--------- Good morning everyone. I'm called call to order the meeting of the Klay County Board of Commissioners at uh on Tuesday, July 21st. Um today we have Commissioner Mojo online. So all our agenda uh all our
items uh with motions and seconds will be have a roll call vote. So with that I move for approval of the agenda which includes our consent. >> So move second. >> Have a motion by Commissioner Bayer,
second by Commissioner Campbell. All in favor roll call. >> Commissioner Krabanhoff >> I. >> Commissioner Bear >> I. >> Commissioner Mojo. Hi, >> Commissioner Campbell. >> Yes. >> Motion passes.
We have uh any citizens to be heard. >> Morning. >> Good morning. >> Yeah. Um so we try to limit this to um uh three minutes. I understand yours might be a hair longer. I'll give you some latitude, but try to uh not repeat
if you will, please. >> Yes. Thank you. >> Okay. And your name and address, please. >> My name is Jane Gronerberg and I live in Morehead. And I'm here today with concerns about the increase of hatred, violence, and domestic violence in our community. I am also here as a survivor
of domestic violence to speak on behalf of myself, others, and victims like Sahar Ramirez who no longer have a voice to speak. It's taken me years to gather the courage to be here today and it was a difficult decision to make because I
know the backlash and harm it will cause myself and my children. But hearing about Sahar stirred my heart and soul to break my silence about domestic violence which includes psychological violence. As a survivor, I can say that Sahar's life ended not
because of extreme viol because of extreme violence, not suicide. And I'm very nervous because I struggle with anxiety myself. So, I apologize. It's part of my traumatic um post-traumatic stress syndrome that I have. So, but hearing about her
and suicide really is a disrespect to Sahar, her family, and all and all other survivors like me. Um, one incident of my own violence was in January of 1989. I was home and very ill. After trying to convince me that I was not sick and
telling me I could not go to a doctor, my psycho violent husband left me for dead. He offered no medical care or concern. He walked out the door three days in a row, not caring if I lived or died. And I would have died had I not been able to get myself to a hospital
and have an emergency life-saving surgery. Had I died, I wonder if he would have spun my death as a suicide or an illness when in fact it would have been nothing less than negligent homicide. To this day, he has had no accountability, responsibility, or
consequence for his actions in 1989, nor for any other any other of the numerous times he was psychologically violent with me. People have said that my ex-husband was not abusive to me, but that he just didn't love me. It's correct. He didn't love me. Instead, he
actively hated me for over 30 years, and that was violent abuse. A rise in hatred equals a rise in mental and physical health concerns and crises in our community. This should be alarming and it is for me. As such, I intend to advocate and create awareness and
education about hatred. Advocacy is natural for me. I have a parallegal degree from MSUM and 20 years of work experience. I started my work at the Rape and Abuse Crisis Center of Fargo Morehead as a legal advocate. I then worked for Legal Services of Northwest Minnesota assisting with cases involving
domestic violence. I also was involved in the creation of this center's safe exchange center and actually take credit for naming it Rainbow Bridge. For the last 10 years of my career, I worked in Klay County in the county attorney's office as the coordinator of the crime
victim advocacy program. In 2005, I was forced to end my career. The terror, torture, and trauma of living with a psycho violent husband was too much. I had no choice but to stop working and receive social security disability. I'm very familiar with how the system works
in response to domestic violence victims. It's broken and it has failed me and my children at Sahara. Victim blaming and shaming is not uncommon and cases that don't involve physical violence do not get prosecuted. Meaning
women like myself are basically dismissed and ignored by law enforcement and legal community. We are often labeled as crazy on the problem. But what I've discovered is that narcissistic personality disorder is really driving the hatred behind the domestic violence and that personality
disorder is never, if rarely, factored into charging decisions. The violence needs to be stopped. So the healing is no longer necessary because the healing is just as difficult and traumatic to survive as the violence itself. Don't give us a phone number for a nonprofit agency after the violence
has already happened. That is too little, too late. Please, I'm asking those with the ability and authority to work to change the system to stop the violence. I am just one face and one voice of many women in the United States that have been deemed disposable and not
worthy of basic human rights and protection from psycho violence. What was allowed to happen to me was not humane. It was cruel. And it still happens today to others. A dog in this county has more protection than women and children being subjected to psycho violence in their own Christian homes.
No joke. It honestly feels like I do not matter in this city, county, state, or country. If you want to make a claim that I do matter, you will need to prove it because my lived experience is proof that I do not matter. I will end with a quote attributed to Edmund Burke. The
only thing necessary for the triumph of evil is for good men to do nothing. It seems to me there's a whole lot of good men and women doing a whole lot of nothing about domestic violence in this community and evil is seemingly triumphant because when psycho violence
is allowed and normalized in a community, evil is triumphant. Thank you. >> Thank you very much for coming and appreciate your awareness. >> Thank you. Administrator Larson.
>> Yeah, Mr. Chair, I did also receive a request to uh speak and and submit the comments and read into the board. This came this comes from Maverick Brady uh out of Sabin in Elkton Township. Elken Township recently had a public hearing
uh about uh I guess establishing the the their actual township roads within the the county or excuse me the township. Uh and uh Mr. Mr. Brady was unhappy with the with the findings. Uh the Elton Township Board has voted to establish a
road on the south border of the property parcel 05 D-.025.380 025.380. Eliminating 33 feet of our field, allowing the public uh traffic through our land under no basis of land owner access or any real reason to establish
this road other than friends of the board enjoy the use of the property for recreation and want to continue to do so after I put a fence and a gate up for cattle and they are mad they can't drive through the private property anymore. The board also did not properly follow
guidelines of Minnesota statute 164.07 on how to properly establish a township road, but we were essentially told we have no say and we have no compensation in this matter because they are elected officials and they say where the roads will be and that's that. Uh they have no
record of a road ever being there and have failed to provide any evidence of road ever being established there. So, they've decided to have a township board meeting yesterday uh officially establishing a township road and just say where they wanted to establish roads
based on nothing. This road uh that they want to establish on our property has never had a maintenance done to it ever. No utilities, no gravel added or any improvements made to it ever. It's just a field that people like to drive through and hunt out of their
pickups, shoot stuff, and leave garbage. And so, um, that was a comment. We have had a couple cor I've had a couple correspondents with Mr. Brady. Uh, Mr. Sloan is actually at the meeting, uh, as part of his GIS, uh, work with the townships. And so, if the board has any
questions or anything, um, Mr. Sloan can most likely give a stab at answering. Other other than that, I would yield for any comments. >> I have just one comment. It sounds like it's a township issue, not a county issue. >> Uh, that is correct. That's what we've
uh that's what we both have told um um Mr. Brady and so uh I think Mr. Sloan has given him some um direction from from his standpoint of how we can do but has indicated that that's not an issue that we can address.
>> Yeah. >> Yeah. Just >> just a follow up to that. Um it's been a number of years since I was on a township board, but um Commissioner Bearer is is exactly right. This is a township issue, and there is a process
that that townships need to go through in terms of of um whether they create a public roadway or eliminate a public roadway, uh and how they record public roadways. And so, um, although I
appreciate the fact that they're looking for some assistance in any way they can or this individual is, um, I think there needs to be some research of township law here and go from there. So, >> thank you. Anybody else?
>> None. Thank you for the comments and uh, outreach. All right. We'll move on to the approval of payment of bills and vouchers. >> Mr. Chair, I'll make a motion to pay the bills and vouchers. >> Second.
>> Motion by Commissioner Bayer, second by Commissioner Campbell. Any discussion? Any other discussion? Any other discussion? Hearing none. Roll call, please. >> Commissioner Kraven, >> I. >> Commissioner Bear,
>> I. Commissioner Mojo, >> yes. >> Commissioner Campbell, >> yes. >> Motion passes. We also then move on to the approval of the minutes from July 7th, 2026. >> Mr. Chair, I'll make a motion to approve
the minutes from July 7th, 2026. >> Motion by Commissioner Bear, second by Commissioner Campbell. Roll call, please. >> Commissioner Kenhoff. >> Yes. >> Commissioner Bear, >> yes. Commissioner Mojo, >> yes.
>> Commissioner Campbell, >> yes. >> Motion passes. On to our 8:35 request approval of a master service agreement and task order with KL KJ Engineering.
>> Yes, Nick. >> Good morning. Yes. So, the item I have is so we went out for an RFP of the design for CASAU 11. This is a project that's been on the five-year plan and goes from trunk highway 336 to Sabin. Out of this proposal process, KJ was
selected as the highest scoring and best fit proposal. Um, as well as from a cost standpoint, we think we think that they or they did score the highest and we do feel really comfortable with this. Um, this project will be designed throughout 2026 and 2027 with a planned lighting
date in early 2028. And this is a master service agreement and task order. That way if there are things that come up that we can just add things to a task order versus having to amend a contract. >> Any comments or questions of the board? >> Mr. Chair, I'll motion
master. >> Okay, >> I'll second it. All right, we have a motion from Commissioner Mojo and a second from Commissioner Bear. >> Is this uh master service agreement and and task orders does would this in
include the obtaining of rightaway? >> Uh so they assist with the rightway, not the the cost is mainly for holding landowner meetings, writing legal descriptions. as far as the cost to obtain right of way is not included in
that because that's a straight county cost. >> Okay. But they do they do assist in um why the you know explaining why the rightway is needed and that type thing. >> Correct. >> And they they have their one of the reasons too that KJ was selected is they
have their own it's one firm doing everything. They have their own rightway team as well that that's all they do. I know just from a staffing standpoint, sometimes acquisitions of rightaways can take up an awful lot of time. >> Yes.
>> Be nice if your folks aren't tied up with just doing that. >> And that that's exactly why we included it in the proposal. So, >> very good. >> Any other questions, Commissioner Bear? >> Has the county attorney looked at this contract?
>> Yes, he has. Anyone else? Any other questions? Hearing none. Is there a motion? >> There already has been in a second. >> Oh, thank you. >> All right, let's roll call, please. >> Commissioner Krabanhoff. >> Yes.
>> Commissioner Bear. >> I. >> Commissioner Mojo. >> I. >> Commissioner Campbell. >> Yes. >> Motion passes. >> Thank you. >> All right. Agenda number number three, a budget presentation from the soil and
water conservation district. >> Good morning, commissioners. Good to be here again. >> Tony Nelson, our natural resource management uh technician is here to to uh he and I are going to present our 2027 budget request. Can you just speak a little soliciarian?
Thank you. >> Sorry. And thank you for allowing us on your agenda. Better. >> Of course. >> I think you all know that we are a very small staff that operates our Clay SWCD. We have a staff of five down from six
just two years ago. Um for 2027, we will continue to operate with five full-time staff. We primarily have three ways of funding. One is our self-generated programs. Those include things like our tree planting service and our no till drill s
um rental program that we have offered since 1993. The tree program trend is seeing fewer planting jobs over the years primarily due to reduced state cost share funding. Our no tail drill program remains steady year after year.
State grants another way that we're are funded. These provide some challenges. We are heavily reliant on these grants. grants remain our primary operational funding source and most are restricted to specific programs rather than general operations meaning they cannot be used
for rent insurance or general operations. Um in no increases were realized from the 2026 Minnesota legislative session. They provided no interest or any increases to our operation and we are
still feeling the reductions from made in 2024. uh they continue to affect our ability to maintain staffing and service levels. Cuts made in 2024 continue to reduce the flexibility and stability of our SWCD funding, forcing us to absorb more
operational costs locally. And our third avenue of of funding is our county allocation through you folks. County fund funding is the only source that supports our core operations, including staff wages, insurance, rent, utilities,
and basic program delivery. Most grants cannot be used for these purposes. For 2027, we are requesting a 6.2% increase over our 2025 allocation. We received no increase in 2026.
Personnel costs make up the majority of our SWCD's operating budget. Even with conservation, even with conservative staffing levels, cost increases outside our control have created significant financial strain.
COLA SWCD board members strictly follow the county's lead. A 3% cost of living adjustment is planned for 2027, consistent with county projections. In 2026, staff received zero cost of living adjustment. Merit adjustments were approved.
Our health insurance in 2026, we were members of the lo of the Lakes Country Service Co-op out of Fergus Falls. In 2026, they were projected to increase to 18.3%. At that time, our board directed us to search out a different provider and we
signed on with a new provider, but it was still we looked at a 13.6% increase. for 2027, our projected increase of 7.5% is being looked at. >> Good morning. Uh Kevin asked me to uh
address some of the things that uh kind of we do on a day-to-day basis as part of our general operations. Um we are considered an external agency from the county. Um we are fully aware that we are considered that external agency over
the years but uh several county programs were transferred to us over the course of our our history with the with the county. Uh 1998 the state wetland conservation act we've been uh administering that program for 28 years. In 1999 uh the funds that we received
from the state were approximately $16,700. In 2027, the state funds have actually been reduced over that period of time to $16,447. Um, the ClaySwc provides uh provides
match with this and the actual county funds that come out of this uh of this fund are are are zero. There's no liability to the to the county. um the state's local water management program, which we've also been administering for
approximately 28 years. In in 1999, the amount that comes from the the state was $28,311. In 2027, that amount has been actually reduced to $12,673. Um,
in 2007, uh, the state's county feed lot officer program, which we've been administering for approximately 19 years, the county created a new program and offered up to a $25,000 per year program to the SWCD.
Um, uh, from from 2010, which is which is where we could find the most uh, as far back as we could go, uh, we received $11,340. the county agreed to match um that requirement up to $25,000.
And so in 2026, uh the state has actually increased that fund to $14,35. Um the county match required is is again up to that $25,000 program. So over that that 19-year period, that that fund
actually has stayed the same. Um, in 2012, uh, the state's county a inspector program, um, which we've been administering for approximately 15 years, um, was a, uh, half-time position and asked the Klay County SWCD to to,
uh, hire that at a quarterime position at a rate of $25,000 a year. And you can see that over over that, uh, 15-year period that that funding source has also stayed the same at $25,000. In 2019, the state's aquatic invasive
species program, which we accepted on behalf of the county also, um we received an annual amount of $18, uh673. Uh and that currently is being proposed to cut that amount almost in half to
about $8,417. So, we're administering those programs basically a at the rate or less than what the county actually asks us to uh to administer those programs over a period of, you know, in some cases 15 to
25 years. Um, several of the county programs we administer are now funded at levels below what we received nearly three decades ago. And despite the increased responsibilities and rising costs associated with delivering them, uh while we recognize that the county faces its own budget constraints, rising
operational costs, stagnant state funding, and reduced staffing capacity, we have placed significant pressure on our ability uh to deliver essential conservation services to residents, land owners, and agricultural producers. Uh county support remains the most stable and
flexible funding source that we have and it's critical to maintaining the high level of service Klay County expects. Um we have a great staff. Um we have a young staff, but for us to be able to maintain that staff over the course of time and and prep for the future, we
need to be able to operate. Um thank you and uh we appreciate your continued support and consideration for our budget. Are there any questions? >> I have one question. Matt,
>> really? Commissioner Bear, >> do you have uh reserve funds? And if you do, how much do you have sitting in there? >> We have roughly $300,000 in in reserve. >> Thank you. >> Welcome.
>> Has that reserve stayed fairly steady? >> Yes. And what is that uh reserve fund uh Kevin? Is that um have you figured that out? How many months or how that use of money works? >> No, I think we're looking at probably in
that six month range is what we you know operating should all the funds stop. >> Yeah. >> Yeah. >> Okay. It's >> kind of what we we we kind of want to keep it about at that month level. >> Yeah. Very good. I appreciate the detail you explained.
Uh I think we all need to be reminded uh our partnership and you guys my opinion are uh do are one of the leading solo waters in the state. Um I think we've proven that you do a lot of advocating
statewide and that is all for the betterment of uh and promotion of salt and water within our county. So appreciate all the work and any other questions anybody. >> Thanks for coming in. >> Yeah, >> thank you >> as always. Thank you guys. >> Thanks. Appreciate it.
>> Thank you. >> All right. Up next will be Jill Murray uh with budget presentation of the assessor's office. Hello Jill. >> Good morning. >> The assessor staff is a small staff of
five people. Uh so any increase you see to our budget is a salary and benefit adjustments for the five staff. Um our expenses are really contained to um the statements that we send out, the notice evaluous
evaluation statements annually. Um our licensing and membership, our continuing education, and then a few office supplies for all of the mailings that we do. Um I do have um there was our fee schedule. We do
bill the townships and cities for the assessor work that we do which pays a portion of our expenses. Um that was set in last set in February 20th of 2018 by the board of commissioners. And so for
this year it was scheduled that parcels with improvements increased by 25 cents per parcel. So that actually provided about $4,300 increase to the income of my budget. Um I used a small portion
about 2500 to offset some of the additional expenses we'll have because our association fees, hotels, and things for travel are going to increase slightly. So ultimately our expenses um are about $2,000 less than the prior
year. Um I am on schedule to come before the board next year to reook at that um township billing so we can uh discuss that in more detail next year. I'll come
with more information from surrounding counties and what they're charging. Um, some other ways that we are looking to try reduce our expenses, been working with the department of revenue to host one of the PACE courses here in Morehead. That would save us on some
hotel and travel expenses when we can hold it ourselves for all of North. >> Joe, may I ask what is that? PACE is um it is it's an acronym of just part of our continuing education that is required
um 30 of our 60 hours and it's held by the department of revenue. >> Okay. >> So it's mandatory part of our licensing and it's primarily education on the property tax law statute. So um so we're
looking at that to save. Um also I had considered adding an archive module to our kama system but did find that staff is still able to perform that manually in less than a day ourselves. So uh we decided not to proceed with that at this
time. and then am looking at technology to save costs such as um for our quintel postcards, appointments, sales verification. However, some of our applications are statutoily mandated and approved by the commissioner of revenue.
