Pursuant to motion of adjournment, the Polk County Board of Commissioners met in regular session at 8:30 o’clock a.m., January 25, 2011 in the Commissioner’s Room, Polk County Government Center, Crookston, MN. Members present: Commissioner Don Diedrich, Commissioner Craig Buness, Commissioner Warren Strandell, Commissioner William Montague and John P. Schmalenberg, County Administrator/Clerk of the Board. Others Present: Gerald J. Amiot, County Auditor-Treasurer, Tangee Bouvette, Deputy Clerk of the Board.

A motion was made by Commissioner Diedrich seconded by Commissioner Buness and adopted by unanimous vote of the board to approve the agenda and consent agenda for January 25, 2011:

1.  Approve board minutes dated January 4, and January 18, 2011.

2.  Approve payment to Isanti County Auditor-Treasurer, Cambridge, MN in the amount of $100.00 for a registration fee for Michelle Snyder and a $100 registration fee for Rebecca Halvorson to attend the Introduction to Property Tax Administration Course.

3.  Approve payment to the Minnesota Association of Townships, St. Michael, MN in the amount of $15.00 each for a one year subscription for the Auditor-Treasurer, County Administrator and the County Assessor.

4.  Approve payment to CardMember Services, St. Louis, MO in the amount of $2,905.84 for credit card purchases.

5.  Approve payment to Gerald Amiot, Auditor-Treasurer in the amount of $327.66 for conference expenses.

6.  Approve payment to Cole Papers, Inc., Fargo, ND in the amounts of: $73.98.

7.  Approve payment to the Minnesota Pollution Control Agency for two employees to attend the Landfill Recertification Training session in the amount of $340.00.

Josh Johnston, County Planning and Zoning Administrator, came before the Board to discuss matters pertaining to his department.

The following resolution (2011-1-5) was offered by Commissioner Buness:

WHEREAS, Polk County Zoning Ordinance, Section 18.2225 (F) requires a Conditional Use Permit for the building of a single story accessory structure over 800 sq. ft. on a riparian parcel on a lot in the Shoreland District and;

WHEREAS, David Kvidt owns land described as Lot Five (5), Block Two (2), Sunset Shores, a portion of Lots 2, 3 and 4, of Sec. 35, Twp 148 N., Rg 43 W (Polk County, MN), parcel #74-914 and;

WHEREAS, David Kvidt’s plan meets all requirements of the Polk County Zoning Ordinances; and

WHEREAS, The Polk County Board of Commissioners finds:

1.  Mr. Kvidt owns a riparian lot on Union Lake.

2.  The lot is approximately 1.0 acres.

3.  The 30 x 28 (840 sq. ft.) two story accessory structure has already been constructed.

4.  The accessory structure is located approximately 190 feet from the OHW.

5.  The applicant has a garage on the ground level and a living room in the upstairs.

6.  The structure is 25’ tall.

7.  Staff feels that the site already contains adequate screening between the structure and the lake.

8.  The Polk County Board of Adjustment granted a variance to allow the building to remain at a height of 25 feet with two stories.

9. The proposed use is a conditional use expressly designated in the ordinance; and,

10. That the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish or impair property values within the immediate vicinity.

11. That the establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area.

12. That adequate utilities, access roads, drainage and other necessary facilities have been or are being provided.

13. That adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use.

14. That adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, so that none of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result.

NOW THEREFORE BE IT RESOLVED, That the Polk County Board of Commissioners grants a conditional use permit to David Kvidt with the following conditions:

1. That the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish or impair property values within the immediate vicinity.

2. That the establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area.

3. That adequate utilities, access roads, drainage and other necessary facilities have been or are being provided.

4. That adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use.

5. That adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, so that none of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result.

6. That the use of the property shall at all times be in compliance with all federal, State of Minnesota, and County of Polk rules and regulations.

7. That all Federal, State and local regulations are followed regarding the handling and storage of hazardous materials.

8. Applicant maintains the current amount of vegetative screening

(trees) that are located between the water and the structure.

9.  No guest house uses – applicant shall have furnished evidence of having recorded the signed guest house waiver with the property deed.

