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OFFICIAL PROCEEDINGS OF THE BOARD OF COMMISSIONERS
BLUE EARTH COUNTY, MINNESOTA
February 6, 1996
The County Board of Commissioners met in the Commissioners'
Room at 9:00 a.m. Present were Chairperson Colleen Landkamer,
Commissioner Leon Tacheny, Commissioner Lin Barnes, Commissioner
Al Bennett, Commissioner Alvis More, County Attorney Ross Arneson
and County Administrator David Twa.
Commissioner Barnes moved and Commissioner More seconded
the motion to approve the Agenda. The motion carried. 96-43
The Commissioners reported on committees that they have
attended since the last Board Meeting.
Mr. Rick Hanna, Land Use & Natural Resources Administrator,
presented the following information regarding an Environmental
Assessment Worksheet prepared by Gopher State Scrap & Metal,
Inc., 3401 3rd Avenue, Mankato, MN 56001.
Gopher State Scrap & Metal, Inc., voluntarily prepared
a Discretionary Environmental Assessment Worksheet for
the purpose of identifying any environmental issues to
be addressed in conjunction with expansion of its'
storage area in the South half of the Northeast Quarter
Section 31, Lime Township.
The required notice was placed in the EQB Monitor on
December 18, 1995. Notice was also mailed to reviewing
agencies. The Comment Period ended on January 17, 1996.
Comments were received from the Minnesota Pollution
Control Agency, Minnesota Department of Natural
Resources and the Minnesota Historical Society. No
other comments were received.
Minnesota Historical Society, MHS, Comment
MHS comment Item 26a stated that there are no known
archaeological, historical or architectural resources
in the proximity of the site.
Minnesota Department of Natural Resources, DNR,
Comments
DNR comment Item 9 states, land use should indicate
that the area east and north of the proposed expansion
site supports a wet meadow natural community that to
their knowledge has never been plowed. Although the
original prairie has been degraded, remnants of native
prairie vegetation are currently evident.
Mr. Hanna stated that this comment is factual and will
be taken into consideration with respect to any permits
issued for the proposed activity.
DNR comment Item 11 regarding, Fish, Wildlife, and
Ecologically Sensitive Resources states that the EAW
asserts that project-related habitat loss will displace
animals who are "expected to relocate to a similar
habitat located to the east of the expansion area" and,
"Expansion impacts to wildlife are expected to be short
term and negligible," This is not the case because the
project will permanently convert three acres of natural
cover-type to bare ground and displaced wildlife will
compete with existing populations if suitable habitat
exists. Therefore, the EAW should indicate that
project-related habitat loss results in an associated
wildlife loss.
Mr. Hanna stated that the comment is accurate in that
it states "project-related habitat loss results in an
associated wildlife loss." The comment goes on to say,
"...the project will permanently convert three acres of
natural cover-type to bare ground...." This part of the
comment is not totally correct because Item 10 does
not accurately describe "cover-types" found on the
site. Approximately 2 acres is bare ground and has been
used for a truck access and parking area. The remaining
area, approximately 1 acre appears to be
brush/grassland. There will be wildlife displacement
because of habitat loss. However it should not be as
great as indicated by the EAW. If this project moves
to the conditional use phase, the permit could include
a condition for some type of mitigation acceptable to
the DNR. This opinion is based upon a site visit in the
Fall of 1995 and Sidwell aerial photography of the
area.
DNR comment on Groundwater Contamination states, "Does
the existing facility have a ground water contamination
problem?"
Mr. Hanna stated that a report furnished by Gopher
State Scrap & Metal, Inc. states that subsurface
exploration for total hydrocarbons as fuel oil (DRO),
and benzene, toluene, ethyl benzene, and xylene (BTEX)
was conducted in the Fall of 1994 for Gopher State
Scrap and Metal, Inc. by American Engineering Testing,
Inc. The results of the test were "Non-Detected". A
copy of the report was sent to MPCA on December 7,
1994.
DNR comment on Item 30 regarding the locating of a
contaminated soil land-farming site to the east of the
facility. The comment correctly points out that there
are wetlands east of the site and any siting for a
land-farming site should consider adjacent land uses,
presence of wetland, depth to groundwater, and soil
type.
Mr. Hanna stated that staff concurs with this comment.
For all of the reasons noted in the comments, regarding
Item 30, this area is not suitable for land-farming of
contaminated soils.
DNR last comment states, "Preparation of an
environmental impact statement (EIS) is not required in
our opinion."
Minnesota Pollution Control Agency, MPCA, Comments
MPCA comment Item 8 notes that the list of permits and
approvals does not include the necessary MPCA Storm
Water Permit.
Mr. Hanna stated that the comment is correct and if
this project moves to the conditional use phase, the
permit will include a condition requiring a General
Storm Water Permit for Industrial Activity in addition
to other required permits and approvals.
MPCA General Site Concerns. Three major concerns are
discussed:
1. Off-site run-off should be diverted around the
site and not come in contact with scrap storage
piles.
2. Types B and C scrap storage areas should be
covered whenever possible and run-off diverted
around these areas.
3. A lined sedimentation basin is needed at the site
and all run-off from any scrap pile area should be
routed to the basin.
Mr. Hanna stated that the comments are correct and if
this project moves to the conditional use phase, the
appropriate conditions can be included in the permit.
The MPCA will be asked to review the proposed permit
and comment if they so desire.
After discussion, Commissioner More moved and Commissioner
Barnes seconded the motion that an Environmental Impact Statement
is not required for the proposed Gopher State Scrap & Metal, Inc.
expansion with the following findings:
1. That any significant environmental effects
that may be associated with the proposed
project as described in the EAW can be
avoided, minimized or mitigated as part of
the conditional use permit required for the
proposed project.
