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OFFICIAL PROCEEDINGS OF THE BOARD OF COMMISSIONERS
BLUE EARTH COUNTY, MINNESOTA
March 12, 1996
The County Board of Commissioners met in the Commissioners'
Room at 9:00 a.m. Present were Chairperson Colleen Landkamer,
Commissioner Leon Tacheny, Commissioner Lin Barnes, Commissioner
Al Bennett, Commissioner Alvis More, County Attorney Ross Arneson
and County Administrator David Twa.
Commissioner Barnes moved and Commissioner Bennett seconded
the motion to approve the amended Agenda. The motion carried.
96-68
The Commissioners reported on committees that they have
attended since the last Board Meeting.
Mr. Rick Hanna, Land Use & Natural Resources Administrator,
and Mr. Bill Goebel, Land Use Specialist, presented the following
Planning and Zoning items.
Public comments were made by Mrs. Vera McMahon, Mapleton,
against the permit and Mr. Mike Anderson, Medo Township, in
support of the permit.
After discussion Commissioner Bennett moved and Commissioner
More seconded the motion to approve a conditional use permit to
build two total confinement swine buildings to Eugene Ward and
Bruce Ward, Section 2, Beauford Township. Commissioners Barnes,
Tacheny, and Landkamer voted nay. The motion failed.
The Board expressed concerns that the application does not
meet the requirements of paragraphs 1, 3, 5 and 6 of the findings
required for granting a conditional use permit. The Board
indicated they could not make the following findings relating to
the application:
1. That with proper management of the proposed
barns, manure storage facilities and manure
application, the Conditional Use will not be
injurious to the use of other property in the
immediate vicinity designated for
agricultural uses.
3. Adequate utilities, access roads, drainage
and other necessary facilities have been or
will be provided. Access will be from County
Road 10 (Seven ton limit).
5. Soil conditions are adequate to accommodate
the Conditional Use with the installation of
a footing tile and utilization of granular
back fill to lower the water table.
6. Proper facilities will be provided which will
eliminate any traffic congestion or traffic
hazard which may result from the proposed
use.
The Board found that the potential for increased odor was not in
compliance with paragraphs 1 and 5. The Board also found that
because of the high water table in the area, the potential for
pit leakage, and manure spreading problems, that the requirements
of paragraphs 3 and 6 were not met.
Mr. Silas Danielson, attorney representing Mr. Bruce Ward,
asked questions pertaining to the vote of the Board.
The following individuals spoke in regards to the next item:
Mr. Lac Lindeland, applicant, and Ms. Katie Wortel, Mankato
Township.
After discussion Commissioner More moved and Commissioner
Barnes seconded the motion to approve the following conditional
use permit:
RESOLUTION GRANTING A
CONDITIONAL USE PERMIT
TO CONSTRUCT TWO TOTAL CONFINEMENT SWINE BUILDINGS
SECTION 36, MEDO TOWNSHIP
WHEREAS, Lowell Lindeland, owner and Lac Lindeland, operator
of the following real estate in the County of Blue Earth,
Minnesota, to wit:
North Half, of the Northwest Quarter, except .5 acres
of County Highway and except .26 acres of Township Road, Section
36, Medo Township, T106N-R25W,
has applied for a Conditional Use Permit to build a total
confinement swine facility in an A-1, Prime Agriculture Zoning
District; and
WHEREAS, the Planning Agency of the County has completed a
review of the application and made a report pertaining to said
request (CO 07-96 ), a copy of said report has been presented to
the County Board; and
WHEREAS, the Planning Commission of the County on the 7th
day of February, 1996, following proper notice, held a public
hearing regarding the request and, following the hearing, adopted
a recommendation that the request for a Conditional Use Permit be
granted; and
WHEREAS, the Blue Earth County Board of Commissioners finds:
1. That with proper management of the proposed barns, manure
storage facilities and manure application, the Conditional
Use will not be injurious to the use of other property in
the immediate vicinity designated for agricultural uses.
2. That the predominate use in the area is agriculture and that
the Conditional Use will not impede the normal and orderly
development and improvement of surrounding vacant property
for the agricultural uses in the area.
3. Adequate utilities, access roads, drainage and other
necessary facilities have been or will be provided. Access
will be from C.S.A.H. 53 (7 ton road).
4. Adequate measures will be taken to provide sufficient off-
road parking and loading space to serve the proposed use.
5. Soil conditions are adequate to accommodate the Conditional
Use with the installation of a footing tile and utilization
of granular back fill to lower the water table.
6. Proper facilities will be provided which will eliminate any
traffic congestion or traffic hazard which may result from
the proposed use.
7. The feedlot is not greater than the feedlot standards
allowed in the A-1, Prime Agriculture Zoning District.
8. That the proposed use is consistent with the County Land Use
Plan.
9. That the proposed use does not include residential
development.
10. That the proposed use does not include industrial
development.
11. That the applicant has stated that he has an economic
need to expand his agricultural operation.
12. That with proper management of the proposed barns,
manure storage facilities and manure application, the
Conditional Use should not constitute a potential
pollution hazard
NOW, THEREFORE, BE IT RESOLVED, by the Blue Earth County
Board of Commissioners, that the request for a Conditional Use
Permit, to build a total confinement swine facility in an A-1
Prime Zoning District, is granted with the following conditions:
1. That the confinement barns conform with the site plan
attached to this report.
2. That an MPCA Certificate of Compliance is issued before a
construction permit is issued on the proposed request.