Commissioner Diedrich seconded the foregoing resolution and it was declared adopted upon the following vote: YEAS: Buness, Strandell, Diedrich. NAYS: None

A motion was made by Commissioner Strandell, seconded by Commissioner Diedrich and adopted by unanimous vote of the Board to approve re-appointment of Dolores Myerchin, Earl Beiswenger, Rolland Gagner, and Dennis Yell to the Planning Commission as well as the re-appointment of Earl Beiswenger to the Board of Adjustments.

Jon Steiner, Environmental Service Officer, came before the Board to discuss matters pertaining to his department. A motion was made by Commissioner Strandell, seconded by Commissioner Diedrich and adopted by unanimous vote of the Board to approve storm water permits fees in the amount of $400.00 each, for the Landfill, Incinerator, and Transfer Station, payable to the MPCA. A motion was made by Commissioner Strandell, seconded by Commissioner Diedrich and adopted by unanimous vote of the Board to approve annual asbestos license fees in the amount of $100.00 each for three Environmental Services staff. A motion was made by Commissioner Diedrich, seconded by Commissioner Strandell and adopted by unanimous vote of the Board to approve the Real Estate Purchase Option Agreement for Parcel #87.00831.00 – the former Stenberg Welding building located adjacent to the Incinerator – and approve the purchase option fee of $25,000.00. A discussion was had regarding a steam fee formula, including a 10% surcharge, for those customers who have not entered into a contract with Polk County by February 15, 2011. Jon Steiner was going to contact customers to discuss further. A motion was made by Commissioner Strandell, seconded by Commissioner Buness and adopted by unanimous vote of the Board to approve a Great Plains Accounting software contractthrough DFC Consultants in the amount of $1,873.41.

Gerald Amiot, County Auditor-Treasurer came before the Board to discuss matters pertaining to his department. A motion was made by Commissioner Buness, seconded by Commissioner Diedrich and adopted by unanimous vote of the Board to approve for signature and submit the Petition for Transfer of the Union Lake Outlet Pump Drainage System to the Sand Hill River Watershed District, Pursuant to Minnesota Statutes 103D.705. A motion was made by Commissioner Diedrich, seconded by Commissioner Strandell and adopted by unanimous vote of the Board to approve the 2011 annual dues to the Pembina Trail RC & D Association in the amount of $500.

John Schmalenberg, County Administrator came before the Board to discuss matters pertaining to his department. A motion was made by Commissioner Diedrich, seconded by Commissioner Buness and adopted by unanimous vote of the Board to approve the Nature Conservancy Sale of Land to DNR

The following resolution (2011-1-6) was offered by Commissioner Buness:

WHEREAS, In accordance with Minnesota Statutes 97A.145, Subd. 2, the Commissioner of the Department of Natural Resources on January 25, 2011 provided the county board and the appropriate town officers with a description of lands to be acquired by the State of Minnesota for water and wildlife conservation purposes.

Lands to be acquired are described as follows:

Part of E ½ W ½ of S. 35

Part of E ½ of S. 35 and

Part of N ½ of S. 36 – 150 – 45

Gentilly Township. Gravel pits area retained by the Nature Conservancy.

(Map on file in the Administrator’s Office)

Commissioner Diedrich seconded the foregoing resolution and it was declared adopted upon the following vote. YEAS: Buness, Strandell, Diedrich. NAYS: None.

A discussion was held regarding the Castle Park Trails project submitted by the City of Crookston. A motion was made by Commissioner Diedrich, seconded by Commissioner Strandell and adopted by unanimous vote of the Board to set the Board of Equalization date for 2011 on June 14, 2011 from 5:00 p.m. - 7:00 p.m. A motion was made by Commissioner Buness, seconded by Commissioner Strandell and adopted by unanimous vote of the Board to approve Saturn Systems Purchase Order not to exceed $3,000.00 for 2011. A motion was made by Commissioner Strandell, seconded by Commissioner Buness and adopted by unanimous vote of the Board to approve payment to SHI for MS Office Licensing in the amount of $30,600.00.

With no further business a motion was made by Commissioner Buness, seconded by Commissioner Diedrich and adopted by unanimous vote of the Board to adjourn to reconvene at 8:30 o’clock a.m. on February 1, 2011.

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William Montague, Vice-Chairman

ATTEST:

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John P. Schmalenberg, Polk County Administrator

Clerk of the Board

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