So, um when it's printed or saved, it must look exactly as the department of revenue sent to us. Um so, there's some limitations there, but we are looking at ways to use technology to save money. Any questions?
>> I just want to uh make sure uh we're consistent. So these proposals, they include the cola we've suggested and the healthcare. >> That is correct, Mr. Chair. >> Okay. Are there any other costs?
>> Uh it also includes the steps any steps that the staff are are eligible for during the next year. >> Okay. And that's consistent with all presentations. Okay. Thank you. >> Oh, questions.
>> I don't have any. I I thank you for your You got a pretty small department and it's runs pretty smoothly, I think. >> Thank you, Gail. >> Coming in. >> Mr. Chair, before we go to the next one,
can I just comment back for a second on the previous I was just on on the soil and water and maybe I can ask for some more clarification. Okay. >> Uh as I looked at these numbers, um
if I look at the proposal for the 2027 budget, it has total estimated expenses at $78,3166. And under the revenue side, it has total estimated revenue outside of Klay County of $418,031. And then they are requesting from Klay
County 315,666 for total revenues of $733,000. Uh that's that's roughly 25,000 more than what their anticipated expenses are. So I'm wondering why that is.
Mr. Chair, uh, Commissioner Campbell, I believe that that additional 25,000, if you take a look on page 97 of 104, uh, in addition to to their funding increase, they have the county egg inspector has broken out at 25,000. >> Okay. So, but that 25,000 is not in
their expenditures. >> That that my understanding is each year that has been broken outside because that is a a specific thing that we pay. Yes. >> Right. That's that's that's out of the yellow line there. That's total requested. >> Correct. So that would be the difference. The difference that
Commissioner Campbell highlighted is that $25,000. >> Why would it be all? >> We've we've broken it out that way just specifically because of the of the cost of that that program. >> I guess it's a little confusing that
way. I I mean I it that answers my question, I guess. Thank you. >> All right. Any other questions? Okay,
moving on. We have Olson uh with our facilities department with his budget request. >> Yes, the good morning board. Um yeah, I'll be going over the facilities budget. And the first uh the two different budgets that make up uh my
budgets are what we call the courthouse budget that covers the um law enforcement center, DMV grounds, and um detox all kind of in one budget. And then we have the family ser uh family service center enterprise budget. So um
we can start with the courthouse budget. I'll hit all the highlights and then if you see any questions just interrupt me and ask me about them. Um, as far as our revenue on miscellaneous 5830, we have a slight increase of 8.79
uh totaling just over $70,000. We got we have this from leasing to the DOC. Um, and the added 8.79% was just a small room that we had rented to them um after we signed a lease. So, uh, that that's where that increase was. Um, and
then the other revenue line in there is a miscellaneous 430. Uh, we have 326,234. And what that is is it's it's for detox. Uh, Troy's budget budgets in detox. And this is all the expenses, the the lawn,
the salaries that we uh have over there, custodials and supplies and stuff. So, each year he pay he uh pays me that money. And you can see that you're going to see a a a detox expense line in my budget below. So, it's really an in and-out, but I wanted to let you know
that that's where that that comes from. And that is in Troy's budget as well. So, uh as far as salaries, again, salaries this year, um I worked with Lori. Uh we've had some troubles again with with them looking up and down. So, what I did is I provided a a page five,
you can see of a total overall salaries. And um you could see we came in just at 3% on our total salaries. Um I think we had a time card issue with how it goes how all my um people are are
charged from time card to our budget. So we did meet I believe between the us Lori and HR we have a a way now that we can do this when we're moving people around and it'll uh the budget should look um it should the actual should match anyway. So, but I did provide that
that um that number five sheet to show you my total hour salaries. And um part of the that list is six full-time maintenance, one operation supervisor, 10 full-time custodians, six variable hour custodians, three seasonal grounds, one administrative assistant, and one
facilities director. So, those are all the list that goes within the salary. And we haven't really we haven't added anything um in the last few years. So, so that's a kind of a look at the salaries and next year we should be able to go between each building and figure
out exactly the cost there. So, and then additional increases within the courthouse budget. We have one slight increase in our professional services lines in both detox and DMV. We took them from 5200 up to 6,000. Um, but we did offset that. We ended up dropping
our lawn detox by 2500. So, we offset that a little bit. And and you can see in our utility line, we dropped that uh line by $15,000. And I'm going to talk about that because we're we're going to be switching one of our bills over to our family service center side because
uh we have two bills in our more public service utilities line. One is the courthouse and the other one is our power plant bill. And uh we feel that our power plant bill really majority of that cost goes to powering up the family service center. So, it's always been in that line, but we feel it should really
belong in the other line. And so, we did drop that a little bit, but we're going to see an increase on the other side there as well. So, um, other than that, we with the courthouse budget, we had an overall increase of 1.48%. Questions on that budget?
Okay, we'll go to the family service center budget. Three different uh categories make up this budget. The central services uh budget, the building manager budget, which is me, um and the building and grounds um operating budget overall. So um in our central services,
we had a 12% uh decrease. Reason for that, we had a long-term employee leave there and majority of that budget is salaries and so that overall budget was at 11%. Uh when it comes to our building manager, that's me. There was a 6.26 26 increase and that's all my being that's
just all salaries there and then um the big the big expense is the fam family service center building and grounds expense. So the utility line is the one I wanted to talk about that we dropped in our courthouse um uh we also did a couple different um lighting phases
phase one and phase two where we retrofitted all the lights. uh in phase one. I I believe I think I aggressively dropped it too much in the last couple years and so I'm asking to adjust that back up. Um I do know that we did a major lighting project this this year
too as well. So um we're going to see savings there, but I I think that 175,000 in that utility line is um going to be pretty close and I'd like to see how that turns out next year. So, I need with all the changing around, I needed I think I need a year to see what that
what that utility line will do. So, as far as revenue in the FSC, uh we have a miscellaneous revenue of $21,45. That's every year we charge the juvenile center for some of the power plant um
costs and also uh some salaries uh a portion of salaries are charged to to James' budget as well. And then um you're going to see we have a slight increase in our rent at $1,254,029. That's coming from our non-county tenants. And um if you remember, we did
pass a systematic increase over the next four years um for our non-county. And you're going to you're starting to see that slight increase there. And um it'll go up a little bit more each year. So you should see um a little bit more revenue there to help offset the cost.
And then um you're show we're showing an actual loss of $53,448. Again, you have an appreciation that we have to recognize and that number is $365,000. It's something the auditors have to recognize, but you know, if you remove
that, you actually have, you know, closer to $138,448 loss. Um, I'm hoping between the next four years Oh, go ahead. Yep. >> I lost track of where you're at on that budget. >> Uh, page 65. >> Oh, I'm sorry. Yeah. Yep.
>> Yep. Page 65. Uh, down at the bottom. >> Okay. >> You you're going to see it shows a loss of 503,448. Yep. >> If you look If you look up a little bit a little bit more, um, you're going to see depreciation line there and that's $365,000.
So, we have to we have to recognize that from the auditing world. I don't know too much about it, but that's something Lori plugs in. Oh, go ahead, Kevin. >> Yeah. So, the so the question is when you when this is calculated for the levy,
is it calculated in with a $53,000 loss in that building that goes into the levy? If so, we're levying for depreciation. >> I don't believe we're That's the levy side. >> Yeah. So the the family service center is is not part of the levy. It's
considered a uh like the juvenile center, >> but if you lost money, you got to >> Yeah. The the other thing there too, um, Commissioner Campbell, is we have an actual operating cash of 1,74,000, and that's where that loss would come
out of that. We've we've had, you know, a running plus in that budget, >> fund balance, >> fund balance in there, and that's where that comes out of. So, so that loss wouldn't come onto the the levy side. So, so with that, um, any questions for me
on either budget or >> it comes off the fund balance. The fund balance is levy dollars that weren't spent from the prior years. >> No, it's it's operation. It operates as its own business. And so, when the when there's years where there's a surplus,
that goes into its own own fund. Yeah. >> But yeah, we hope to make our way towards breaking even on that building. It's never been a building that's made money or it's been it's always had a little loss over the years I've seen. >> Well, that's that's that's the point
that I always remember that thing is, you know, wasn't until recently that we we've been breaking even in that building. >> Yeah. Yeah. And so going back to Commissioner Bearer's question, how do you um if you if you've we're consistently
losing money, >> and I I say that, you know, it is what it is. >> Y >> um but if you're consistently losing money, >> where does that come from to to make up for that?
>> Yeah. So we can have we can have greater detailed discussion in our in our update. When you look at your fund balance document, it kind of lays that out, but we can have some additional conversation then. >> Okay. >> Sorry. with the board
again because I I look at page I look at page five and you know um I I it's calculating 365,000 depreciation in there is uh which in
essence gets you to a negative balance. I I I'm a little confused on And I can I can talk. >> Yeah, we'll have later. That's fine. I I question it.
>> Any other questions from for me? >> Everybody good for now? Go ahead. So, what is the total increase you're asking for all of your for your complete department? >> Uh, it looks like we have about a 3%
increase on our salaries for our um main salaries and I think we're at 11% increase for the the variable hours, which is a lot smaller. So, and that's all I guess colon steps and everything.
So, no new requests added or asked for me. Your your increase is strictly on labor. >> Yeah. Right. Oh, good. Ezra. >> Yeah. All right. Thank you, Joe.
>> Okay. Thank you. >> All right. Next, we have our uh Brian Melton for our attorney's office budget. >> Thank you, Mr. Chair, commissioners. uh thank you for the opportunity to uh submit the county attorney budget uh and
go through that. Uh I don't have any I don't have any new uh requests um other than and you'll I'll point it out within the budget than the Axon justice uh software that I'm uh already been authorized for that's in the budget and
identified as as new. Um otherwise u increases uh primarily are just what we've talked about from other budgets the uh cola step increase piece um where it may have increased with insurance and then some software uh pieces that we've
seen but also talk about trial prosecution uh budget um and travel expense that has gone up a lot because of certain um bigger cases that we've tried. So I think just uh starting off in the top of
the budget u we're not a big revenue uh producer as you know um we uh the primary uh one is refund uh that we get that's a formulated uh piece that comes from Lori that's uh primarily from work that we do with social services. Uh so
that's the the revenue side again uh salarieswise within the county attorney budget um cola and step uh with any of those uh the new PFML uh line that's in there. So the printing
and publishing line as you see uh if you look back to to last year u highly higher over we're working to increase that one. Uh, I went up a $1,000, but I'm going to probably have to push that higher. That's primarily our uh West Law
research. So, that's using that's what we do daily to research legal issues and writing briefs, that kind of thing. Um, so that's that's definitely been over. We're going to have to look at that maybe a little closer, but that's where you see that from last year. Uh, 6246
trial prosecution. If you look at 6246 and 6331, I would tell you that primarily they are go together. Uh you can see from last year our increase or our
overage uh was due to some largecale cases that we had. Um you know so we budget trying to you can see two years back we were under budget uh last year over budget. I would expect likely we'll be over budget this year, but with that,
that's always one of those things you're trying to regulate the best you can. I I think increasing it by a thousand is appropriate and we'll just have to kind of watch that closely year to year and see where we're going and if you know if we're seeing more and more of those bigger cases. That travel and expense I
would say also goes with that trial prosecution and those overages are largely related to having to pay for travel with expert witnesses that we may have or out of state witnesses. We had some different cases where we had some people out in Michigan uh in Arizona
over last year uh and this year we've had a couple different out of state witnesses that we have to produce travel. our computer software uh line 6404 continues to increase. Uh so you see that increase as well. And then 6820
uh I Lori and I talked about that's that 36,000 that's for Axon in the future budgets that'll go up into computer software but I did want that just itemized this year to identify that that's the that increase which is shown as 100% change is the new Axon justice
which I think will be we're just starting to implement that and we'll go live August 1 with it. >> One question there. >> Yeah. Wouldn't we reduce the computer software some of that? >> No, not the the computer software.
Primarily that software is the um uh my MCAPS, which is the Minnesota County Attorney's Prosecution software. That's really our database software. So we went paperless and got rid of I mean our paper reduction went down greatly but our computer usage obviously and you
know now taking computers into the courtroom that's our those are our files now so that's that software that keeps being made remade you know increased everything else that's our primary database software that we use >> then this new one that's coming on for
36,000 I thought we were replacing that with some old stuff that we were using >> I think you'd have to look at Rory's and talk to Rory about storage that that storage component that we have. Uh whether or not that's repurposed in some way or reduced down, I'm I'm not sure
exactly, but I that's where that would come off of came out of Rory's that's now in mine specifically. >> All right. >> Any other questions regarding uh mine? If not, so we're looking at about with with the increased change with the new
software an 8.34% increase. And if no other questions and I just move to victim uh services uh portion of of my budget. Um we do have the grant uh piece that's coming through uh for
restorative justice, a two-year grant u that's that's listed in there. um as well as some other grant the other grant fundings that we get um that would show towards the um revenue side. Again,
no other um no other requested increases or changes uh other than uh step and cola uh in regard to those uh salaries. Um and then primary the that's 6271 on
the bottom. That's the grant side of things that aren't going into salary, uh, such as our stat statistics piece that we're paying out to use the grant money up or monitoring some of the RJ things and and, uh, some other trainings
that we've used within that. So, that's what those are budgeted for. So, it shows a 10.96 increase, but I would just say that I think a a goodsized portion that although there's changes to the uh with cola and step, some of that is just
included within the uh payout of what we're getting from the RJ grant and what we're paying out with the R.J. grant. Otherwise, I don't have any other information really to highlight on the victim service side. subjecting
questions. >> The salaries part-time on that one. Did you mention that? >> Correct. We're paying a a part-time salary out um within that budget. So, there's there's different components that went into that or excuse me, within that grant. So, the grant uh went to
some training uh went to statistics uh person that we're paying to to try to track and see if we can identify that. And then there's a part-time uh individual who's included in that for two years,
which I think is largely what would show or why some of that increase is showing in there. Um but again, that's that's grant funded for two years. And then I it sounds like that grant will come around again in approximately October, November, and we'll apply again to see
if we can get grant money again. And if not, then we'll expect some of those services obviously will go away. We have our full-time RJ individual who's who is a full-time employee, but the the other added pieces that helped with some of the out of county stuff or outer county
smaller towns, some of those things may have to go away. There's any other any other questions? >> Thank you, Brian. >> Thank you all. >> All right. Uh, next on our agenda, we will have a
county 20 27 preliminary budget presentation. Uh good morning uh Mr. Chair, commissioners. See if this is any better. That one seems to be quiet this morning. Uh this morning we have a really a twofold
update. Uh one, uh we're going to be providing a one of our quarterly financial updates. uh where we're going to be addressing the 2026 budget expenses focused uh to yearto date uh going through June and we're also going
to be uh looking at the 2026 sales tax figures and although you haven't heard from all of our department heads um to this point we're also going to provide you the first look at the summary of the 2027 tax uh levy by funds uh and ex
including the external requests uh that we have uh have had from from some entities. Uh as uh as you are aware, you guys did make some decisions or recommendations on on uh two areas so far in fin in uh excuse me in highway.
Uh you requested that $200,000 uh from the striping budget be be shifted or removed this year. Uh and you also have discussed uh removing the market study uh from HR's budget uh and utilize fund balance for that cost. And
so those have been removed as part of as part of your uh presentation this morning. And lastly, we'll look at the fund balance document ending in 1231. Uh we did look at that earlier this year, but there are uh just some minor adjustments that have taken
place. So, as we go through, if there's any questions that this board has, uh, please please make sure that you let me know and we'll try to answer those for you. The first document that we have, uh, again, is our halfsent sales tax. Uh, as you recall, uh, just for the
public's knowledge, this halfsent sales tax was voted on, uh, by our citizens to approve a halfsent sales tax for our correctional facility and law enforcement center. Uh, we have uh, initially had anticipated 1.6 six million dollars to pay for pay come out
of uh come out of the halfsent sales tax and as years have gone on we've continued to see increases uh in that sales tax uh it's somewhat plateaued now but it's allowed us to not have to levy any funds uh at this time towards uh the repayment of the bonds uh for the law
enforcement or correctional facility as you can see uh in 2025 2026 far column on the right uh we were continuing to the uh caps and sales tax collections at or above. We did have one month where
we were roughly $5,000 $5,000 under uh the collection from the previous year. Uh but uh in all of the other months, we we've seen slight increases uh to increases up to to roughly 20 $20,000
more than last year. And so again, uh the recommendation to the board would be that we would continue to not uh utilize uh any levy dollars to to make the repayment uh that the halfsent sales tax funds would be sufficient uh to make the required payments uh for uh for those
two facilities. Any questions on that document? >> Can uh can we get the um remaining debt schedule on that bond? Sure. Yeah. That's >> uh so we know have an idea
on what our total financial commitment is from this day forward. >> Sure. >> Both principal and interest. >> I actually have that worked into this spreadsheet already. So I just didn't print it out yet. >> Okay. And then and then um and also what
portion what funds are we obviously we're collecting more than our annual payments are right. >> Correct. Yep. >> So how much do we have set aside to help that already have set aside to help cover that remaining
financial obligation? I we don't I don't need that right now, but I it'd be nice to have that moving forward. Um it appears to me that we're going to be sitting just fine with >> we actually have about $6 million in the
fund right now. >> Six million in the fund. Okay. Yeah. So that's good to know. And then and obviously that in does that are the interest that we earn on that is is that are we able to use that for other things
or is it is that is that obligated for >> actually we we're just we don't set aside anything specifically in this fund for that in the beginning in the construction funds anything that we had in our bank was specifically allocated towards that building fund. >> Yeah.