2. That the proposed project as described in the
EAW should not have an cumulative potential
for significant environmental effects as the
result of related or anticipated projects.
3. That any significant environmental effects
that may be associated with the proposed
project as described in the EAW are subject
to mitigation by ongoing public regulatory
authority.
4. That any significant environmental effects
that may be associated with the proposed
project as described in the EAW can be
anticipated and controlled as a result of
other environmental studies that have been
undertaken by the MPCA and DNR and addressed
as part of the conditional use permit
required for the proposed project.
The motion carried. 96-44
Commissioner More moved and Commissioner Bennett seconded
the motion to approve the January 23, 1996 Board Minutes. The
motion carried 96-45
Commissioner Barnes moved and Commissioner More seconded the
motion to approve the following Bills:
Bills for Weeks of January 29 -February 2, 1996
Grand Total $5,077,044.57
Bills for Week of February 5-9, 1996
Grand Total $5,676,863.52
The motion carried. 96-46
Commissioner More moved and Commissioner Bennett seconded
the motion to approve the following Personnel items:
Authorization to initiate recruitment for a Sergeant
(C43). (Sheriff)
Authorization to initiate recruitment for a Road
Supervisor (C42). (Highway)
Promotion of Royce Kilmer, Medium Equipment Operator
(B22) to Heavy Equipment Operator (B23) with a salary
adjustment from $12.62 to $13.07 per hour effective
January 29, 1996. (Highway)
Extension of probation for Craig Bollmann, Light
Equipment Operator (B21), from February 10, 1996 to May
10, 1996. (Highway)
The motion carried. 96-47
Commissioner Barnes moved and Commissioner Bennett seconded
the motion to approve a tax abatement to Mr. Merwin Roberts,
Rural Route 9, Box 38, South Bend Township R50-08-23-106-003 K-
221183 for taxes payable in 1996. The motion carried. 96-48
Commissioner More moved and Commissioner Tacheny seconded
the motion to approve a tax abatement to Ms. Ann Varud, 66 Knoll
Lane, Lime Township M40-4000-00950 K-249001 for taxes payable in
1995. The motion carried. 96-49
Commissioner Barnes moved and Commissioner Bennett seconded
the motion to approve a Tax Abatement for $6,806.68 to the City
of Mankato for the JC Penny Building, 1540 Mankato Place,
Mankato, MN R01-09-18-104-007 and R01-09-18-104-006. The motion
carried. 96-50
Commissioner Tacheny moved and Commissioner More seconded
the motion to approve an Application for One-Day Off-Site Lawful
Gambling License to Mankato Area Hockey Association to be held at
the Mankato Golf Club, Mankato, MN, on March 5, 1996. The motion
carried. 96-51
Mr. Jerry Haley, Community Corrections Chief, Ms. Jessica
Weber, Ms. Brenda Kall, Volunteers for Alternate Services
Office, Mr. Bill Johnson, Volunteer, updated the Board on
Community Correction's volunteer programs.
Commissioner Barnes moved and Commissioner Bennett seconded
the motion to present the Salvation Army, YMCA, and All Seasons
Arena, a certificate of appreciation for supervision of alternate
service workers. The motion carried. 96-52
Ms. Susan Cox, Americorp Worker, informed the board of the
Community Interventions Seminar to be held on February 19-21,
1996 at the Law Enforcement Center.
Mr. Steve Michel, Physical Plant Director, updated the Board
on space allocations at the Law Enforcement Center.
Commissioner Bennett moved and Commissioner More seconded
the motion to appoint the following as Ditch Viewers: Mr. John
Pimbal, Janesville; Mr. Robert Kruse, Mapleton, Mr. Dan Hiniker,
Mankato and Mr. Loren Cummings, Mapleton. The motion carried.
96-53
The meeting recessed at 11:45 a.m.
The meeting reconvened at 2:00 p.m.
Pursuant to publication, a public hearing was held to hear a
petition of State of Minnesota, by James N. Denn, its
Commissioner of Transportation for the right to make minor
alterations or changes in Joint County Ditch No. 9 in Blue Earth
County. The public hearing was opened for public comments by
Chairperson Landkamer at 2:00 p.m., February 6, 1996. Mr. Rick
O'Rourke, and Mr. Tom Henzel, MnDot, gave an update of the
project. The following public made comments: Mr. Don Borneke,
Eagle Lake; Mr. Tom Dauk, Madison Lake; Mr. Ernie Sieberg,
Madison Lake; and Mr. Alvin Flemming, LeRay Township Board. The
individuals connected to the ditch system had concerns over the
depth of the tile and would like to investigate further to get
accurate information.
After discussion, Commissioner Tacheny moved and Commissioner
Bennett seconded the motion to continue the Public Hearing to
2:00 p.m. on February 20, 1996 at the Courthouse Boardroom.
Chairperson Landkamer officially closed the public hearing at
2:35 p.m., February 6, 1996. A transcript of this hearing is on
file at the County Administrator's Office, Courthouse, Mankato,
MN. The motion carried. 96-54
Commissioner Bennett moved and Commissioner Barnes seconded
the motion to adjourn the meeting at 2:40 p.m. The motion
carried. 96-55
An informal hearing on County Ditch #35 was held at 3:00
p.m. After discussion, it was consensus of the group to slope
the sides and push the land back along County Road 29 and do some
spot cleaning of the bad areas in the ditch system. They will
seek a estimate from Borglum and work with Mr. Wilmer Walters,
property owner of the area to be sloped, to reimburse him for
damages done to his land. The informal meeting ended at 4:00 p.m.
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