Chairman Darrel Fehr called the meeting to order on August 18, 2014 at 8:00 pm. The supervisors present were David Clements and John Sykora. Other officers present were: Victoria Trinko-Clerk and Judith A. Prince-treasurer. See the attached list for delegation present.
Certification of proper posting for the scheduled town board meeting: The notice for the August town board meeting was duly posted on August 12, 2014 in the 3 designated places within the Town of Cooks Valley.
Public Comment: Chuck Flodquist reported the spring run-off and the June 28th rainfall produced water coming from the EOG mine [Denny Schindler] with syrup like quality containing silt. Prior to the construction of the mine and water retention ponds, rainfall run-off contained more top soil and dried up unlike the slow continuous, syrupy run-off that is continually wet in the fields and nothing can be grown in the soil that is washing down with the water. Mark Berge displayed two jars of water retrieved from his farm. One contained water that came from the Loran Zwiefelhofer property which was clear. The other jar collected from the run-off from the Denny Schindler property was cloudy with silt/sediment on the bottom of the jar. Mark Berge and his son contacted the DNR about the run-off and they came one time to observe the property but have not returned when called again. Kramer [in charge of the Denny Schindler mine] has placed 6 bales of hay below Denny Schindler’s mine to filter the water. The design of the mine and water retention ponds is for a slow run off. It was suggested that more mines would only exacerbate the problem. The Arcadia area is also experiencing similar problems with run-off from the mines. Victoria Trinko suggested even though the design of the mine is in accordance with the specifications of the DNR and the Chippewa County, a problem persists with run-off and the quality of the water is causing distress and hardship to the landowners affected by the run-off. These complaints need to be addressed. Chairman Darrel Fehr said these concerns would be addressed at the annual permit review in March of 2015. Gene Pagel commented trucks have been running on 60th Street. Chairman Darrel Fehr felt they should not be on that street unless the cutting of trees is causing the road to be closed to truck traffic. The chairman has not been contacted when the trucks are running on the alternate route which is 60th Street. When the road construction begins, 60th Street will be the alternate route. If the county is working on County Highway DD, an alternate route may be on County Highway DD to other county roads. When the road construction is on 186th Street and the new bridge is constructed on County Highway DD, the alternate mine haul route will be 60th Street for a possible three or more week period.
Darrel Fehr made a motion to move item #9 to item # 4. David Clements seconded the motion. The motion carried 3-0.
Discussion and possible action on opening of bids for cracksealing/flexpatching on various roads: David Clements made a motion to award the bid for cracksealing/ flexpatching to Fahrner on 60th Street for $19,072.00 and 46th Street for $7590.00 and the bid for cracksealing/flexpatching to Scott Construction on 40th Street for $3572.00 and 155th Avenue for $13,482.00. Darrel Fehr seconded the motion. The motion carried 3-0.
Discussion and possible action on budget categories: No action was needed for this item
Approval of the July 16, 2014 regular monthly town board meeting minutes and July 24, and August 6, 2014 special meeting minutes: John Sykora made a motion to approve and place on file the July 16, 2014 regular monthly town board meeting minutes and the July 24 and August 6, 2014 special meeting minutes. David Clements seconded the motion. The motion carried 3-0.
Reading by the Treasurer of the July financial report: The ending check book balance was $109,430.11 as of July 31, 2014. The total cash assets for the Town of Cooks Valley were $281,673.37. There were three outstanding checks. CD #42544 matured and rolled over.
Reading and approval of the July bills: David Clements made a motion to approve payment of the July bills. John Sykora seconded the motion. The motion carried 3-0.
Building permits: Eric Lierman-detached garage, Robby Turner-shed, Bill Swartz-shed, Don Swartz-garage. Driveway permits-Tom Maul-EOG, Jonathon Stump. The town board recommended the clerk check if Jonathon Stump’s driveway was in the cul-de-sac of Woodhaven. If the driveway is in the cul-de-sac, it is not on a town road and therefore not subject to the town driveway ordinance. The check should be returned to Jonathon Stump.
Discussion and possible action of liquor license application-Jimmy’s Juke Joint: Darrel Fehr made a motion to approve the liquor license application for Jimmy’s Juke Joint. David Clements seconded the motion. The motion carried 3-0.
Discussion and possible action on operators license applications: Darrel Fehr made a motion to approve the operators license applications. John Sykora seconded the motion. The motion carried 3-0.
Discussion of concerns pertaining to the plan commission: Plan commission Chairman Doug Zwiefelhofer reported on the August 6, 2014 plan commission meeting for the discussion of a variance. In the case of Kevin Ruff/Danielle Rothbauer, the plan commission recommended approval of the requested variance from the road with the condition that the owner install a wide Y-turn in the driveway to alleviate backing out onto the road and also approve the one foot variance of 59 ft. instead of 60 ft. from the property line. No adjoining neighbors attended the meeting. David Clements made a motion to grant a variance to Kevin/Danielle Rothbauer Ruff contingent upon the placement of a Y-Turn in their driveway to avoid backing onto the road and granting a one foot variance of 59 ft. instead of the 60 ft. setback from the property line. John Sykora seconded the motion. The motion carried 3-0.
Chairman’s report – the WTA sent a letter recommending the non-enactment of a resolution from the Sierra Club and other environmental groups. -There was concern the resolution would affect funding to the Transportation fund. Fire Dept- no fires in the Town of Cooks Valley in the month of July. Mine Road- Lloyd Niesen had concerns about the property value indicated in the Preferred Sands property value guarantee. Preferred Sands agreed the value was incorrect and will make the necessary arrangements. The Niesen property will be placed on the market. Chairman Darrel Fehr reported on a meeting Friday August 15, 2014 regarding a proposed sand mine with the property owners-Loran Zwiefelhofer, Curly Zwiefelhofer, Tom Schindler, and William Schindler III. The mine would be more than 500-600 acres. Pur-Frack mining has Bruce Durand and David Rosenbrook as the contact people. This mine would include a wet plant and new dry plant in New Auburn. Summit EnviroSolutions with Tom Gapinske as engineer would be involved with this mine and the proposed 2000 acre mine in the town of Howard. The timeline is to have county approval by December. There were concerns expressed by the delegation present about the construction of these mines.
Dissemination of Information- clerk’s report –equalization report for DOR, DOA estimate on the population of the Town of Cooks Valley 820, and Statement of assessment from the DOR.
Future agenda items and business:
Discussion and possible action on budget categories
Building permits
Discussion and possible action on concerns pertaining to the Plan commission
Discussion on future mine sites
Chairman’ report
Dissemination of information
Proposed date for annual permit review Preferred Sand, Chippewa Sand September 22, 2014
David Clements made a motion to have the next meeting on Monday September 15, 2014 at 8:00 pm. Darrel Fehr seconded the motion. The motion carried 2-0.
Board of Review on September 9, 2014.
Adjourn: John Sykora made a motion to adjourn at 9:19 pm. David Clements seconded the motion. The motion carried 3-0.
Typed: August 22, 2014 Respectfully Submitted,
Approved: September 15, 2014 Victoria Trinko-town clerk