>> But this is not at the >> Okay. So, so on the $6 million that you have that we have in the bank, that's for the purpose of paying for this. That's earning interest. >> It is earning interest, but it's going into the general fund. >> That's exactly what I want. Okay, that's
Thank you. >> And do we have that amount? >> We have six $6 million. >> No, the amount of interest >> I don't I don't I don't keep track of that separately. >> We have She has a lot of interest, you know, other than just that $6 million. This is just part of our general fund,
our overall treasures cash balance. >> Lori, I guess I just didn't know if the law required that that interest on that money had to go towards >> No, not not for these funds. For the construction funds, yes, for these funds, no. >> Okay. All right. Very good. Yeah. I I
guess I would just like to be able to see, you know, what is the remaining debt? Then you subtract that $6 million that you have. This is how much we still need to raise in how many years. >> Right. I I actually have that in a spreadsheet already. So, >> thank you.
>> All right. If there are no other no other questions, I would just move to our summary of revenues and expenditures by department document. Uh the first the first page I would like to cover is the the general revenues. Uh excuse me, the gen the general revenue heading on the
on the left side. uh we have uh when we we've on had ongoing reviews with Miss Johnson and I uh you know generally we'll we're 50% through the year based on on this review. Uh when you look at uh where we are from a percentage
standpoint, um there are there's really only one area that uh from a from a department standpoint that we're out of alignment with and that's in uh that is in emergency management. Uh and that emergency management was was uh is out of date due to the retirement that we
had in that department and the payout of payout of that employee. uh because we do not as a county do not u plan to budget or budget for for those people retiring with with banks. And so that's the difference. Uh we also have a
couple different areas that are 100% as you recall. Uh there's different payments that we make uh to both uh to both uh of our excuse me to our non-county entities uh that that come out at at a one-time payment. And so
you're going to see uh different or multiple times per year. So you're going to you're going to see some of those that are 100% or in a higher higher range. Uh and that is attributed to the time that we make those payments. Again, our focus generally is is all on expend
expenses here. Our our revenues are generally anywhere from six to eight weeks behind. Uh so it doesn't provide a a true uh true ex uh explanation of where we sit sit there. But through our review uh of uh this first document, uh we we don't see anything of concern. uh
from budgets. It appears that our our departments are are meeting the expectations uh of that of what they've set for themselves. With that, I'd yield for any questions on this this page. >> We only pay that out at the end of the year. And so there's actually a reversal of a
journal entry there. That's why it's a negative amount right now. So, but we pay those out in December and so we only pay it out once. >> Most that has to do with the abatement program, right? >> Yeah.
Well, the you have the Greater Fargo EDC included in there, but I think for 2020 six, didn't we have 10,000? >> 10,000. Yeah. So most the vast majority of that would be the >> is the abatement. >> If there are no additional questions
there, move to the the second page. Road and bridge is the first first area uh on that list. Uh again uh very similar situation of what I just explained. uh most of the uh most of the expenditures
for uh for these each of these areas are within a 50% a 50% time frame unless there is a one or multiple time payments uh for for your as we reviewed this document this week again uh we had no no
additional concerns from a from a a expenditure standpoint and where we are from the budget with that I would yield for any other additional questions here. I think that uh if if there are no additional questions, I think that uh as
we as we reported earlier this year during our update, I think that the county uh appears to be in a strong financial position for this uh this year with no uh no concerns at least at this point halfway through halfway through our budget cycle.
All right, the next uh the next item uh that we have before you is a summary of the 2027 tax levy by funds. Uh again, it's been our practice here at Klay County. This uh this document right here, uh it's been our practice to uh
bring you uh essentially a a I guess unedited version of just how what the requests are. As I mentioned earlier, there have been two changes uh both in the highway and and the HR market study that has been adjusted from from this. Uh again, you have not received all of
your all of your updates uh to this point from your uh from your departments, which is consistent uh with our practice in past years, but uh again, wanted to get this in front of you. Historically, uh we come out in between anywhere between 8 and a half
and 13%. Uh to give you some context, last year when we started, we were at about 12.75%. Uh and so if you take a take a look at the general the general reserve fund uh the proposed proposed amount currently
sits at 32,655,99 uh or a 10% 10.02% increase over last year. Uh if you recall, the board chose to utilize $1 million $1.5 million out of uh the reserve fund uh this this year uh for
this year's budget from 2025. Uh and so that is not captured in that 29,682,280 uh from 2026. Uh and as we shared during our during our intergovernmental retreat, again give or take the number of employees that we have our cola steps
and insurance are equivalent to about 6.4 excuse me 6.55 uh percent. And so I think the benefit the benefit that you see is one of the benefits that you see here is as as we've discussed as a board and you've
provided directions to our department heads and and administration uh that we would we would look to tweak our budgets and tried to decrease if you look at the combination of of the levy money that was provided or the money that was provided to the levy from the reserves
uh and the cola steps and insurance that we see a see a decrease in water staff are asking for in the levy. Uh Ron Bridge, again, this is generally an in-n-out. The the Ronen Bridge has $400,000 that goes uh uh for the levy
annually. Uh our five-year plan is paid for with those funds, but also both state and federal dollars that we receive. Uh and so again, the road and bridge fund is is we have a pretty large uh pretty large uh construction season
next year. And so that's where we attribute that increase. A building fund that goes to Joe to take uh take care of some of the the carpeting and paint issues uh that we have within within the campuses. Uh also our library uh our library amount uh the request this year
is $382,220. Uh that is up a 5.38% increase from uh $362,690. Uh again we will be having the library in here during the budget season to to present their budget but that is uh
where the request is at. >> What are we mandated by? Uh so every August 1st we get a we get a statute requirement uh of where that is at and so we'll know exactly what that is. >> Uh it does I think uh I think I reported last year it was right around $222,000.
Um and so we do pay more than what the state requires. Uh we have debt the next two items are debt retirement. debt retirement on on the uh the DMV actually dropped to
66% uh to $550,227 and then our our debt retirement on county projects uh had just a slight increase. They all as was mentioned earlier come from our schedule and then the proposed 2027 cost would be $526,812.
The last item, the last item on on this category is social service uh fund. As this board is certainly well well aware, you've had multiple conversations uh over this year and going back to last year on some of the shifts uh that have happened both from the state and the
federal government. Uh and so we are looking uh at a a proposed increase of 15.54% after the adjustments that have been made by Quinn and his department. Uh the proposed is $18,360,154.
And just for some additional clarification, uh that that includes both a SNAP the SNAP penalty that we are potentially looking at, the SNAP administrative fee that were both brought on by HR1. Uh the LTSS increase that Quinn highlighted unfortunately
during the last board meeting. uh uh that we were in a certainly a stronger position in there, but that was over $500,000. Uh but just uh again, Quinn has talked about this, but this does not include any funding currently for the African-American family preservation and
child welfare disproportionality act or the act as we we often talk about. And so um he has he has shared shared that in his in presentations, but again just want just want the board to be aware. And so from a from a levy standpoint, uh
that a tax levy of 58,817,6 within that uh there are two renew requests. I know that the board has has asked our departments over the last two years to limit the requests. Uh both of the requests this year, if you take a look on on this document, um are coming
out of the sheriff's department. Uh the sheriff is requesting an additional deputy uh at the cost of $84,100. I believe the sheriff's going to be here next week um to to present his budget. Uh and then they're also within the correctional facility. They're looking
at adding uh an additional position. I believe it's a sergeant position. Uh and that total cost there would be $81,342. And so as far as new requests go, um that is our that's our total ask that
sits in the budget as we are uh where we're at today. Any questions on the new requests? If there's no more questions, that brings our total levy up to 58,982,448. um minus our county program aid. Again,
uh the same uh same timeline as we discussed earlier on the the library uh library requirements, we will know August 1st uh or by August 1st what our county program aid for next year will be. Uh we've just plugged in the number that we had uh in there for last year
just for context. Um the legislature did not increase or decrease uh that uh but um a portion of our county program aid is also based on a formula of need. Uh and so we don't know we don't know what that is yet. So there could be a minor adjustment either up or down to the
county program a but again we'll know August 1st uh and I'll let the board know. So from that standpoint, if you uh you remove uh the proposed or the estimated county program A, that would give us a spread levy of 53,457,853 uh or an increase of 13.06%.
Uh when we look at the new construction uh that uh that the county has had over the last year, we're looking at a decrease then of that of 1.04% 04% uh or a net levy increase right now as we sit at 12.02%.
As I mentioned uh we certainly know that uh that this is not anywhere near where the budget the board wants to be from a levy increase percentage. Uh again, it's been our practice just to bring this full dollar amount and and percentages to the board uh as the first look uh and
then uh we go that go from there from the standpoint of of direction from this board of where you'd like to go. With that, um I'd yield for any questions on the tax levy by funds. All right. If there's no no additional questions, I'll move on to to the fund
the fund balance document uh that uh that you guys have seen uh before. Again, as I mentioned, there are some minor adjustments uh that uh that have taken place uh since we we talked about this in May or April. uh and and so I'll just uh just pro provide just an
overview again. Again, the general reserve uh saw a fund balance increase of 220 million8 or $581,152. Again, a significant portion of that was
a market value adjustment on our investments. As we've spoken uh several years ago, we the market took a qu we our investments took a hit in the market. we did not sell those and so we're we're seeing those increases come back on paper. Again, they're only losses in the event that we were would
have sold uh sold that and so we had additional uh additional funds increases from the jail. Our DMV uh the investment that you've made uh in in the staffing and the resources there continue to see increases in the number
of u citizens that we're able to uh to process and meet their needs there. And so we've uh we've seen an increase uh in there. The jail has had some had some outofcount non-member uh rates that also increased increase there. So are there
any other items there? I think those are the the main the main areas. So as you take a look at again we saw 2.4 million increase there. Uh, and within the general fund, there's $12,964,656
that are unassigned. Now, that does not necessarily mean cash. Um, but but it uh it is the unassigned amount that's listed in there. >> So, one question there for the jail, that $6 million that would be assigned money, correct? Would that be in that
general fund? >> No, that's not in the general fund. That's actually a separate fund. >> Is it on this paper at all or No, >> not on that paper. the interest on this paper then >> the interest would >> interest is included in the general fund >> in the general fund. Yes. >> And do these show the numbers after we
took the 1.5 million out from last year to fund this year's so this is >> well it that comes out this year. >> So no that that does not show this >> correct >> but the 1.5 was taken out from the previous year.
A million dollars was budgeted in 2025 to be used for >> 26. Uh >> no, in 25. So we had expenditures over revenues budgeted of by a million dollars in 2025. For 2026, we've got 1.5
million budgeted expenditures over revenues. So we've budgeted to use fund balance if possible. >> Where do we where do we take when do we show that on this paper? Do we take that money right away at the beginning of the year or we slowly take it out throughout the year? >> Well, it's it's not a fixed number. It's
we've budgeted to use that number, but if we don't spend that, we don't take it. So, it's not like a journal entry we make. It just is at the end of the year, then we figure out if we've got revenues over expenditures or where we end up and if we needed to use that.
>> Any other questions on the general fund balance? But to follow up with that, you just showed us how the cash flow looked at this time, right? >> Yeah. So the the fund balance is a snapshot at 12:31,
>> right, >> of every year. Yeah. And that that of course fluctuates I think Miss Johnson has talked about in the past, you know, we get to the point where um you know, we have a limited cash, then we get our taxes in and we're then but a lot of that money comes in immediately goes
out. Uh and then so we're we're constantly riding a wave. Um >> can I just ask for clarification again on on this $1.5 million? So when back in
2025 when we were doing the 2026 budget, we looked at we always look back at what the previous year's revenues over expenditures were. So, so we took um we took money from revenues over
expenditures from 2020 year in 2024 and applied those to 2026. And so when we do so when we when we were in 2025 or now that we're in 2025,
we don't estimate revenues over expenditures for the current year. We look back, we'll look back to what the revenues over expenditures were for 2025. >> For 27, we'll look at 25. >> Right. Right. So, >> yeah. I just want to make
>> Do we know that number of 2025 yet or? No. >> Well, that's what this number is. >> That's what the 2.4 million >> 2.4 million. That's the 2025 number at this time. There may be small adjustments, but it should be pretty solid right now.
So that's the number we look at to to determine whether we feel comfortable using fund balance in the future. But again, because I always ask the question, you know, when we do when we do our budgets and we're
preparing our budget now for 2027, we're not budgeting for a surplus. >> No. >> No. >> Right. We're not budgeting for a surplus. So when we get a surplus, you can you can look at it two ways. We overcharged,
>> right? Because we didn't need it. Or or we just anticipated wanting to have u additional money put into our reserves. If that's the case, that should be a line item that would show that. >> But we don't do that.
>> Yeah. We Right. We we we don't do just as a matter of the departments watching what they spend. You know, in the federal government, typically if they get to the end of their fiscal year and they've got money left, they go ahead and spend it. That's not how we do it in Klay County,
>> right? >> It's like you only spend it if you need to spend it, >> right? >> If you have extra money left, >> you don't go and spend it >> because you didn't need to. You only spend it. Then but then again when you take a look at when you take a look at our budget process Lori though we we
never we never budget based on for example we don't we don't budget 2027 based on actual 2026. We budget 2027 based on 2026 budget.
>> No we don't. We based it on we base it on actual 2024 actual 2025 and year-to date actual 2026. That's how we budget. >> But when but when we look at our percentage increases >> Yeah, that is
>> we compare percentage increases based on the 2026 budget versus the 2027 budget. >> Yes, that's true. But that's not how we determine the 2027 number. We determine it by actuals. >> Okay. We always look backwards
the first the two full years that we have and the current year that we're through to look at what we're actually spending and that that ch budget change is that is based on the previous budget but not that's not how we determine the new budget number >> and I and I and I and I that's great
>> but the fact of the matter then is I I firmly believe that we're actually then having a higher percentage increase than what this is showing because if we've if we've consistently ly in these last few years had revenues over expenditures and and we're we're projecting our
budget based on actual and but but the budget shows 12% net this year over last year's budget and last year's budget we didn't spend at all. So the increase is
actually even higher. Well, what we've um when we look at why we have this increase, 1.2 million of this of the 2.5 million is on paper. It's just that that market value adjustment for investments. So that's 1.2 million of it. And then if
you look overall at all the employees that retire >> Yeah. >> and and the decrease and the if they change. So you know a lot of it is that salary budgeting. So if we wanted to budget, you know, and short our salaries budget. >> No. >> But and we do it if we know it.
>> Yeah. >> So if we know somebody's retiring, we do make that change. But if we if we don't know somebody's quitting or retiring, then we budget for the full salaries. And that's where that largest amount comes from. >> You know, and I think when we look at
our budget, so when you look at counties holistically across Minnesota, counties do one of two things. They either they either use fund balance like this board has chosen to do going back probably the last 12 or 13 budgets or they they look at budgeting two percentages of
anticipating staff turnover and gaps but they don't do both. And so that's I think kind of what you're talking about. >> Can you explain to me this market value adjustment? Well, in 2020,
we had a market value adjustment the opposite way. So, we actually had a negative interest revenue, a substantial like $3 million, a huge negative amount in 2020 when the value of the all investments just dropped. Well, now as
time has moved forward, now the value of our investments have increased again. So, now we're recognizing to get back. So, we'll just say we had a $100,000 investment. It was valued at 93 93,000 in 2020. So,
we had to decrease our interest revenue by that 7,000. Well, now those are creeping back up. So, now they're valued at 99,000. So, we've slowly recognized that increase. >> That's why I was wondering, how could you how could you ever have a market
value loss unless you're in the market? We're not in the market. Right. >> These are just the value. We have a market value of our invest of our investments and their CDs and stepups. Uh that's what that's the only thing we're allowed to have. We're not allowed
to have >> That's my That's my point. So So you really don't lose money. >> You don't? No. Because we we don't sell these, right? >> If we would have sold them in 2020, then we would have actually lost money, but we don't. It's now we're slowly g gaining that back every year.
So I don't necessarily agree with having to recognize those. >> I don't agree with it at all. >> But >> is that is that mandated by the state to recogn >> that's Gazsby >> Gatsby rules? >> I mean I can certainly understand it if we're if we're if we were investing into
the stock market because then you're subject to whatever that market does. But when you're, you know, even a I remember years ago what was called the 4M fund or whatever. I don't that was a government place where you could
>> we have magic. >> Yeah. Magic fund. Yeah. But has the magic have we ever lost money in the magic fund? >> No, not right. >> Not not real. It's only on paper. >> Yeah. Okay. And I think to your comments, and we've
talked about this in previous discussions, but to your comments in in this budget, the only two items that that we could say that we're funding for a surplus would be in our capital improvement plans, right? And this board has utilized that uh for for each of the departments to save for larger capital
items annually. Uh so subsequently it's a it's a cost uh I won't say it's a cost savings per se but it it helps the fluctuation from of the of the levy to not have to say okay we need a $1.2 million B magg this year and all of a
sudden it shows up in our budget. Uh and so that's that's one area that we do we do plan ahead for. And the other piece right now is currently the insurance. We put $250,000 uh for um whether or not we've t we've talked
about in the past of when we not uncertain of what our next next item is going to be uh next contract or if we were looking to self-insure at some point. And so that that is that also $250,000 is included within this budget.
