 32, section 32-5-6 of the Kandiyohi County Zoning Regulations.

8. This Conditional Use Permit shall be valid for 10 years from the date of issuance.

9. 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.

10. 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 it can reasonably be read without trespassing on the property. The sign shall not exceed thirty two (32) square feet in surface area.

11. This conditional use permit shall only authorize the extraction, processing, and storage of sand, gravel, & rock, hot mix plant and the storage and processing of recycled concrete and asphalt.

12. 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 applicant's expense, to the satisfaction of the County Engineer.

13. 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 Peterson 2nd Madsen to approve the Conditional Use Permit for Prentice Trucking & Excavating - Vreeman Construction, applicant proposing mining of granular materials, bituminous hot mix plant, and recycling concrete and bituminous products in an A-2 General Agricultural District on property located in Section 25 of Lake Andrew Township with the findings of the Planning Commission and subject to the following conditions:

1. Hours of operation shall be limited to 6:00 A.M. through 8:00 P.M.

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 32-5-6 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 it can reasonably 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 only authorize the extraction, processing, and storage of sand, gravel, & rock, hot mix plant and the storage and processing of recycled concrete and asphalt.

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 applicant's expense, to the satisfaction of the County Engineer.

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

10. The trees present adjacent to US Highway 71 shall remain as a screen.

11. All MNDOT requirements shall be met.

was on vote unanimously adopted.

Boyd Beccue, County Attorney, appeared regarding the Supreme Court decision on the Duininck gravel pits. Beccue said that he will be setting up a meeting between himself, Jay Squires, Gary Geer and Jeff Bredberg to discuss the matter and he will come back with recommendations at the next meeting.

On motion the meeting was adjourned until 9:00 A.M., May 20, 2006.

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