FARIBAULT COUNTY

BOARD OF COMMISSIONERS

OFFICIAL PROCEEDINGS

OCTOBER 2, 2012

The Faribault County Board of Commissioners met in regular session at the Courthouse in the City of Blue Earth at 9:00 a.m. on October 2, 2012. The following members were present: Bill Groskreutz, Tom Loveall, John Roper, Tom Warmka, and Greg Young Commissioners. Auditor/Treasurer/Coordinator John Thompson and County Attorney Troy Timmerman were also present.

The meeting was called to order by Chair Roper. The pledge of allegiance was recited.

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Warmka/Young motion carried unanimously to approve the synopsis and official proceedings of the September 18, 2012 regular meeting and September 24, 2012 solid waste fee hearing.

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Groskreutz/Warmka motion carried unanimously to approve the agenda of October 2, 2012.

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The calendar was updated. No member of the public appeared to make comment.

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Committee reports were given. Young and Loveall reported on Association of Minnesota Counties policy meeting.

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Charlie Hoemberg, project manager for Big Blue Wind Farm, met to discuss the project’s progress.

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Economic Development Coordinator Linsey Warmka met regarding Economic Development Agency business.

Groskreutz/Warmka motion carried unanimously to approve a contract with Region Nine Development Commission for grant application assistance for a Small Cities Development Commission for $2,400 upon approval of the County Attorney.

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Central Services Director Brenda Ripley met regarding office business.

Groskreutz/Warmka motion carried unanimously to hire Rebecca Nagel of Blue Earth as temporary dispatcher in the Transit Department.

Warmka/Groskreutz motion carried unanimously to hire Chad Bonin of Blue Earth, Amanda Miller of Alden, Andrew Noll of Blue Earth, Sarah Kruse of Vernon Center, and Emily Swanson of Anoka as part-time dispatcher/jailers in the Sheriff Department.

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Tax Clerk Lorrie Bosma met regarding SSTS business.

Warmka/Loveall motion carried unanimously to approve an SSTS loan to Richard Fitzgerald of Kiester for $10,919.85 on Parcel No. 11.030.0601.

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Soil and Water/Planning and Zoning Program Administrator Michele Stindtman met regarding office business. Stindtman presented a conditional use permit from Cargill, Inc. for an expansion in Emerald Township. Also present were Operations Leader John Schmidt, Bob Larson, and Andy Weber of Cargill, Inc.

Loveall/Warmka motion carried unanimously to approve Resolution 12-PZ07-28 for a conditional use permit to Cargill, Inc. for construction a new liquid fertilizer retail facility, bulk storage tank facility and railroad unloading station with underground line to new storage tank facility in Emerald Township. Commissioners Groskreutz, Loveall, Roper, Warmka and Young voted yes.

R E S O L U T I O N

WHEREAS, according to the Faribault County zoning ordinance applicant is requesting a conditional use permit to construct a new liquid fertilizer retail facility, bulk storage tank facility and railroad unloading station with underground line to new storage tank facility.

The proposed project is located in the A-2 General Agriculture District located in the Northwest Quarter (NW ¼) of the Southwest Quarter (SW ¼), Section Thirty (30), Township One Hundred Two (102) North, Range Twenty-six (26) West, Emerald Township, Faribault County, Minnesota.

See Exhibit “A”.

WHEREAS, The Planning Commission finds:

1.  That the proposed use will not have an adverse impact on the health, safety, and general welfare of the occupants in the surrounding neighborhood.

2.  That the proposed use will not have an adverse impact on traffic conditions including parking.

3.  That there are adequate public utilities, public services, roads, and schools to support the proposed use of the property.

4.  That the proposed use will not have an adverse effect on property values or future development of land in the surrounding neighborhood.

5.  That the proposed use meets the standards of the zoning ordinance including that the use is allowed with a conditional use permit in the designated zoning district in which it is proposed.

6.  That the proposed use will not have an adverse effect on the environment including impacts on groundwater, surface water, and air quality.

7.  That the proposed use will not have an adverse effect on existing natural, historic, or scenic views of features in the surrounding neighborhood.