Um if there's no other questions in general fund road and bridge again this is an in and out a lot of times uh we we showed that a loss but as we talked about earlier this year a lot of that is based on uh federal administrative uh costs or or repayment from the federal
government for projects that we've done. Uh and so while it shows a loss, we're not we're still um going to be receiving dollars that will impact that. Uh social services uh again we saw a decrease here
uh from 11,772,123 to 10,22,854 or a decrease of 1,569,269. Again, as Quinn has shared, a majority of that was about 1.1 million in auto placements. Uh, and so that was an impact. And also, uh, a significant
portion of that also had to deal with rule five youth, uh, that have significant mental health, a lot of them that are are connected to uh, psychiatric residential treatment facilities, and then also federal administrative decrease were the were the main items uh, in in that area. So,
one one question there. We're sitting on unassigned about 11.5 million. Correct. In that account in social services, >> it's actually assigned to social services, but that's it's not reserved or designated. >> I mean, can that can that pay for all
the SNAP and all the stuff that state and feds have pushed down to us in social services? Is that >> I think as a board you can choose to do whatever you would like. um you know from time to time when we utilize uh you know uh two years ago I think we did 8
1.85 million we had a million from general fund we had 250 from from >> 350 >> 350 social service and 250 for public health and so I mean as a board you can choose to take take that wherever you'd like. Uh again, one of the things that we always want to be cognizant of from a
from an audit standpoint, uh in order to keep our bond rating the way that it is, we're they need us to have a certain dollar amount or would like us to have a certain dollar amount uh in in reserve. Um but uh as a board >> total dollar amount or each department to have a dollar amount in reserve,
>> it's it's broken down into the reserves and then the individual individual depart or departments. Yeah. Um if there's no additional questions, moving on to building. Uh again, um Joe has two different funds, fund 13, fund
19. Uh and uh again, one's utilized to uh to do like some small projects like carpet and paint. The other one is to do projects uh within the facility, not necessarily within people's budget. Uh and so as we sit uh sit there right now,
we saw a decrease uh of $120,647. Uh again, that uh those are some of the building projects that were we discussed as far as uh probation um the adjustments that we made over at the family service center uh in the last
year uh to cover those costs. And so there there uh there we sit at a fund balance of $13,398. again that gets replenished uh each each year uh with with a certain dollar amount. Um but that's where we sit
today. uh internal service. Again, uh as I mentioned earlier, this board has made the decision to uh to se selectively have counties or excuse me, departments within the county save fa save dollars
annually or each year uh for a portion of of large purchases uh to minimize the fluctuation of the levy. Uh and so right currently, this is a combination of everything. We have 13,594,691 in. Uh again, we've made no significant
purchases to this point. Uh but just as a a reminder, an example, uh I believe that uh Justin will be here later this year for some uh for some equipment that uh that costs about $300,000 a piece. Uh and so it does uh again, it's a benefit
from that standpoint. appears to be a large amount of money, but it also uh also goes to to limit our levy. I also think it's important to note that when we go through our audits, uh the county auditor, state auditor also includes this dollar amount in order for us to to
get to that six-month six-month uh amount that they like to like all of our departments to have. >> Uh public health, >> one one question for internal service, what is the amount that we levy for that every year? We don't levy anything specifically for
that fund. We le we levby line amounts within each department that then that that line amount is based on >> the depreciation schedule plus a 3% cola is what we've been recognizing >> for for whatever equipment they have within that department or the replacement of each specific piece of
equipment. >> Okay. >> But going to Commissioner Beer's question, you we could probably you could probably tell us how much is act How much that transfer >> countywide? >> Absolutely. >> Is being invested into
>> I don't know what it is off the top of my head. It's like >> $3 million. >> Yeah. >> No, it's not that much. >> If you could give us I assume that's pretty easy to >> pick out that information. >> Oh, yeah. No, I've got it on a >> Yeah.
>> on a spreadsheet in my office. Yeah. >> All right. to public health. Uh we did see a uh see a increase here uh from from $18,711,753 to $19,462,865 or an increase of $751,112.
Um again, I think we've shared in the past that starting next year, detox will not be a part of this. Um but uh but currently uh currently detox is is included in that and that's where you see a you saw an increase in 2023 of 5.9
million. Uh in 2024 there was an increase of of 8.86 million uh based on based on the construction project and uh that's attributed there. >> I have a question regard public health.
A lot of their dollars are brought in by grants. Those grants build this number, don't they? >> Go ahead. >> The biggest portion of this number is the building that we just built. >> Oh,
>> that's that's what the biggest portion of this. And when we move detox out of there, that'll drop drastically for the at the end of 2026. >> Okay. Okay. Then do we know what that's going to be roughly? again back at my office. >> Okay. Maybe we should uh I think that
would be helpful. >> Sure. Yep. >> Will we be creating a separate enterprise? >> Yeah, there's a separate enterprise enterprise fund specifically for detoxes. >> All right. The the next uh fund balance
we'll look at is solid waste. We saw a decrease in in uh in the fund balance there from 23,561,221 to 23 million $1,269 or a decrease of $559,952. Uh the family service center, this is
the questions came earlier in our in our board presentations today. Uh we did see a decrease in fund balance in the family service center from 1,666,83 uh to1,575,36 or a decrease of uh $90,777. Again, Lori, the board earlier today had
a question about how Joe's essentially budgeting for a deficit uh with the use of depreciation. >> He's got a depreciation line item within his budget. So, he budgets for that deficit, but again, that's a not a cash
item. So, it's >> not on the levy. >> Correct. And then uh the juvenile center uh the fund balance saw an increase from $6,297,890 to 700 or 7,683,920
or an increase of 1 uh $1,386,030. uh again enterprise fund uh there and is a part of our part of our multi-county juvenile juvenile facility. And so with that I would yield from any questions from from
the board is the um this whole deal especially on these enterprise funds it's kind of it it can be somewhat confusing. For example, when we talked about the public health and it's sitting there showing 19 million and and of course part of it is that building
um you know and in the family you know in the family service center we're we're down to $1,575,000 in in that account. Well, if you include the building, um,
>> and the reason that's low is because the building is depreciated out, >> right? But >> in fact, >> but in fact, it's >> still there and operating >> and it's worth more than $1.5 million. So that's that's where this is kind of
these enterprise funds even the so on the juvenile center how much of that is still attributed to building value versus funds um built up cash funds built up >> I don't know off the top of my head but
I'm guessing it it looks like it would be about four million or so just a guess though. >> Yeah. So when we're trying When we're trying to look at a from a budget standpoint on annual
basis based on cash needs, we have we have in some of these funds building values that can skew what we're looking at in terms of what's real available money versus what isn't,
right? I mean it's >> Do you have a document that shows what real money we have that we have access to real money? >> Yes, I do. >> What can is that on this is am I missing it on this piece of paper or no?
>> Well, right now we have at the end of at I I just printed off at the end of 2025. >> Yep. at $72 million, but five million of that belongs to school districts and municipalities.
And then we don't collect any tax dollars for until May 15th. And so we have we have to spend all of make most of our expenditures all of our expenditures in the general fund through that using those fund
balances as well as the other funds. Although some of those do get some state and federal grants, but the general fund. So, we have we have to have a a decent reserve so we can spend that first half of the year from those cash reserves. >> What would be interesting to see is what what that number that Commissioner Bar
asked what that number looks like at right on May 15th before collections come in. >> I can I can print one at the end of April. >> There you go. Well, that would be close. That'd be close. Right. >> That would that would that would be more that would tell us more than anything because you'd basically be saying,
"Okay, we you know, we've completed all of our financial obligations for close to the first half of the year or based on when the collections come in." >> Yep. I can uh I can print off the end of April and see what Okay. >> You do the end of April and the end of
September, whatever. I If you can do both those, that's >> Yep. That would be more telling than December 31st, >> right? To me, >> and we've got about about $20 million in investments on an ongoing basis in the general fund, >> right? Yeah.
>> About 20. >> And those you don't want >> could be part of that 72. >> Correct. Yes. >> But that that those that's not liquid. >> No, I know. But but >> but it could be liquid. >> Well, you could be down the road. Yeah. I mean, down the road as CDs expire, >> right? >> They could become liquid. I mean, you
could you could make them liquid, but then you might not you might lose all your interest. >> You'd be penalized and and you'd be selling at the current market value, whatever that is. >> Yeah. But >> so could be a double hit there. >> It' be good to know that those numbers
>> good conversation. >> I haven't heard any questions like that since for a long time. I'll put it that way. That's good. Uh Mr. Chair, that that concludes our our our formal formal presentation. If there's any additional questions, happy
to try to answer them or get them to you at a later later time. >> And Lori, you do a fantastic job. >> Thank you. >> And now we have this problem on our hands.
So, >> we'll do our best to prepare for the new person. I'm I'm hopeful that you will be you'll be a very important part of that process. Thank you for all that you >> Yeah. Thank you so much.
>> That it good? >> Yeah. I got >> Jenny anything. All right. She's frozen. >> Thank you. >> Oh, there we are. >> Her screen is locked or our screen is locked up. >> All right.
So, are we on to our committee reports? >> Believe so. >> All right. Do you have anything you want to present, Commissioner Mojo, on reports or do you want to wait till next week? >> Thank you, Mr. Chair. Just in terms of communication, if you
don't mind, I'll do two reports next week. I'd like to fill you in on the conference. >> Okay, sounds good. Commissioner Campbell. >> All right. I had um the only meeting that I had this last week was the West Central Regional
Juvenile Center uh meeting at which we it's the that time of year where we establish the budget for West Central. And um uh first off, we we talked about the
non-member rate uh that we charge to non-member counties and we reviewed that and um Jason came forward with two higher and a low option. The low option would be to
have it be at $475 and the high option being 500 or $495. And uh the board did approve rate going to a
non-member rate of $495. Having done that, then the um the budget was reviewed and it was approved at a 4.99% increase. Um
and that includes the additional revenue that would be anticipated. uh how what that means for Klay County because all it it that changes a little bit because the way um the way our members are charged is based on a
two-year look back. And so that two-year look back might be would obviously be different than just a 12-month calendar a year. And we did that just to try to stabilize every county from having real, for example, you have Wadina County who, you
know, one in one person in there for six months really changes it for for a county, smaller county like that. And so the two-year look back kind of helped. But even with the two-year look back, well, I'll start with Klay County. In
2006, our share of the total operational cost for that facility was $81,000. In 2007, that number goes to $894,000, which is a $92,000
increase. And that's actually an 11.58% increase. But so again, so then when you go back and you look at the two-year look back based on the num and that's based on the number of each what each county has in
beds in the facility, Klay County's percentage went from 31% to 33%. And so so then you have that increase of 2% on top of that based on the whole
budget cost of the whole operation. And so that that's why the 11.58% doesn't match up with the 4.99 that overall we had as an increase. So because Klay County had more kids in
there, we take a bigger share of the pie. That's basically what it amounts to. Um and and we wanted to make sure uh based on that based on our non-member rate, we count on them for a significant amount
of the budget in terms of revenue. Uh just to give you an example here, if I can find a page that I can read. Um the non the non-member revenue projected for
uh 2027 is $2,500,000. And so we want to make sure that when we incorporate those non-member rates that we don't start seeing that drop because
there are other facilities in the state that they can go to. And and we James also does a really good job in bringing us what those other rates are of those other facilities. And
at 495, we are still below slightly what the highest of them in the state are. But our facility, we keep saying it, our facility is,
I think it's the beacon of all of the facilities in the state of Minnesota. uh we are we have probably the best reputation and of programming for uh the kids and so I think that for that reason I
think a lot of counties are want to see their kids come here and certainly Cass County appreciates what is being done for their kids that come into this facility. So
>> that I believe concludes my report. >> Commissioner Mayor, >> thank you m Mr. Chair. Uh on Thursday, last Thursday, I went to the the chambers legislative preview got the preview uh review. Senator Coopek,
Senator Johnson, Representative Joy, and repres Gander were all there giving an update on how the session ended and a question and answer segment went on with that. There's a very good turnout there. Very much appreciated for those four
people for showing up. And then on Friday, I was at the public health partnership for health community board where we had an update on the vacation home rental inspection requirements that
the public health is in charge of and tailoring that with planning and zoning. They'll be going we approved them to uh start a rental ordinance uh a vacation rental ordinance to go through the channels at Klay County starting with
the planning and zoning and I assume it will end up at our board eventually to have another public hearing to solidify that. Then we had a presentation on incredible minds that is very very
intriguing on how that all works. We also had a dental innovation project update. And then yesterday I was up at Georgetown Township yesterday afternoon with a county engineer and the soil and
water conservation district Tony from that group with Georgetown township and we were discussing some sloughing of some roads along a wild rice ditch and seeing if there's an outcome that we could figure out how to
fix them and finding a money source for that. That uh is all my reports. >> Thank you. Um I'll start out. I had uh four here.
Uh so on on Monday the 14th I had uh I'm sorry Tuesday uh July 14th. Uh I had that evening I had a more planning uh plan I'm sorry planning commission and
board of adjustments. uh mainly went through three things in detail. Uh one uh regarding the preliminary and final plat for uh Prairie Parkway, fifth edition. That's the addition going in
just on the south side of 40th Avenue and kind of in that Good Shepard area town just the east side of that across from Good Shepard to the east to the west. I'm sorry. Got it that way now. And then just south of it is another
brand new addition called the uh Partridge Creek second edition which is going to have about 163 lots and that was a preliminary and final plat amendment uh for that project which passed. And then also we had um uh
zoning map and comprehensive planned amendments um taking place for future builds for Concordia on A Street and 10th and 11th Avenue. More to come on that. Uh
on Wednesday the 15th I had two parts of a meeting with the historical society. Um first was our finance committee going through things current for the year things like u uh what we're projecting to a hair higher which is really
positive. And then the last part of the meeting is uh it's not our biggest for donations but is the biggest for um an event for fundraising. We have our 5K event fun uh fundraiser that'll be
October 10th and we're just starting to throw that program together. Uh last year we raised $3,900 on that event and we certainly hope we can do better on that. We're um kind of growing along the
theme of 250 years and so we're we're trying we had about 120 people last year. Uh goal this year is 250. So uh we're starting early and hopefully we'll end strong and the weather cooperates in
October. Uh on Thursday uh I had a meeting uh early the morning meeting uh with H. they're going to be with us on August uh uh 18th uh for that our afternoon session. So most of this
meeting there there wasn't any discussion about uh their budget. I think that's being done during the next month and that'll get presented to us um uh in August. Uh but we did have the auditor a auditor's report uh came back
the best we could came as modified report with no the plane report with no marked issues. So they do a very good job and uh they have a lot of detail coming that as most of their funding is
from the federal government. Um yeah and their properties um are are are doing well. They've got their vacancy rates are low and they're keeping them pretty good.
So, it's positive over there. Um, that afternoon I had my first meeting chair for uh West Central Minnesota uh EDDD uh which stands for economic development district. Uh it's part of nine county
group. Um main thing we had a presentation by the state demographer on trends and forecasts. Uh really paralleled what I shared last week from the AMC discussion. And I just want you
to know for West region. We had a little tighter on the demographics. Uh certainly clay and otter are the two that are just by resources, size, other things that are uh really holding their
populations quite well. Um a little more toward unemployment rate or undermployment rate, I better use that word more correctly. And um anyway, it was good to see uh more demographics
about how the rural Minnesota area is doing when we eyes tend to hear statewide um numbers that um get I in my opinion skewed by the metro area. Uh we had I want to talk briefly. We have a loan
loan revolving fund that we uh reup and um that we renewed for one more year in 29. And these are small business loans, EDA loans that can be used for infrastructure or other more tangible
needs uh within an oper office operation or community. Uh last year in the fund we had um 43 loans that had added up to about $3 million that were put out. So that was very positive. And then last on
that we are starting the development of our next five-year economic development strategy and um um we'll get more on that in our next meeting in September. Um a lot more detail on that. And then
after that, I think many of you know Greg Wagner who runs that that ED uh department had a wonderful all fish fry. That's how we ended the day. So it was a good day in front of this fall. So uh
that's my report. Steve, >> thank you, Mr. Chair. Last Tuesday afternoon, I met with Kimberly uh from the recorders office. uh she's brought forward idea of how to streamline some of the work that we do within the land record departments. Appreciate Kimberly always looking for uh different ways to
better meet the citizens uh where they're at. On the 15th had department head annual eval prep. I met with James O'Donnell uh in regards to his upcoming meeting and some of the uh one of the challenge that that he's facing is is some payment from not from the state of
North Dakota or excuse me from the county of of Cass County but uh through DJS. They have a different contract uh with the state probation and they're they're looking to collect some funds uh from 2025 yet. um on met with Justin Sorum on his
annual evaluation on the 16th. Also participate in the chamber chamber event that Commissioner Bayer uh covered. Uh met with Commissioner Kabanoffgh uh on the 17th in preparation of today's meeting. Uh and yesterday morning I
attended the swearing in of Deputy Ortoff. Uh he came to us uh one one out of initially out of probation and then most recently as a deputy in Renville County. Uh and so we are happy to have him on board. I believe that we're fully staffed in the sheriff's department now
after this swearing in. So um yesterday morning I met with Troy Amenson uh just kind of doing a uh around the county checkin uh and uh surprisingly at that point Mr. Robinson notified me that he was going to be retiring. Uh, and so we
will be having a a pick meeting today and then a uh most likely a board agenda item here in the week, next week or so, uh, to address address that. Mr. Robinson's been here for 33 years and been in a variety of different roles here within the county. And so uh, uh,
while I'm not shocked, I was surprised but excited for Troy as he moves on to the next phase. Uh we uh then that afternoon had uh or morning had public health budget which you guys will be uh receiving here uh in the next week.
