WILLMAR -- The Kandiyohi County Commissioners will close a portion of their meeting today to discuss settlement options in a lawsuit brought against the county by Jay Morrell Building Investments LLC.
The lawsuit was initiated after the commissioners denied the company's request for a conditional use permit in October of 2005 for a private demolition landfill at a site in northern Kandiyohi County.
The company has corporate headquarters in Monticello and operates concrete plants in New London, Alexandria, Morris, Wadena and Hutchinson as well as a roll-off business that collects, transports and disposes of old and new construction materials.
It had requested the permit to operate a Class 1 demolition debris land disposal facility on a 40-acre gravel pit the company owns one mile northwest of Hawick in Roseville Township. The plan includes installation of a polyethylene liner, leachate collection system and monitoring wells. Area residents and the Roseville Township supervisors had objected to the landfill when it was first proposed in 2005. They cited concerns of groundwater contamination to the shallow wells in the area and the proximity of the landfill to a cemetery, recreation trail and Long Lake.
The county planning commission had approved the conditional use permit on Oct. 10, 2005 and recommended approval by the county board. But the commissioners denied the permit on a 4-1 vote a week later.
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The company appealed that decision.
The Minnesota Pollution Control Agency must also approve the company's request for a demolition landfill.
In a letter dated Jan. 3, 2007, the MPCA said the agency would not require the company to complete an environmental review, called an environmental assessment worksheet.
Residents who live near the proposed landfill site had submitted a petition to the MPCA in 2006 asking for the review.
The letter, written by Richard Newquist, from the MPCA's environmental review unit, says the "potential environmental effects that may result from this project are not significant." He said the MPCA has "no justification to order the preparation" of an environmental review of the proposed demolition landfill.
Tuesday will be the first time the commissioners have formally discussed the lawsuit since they held a closed session in February of 2006.
The county board will meet at 9 a.m. as the Family Services Committee, where reports on the Prairie Lakes Youth Program and group residential housing program will be presented.
The regular county board meeting begins at 10 a.m.
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Besides the closed session at 11 a.m., the commissioners will also discuss the 16-bed psychiatric hospital project, the family services director position, U.S. Fish and Wildlife easements and take action on the sale of bonds to refinance the law enforcement center. The Health and Human Services Building is located at 2200 23 St NE in Willmar.
