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9:10 a.m. Adjourned the Board of Equalization meeting and returned to the regular meeting. <br /> PUBLIC PARTICIPATION — Chairman Arnold called for public participation and no one <br /> responded. <br /> 4a. COUNTY ATTORNEY a) EXECUTIVE SESSION IMMINENT LITIGATION - County <br /> Attorney Jack Zitterkopf stated that he considered the executive session but decided to proceed <br /> in public session. <br /> This is regarding a cattle feeding operation owned by Mr. Ken Kohlhoff. He applied for a <br /> conditional use permit and the application was received last spring. The public hearing did not <br /> proceed and he understood that he was not in compliance so the application died. This did <br /> resurface a couple of weeks ago. It appeared that the applicant wanted the county to change <br /> the zoning regulations so he would be in compliance instead of his operation being in <br /> compliance with the zoning regulations. He does have an application with the DEQ. Mr. <br /> Zitterkopf stated that he met with the conditional use committee last Thursday and was asked to <br /> prepare a letter to Mr. Kohlhoff and the neighbor's attorney explaining what action the county <br /> was going to take. Mr. Zitterkopf stated that he thought it best to discuss this with the board in <br /> executive session but after consideration Mr. Kohlhoff is not in compliance and does not have a <br /> conditional use permit. He is suggesting that a demand letter be sent to Mr. Kohlhoff giving him <br /> 10 days to be in compliance and if there is not progress he would file action in district court to <br /> stop his operation. <br /> Discussion was held if here should be a motion and Quandt stated that this is not on the <br /> agenda. Mr. Zitterkopf stated that if the board does not want to do this he will take it upon <br /> himself as the county's legal counsel and send a letter and proceed with an injunction as <br /> necessary. Mr. Zitterkopf stated that he understands it is not on the agenda and he has talked <br /> to various people and the only one that would complain would be Mr. Kohlhoff <br /> Lancaster stated that the County Attorney is the chief law enforcement officer for the county and <br /> this is a civil matter. It is his duty to enforce this. She expressed concern on why the entire <br /> board did not know why it was never completed. Schuppan stated that he did inform the board <br /> that he was not in compliance. <br /> Regional Planning Director Chad Nabity was present and stated he was not involved in the <br /> conditional use application process but one key issue was that a permit for 100 to 1000 head <br /> requires a '/4 mile set back and if it is 1001 head to 5000 it is a 1 mile set back. He was too close <br /> to the neighboring houses so it could not be issued. He wanted to start another feed lot beside <br /> the first one and you can have two beside one another as long they do not share services and is <br /> 1/4 mile away then they would be in compliance. <br /> Schuppan stated that Mr. Kohlhoff knew the regulations and now he has 3000 head of cattle <br /> and he wants the County to change the zoning regulations. <br /> Mr. Zitterkopf stated that by setting up 2 separate corporations then you can avoid zoning <br /> regulations. He wants to have 2 one he owns and one he owns with his employees. They <br /> would be separate as long as there is substantial ownership difference but he has ownership in <br /> both. He is just trying to avoid zoning regulations. <br /> 3 <br />