Again some pretty significant adjustments that that have been made by Jessica in that department. So she'll provide an update here in a week with Brandon. Also had the pre-budget meeting for detox. Uh and just of note I will be uh at the MEA conference uh both
Thursday and Friday of this week. And that concludes my report. >> Thank you. Ryan and behind the podium there. >> Thank you, Mr. Chair. Um, I uh left for the Canadian Wilderness after last
week's uh meeting. So, and and arrived yesterday afternoon. So, I don't really have a report unless you want to know how many fish I caught. So, that concludes my that concludes my report. >> Thank you very much. Anything Sarah?
>> All right. Um, meeting is a journ. Thank you. Part: 2
It is 5:30 and we have a quorum. Like to applaud the USPS. I did get my packet on >> Saturday. >> Got mine on Friday. >> First time. [laughter]
Um so role has been taken. [clears throat] Um so look for a motion to approve the agenda as printed. >> Motion by Dennis. >> Second.
>> Second by Leo to uh approve the agenda as printed. Any discussion? Hearing none. All those in favor say I. >> I. >> Post. Motion is carried. Same thing for the minutes.
I didn't see anything in there that I thought needed adjusting. Dennis is shaking his head. No, >> Travis is nodding. Yes. >> No, we're good. Sorry. >> So, I have a motion from Travis and a second by
>> by Dennis to approve the uh minutes as printed. All those in favor say I. >> I. >> Post. Motion is carried. Okay, we have two public hearings scheduled for this evening. One is a Todd Fuller request for
variance. This is continued from last month. Um the applicant is seeking approval of an after the fact variance to the minimum lot width at the building setback in a shoreland district for an
existing structure on parcel ID 18.025 025 3000 the southeast quarter of the northwest quarter section 25 township 141 north
range 48W Kragnness Township Matt you have information for us or like okay look for a motion to open the public hearing >> motion by uh Dennis Second.
>> Second by Travis. All those in favor say I. >> I. >> Opposed. Motion is carried. Public hearing is open. Take it away, Matt. >> Thank you, Mr. Chair. Yeah, just an update for you on this one. Um, if you recall from last month, really, I think that the hangup was um one of the
requirements for a uh a variance to to proceed is the septic system compliance. Um, we did um Mr. Fuller did work with environmental health and environmental health did go and inspect the system um
and did say that it is compliant. Um they just Mr. Filler just needs to pay his application fees essentially for the uh inspection and then for the actual septic permit itself installation permit. Um other than that they said
that everything looks fine. >> Okay. So the subject system that was unpermitted is does pass. >> Correct. Yep. Yes. Fortunately. >> That's good. >> Yeah. Yeah. So
>> Yep. They said it was Yeah. complied with all that. All of that. So Yep. >> We had some some concerns because they really didn't know anything. Okay.
>> Um, anybody have any Thank you, Matt. Um, anybody have any questions for Matt? Mr. Fuller, would you like to speak? You don't You don't need to. It's not required because we heard you last
month. But if you do, you need to come up and state your name and make sure the light is green. >> No, I have I uh I got the same email that Matt got um today. I actually think
it was telling me to I said, "Yep, I'll I'll go pay it right away tomorrow." Um I >> Hey. Well, I'm really glad that you know the money you had spent the time >> could have went one of two ways
[laughter] and uh that's good. >> Yeah. So, does anybody have any questions for Mr. Fuller? As far as me, what Kent and staff have
said covers the question that we had because we just couldn't prove it. >> It was adequate. Well, you'd still need to go through the still need to go through your findings of fact [clears throat] >> on that um after the public hearing.
>> Okay. Anybody have any additional questions for Mr. Fuller? >> No question. >> Thank you. Um hearing none, look for a motion to close the public hearing.
Make a motion. >> Motion by Travis. >> Seconded by Dennis. All those in favor say I. I. >> Opposed. Motion is carried. Public hearing is closed. Okay. Now find the right.
Here we go. Okay. Now we will uh go through the findings of fact uh for Todd Fuller. The minimum lot width at building line. And as always, you know, a single no means
no for everything. is granting the variance in harmony with the general purposes and intent of the Klay County Land Development Code. >> Yes. >> Is the requested variance consistent with the Klay County comprehensive land
use plan? >> Yes. Does the applicant establish that there are practical difficulties in complying with the strict strict letter of the Klay County Land Development Code by demonstrating the applicant proposes to
use a property in a reasonable manner not permitted by an official control? >> Yes. Exceptional or extraordinary circumstances apply to the property that do not apply generally
to other properties in the same district or vicinity which result from lot size, shape, topography or other circumstances over which the landowner has no control or influence.
>> Yes. Granting the variance will not all will not alter the essential character of the property's locality. >> Yes. >> Practical difficulties as used in connection with the grant of variance
mean the property owner proposes to use the property in a reasonable manner not permitted by an official control. The plight of land owner is due to circumstances unique to the property not created by the landowner and the variance if granted will not alter the
essential character of the locality. Economic considerations alone do not constitute practical difficulties. Variances shall be granted for earth sheltered construction as defined in
section 216 C.06 06 subdivision 14 when in harmony with local controls. >> Yes. >> Would the literal interpretation of the provisions of the Klay County Land Development Code deprive the applicant
of rights commonly enjoyed by other properties in the same district under the terms of this ordinance? >> Yes. Yes. Is the variance being granted the minimum variance that would alleviate
the practical difficulty? >> Yes. >> Does variance request meet all below criteria? No variance shall be granted where any of the following conditions are not met.
adequate sewage systems or water supply capabilities can be provided. >> Yes. >> The plate of the land owner or the hardship is not due to circumstances created by the land owner.
>> Yes. The variance would not allow a use that is not already allowed in that zoning district. >> Yes, >> there would not be significant adverse effect on public health or safety.
Okay. After the fact variances because that's why we're here discussing this this month instead of taking care of it last month because stuff happened without permits. The board of adjustment may use the following standards with consideration to after the fact
variances. Whether construction was completed. >> Yes. whether there are similar structures in the area. >> Yes. >> Whether the violation was intentional or
unintentional? I >> think it was unintentional, but you were say that yes. >> Yeah. I I mean I mean he did there was a license to I mean yes
the benefit to the county of enforcement compared to the burden on the applicant if the compliance were required. He did have the inspection and it does. Yes. Okay.
Conditions. Conditions may be imposed in the granting of a variance. A condition must be directly related to and must bear rough proportionality to the impact created by the variance.
No expansion, enlargement or change in use of the structure may occur unless all the required permits and approvals are obtained. ordering out water. >> Okay. I didn't >> Yeah, Mr. Chair said first attachment. I
have it up on the screen, too. >> Okay. Is there a conforming sewage treatment system present for the intended use of the property? The variance as issued must require reconstruction of a
nonconforming sewage system. and he did have it >> inspected >> say yes but then we go back to the conditions. >> Okay. Um,
no expansion, enlargement or change in the use of structure may occur unless all permits and approvals are obtained. These are recommendations from staff. The applicant must obtain all required
after the-act zoning, building, septic, shoreland, and flood plane permits for the structure, septic systems, and site improvements as applicable. Approval of this variance, if granted,
is limited to the lot width reduction. And >> you want to put the reduction on the conditions >> certainly could >> 250 to 230 because it was 2 >> 229 >> many fee that was
>> and the applicant is aware that you know there's thing hoops you need to jump through yet, fees you need to pay to get what you've got done compliant. And before you do anything else, just make sure you jump through the
hoops. Anybody else have any comments or additions to the >> as long as we have the condition set forth? >> A motion by Travis to with the uh
correction or with the addition with with stating the the with the reduction in from 200 reduction in width. Um do I have a second to this motion?
Motion by and a second by Dennis. Any disc further discussion? Okay. Hearing none. All those in favor say I. >> I. >> Opposed. Motion is carried. Variance is granted.
Thank you everyone. And thank you Mr. Fuller for having Kent out there and and ouror staff and um doing what needed to be done.
Thank you. >> Thank you. Okay, our that's planning commission. Um, our next public hearing is Jeremy Clark request for a variance. The applicant is seeking approval of a
variance to the ordinary high water level setback for an existing septic system at 2218 130th Avenue North, Morehead, 56580. Parcel ID 18 dot
010 3600 in the west half of the southwest quarter section 10 township 141 north range 48W
Kragnness Township. Do I have a motion to open the public hearing? >> Make a motion. >> Motion by Leo. seconded by Travis. All those in favor say I. >> I. >> Opposed. Motion is carried. Public
hearing is open. Take it away, Matt. >> Thank you, Mr. Chair. So, this is a variance request to reduce the setback uh to the ordinary high water level for septic system [clears throat] properties located along the Buffalo River. It's just north of town. Uh zoning little tricky on this. It's uh
agricultural general shoreland uh rivers and streams. There's also floodway on the property, but not in the area where this uh system could potentially go. So, uh it's a single family dwelling. It has an existing system already, private well
and out building. And so, essentially the request is to allow an replacement of a a sewage treatment system and an expansion um from that 150 foot setback. Uh the applicant is going to mo proposes to
modify and expand the system replacing the tank and then there's four uh laterals in the drain field. So adding it need and there's a need to add an additional 200 ft um to that drain field. And so this would be expanded by
adding four 50 foot lines that would go to the west. So this would reduce that current set back from 175 ft to 125 ft. And so it's the purpose is to replace a failing system and then also to ex uh
expand it to account for two additional bedrooms as well. Um and to avoid the existing ring levy and I guess a potential new dyke as well. So this is essentially kind of what the system would be designed to look like with the new um new lines coming off and
extending in this direction uh from the house. And then you can kind of see the dyke here as well. The practical difficulty provided by the applicant was that there's no additional room between the home and the dyke for the additional 200 f feet of drain field
that is needed. Um we did not receive any public or township comments. Um and then just that um environmental health has indicated support for a replacement approach just based on the site constraints.
So looking at our setbacks, um really no variance requested for the tank. It's really just for the drain field itself. Uh and just looking at the well, um I didn't measure that.
And it's well over 120 ft from from the well as well. Any questions for me at all? Bring this up to on our >> Yeah, I guess that would be a kind of an unintended consequence to protect yourself from
overland flooding and now you're constrained. >> Yeah, Mr. Mr. Chair, it's be kind of constrained. Well, yeah, constrained from going alongside to the south because of that dyke. Yes, absolutely.
Yeah. So, you can see much of this this red is all regulatory floodway. Um and then here with the ring dyke ring levy in place. Um this is actually this house is actually outside of the
flood plane completely. Okay. It Yeah. Anybody else have any questions or comments directed at Matt? Thank you. Would the applicant care to come up and speak to your
project? >> Uh, [clears throat] I'm just the contractor. I'm Jeremy Clark. Um, the tank is failing. It's deteriorated, so it needs to be replaced. In what we're doing, we made measurements. The measurements I had
from the county's original asbuilt said 250 ft. It was not. It was uh actually just 175. So the tank is deteriorated to the point where it's considered under the MPC as a imminent public health threat. So we need to
replace that per that. But when the homeowner sold it, he sold it as more bedrooms than what it was originally installed for. And that's where I need to add two extra bedrooms to make it compliant. I was trying to figure out where you
miss in town you can miss this but in the country you can't. >> Yeah. And the the realators are if you've got a room that they think they can sell for more bedrooms they will. And I we have >> Kent and Olivia and all of us as contractors have tried to explain it to
them, but the extra money they get for selling a five bedroomedroom versus a threebedroom is enough that they will sell a fivebedroom every time. And then we get to deal with this So, I cannot explain it to realators any
more than what I've tried. So, but that yeah, I the original owner said they may at some point move that dyke back into the yard another 25 ft. So, that's where I don't um I spoke with Matt about he
thought 100 feet where there were some flags and I said those flags are potentially if they wanted to move the dyke ever in the future. So, I just need 125 ft so that I can stay out of where they're going to move the dyke if they ever were to move the dyke away from the
river anymore. So, they didn't give me a lot of room to work with. So, when it was just a tank replacement, it was fine, but when they come up later with extra bedrooms and things not being up to code, then it's a little more
difficult. So, but yeah, I I just between my setback from the structure and the dyke that's in there, I don't have room for another 200 ft without making it 450 foot lines going the other way just to be
practical. So >> did you have to drain field? >> We're going to add 200 lineal feet of drain field. >> Right. The the other rest of the system
has not failed and is not we're not running into any issues as far as it being system. >> Uh, soils wise, I don't think so because it was still compliant with soils. So, we would
you might have to put put a pressurized atgrade in there. I don't know. I don't think they'll let us put it outside of the dyke. So, I don't know that I would have room where else I would have room on that property to build a complete second system unless it were over the
top of that existing system, which is still allowable, but for us for codewise, but it's not ideal. >> I got no more questions. >> Thank you. >> We appreciate what you do for work.
Well, we're trying, but it's they're not making it any easier with things. If education, we definitely appreciate you adding Olivia to the office there to help Kent because Kent was running very ragged, I believe, with
>> the phone that Yeah. He never answered my phone calls. >> Kent, >> he never got back to me ever. Well, he >> I know he was run ragged. So >> I would get emails and stuff back from him at like mid 1 in the morning and I'm like can't [laughter]
>> So but no, they've the the employees you have are excellent. They they do make adjustments for us and obviously we're very constrained on time and weather and we can only do what we do when it's not raining or wet and so we not truck
driving, >> right? we have a very short period of time in which we can do stuff so it's compliant and so it works in the future. So we definitely appreciate those guys doing what they do. So >> So what we're doing here or you what you're proposing is in a nutshell you're
replacing a non-compliant holding tank >> and you're adding four septic tank. Yep. >> And then four 50 foot laterals. Yep. >> onto an existing >> Yep. Just going the other way from on that drawing that I've got there. Yep. Okay.
>> Make it match what the house has for bedrooms. >> Yep. And it if square footage wise that's a one of the smallest five bedroomedroom houses I've probably seen. But if again if you if it's got an egress window or a closet >> bedroom, >> they'll sell it as a bedroom. So
>> the 22year-old single gentleman that lives there, neighbor kid that lives there, >> you got a lot of dry land, you know, just a little bit this way and a little bit this way. >> Yeah. But again, all that stuff's had equipment on it and disturbed and not
ideal for what not ideal for septic, but so everybody seems to destroy the lot before we get to make it workable. So, >> anybody any other questions or comments? Thank you very much.
>> Yes, thank you. Um, having no other questions or comments for Matt have a comment? >> Yeah, Mr. Chair, I was just going to point out this is where the well is located. It's to the to the north. So, septic down here. Well's way up here.
>> Okay. Yep. Good distance. >> Yep. >> Thank you. Um hearing no further comments, look for a motion to close the public hearing. >> Make a motion. >> Motion by Leo.
>> Seconded by Dennis. All those in favor say I. >> I. >> Opposed. Motion is carried. Public hearing is closed. We'll go through the findings of fact. Is granting the variance in harmony with the general purposes and intent of the
Klay County Land Development Code? >> Yes. >> Yes. >> Is the requested variance consistent with the Klay County Comprehensive Land Development Code? >> Yes. Yes. >> Keeps
family compliant and in the in the area. Does the applicant establish that there are practical difficulties in complying with the strict letter of the Klay County Land Development Code by demonstrating that the applicant proposes to use the
property in a reasonable manner not permitted by an official control? Yes. Yes. Exceptional or extraordinary circumstances apply to this property that do not apply generally to other properties in the same district or
vicinity and which result from lot size, shape, topography or other circumstances over which the land owner has no control. In this case, that would be you know the dyke is the the new thing. >> Yeah.
>> Yes. Okay. Granting the variance will not allow will not alter the essential character of the property's locality. >> Yes. >> Yes. >> Practical difficulties as used in
connection with the granting of a variance mean the property owner proposes to use the property in a reasonable manner not permitted by an official control. The plight of the land owner is due to circumstances unique to the property not created by the land
owner and the variance if granted will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties and as always variances shall be granted
for earth sheltered construction as defined in section 216c.06 06 subdivision 14 when in harmony with official controls. >> Yes. >> Would the literal interpretation of the provisions of the Clay County
[clears throat] Land Development Code deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance? >> Yes. Is the variance being granted the minimum variance that would allow would
alleviate the practical difficulty? >> Yes. >> Does the variance request meet all below criteria? No variance shall be granted where any of the following conditions are not met.
Adequate sewage treatment systems or water supply capabilities can be provided. Yes. >> The plight of the land owner or the hardship is not due to circumstances created by the land owner.
>> Yes. Yes. >> The variance would not allow a use that is not already allowed in the zoning district. >> Yes. Yes. there will not be or would not be significant adverse effect on public health or safety.
>> Yes, wholeheartedly agree on that because you know he had said that MPCA or APA had you know tank is just not it's not going to work.
