Local News

Wednesday, October 24, 2007 Todd County Board of Commissioners Status of County Road 55 discussed again by Karin L. Nauber County Administrator Mike Peterson was not at the regular meeting of the board. There was no explanation as to his absence. Attorney Randy Brown was at the meeting to update the board on the status of the ongoing litigation on the Ellsworth Johnson property and County Road 55. A letter was received by Commissioner Randy Neumann dated September 24 from the Commissioner of Transportation Carol Molnau that stated the Minnesota Department of Transportation is "requiring that the county indemnify MnDOT against any and all actions that may arise from the implementation of this proposal (to move a portion of Trunk Highway 27). This position is not negotiable and without indemnification by the county, MnDOT will not take any further action to advance this proposal." The letter further stated that MnDOT is not opposed to the concept of the relocation. Brown said that the motion for summary judgement was not heard by the court of appeals. "We can still ask for declaratory relief," he said. He said there is no provision for a conditional vacation. He said that both cases still exist. "At the last meeting I was at, the board tabled the matter for 30 days. A letter has been since received that says MnDOT will not go further with the relocation without indemnification. My purpose today is at the pressure of my client and his supporters. He won't let his offer of withdrawal of the lawsuits run on forever. We would like a decision made yet this year, preferably next month. At some point I will be under pressure to return to court," said Brown. Chair Mark Blessing said he had the county's attorney in this matter Paul Reuvers and he said that TH27 is not going to get moved because MnDOT will not let go of the county indemnifying them. Planning and Zoning The board reviewed several Conditional Use Permits and approved them all as per the recommendations of the planning commission. These included a review of a CUP for a second home on a 40 for Dennis and Mary Embke, a CUP for Triple R Animal Bedding, a preliminary plat for Dorene Mielke. A CUP for a school for St. Pius X was tabled for more information. The CUP for the bedding manufacturing had quite a bit of discussion with a neighbor Todd Hubbard present to request that the CUP not be granted. Hubbard owns land in the area near the Roger Berkness property where the business will be set up in addition to the already present sawmill operation. He felt that the business did not fit the area which had been rezoned R-10 last year. He said that allowing commercial businesses into the township went against the county's comprehensive plan which says commercial should be located near cities. Hubbard also said it was going against landowner wishes. "There are three huge buildings going up, but no one can tell me what it involves. How can decisions be made on incomplete facts? JOBZ is being contested as illegal and unconstitutional," said Hubbard. Part of this operation had been put into a JOBZ zone earlier and Planning and Zoning Director Andrew Dahlgren had not had that information when they redid the zoning maps last year. Hubbard said this was Jeckel and Hyde zoning. He wondered about the representation he was receiving. "You give me no choice. If I see pollution, I'm calling. I have nothing against the petitioner," he said. Hubbard added that if the board approved the CUP he was going to try to develop his land into commercial property as well. "I will have the same rights to develop my land. I will have the same confidence that the petitioner has that I can develop mine, too," said Hubbard. The Berkness property was put into the JOBZ zone in 2004 and was zoned commercial. The neighboring areas are zoned R-10. Dahlgren said that it was not unusual to have rural areas zoning commercial. He said that Hubbard would have to go through the CUP process to develop his land. Todd County Economic Developer Alex Weego said that there will be three to six jobs at the prevailing wage with health benefits at the operation. Roger Berkness was present and said that they will utilize the slabs sawdust and lower end logs and slabs which would be undesirable for other uses to make the animal bedding. The board also gave final plat approval to "Waters Edge at Mons Lake" and to "Waters Edge at Mons Lake Second Addition." MIS Department Approved the purchase of an I series system which will be a data storer for all major software packages the county uses at a cost of $37,907.97. Solid Waste The board approved the increase in per parcel charges for solid waste from $36 a year to $40. Neumann and Kircher were opposed to the increase. Kircher said it should have been brought to the board in a work session first. Veteran's Services Office A letter commending Veteran's Services officer Peter Berscheit for his continuing education efforts was read into record. Stowe Prairie The board approved the request of Stowe Prairie Township to defer the application for a transmission line in the township to the State of Minnesota to complete. Due to limited resources the township did not feel they should be the permitting authority. This is for the transmission lines necessary for the wind towers. Ditches John Terfehr was at the meeting with Ditch Inspector Tom Anderson. His request to clean a portion of Ditch 12 in section 16 of West Union Township was granted. He and his neighbors will pay for all expenses of the repair, according to Anderson. They are not changing or modifying anything. Terfehr will sign a hold harmless agreement with the county. Villard Township will be assisting a landowner with a 40' x 36" c.m.p. for a crossing on Judicial Ditch 6. The landowner has installed a 12" dual wall plastic tile in the ditch where less than a quarter of a mile in either direction there exist crossings with 36" pipes. Anderson said there are several requests on file relating to Ditch 32. Several are to vacate the ditch. Others have asked to repair significant portions of the ditch. He said he would be working to remove beaver dams that are causing issues on Rice Lake. There was also a request to clean anywhere from 300' to 1000' of the ditch made by Doug Stoerzinger and Danny Seekins. He said it would cost less than $5000 to clean the two sections. The cleaning of these sections will not take care of the ditches other problems. The system is roughly 8000 feet, said Anderson. It was approved to clean the 300' and 1000' areas of this ditch. The board discussed holding a public hearing to hear more about the issues with the ditch. The new ditch inspector may be on board as soon as November 1. Specifications have been prepared for the repair of about 56,520 lineal feet of open ditch on Ditch 25a and b. The board approved sending out packets for contractors. He estimated the cost would be between $1.75 to $2.85 a foot. The culvert on the Glen Middendorf property on Ditch 33 lateral 7 can be lowered a half a foot, according to Anderson. It will also be increased to a 36" culvert. There was no determination as to who will put the culvert in.