8.  That if storage or disposal of materials is required, that adequate measures are in place.

NOW THEREFORE BE IT RESOLVED, That the Faribault County Board of Commissioners approve the conditional use permit for Cargill Ag Horizons for a new liquid fertilizer retail facility, bulk storage tank facility and railroad unloading station with underground line to new storage tank facility located in the A-2 General Agriculture District with the following conditions:

1.  All other federal, state and local applicable laws, licenses and permits shall be obtained and followed from the appropriate agency and maintained in association with the operation.

2.  A completed County SSTS (septic) application must be received and approved by the Planning and Zoning Department before issuance of a building permit. Fencing or other type of physical barrier shall be installed and maintained to protect the on-site sewage treatment system, septic tank, and well from damage by vehicles and machinery before, during, and after construction.

3.  A complete and approved plan by the Minnesota Department of Ag in regard to, but not limited to, the underground transfer line (pipeline) and containment area must be submitted to the Planning and Zoning Department before issuance of a building permit.

4.  Security issues are addressed by applicant.

5.  Containment area (dike) needs to be fenced and must meet all requirements of state law, including the inclusion of an impenetrable liner.

6.  Spill detectors be installed and maintained to identify the occurrence of any leak of product from storage tanks as required by state regulatory agencies..

7.  Applicant shall actively pursue means to eliminate vehicle queuing on adjacent roads.

8.  Trees on the east side of the property will be left. Trees are to be planted along the road according to a tree planting plan that is acceptable to the county.

9.  Applicant must enter into an agreement with local road authorities regarding road construction, drainage and long term maintenance costs. A copy of this agreement shall be on file with the Planning and Zoning Department.

10.  Applicant must work with the County Emergency Response Coordinator in developing an emergency response plan. A copy of this plan shall be on file with the Planning and Zoning Department prior to issuance of a building permit.

11.  This conditional use permit only authorizes the uses as specifically described in the submitted plan and application as follows:

1 - 1 million gallon tank

3 – 12 x 30, 30,000 gallon tanks

Load out building

Driveways and roads

Dike and security fencing

Truck scale

Office building

8” fertilizer transfer line.

12.  Any proposed changes, additions, or modifications to the site, or to the services proposed, shall be brought back before the Planning Commission and County Board for review.

13.  Applicant may not engage in production of fertilizer on site, and no anhydrous ammonia may be stored on site.

14.  Building of the proposed facility shall be completed within 2 years beginning October 2, 2012.

A review of the conditional use permit will be completed by the Planning and Zoning Department every two years and a maintenance fee of $50.00 shall be paid every two years as long as the conditional use is in effect starting October 2, 2014.

Discussion was held regarding the composition of the Board of Adjustment and Planning Commission.

Young/Warmka motion carried to set a a seven (7) member board for Planning Commission with three (3) year terms for members by 2015 and to have the Board of Adjustment members appointed to three (3) year terms by the County Board from the seven members of the Planning Commission. Commissioner Groskreutz and Loveall voted no.

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Public Works Director John McDonald met regarding office business. A construction update was given.

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Warmka/Loveall motion carried unanimously to approve the following financial institutions as depositories of funds for Faribault County for a one-year period: First Bank of Blue Earth, Wells Fargo Bank, First Financial Bank of Winnebago, Farmers Trust & Savings Bank, Alliance Bank, Pioneer Bank, and State Bank of Easton.

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Young/Warmka motion carried unanimously to approve request from J. Anderson to attend a one-day MN Jail Program Services conference in Red Wing.

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Groskreutz/Loveall motion carried unanimously to participate with the Minnesota River Board in a request for proposal to secure ditch viewers.

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Committee reports were continued. Groskreutz reported on Association of Minnesota Counties policy meetings, and Roper reported on Association of Minnesota Counties policy meeting and Three River Resource Conservation and Development Council.

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Warmka/Young motion carried unanimously to pay bills totaling $82,397.23 as follows:

COUNTY REVENUE FUND $ 66,733.05

PUBLIC WORKS FUND 14,894.18

DITCH FUND 770.00

$ 82,397.23

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The meeting was recessed to 1:00 p.m. Drainage Authority meeting.

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John Roper, Chairman John Thompson, Auditor/Treasurer/Coordinator

10-02-12

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