Um, >> okay. Conditions. >> There's another one on the back page. >> We got the shoreland one up there, too. The shoreland criteria is met because the variance will require reconstruction upgrade
of the SSTS through permitted five-bedroom design approved by Clay County Environmental Health with the closest component limited to the specific field verified setback
approved by the board. >> That would be that 125 ft. Yeah. >> Um, is there a conforming sewage system present for the intended use of the property? The variance as issued must
require reconstruction of a nonconforming sewage treatment plan. >> Ricky, I see the page before. I'm going to say yes. >> Yes. Totally agree because of the
[clears throat] >> Okay. Now, we're going to go uh staff has 11 conditions. Conditions may be imposed in the granting of a variance. A condition must be directly related to and must bear
rough proportionality to the impact created by the variance. Before construction, the applicant must obtain all required Klay County Environmental Health permits and approvals for an SSTS designed for the
DW dwelling configuration and bedroom count accepted by Environmental Health. should go through all 11. >> I don't we can just read I mean we can just leave. The only one I wanted to note was um these are very similar to
the previous month when we did that um Carson septic essentially is the same. Um I just wanted to note that I had 100 feet on here for three, but I think we could say 125. Would the board be okay with that?
>> Yes. Okay. And these are, I believe, essentially all conditions that would just be met through >> they're like standard normal environments. >> Yep. Mhm. >> And you know, for me, condition 10, this
is the the time and the, you know, time of the year to do this because it gives him, especially in the weather pattern we're in now, he can get all this done and get everything replanted and the water will hit it and it will make green grass.
So, Okay. Does anybody have any further corrections or comments on the 11 conditions? >> Nope. >> Okay. Look for a motion to approve or deny. >> Make a motion to approve.
>> Okay. A motion by Leo to approve the variance using all 11. >> Second. >> Second by Travis. Any discussion hearing? Hearing none. All those in favor say I. >> I. I.
>> Oppos. Motion is carried. Variance is granted. Thank you for coming in and being upfront with the unique. I mean >> this this this is a I this is a first
for me with the with the constraints with the dyke. >> So There's a lot of houses back in those areas. I mean, there's Say this concrete tank. >> Yeah.
>> Okay. Well, thank you and we'll be seeing you again. >> Um our uh next potential public hearing for the evening
withdrew their request. >> Yes, Mr. Chair. They were just they need to resolve a um just a an issue with their request. So hopefully we'll maybe see that before the end of the year.
>> Okay. Um any uh other unfinished business? >> No, Mr. Chair, >> how about new business? >> Uh the only the new business that I have is there the IRS did issue a midyear increase to the mileage rate. So, um
it'll it's effective July 1st. So, this meeting um going up from uh 72.5 cents to 76 cents. Um so, we're up three and a half cents a mile. So, all of your pocketbooks just got a
lot heavier [laughter] >> depending on how far you drive to get here. >> He gets the big one. >> Diesel's up 70 cents though. >> Yeah, [laughter] >> I guess that's per gallon versus per mile. Even my my uh died fuel and Holly went
up a dime today. They got I got lucky when they started suggesting the ceasefire was over. I called SX and filled all my thousand 2,000 gallons of diesel. I was right the next morning start hopping up. [laughter]
>> Yeah, I'm waiting for sub four before I fill my stuff. So, [laughter] okay. Uh, thank you for that announcement, Matt. Uh, does anybody have anything else they wish to go over, discuss?
>> Okay, hearing none, I'll look for a motion to adjurnn. >> Motion. >> Motion by Leo. >> Seconded by Dennis. All those in favor say I. I. >> Opposed. Motion is carried. Board of adjustment hearing is closed.
um potentially meet again >> August [snorts] 18th I believe. >> Not at this time. >> Okay. Thank you everyone. Even has any additions or corrections would
approve the agenda for this evening. >> So moved. >> Motion by Sebastian. >> Second. >> Seconded by Kurt. All those in favor say I. I. >> Opposed. Motion is carried. Agenda is approved. Um next item is approval of
minutes from our June meeting. Motion by Laura to approve the minutes. >> I'll second. >> Seconded by Josh. All those in favor say I. >> I. >> Opposed. Motion is carried. Minutes are approved. Is there anyone in the audience or online that wishes to speak
to something that is not on the agenda? Is there anyone in the audience or online that wishes to speak to something that is not on the agenda? Is there anyone in the audience or online that wishes to speak to something that is not on the agenda?
Hearing none, we will move on to public hearings. Our first public hearing of this evening is um for Red River Communications request for a conditional use permit. The applicant is requesting a conditional use permit for a
telecommunications hut on parcel ID 01.0 029.2201 in part of the northwest quarter of the northwest quarter section 29 township
137 north range 47W Alliance Township. I'll look for a motion to open the public hearing. >> So moved. >> Motion by Ashley. >> Second. >> Seconded by Brad. All those in favor say I. >> I. >> I. >> Opposed. Motion is carried. Public
hearing is open. Take it away, Matt. >> Thank you, Mr. Chair. Yes, this is a request for a conditional use permit for um fiber telecommunication structure. Uh the applicant is looking to see or seeking this permit to place and operate
a um prefab telecommunication shelter uh on a 50x 50 foot gravel pad um just south of um or sorry, east of Comtock. uh they received a federal reconnect grant to extend fiber service to homes
in real Clay County in that part of the county and this would be kind of a support structure for that. Um it's would be considered a essential service uh per our code and then any structures um for essential services do require
this uh conditional use permit. So again this is um just on the southwest extent of the intersection with Cass 11. Um and uh CASA 2. Just going to note that CASA 11's going to come up a lot tonight, so you might hear
it in a few of these hearings. Uh pretty simple um access uh or pretty simple site layout. Um pretty simple uh site improvements. Uh 50x 50 pad prefab building uh looking at access um off of
um um 70th Street South. It's essentially kind of what the building or structure might look like. This isn't the exact one um but pretty close. And again, just as I mention mentioned,
um uh um as an essential service, uh conditional use permits required. It's looking like this could meet all of the um the standards for that. Uh the only one that's maybe in question is they have it looking like it's 88 feet off
the center of um Cassad 2 and our minimum setback would beund um 25 ft for that. I think there's plenty of space though to where that could potentially be um modified. Um we did not receive any comments on
this request. Uh, this is just kind of looking at picture, looking at the site right here, uh, where it's going to go. Um, yeah. Any questions for me at all on this? >> Um, is the applicant aware that we're we're probably going to ask for
some more feet from the county road? >> Um, no, not yet, but potentially now. So, yes. Yes. >> Uh it gets a little tricky with essential services because if they act absolutely need to put it there, they can.
So if there's an actual definite need for them to do that, >> the board adjustments to >> they No, they can. Yep. >> Okay. >> Anyone else have any questions or comments for Matt? Hearing none, would the applicant care
to come up and um state your name for the record and speak your piece to the podium up here? And if the microphone is green, you're golden. >> Yep. I'm David Restad. I'm here
representing Red River Communications. I would say the only thing in that sketch is I think we are set back quite a ways further than that 88 feet that I don't know why it's I don't know if that was a typo or what
we have going on there but we set it back was 150 ft off the road at both directions. >> Okay. And Mr. Sure. Maybe I'm confusing this dash for a a one here potentially, but >> yeah, >> I believe so.
>> Yeah, that clears that up. Care to explain your your project? What's your >> Yes, we received I work for a communications company back in the day. it was uh telephone. Now it's kind of
migrated to broadband internet services. We applied quite a few times to expand our territory to start covering this area of rural comtock rural Sabin. It's we're just down in Abberrombi. So it's a 15minute drive from us. Represented a
great opportunity for us to grow our footprint. We've been here and we've kept in touch with the commissioners and kept them apprised of what we've been trying to accomplish here. And last winter we were awarded this grant to build out fiber to
the home to about we're pushing about 230 real customers real comtock ro saving that we're in the middle of getting fiber to the home too. So that's what our project kind of entails. took us a little while longer than we wanted
to find a parcel of land to be able to put our hut on, our central office. So, that's kind of why we're late here compared to what our timeline is for buildout, so to speak. But
unless you guys have any other questions of me. >> I I do not. Thank you. Is there uh anyone in the audience or online that wishes to speak for or against
this uh conditional use permit? Is there anyone in the audience or online that wishes to speak for or against? Is there anyone in the audience that wishes to speak or online that wishes to speak for or against? Hearing none, look
for a motion to adjourn, close the public hearing. So move >> motion by Kurt. >> Second. >> Seconded by Sebastian. All those in favor say I. >> I. >> Opposed. Motion is carried. Public
hearing is closed. We will now go through the findings of fact. The conditional use will not be injurous to the health, safety, morals, and general welfare of the residents of Klay County. >> I would agree with that approval
finding. >> We'll improve. The conditional use will not be injurous to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted. >> I'd approve that.
The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses predominant in the area. >> Approve the orderly development. Uh long as it stays within the footprint
designated, it should be all right. Thank you. Adequate measures have been or will be taken to provide utilities, access roads, drainage, off- streetet parking, and loading spaces as required by this ordinance.
>> I'd agree with the approval on that. Adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, vibration, water pollution, and soil erosion so that none of these will constitute a
nuisance and to control lighted signs or other lights in such a manner that no disturbance to the neighboring properties will result. >> I approve everything that uh mentioned there will be taken care of.
The conditional use will not create an excessive burden on current or anticipated public infrastructure or services that serve or are proposed to serve the area including to but not limited to parks, schools, public safety
services, roads, water supply, sanitary sewers, and storm sewers. Unless the county and the applicant establish a development agreement that determines how such impacts will be resolved. I would agree with the approval
findings. >> The conditional use is allowed by this ordinance and conforms with any specific use standards established in chapter 8 which is use regulations as may be applicable. >> I'd agree with the approval findings as well.
The conditional use is consistent with the goals and objectives of the Klay County comprehensive and transportation plan and any comprehensive plan of a township or city as may be applicable. >> I approve with the uh agree with the
approval findings on it. >> Okay. Staff has 12 conditions listed. >> Would you like me to read those, Mr. Chair? Would you like me to read those, Mr. >> Certainly?
>> Okay. So, one, applicant must abide by the provisions of the Klay County Land Development Code and subdivision ordinance to before installation. And the applicant must submit a final dimensional site plan acceptable the planning department showing the parcel boundaries road center line setbacks building and gravel pad driveway any parking staging areas utilities drainage
features setbacks. Um and then that the shelter must be 50 ft away from every lot line 125 ft from road center lines. The building three the building and gravel pad must be located substantially in northwest portion of the partial parcel. um facility driveway utilities
easements must not segment working for farmland or interfere with field access farm equipment drainage or crop spraying operations. Uh four, the applicant must obtain approval from the highway department for any new or modified driveway culvert or work within the public rightway. Service vehicles, delivery vehicles, and construction
staging must be accommodated on site. May not obstruct a public road or road ditch. Five, the shelter may not exceed um without prior planning department review. Exterior must use muted earth tone colors, a low profile uh design substantially consistent with the
representative photograph submitted with the application. Six, the building doors, electrical cabinets, batteries, other equipment must be secured against unauthorized public access. Durable site identification, 24-hour emergency contacts signed must be posted at the entrance or of or building. Uh the
installation must comply with applicable electrical, fire, building utility safety requirements. Seven existing vegetation uh must be retained where pract pract practicable if the planning commission um I would say we could probably modify this one because I don't
think screening would be needed unless you feel that >> I would okay change it to that um [laughter] outdoor lighting be prohibited except for required for code safety or essential service any approved
approved. Exterior light must be fully shielded, directed downward, limited to the lowest practical intensity, um controlled by a motion sensor, short duration switch. Uh no outdoor storage, refuge accumulation, public customer activity would be permitted. Um the
building gravel pad, driveway, drainage features, utility equipment, exterior finish, vegetation, security features must be maintained in a safe, clean, weed controlled and orderly condition. Uh, installation maintenance must control dust, mud, trackout, noise, erosion, disturbed soil must be stabilized. Roadside dishes and natural
drainage must remain unobstructed and sediment or debris deposited on the public roads must be removed promptly. Um, any 11 any standby generator, battery system, equipment or other mechanical equipment not described in the application must be submitted to planning department for installation. Such equipment must comply with
applicable safety requirements and may not create objection objectionable noise, vibration, fumes, glare, or other nuisance at a neighboring property. And then 12, the applicant must obtain and comply with all applicable federal, state, county, township, road authority, utility, electrical, fire, and building
approvals. Um the I should say that the land development code does exempt them from having to get a development permit, so a building permit for this. Um, but there might be other um code requirements they would have to meet. >> Thank you, Matt.
Does anybody have any additions or corrections, modifications to the 12 other than what Ezra stated? Mr. Chair, I'll Mr. Chair, I'll approve conditions 1 through 12.
>> Does the applicant acknowledge or um you uh you know, are you able to follow the 12 conditions and understand what each of the conditions are? >> Thank you. We have a motion by Brad to
approve the use permit as printed with the 12 conditions. >> To clarify that, that would be getting rid of condition number seven. >> Well, we could in its entirety. >> Well, I thought we were just um >> that would make it 11 conditions.
>> So, we're going to eliminate. We're not Okay, >> so 11 conditions. >> Was your motion for >> Brad's motion? A motion to approve conditions 1 through 11. >> I'll second. >> Motion by seconded by Ashley. Any
further discussion? >> Hearing none. All those in favor say I. >> I. >> Opposed. Motion is carried. Conditional use permit is granted. Thank you. Our next public hearing is Westland
Excavating requests for an interimm use permit. The applicant is requesting an interimm use permit for a 39.5 acre gravel mine on parcel ID7.015.
015.100 in part of the northwest quarter of the southeast quarter and the southwest quarter of the northeast quarter. Section 15, Township 141N, range 45W,
Keen Township. Look for a motion to open the public hearing. >> Motion by Laura to open. >> Second. >> Seconded by Sebastian. All those in favor say I. >> I.
>> Opposed. Motion is carried. Public hearing is open. Take it away, Matt. >> Thank you, Mr. Chair. Yep. This is a request for an interim use uh permit for an extractive use. Um this is located
just north of uh interim use permit that you just recently granted this year um to Westland as well. And so they're looking for a 39 and a half um gravel pit um to do on-site crushing,
screening, excavation. Um they be some in above and in groundwater um stockpiling, truck hauling, and progressive reclamation. Uh the goal or the purpose is to produce rock, sand, and class 5 aggregate. The applicants estimating that about 2 [clears throat]
million cubic yards of material would be removed. uh mining would happen generally from the east to the west and then truck traffic would would also travel through uh an existing site um that I had just recently me mentioned on
an existing hall route to county state aid highway 27. So this property is zoned agricultural general and it is in the resource protection uh aggregate um protection district.
Uh the mining area is this is the entire parcel. Um the mining area would be this quarter section um down on the south and um it's majority of the site is prime farmland. Uh the southern portion is farmland of statewide importance and
then not prime prime farmland. So big range of um crop equivalency rating from 24 to 73 uh in this location. As far as um wetlands, there aren't any
um mapped wetlands in uh the project area. Uh there are uh to the east and then to the to the southeast as well. Uh as far as depth to groundwater, um looking at the two closest wells be
ranging from 12 to 18 feet. And my understanding is that the applicant has also done some boring out there as well. and kind of that roughly matches up with what what they've um seen as well in terms of groundwater levels below the surface. So the hall route would be from this
project area. So here's this the existing mining area. Um this has been a mine since at least 2019. Uh it's getting close to the end of its life here. Uh and so the applicant does plan on moving um further north. Um the hall
road kind of follows from this pit. It goes north and then west. So they would go right out um from where it turns and heads west uh to CASA 27. And so this road is on a private
property. Um they do have an agreement with that property owner uh for the hall road and access. So, what they're proposing, um, pretty typical mining operations in terms of what's going to be extracted and processed, the equipment to be used,
they're requesting, uh, year round Monday through Saturday, 6:00 a.m. to 8:00 p.m. Uh, I talked about the Hall Road using dust control, um, storm water. The, um, all water would be retained on site. They're not planning on dewatering at all or discharging any
water off site. um they would do progressive reclamation. Um they'd create a pond uh and return the remaining land to farmland. And so looking at about $1,000 per acre um estimated for reclamation.
And so this is looking at the hall road looking south. Um and thanks for the pictures, Erica. Every time Erica goes out, she always meets a a road grader. So you can see there's one in this picture here.
Uh this is looking south um at the property right now. It looks like it's planted into corn and uh winter wheat. Um this would be looking northeast at the property. And then this is the north property line of the of the pit uh with
the Rotoalds. Uh the Rotoald side does have a variance to mine to the property line. uh with our code changes now um if if the applicant wished to mine within the 100 foot property line setbacks, they would need need separate agreements
with each adjoining property owner and that would have to be basically recorded against both of those properties that they're waving that setback requirement. And then just another picture of the site. And then this would be the the
hall road looking east from um from 27 into the into the pit. Uh we did not receive any comments uh on this request. Um, I will say though that um just I did talk with our county
engineer and he did um state that, you know, we've had a history of some issues with Cassad 27 and just how it's been maintained and just the amount of use that it's had. And our county engineer did say that um um Westland has been
very responsive to any issues um that have come up on Cassad 27 and would just wishes to to keep working with them um in that capacity to address any issues as they arise. Any questions for me at all?
Okay. Uh I have none and um apparently nobody else does either. Um would the applicant care to come up and state your name and speak your piece? >> I'm Jeff Busby with Wesland Excavating.
[clears throat] Uh, I guess we're just looking to expand into process because we're out of class five material up in the northern part and all of our stuff's in rollog and we'd like to get some more up to the
north part to get to town. Um, one thing I might add is I did talk to Brady Broth and he might want to eventually add a road going out to the north out of his property,
but for right now, we will just go out of the road. We got an agreement and uh I guess we chlorideed the whole four miles of 27 this spring. So for dust
control, >> are you the only pit currently using the the road through Roto Walds in? >> No, there's another operator across the road that's also using 27. [snorts] >> Oh, Mr. Chair, did you mean just the
Roadald? >> Yeah. >> Oh, yeah. We're the only ones using that road. Yes. Um across the road would be well knife river formula formally strata has their h camp pit.
>> Okay. >> Thank you Jeff. Anybody else have any questions or comments for Jeff? >> I just have one comment Mr. chair. This is right out the back door, my place. I live within 3 milesi of this location, own property within a half mile of it.
And Westland Excavating has done a wonderful job on Cassada 27 since they've taken over that Ronwald pit this spring. And yeah, they chlor they chlorideed the whole thing and they been very good neighbors in the area. So that's just a comment.
>> Thank you. It's nice to hear from somebody who lives in the township. Yeah. >> [clears throat] >> Anyone else? Is there anyone in the audience or online that wishes to speak for or against?
Is there anyone in the audience or online that wishes to speak for or against? Is there anyone in the audience or online that wish to speak for or against this project? Hearing none. Look for a motion to adjourn the public hearing.
>> So moved. >> Motion by Ashley. >> Second. >> Seconded by Josh. All those in favor say I. >> I. >> Opposed. Motion is carried. Public hearing is closed. findings of fact. The interimm use will
not be injurous to the health, safety, morals, and general welfare of the residents of Klay County. >> I would agree with that. Sounds like they're doing a pretty good job. So, >> thank you. The interimm use will not be injurous to the use and enjoyment of
other property in the immediate vicinity for the purpose already permitted. I'll agree with the approval findings as it's an established hall route already and they've taken care of things properly. >> The establishment of the interimm use
will not impede the normal and orderly development and improvement of surrounding property for uses predominant in the area. >> I'd agree with those approval findings. Thank you. >> Adequate measures have been or will be
taken to provide utilities access through roads, drainage, off- streetet parking and loading spaces as required by this ordinance. >> I would agree with the approval finding. Adequate measures have been or will be
taken to prevent or control offensive odor, fumes, dust, noise, vibration, water pollution, and soil erosion so that none of these will constitute a nuisance and to control lighted signs or other lights in such a manner that no disturbance to the neighboring
properties will result. >> I agree with that approval finding. The interimm use will not create an excessive burden on current or anticipated public infrastructure or services that serve are proposed to
serve the area including but not limited to parks, schools, public safety services, roads, water supply, sanitary sewers, storm sewers. Unless the county and the applicant establish a development agreement that
determines how such impacts will be resolved. I would agree with the approval findings. >> The interimm use is allowed by this ordinance and conforms with any specific use standards established in chapter 8
use regulations as may be applicable. >> I'd agree with those findings. Thank you. The interimm use is consistent with the goals and objectives of the Klay County comprehensive and transportation plan and any
comprehensive plan of a township or city as may be applicable. >> I agree with those approval findings. Just continuation of what they're already doing. >> Thank you. staff has compiled 12 possible.
>> Yeah. And Mr. Chair, I can I'll just say that um these 12 conditions are literal copy paste from the permit directly to the south because it was just approved recently by you and it's right next to
that that pit. So they're the um the exact same. >> Just for clarification for me, um the property owner could there they currently need to do the 100 foot buffer between the property lines,
but that could be waved with some communication and agreements with surrounding land owners. >> Yeah. So, um they could certainly if they wanted to go, they're a bit constrained to the east just with the shoreland. Um I mean up here,
well actually they wouldn't be too constrained. Um but they could if they made an say for example wanted to mine within this 100 foot setback, they would need to have a notorized agreement with this property owner that they would record against both properties.
And then the same would be for say the western property line as well. Yep. And then as far as any future access um to the north, believe this is a township road. So they just need to get
Keen Township approval, I think, on that. Or is it or is this a county? Sorry. >> Okay. They need county approval then for that. Okay.
>> Yeah. >> So, the hours are are we don't really we we kind of have a standard boilerplate hours of operation and days. Um, is that the same as the permit south of
that, Matt? >> Yes. Okay. I I like this project. They're not going to dig into the They're going to stay above the water table. Local company.
If nobody has any additions or corrections, I'd look for a motion to approve or deny the IUP with the 12 conditions. >> Move for approval.
>> Motion by Sebastian to approve. >> Second. >> Seconded by Kurt. All those in favor say I. >> I. >> I. >> Opposed. Motion is carried. term use permit is granted. Thank you everyone.
Okay, our next public hearing is Gerald Zimmerman. Uh, request for an interimm use permit. The applicant is requesting an interimm use permit for an agricultural worker
housing on parcel ID 23.011. 011.4800 23.011.4801 and 23.011.4600 in the southeast quarter of section 11 township 140N range 48W
Port Township. Look for a motion to open the public hearing. Motion by Laura to open. >> Second. >> Seconded by Kurt. All those in favor say I. >> I. >> Opposed. Motion is carried. Public
hearing is open. Take it away, Matt. >> Thank you, Mr. Chair. Yeah, this is a request for um an interim use for egg worker housing. Uh properties located north of Dworth uh in Oakport Township. Uh three parcels. Um it's currently agricultural and residential. Uh zoning
is pretty basic on this property. Agricultural general. Uh what the applicant is looking for is seasonal egg worker housing using uh one existing dwelling um which would be down here and then a new shop um that has two
bathrooms. You would have five bedrooms. Essentially would be storage offices most of the year, but there is a need for um they when they have temporary um egg workers coming in around harvest time. um just a place for for them to stay. I won't go through all the
standards um but we do have um some standards for egg housing. I know that Klay County, like many counties and places in the United States, has a long history of of egg housing. Um it was in our code for a while. It came out, now it's back in. And I think one of the
reasons why we have um these standards in place now is um essentially to uh it's an agricultural protection thing um to protect um uh farmers and land owners
who um employ temporary labor uh throughout the year. Um just because we have other issues with um temporary housing um with related to large construction projects in the area or things of that matter or places where
you have um folks who are um operating or allowing for um uh temporary workers to stay on their property in areas where there might be more potential land use conflicts with neighbors or things like that. Uh, and so this is to distinguish
that, yep, this is an allowed use. Um, and um it's it's protected under the the ordinance essentially is why kind of we brought it back um into our code. So this uh property history of the house has been used for temporary egg worker
housing according to the applicant for 20 plus years. Should note that it did fail in septic inspection in 2008. That still needs to be addressed. Um there was a variance granted uh last year by the board of adjustment for a shop to an internal property line setback
roughly like right in here. Um uh this the shop has been substantially completed without any building or septic permits. Uh just looking at the farmland here, this really isn't going to take any this won't take any prime farmland out of production because it's an
existing farmard. So, uh, the proposal does appear to meet all the standards for this use once it is permitted. Um, but building and septic permits would need to be obtained. The house septic would need to be addressed. Uh, and the the applicant and landowner
does want to combine all three of those parcels into one. Uh, and that would address any property line encroachment issues. Should note that all the parcels are owned by the same entity. Um there have been other
issues in the historical issues in the county where you might have encroachment of of a building and then um a parcel is sold to a non-family member or an outside entity and then problems exist. So that's kind of the reason for wanting
to take care of any of those property line issues. Uh, just looking at the house here and then here's the the shop and kind of where it's at. Any questions for me at all. >> So, the septic is non-compliant.
>> We don't know. We would have to get um have to work with the land owner and applicant would have to work with environmental health on that. >> And building permits have not been issued for the construction going on at the shop currently.
>> Correct. >> Do they have a building permit for the original shop there that they have the living quarters in? Uh that's just for that's a house existing house and it's pretty old. So
yeah. Yeah. So may predate our ordinance. any >> I I was working with um the applicant's son on the variance request um also on
the text amendment to um that you heard I think last two years ago year and a half ago um for that temporary agricultural worker housing and I think one of the biggest issues was just making sure that they had a setback off the road far enough um and really that's
kind of the only setback of concern once this property line goes away. Um, as far as where this parcel is situated relative to other parcels, I think this would this there shouldn't really be any issues. They have certainly have enough
space for um, parking and things like that. Um, but environmental health would need to know essentially where the septic is if it's if it's even gone in yet. So, it may not it may not be in uh, for the shop. Okay.
Okay, I have no further questions for Matt. And um would the applicant care to uh come up to the mic? Um state your name for the record, please, and uh speak your piece. >> Jerry Zimmerman.
Uh we have had uh workers uh truck drivers during beet harvest and that's the only time this uh facility is being used for housing anyone and it is generally starts in whenever harvest
starts in the fall and most of the time ends whenever harvest ends October, November, whatever. Uh in the past it's been like one person in any 12 hours. Uh we've had drivers come as far as uh
Bismar and Fergus Falls and we don't like [clears throat] them to be driving, you know, more than 12 hours uh at a time. So we've allowed them to stay overnight there. Uh as far as the septic tank system, it does work. It's not up
to code, but the septic tank that's going to be in the new part of the shop will be available to anyone that's staying in there. Uh there's one bedroom. Uh the other part of the house is storage and I have an
electronic shop in there and it's a story and a half building and uh it's impossible to get heat upstairs and it's impossible to get cold air up there. So there is no bedrooms in the upper story.
Any questions? So Matt had talked that you are open to or exploring putting all the parcels as one. >> Yep. I want all the parcels to be one. >> That takes away all the setback rules and stuff. >> You're actively working on that or
>> Yeah, that was proposed to Matt. He said he could work with that. So >> have you reached out to environmental services or the health and uh >> No. I >> have one question. >> Have you put a septic into the the new
shop yet or no? >> Yes, there is a septic tank installed. Clark put it in. >> And that wasn't certified by public health? >> Yes. >> It was or wasn't? >> Yes, they were out there and there was a person from the county. >> So So that one was inspected before it
was covered up. Yep. >> You have paperwork on that? >> Not with me. I can get it. >> You can get it. All right. >> So, the shop has a new septic in it. >> Yes. Okay. >> And it's within walking distance of the house. and done.
>> We would just assume not update the septic tank system for the house because it's it's uh it's too good to tear down and it's not good enough for really someone to live in continuously. So Kent, I was able to hear you and Kent
said yes, they were out there and that the septic is good. >> Good. Thank you for questions, Ezra. Anyone else have any additional questions for the applicant?
Thank you. Is there anyone in the audience or online that wishes to speak for or against? Is there anyone in the audience or online that wishes to speak for or against? Is there anyone in the audience or online that wishes to speak for or
against says interimm use permit for temporary agricultural worker housing? >> Hearing none. Look for a motion to adjourn the public hearing. >> So moved. >> Motion by Ashley. >> Seconded by Jeff. All those in favor say
I. I. I. >> Opposed. Public hearing is closed. Thank you everyone. We will ask him the same questions we ask everybody else. U the interimm use will not be injurous to the health,
safety, morals, and general welfare of residents of Klay County. say pending inspections, of which he does have one. Um, I would agree, Mr. Chair and Matt, on the uh
septic system in the house. I know if it works or not, but it's not up to code. Do you need one system for that living situation, or can they walk across the yard to the shop? I'm going to defer to Kent on that.
>> Or they could they tie the house to the one in the shop or the one for the shop. Can you tie into the same septic system? >> Basically, you have to system to the living quarters. >> Yeah. >> I don't know, Kent, if you have any comment on that.
>> Yes. >> Okay. Yes. could um have one system that would serve both you know combine into one. Um but yes also the I don't believe that the system for the house is
compliant. So that would need to be addressed one way or another. There's two se two separates or if a designer proposed a system that could service the whole >> What about a holding tank onto the house
and that they just pump out. Would that be sufficient? >> We typically don't uh allow for holding tanks on dwellings. I think that something like that could be workable with some um specific requirements maybe requiring
pumping agreement with the license pump and so forth. Uh I think we can be agreeable to that. Thanks Kent. That's your question. I had a couple options there I guess. Yeah, >> I think we can deal with that with conditions. Pardon? >> I think we can deal with that with
conditions. Okay. I agree. The interimm use will not be injurous to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted. >> I'll agree with that. Sounds like he's been doing it for quite some time. So,
>> the establishment of the interimm use will not impede the normal and orderly development and improvement of surrounding property for uses predominant in the area. I agree with that finding. >> Adequate measures have been or will be
taken to provide utilities, access, roads, drainage, and off- streetet parking and loading spaces as required by this ordinance. >> I would agree with the approval finding there. I think Matt said that there's plenty of space for parking. We just need plans for the possible approval
findings. Adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, vibration, water pollution, and soil erosion so that none of these will constitute a nuisance and to control lighted signs or
other lights in such a manner that no disturbance to neighboring properties will result. We're going to go back to the compliance with environmental health to make that
happen. The interimm use will not create an excessive burden on current or anticipated public infrastructure or services that serve are proposed to serve the area including but not limited to park
schools, public safety services, roads, water supplies, sanitary sewers, storm sewers. Unless the county and the applicant establish a development agreement that determines how such impacts will be resolved. It's all private, so there's nothing new
public being added. The interimm use is allowed by this ordinance and conforms with any specific use standards established in chapter 8 use regulations as may be applicable. covered everything in there. I believe
the interim use is consistent with the goals and objectives of the Klay County comprehensive and transportation plan and any comprehensive plan of a township or city as may be applicable. >> I'd agree with that finding. Thank you.
Okay. Staff has proposed eight conditions. >> Would you like me to read them, Mr. Chair? >> Yes. These Yes, I feel that's the right thing to do. >> Okay. One, temporary egg. I should note
too that a these conditions are a lot of them are taken off each the standards um from the code. So temporary agricultural employee housing is authorized only in the existing farmhouse and the approved living quarters portion of the shop and the combined occupancy shall not exceed the approved plans or limits in section
882D2 whichever is less. Um they're well under that right now. I think the the max is is 16 there. Yeah, well under that. Uh, housing is limited to agriculture employees and their family members for no more than 270 calendar days per
calendar year. Before occupancy, the owner shall submit the required signed statement and maintain annual occupancy and employment records for the county. It's also from a standard um and it looks like that could be with the um just needing that housing during
harvest. Uh before occupancy, the owner shall submit final site fuller plans and obtain environmental health approval of the water, sewage, sleeping, eating, sanitation facilities, parking, access, and all facilities shall be maintained in accordance with approved plans and applicable requirements uh within 30
days of approval and before further construction, use or occupancy of the shop, the owner shall record a county approved combination of the parcels discussed. And then also uh within 30 days of approval, the owner shall submit complete after the fact county and Oakport Township permit applications for
the shop as well. Uh six, this permit does not legalize prior unpermitted work, wave fees or corrective requirements, limit enforcement authority or create vested rights. Seven, the permit shall terminate as provided in section uh 8118D. Um, if either the housing location is
not used for egg employees for more than two consecutive years, it shall be removed or converted to a lawful non-residential use within one year. Um, talking with Mr. Zimmerman's son, it sounded like that would be pretty feasible since it's going to be mainly offices and stoages for storage
for most of the year anyway. Um un you know some inter interim use permits we have a a defined date year end date can also an event could trigger that as well um an end to the permit. Typically it's
a change of ownership of a parcel um or in this case it could be um that it's just not used for housing for two two consecutive years. Uh eight, the owner shall comply with this permit. Approved plans Klay County and Oakport Township
requirements and all applicable laws. Violations may result in enforcement or permit revocation. I don't know if there's a if you'd like to address any of the septic components or um if you feel that condition three
covers that. I feel condition three covers that with that the one septic system that's out of compliance. >> You've got, you know, definite there's there's walls up there. You know, it's 30 days. my
you know people are you know is my biggest concern is the the the house component of the septic but may [clears throat] or not be anybody staying in the house with these other apartments done
it was me I'd probably like to say something that's newer and warmer than have to walk across the parking lot to use the fac But he has to address everything with
environmental health and the other county agencies. Mr. Chair and Matt, uh, couple things [clears throat] kind of five and six, no further construction or occupancy is allowed until all permits. And then number six, this permit does not
legalize prior unpermitted work. Can you explain number six a little more clearly? It's essentially stating that it's a reinforcing condition five essentially. Um, and condition four. Um, it's just a
reinforcing statement. Walked went through this with our county attorney's office and thought it was good to have that in there. So, >> so we if we give them the IUP, they still need to get all their their permits >> and pay the fees that they did not. So,
not having the permit prior, there's a fee to that. We're not waving that fee. >> Big chunk of this is after the fact [clears throat] and beat harvest is coming up. your questions. >> Yeah.
>> Okay. Hearing no further discussion or potential tweaking of the conditions, motion to either deny or approve the IUP
with the eight conditions. >> I'd make a motion to approve with the conditions. Okay. >> Motion by Kurt to approve it with the eight conditions as printed. >> Second. Seconded by Brad.
Any further discussion? Hearing none. All those in favor say I. >> I. >> Opposed. Motion is carried. Interimm use permit is issued. Okay, our next public hearing
is White Oak Garden LLC request for a conditional use permit. The applicant is requesting a conditional use permit for a 5 megawatt community solar garden on parcel ID 06.019.4000 4,000
in part of the southeast quarter. Section 19, Township 138N, range 47W, Elmwood Township. Look for a motion to open the public hearing. >> Motion by Laura.
>> Second. >> Seconded by Sebastian. All those in favor say I. >> I. >> Opposed. Motion is carried. Public hearing is open. Take it away, Matt. >> Thank you, Mr. Chair. Yeah, this is a conditional use permit request for five
megawatt community solar garden. Uh, this is located about a mile and a half south of Sabin. It's on the west side of um CASA 11. It's currently um cultivated crop land. The parcel is 156 acres and the project area would be approximately
30 to 31 acres. Uh the zoning on this is agricultural general. [laughter] Uh overlay zoning is resource protection, wellhead protection. So the request is to establish that 5 megawatt community solar garden on 31 acres of farmland to participate in that Excel low energy low
and moderate income community solar garden program providing renewable energy to income eligible households, public interest subscribers and community organizations. Uh their expected annual generation is about 9,800 megawatt hours. Uh and looking at
an anticipated operational life of 25 to 35 years. I think the 25 years is the agreement that they would have with the landowner. Project could go longer than that. Uh the details, so this would be 11,800 solar panels. They'd be steel driven
posts. Uh they'd be on a single access track, tracker racking, associated electrical equipment, gravel access road, perimeter fencing. Uh and then some limited security signage and lighting. Uh vegetative screening u beneficial pollinator habitat. Um
there's some uh aggro voltaic potential with maybe sheep or honeybees as well. So this would be enclosed by a farm fence. It' be gated access with keyless entry and then signage with 24-hour contact information. Uh again, the use
is relatively passive once it's up and running. Uh no excess traffic, noise, vibrations, or dust. And then vegetative screening is proposed as well. Uh near residences. I'll go back to Yeah. So, looking for screening along the
east side and then kind of wrapping around as well. Uh farmland impacts. This would take prime farmland and prime farmland if drained from with a crop equivalency rating of 67 to 76 out of production for a minimum of 25 to 35 years. There
wouldn't be any soil stripping. There wouldn't be any permanent foundations. The soils would remain intact and vegetated [clears throat] during the operation. The site is expected or could be restored to egg use at decommissioning and then again 30 acres. It's small scale relative our prime
farmland acreage um countywide. Um solar production tax, it'd be subject to that solar production tax um annual tax revenue of $11,840. 25-y year total 296,000 and then uh
that'd be an 8020 split between the county and the township. Um the because this is over 1 megawatt as well the land um underlying the project would have a commercial tax classification as well.
So it wouldn't be agricultural uh decommissioning plan um just removal of panels, racking piles, inverters, transformers, wiring, fencing, concrete pads, access roads. Uh site restoration would include that grading top soil replacement receding. Looking at about $28,000
um for decommissioning cost that does not um include the salvage value from um any of the materials. Uh and then there would be a guaranteed financial guarantee as well. Do want to note that there is a um
uh kind of a legacy property line encroachment here with this older building. Um if the um this is the the same property owner as as the field as well. If they ever
decided to move this property line back just to encompass the entire building site. just want to make sure that the um the setbacks um can be complied with and I speaking with the developer um they can certainly work with that and bump it
back a little bit so just in case that if this is ever expanded out um it would still meet that 100 foot property line step back. Uh so this is looking uh at the property from the roughly the souththeast corner looking northwest and then this is
looking more straight on on um on the project looking west. Um so there was some correspondence from the highway department on site access connection. Um uh we didn't receive any com any comments from the township and then just some general comments from
nearby residents uh concerning uh screening of residential properties. Any questions for me at all when it comes to solar gardens help is there like a percentage of acreage we're allowed to have as a county?
I don't think there's a percentage of acreage, but there is a there is a state megawatt cap, and I cannot remember off the top of my head what that is, but every year they allocate so many megawws um that can be allowed for community solar gardens. And so there is that cap
on there as well. And I should say we have permitted quite a few in the county. Um some of them have not been constructed. We were potentially going to have a revocation hearing on one tonight for um one that
was actually permitted um earlier this year in January, but we don't need to do that actually. So, it's already basically not going to be a thing. So, um and that was one that was up on Highway 9 that was permitted by you all
in in January. So, yeah, the cap comes at that state level. And I know this is off subject of for this project, but have we heard any more about the other state proposed one that was supposed to be going in >> the larger one? Um
>> I am planning on giving an update on that in at our August meeting. >> Okay. >> Basically what I know about that >> Yeah. So there are across the street. Um,
and I want to say maybe I had a Yeah. Uh, this property is a residential property, but the house the house is no longer there. >> Yep. No one's no one's living there. Yep. So, it's mainly across the street and then to the southeast. Uh, no.
>> I can turn this on. Have they determined to access off Tony 11 >> where that would be? >> Yes. And let me see if I can pull it up here from it was on the north side there. The north here. Okay,
hearing no other questions. Would the applicant care to come up and state your name for the record, please? And >> hi, Michael Brown. I'm with Nakomaomas Energy uh 2836 Lindale Avenue, South Minneapolis, Minnesota 55408. Thanks for
the opportunity to speak tonight. Um as Matt mentioned, this is a 5 megawatt single access tracker community solar garden uh proposed on the Lamar's parcel. Um you know, in general, I think Matt did a very good job covering this
here to answer any questions. Uh we are planning on screening uh the east side of the facility and we're we're happy to wrap that around if that is a concern to you know nearby residents, we're we're happy to work with everyone and address
concerns as as much as we can. So, um, you know, if if if you do want screening wrapped around, uh, to the south side of the project a little bit, I would just like to define, you know, kind of the extent of that so we can get that in our engineering drawings and and make sure
everybody's happy. Um, other than that, uh, it would be a 25-year project. That's the the term with Excel Energy with the with the lease allowing us to possibly extend for
for five five to 10 more years. >> Are there any questions? >> When are you anticipating construction? >> Yeah. Uh great question. It would be likely late summer of 2027. So we are in the process of going
through the interconnection queue and studies with Excel Energy right now. Um we've received our system impact study back. We're expecting our facility study back you know in the short or in the near future along with the interconnection agreement to follow
shortly after that. >> I do have a question here. Um, I know it says that this area is compatible because of the limited groundwater risk and potential water resource benefits. Um, I know when they're contained and there's no damage to them, um, we shouldn't have any of those risks. Do
you guys have in your plan any um, ways to mitigate those risks if they do happen? I know you have damage. Can you go look for damage? Um, is there soil testing or water testing done if there's something that happens? >> Um, we we can do that. We're we're happy
to do that if that would be like a condition you want to add in. If there's a you know catastrophic event or you know major damage to the facility, we're we're happy to add soil testing in. Uh typically to kind of address I think what your concern is is toxicity
probably from from panels. I'm sure people have heard about these things. There are tests out there. It's called the T-clip. It's um toxicity character characteristic leeching procedure. So they test these um and extreme events
where they essentially have to destroy the panel kind of pulverize it, dump a like chemical mixture almost like acid rain type to see like if it would be toxic in the soil. And um you know in an
extreme event there there possibly could be but most of these uh modules especially the ones we're using the monochrystalline pass those tests. So that would be a very extreme event and if that were to happen we have insurance on these projects where it is our you
know obligation to go up and clean those out and clean it up restore the facility because if these aren't generating electricity they're no they're not really doing any good. So, it's in our best interest to get out there right away and and restore the site.
>> Thank you. I don't know. I think that might be something that this planning commission might want to look at on these solar projects is if something were to happen, you know, um maybe having these stipulations in place. So, >> Mr. Chair and Commissioner Hang, that's something I'm happy to do more research
on on some of the insurance requirements with that. Um, I guess a question I might have is like if how that applies to um adjacent property owners as well. Um, that's something I can happily do some research on and and get back to this board
>> and see if there's anything we can incorporate into our code. >> Thank you, Ashley. And this is is another Excel lookup then. >> Correct. Yep. Uh the Department of Commerce um administers the it's now
called the Melissa Hortman program um but it it is the LMI CSG program. Um so Yep. >> Okay. Thank you. Is there anyone else in the audience or online that wishes to speak for or
against? Is there anyone in the audience or online that wishes to speak for or against? Is there anyone in the audience or online that wishes to speak for or against this conditional use permit? Hearing none, look for a motion to close
the public hearing. >> I just have one more question, Mr. Chair. As far [clears throat] as a screening goes, um maybe this board would, you know, with the talking to the applicant to see, you know, say it's a vegetative type screening. Obviously,
tall trees would probably be a no no in case of a windstorm, etc. damaging the panels, but we would want something to hide this, you know, like large bushes or wood or something. But I think more
of a natural look would be a better fit than maybe just, you know, some sort of a solid fence, right? I don't know if we could state specific like if there's a height. Obviously, we don't want them really tall for wind damage, but just to
cover the, you know, like a 15 feet to 10 foot buffer or a screen to set that so in future solar panels. We kind of stay consistent with the type of screening, you know, if I mean maybe we can look
into this down the road, but just to help uh these projects. >> Sure. Uh Mr. Chair and Commissioner Elder, we do have basically it's in our code. It's written as it's kind of up to the planning commission's discretion on how you want to define screening. Um
what might work in some places might not work in others, but typically vegetative screening. Um, you could even request for it to be uh like a double row or triple row of um just something more dense. Um something that could be more
fast growing as well. Uh but I think typically vegetative screening is probably preferred just for the reasons that you stated. Um, and likely um something that's like a shrub um that
provides some more lateral coverage rather than like a a tree that would take years to, you know, in a 25 year lifespan if you're planting a like a spruce tree or something or pine trees. It's by the time they're providing any
screening, your project is getting pulled out of the ground. So, um you could certainly put some um definite you could you could certainly get really specific with the type of screening that you require. Uh but just
being cautious about that every circumstance could be a little little bit different. Um I know that even leaving up [clears throat] a few rows of corn too just in the interim while a screening is established could be an option as well. So
>> I really especially on the east side, you know, there needs to be something. >> I just one comment off that chair. I think I'd leave it to the applicant on what type of trees or height of trees
they want to plant out there. I I I'm I agree with living screening, but I'd let the applicant decide what if if they want to put in uh popppler there that grow quickly. It that's on them if they tip over, right? I mean, I wouldn't I'd let them decide what type of vegetation
they plant. I don't think we should go in the weeds of we're not arborists on defining what type of specific vegetation they should plant. I I believe in screening, but I don't believe it's we should be the ones deciding what they should be planting or
not planting. >> Okay, >> Mr. Chair and Matt, kind [clears throat] of go along with both Brad and Ezra's comments. Every situation might have a different purpose to have the screening. I'm just asking is for this case, is screening
more to hide it or to keep critters out? It would be for aesthetics to Yep. >> I would say leave it up to the I understand your your sentiment here, but uh they would know best what works, how
they'd like to take care of it, and um I guess we could have some guidance, but I don't if it's quite necessary. Okay. kind of forgot where we were at. >> You have not closed a public hearing.
>> Okay. And and Okay. So, we're the discussion is that we're going to definitely require some sort of screening. We're just we're just not going to mandate what that vegetative screening is. See a nod.
Okay. Okay. hearing. No further discussion. Look for a motion to close the public hearing. >> So moved. >> Motion by Ashley. Second, >> seconded by Brad to close the public hearing. All those in favor say I.
>> I. >> Opposed. Motion is carried. Public hearing is closed. Okay. We will now go through the findings of fact for this conditional use permit. The conditional use will not be injurous
to the health, safety, morals, and general welfare of residents of Klay County. They had a bunch of these in the past. We have a standard um requirements.
So I would say that yes, the conditional use will not be injurous to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted. >> And Mr. share maybe just to help with
this finding a little bit. I did pull up the screening requirements um from our ordinance. It's not letting me scroll though. So essentially um have to be screened from dwellings or
other land uses as required by the planning commission unless the affected property owner agrees otherwise. You can require screening where it determines there's a clear community interest in maintaining a viewshed. The type and location of required screening shall be subject to planning commission approval and then screening shall be maintained for the lifetime of the project. Dead or
disease vegetation shall be removed and properly replaced. That sounds good. >> So that's that is those are standards right in our code. Thank you. I will uh reread number two. The
conditional use will not be injurous to the use and enjoyment of other property in immediate vicinity for purposes already permitted. do some screening. I mean, screening is required. >> Um, granted, some people will not like
to look at it, but some people don't like looking at corn. Establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses predominant in the area. This is something allowed under our code
and it won't have any effect on that adequate measures have been or will be taken to provide utilities access roads drainage off streetet parking and loading spaces as required by this
ordinance. Did Justin is Justin has taken a look at this and they're we're okay with access from >> Yes, they've Yeah. And the applicant has corresponded directly with the highway department on this. Yep. >> Okay.
Adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, vibration, water pollution, and soil erosion so that none of these will constitute a nuisance and to control lighted signs or other lights in such a manner that no disturbance to neighboring properties
will result. Once construction is done there, except for maintenance a couple times a year, there's nothing that goes on there. Y >> the conditional use will not create an
excessive burden on current or anticipated public infrastructure or services that serve or are proposed to serve the area included but not limited to parks, schools, public safety services, roads, water supply, sanitary
sewers, storm sewers, unless the county and the applicant establish a development agreement that determines how such impacts will be resolved. kind of a nonapplicable. The condition of use is allowed by this ordinance and conforms with any specific
use standards in chapter 8 use regulations as may be applicable. right in with many others. The conditional use is consistent with the goals and objectives of the Klay County comprehensive and transportation plan and any comprehensive plan of a
township or city as may be applicable. It is taking some prime farmland out of production but >> it's giving a break. >> It is reversible and >> giving it a break so it can always go
back. And one of the things that we require is permanent vegetation. So it can be pollinators, it can be but it' be other won't be any soil erosion or staff has
six potential conditions or six conditions listed. We can modify that if we deem necessary. Um, and Mr. Chair, that last one maybe just
because the the applicant indicated that they're able to be flexible with that. Um if the lot lines adjusted, maybe that could be um removed in a screening more defined screening condition could be added
instead or that could be kept in a screening condition could be added in addition to that. >> That is the one that I had a question on. So they talked about it but they don't need to. >> No, but
Do you want to read the six conditions? >> Sure. >> Applicant must abide by the provisions of the Klay County Land Development Subdivision ordinance. Applicant shall obtain all applicable local, state, federal permits um before any construction shall provide copies of them to the planning office. The project
owner operator must provide a decommission shy bond cash deposit with um Klay County or letter of credit for $50,000 per megawatt. Project must meet the Minnesota board of water and soil resources beneficial habitat standards
as outlined in MN statutes 216B 1642. The project owner operator must provide a shy bond cash deposit with Klay County or a letter of credit for 125% of the the cost of establishing native plant cover on the project site and then the out building lot line
encroachment must be resolved through a boundary line adjustment in order to mitigate future property line setback issues with the project. These conditions are standard for um one condition that I just think maybe
we could add to if if we're moving forward for approval is just that giving a time when the project has to be established by uh because I know in the past we've had um >> three years. >> Three years. Yeah. Okay. So project must
be established by um December 31st of 2029. >> That gives them time to build it out. Yeah. I'd like to see that as a condition so they don't have to come back here in a year if they haven't started. They plan on starting at fall of 2027. They'd be back here before they
even start. >> Well, like Sun said, and we've had some of them in the past that have >> Yeah. >> come forward had to be redone. I guess my question for the commission would be is should condition six stay or go?
>> I would get rid of it because if they ever do sell it, that property line will have to be dealt with then. >> Okay. I would agree with eliminating as um as printed and replacing it with a
three-year build window. And the screening part's already in the ordinance. So we don't need to make that a condition. Right. >> Unless well in the ordinance you do as the planning gives you as the planning commission authority to be more dis
deliberate or specific about this type in location of screening. >> If you so choose. But it is required >> is required by the ordinance. So >> and that will take care of the residents
that are around there. Is that >> Yep. That's a require all res all residences. It needs they need to have 100% screening. Yep. Okay. Everybody okay with the
six? Um, okay. Here's that point in time where we look for a motion to approve or deny the permit with the six conditions. >> Motion to approve the application with
the six proposed conditions. Motion by Josh. >> I can second. >> Seconded by Mr. Stiken. >> Any further discussion? >> Hearing none. All those in favor say I.
>> I. >> Opposed. >> I >> I call for roll. Um Mr. Hi >> hi >> Sebastian. >> Hi >> Brad.
>> Hi >> David. >> Hi >> Jeff. >> Hi >> Ashley. >> Hi [snorts] >> Josh. >> Hi >> Laura. >> Motion carries. We have a majority. The
permit is granted. Any unfinished business, Mr. Matt? >> Um, no, Mr. Chair, new business. >> Uh, yes. I should note that um as of July 1st um the IRS has increased the
mileage rates from 72 cents to 76 cents. So that's 3 12 cents per mile in your pocket. So um know everyone's going to be looking to move further away from Klay County or
from Morehead now after hearing that. So >> I can go about a mile east and I'm in Becker County. So >> So you're good >> and that's all that I have. Um >> and then um we are intending on
having an update and discussion on solar bigger particularly bigger solar projects. Yeah, I think that I mean I can I think my understanding of it is the focus is going to be kind of on the projects that would be fall under the purview of the PUC and kind of the
county rule and then also how residents can can kind of contribute to that process um county and township and residents. Is that kind of my understanding of what you would like to hear? um as well as an update to um the current project that we know about and
then potentially any other projects that might be coming up as well if we hear about any more. So, okay. I've been watching um the these larger projects are noticed every
week um by the state and I get an email every Tuesday about them. Um, and there's been quite a few um that have a um battery um energy storage
component involved in them as well. And we haven't seen any of those in in Klay County, but that's something I can certainly talk about in August as well at our meeting. >> Okay. Thank you everyone. We are uh scheduled to meet again third Tuesday in
August. I don't remember 13th. >> 18th >> 18th. >> Um, does anybody have any further items for discussion? Hearing none. Look for a motion to adjurnn. >> So move. >> Second.
>> Motion by Laura and seconded by Brad. All those in favor say I. I. I. >> Post. Motion is carried. Meeting is adjourned. Thank you everyone.