3. That a Blue Earth County Feedlot Permit and a Blue Earth
County Construction Permit is issued before construction of
the total confinement barns begin.
4. That a perimeter footing drain tile shall be located at or
below the bottom of the pit footings. The footing tile
shall include one inspection pipe for each concrete pit.
Native material must be excavated and walls back filled with
granular material ( pit run gravel or equivalent ).
5. That the land application of manure be on the land described
and complies with standards set forth in Attachment A-1,
Manure Management Summary and Attachment A-4, Manure
Application Setbacks.
6. That the applicant obtain a Department of Natural Resources,
"Water Appropriations Permit".
7. That the disposal of dead animals shall be consistent
with the Minnesota Board of Animal Health regulations.
Applicant shall provide an enclosed location for the
pick up of dead animals.
8. That adequate measures are taken to minimize or control
offensive odor, fumes, dust, noise, or vibrations so that
none of these will constitute a nuisance.
9. That the well from the vacant farm site is properly
sealed before construction begins.
10. That any subsurface tiles located where the proposed
barns are to be built are removed and relocated.
This resolution shall become effective immediately upon its
passage and without publication.
The motion carried. 96-69
Commissioner Bennett moved and Commissioner More seconded
the motion to approve the following:
RESOLUTION GRANTING A
CONDITIONAL USE PERMIT
TO CONSTRUCT TWO TOTAL CONFINEMENT SWINE BUILDINGS
SECTION 5, STERLING TOWNSHIP
WHEREAS, Larry Hollerich, owner of the following real estate
in the County of Blue Earth, Minnesota, to wit:
North Half, of the Southwest Quarter, of Section 5,
Sterling Township, T105N-R27W,
has applied for a Conditional Use Permit to build two total
confinement swine buildings in an A-2, Limited Agriculture
Zoning District; and
WHEREAS, the Planning Agency of the County has completed a
review of the application and made a report pertaining to said
request (CO 08-96 ), a copy of said report has been presented to
the County Board; and
WHEREAS, the Planning Commission of the County on the 7th
day of February, 1996, following proper notice, held a public
hearing regarding the request and, following the hearing, adopted
a recommendation that the request for a Conditional Use Permit be
granted; and
WHEREAS, the Blue Earth County Board of Commissioners finds:
1. That with proper management of the proposed barns, manure
storage facilities and manure application, the Conditional
Use will not be injurious to the use of other property in
the immediate vicinity designated for agricultural uses.
2. That the predominate use in the area is agriculture and that
the Conditional Use will not impede the normal and orderly
development and improvement of surrounding vacant property
for the agricultural uses in the area.
3. Adequate utilities, access roads, drainage and other
necessary facilities have been or will be provided. Access
will be from County Road 19 (5 ton road).
4. Adequate measures will be taken to provide sufficient off-
road parking and loading space to serve the proposed use.
5. Soil conditions are adequate to accommodate the Conditional
Use with the installation of a footing tile and utilization
of granular back fill to lower the water table.
6. Proper facilities will be provided which will eliminate any
traffic congestion or traffic hazard which may result from
the proposed use.
7. The feedlot is not greater than the feedlot standards
allowed in the A-2, Limited Agriculture Zoning District.
8. That the proposed use is consistent with the County Land Use
Plan.
9. That the proposed use does not include residential
development.
10. That the proposed use does not include industrial
development.
11. That the applicant has stated that he has an economic
need to expand his agricultural operation.
12. That with proper management of the proposed barns,
manure storage facilities and manure application, the
Conditional Use should not constitute a potential
pollution hazard
NOW, THEREFORE, BE IT RESOLVED, by the Blue Earth County
Board of Commissioners, that the request for a Conditional Use
Permit, to build a total confinement swine facility in an A-2
Limited Agriculture Zoning District, is granted with the
following conditions:
1. That the confinement barns conform with the site plan
attached to this report.
2. That an MPCA Certificate of Compliance is issued before a
construction permit is issued on the proposed request.
3. That a Blue Earth County Feedlot Permit and a Blue Earth
County Construction Permit is issued before construction of
the total confinement barns begin.
4. That a perimeter footing drain tile shall be located at or
below the bottom of the pit footings. The footing tile
shall include one inspection pipe for each concrete pit.
Native material must be excavated and walls back filled with
granular material ( pit run gravel or equivalent ).
5. That the land application of manure be on the land described
and complies with standards set forth in Attachment A-1,
Manure Management Summary and Attachment A-4, Manure
Application Setbacks.
6. That the applicant obtain a Department of Natural Resources,
"Water Appropriations Permit".
7. That the disposal of dead animals shall be consistent with
the Minnesota Board of Animal Health regulations. Applicant
shall provide an enclosed location for the pick up of dead
animals.
8. That adequate measures are taken to minimize or control
offensive odor, fumes, dust, noise, or vibrations so that
none of these will constitute a nuisance.
9. That adequate measures be taken to protect the
designated wetland during construction.
This resolution shall become effective immediately upon its
passage and without publication.
The motion carried. 96-70
Commissioner More moved and Commissioner Bennett seconded
the motion to approve the following conditional use permit:
RESOLUTION GRANTING A
CONDITIONAL USE PERMIT
TO EXPAND AN EXISTING TOTAL CONFINEMENT SWINE BUILDING
SECTION 18, BEAUFORD TOWNSHIP
WHEREAS, Glen Sohre, owner of the following real estate in
the County of Blue Earth, Minnesota, to wit:
North Half, of the Northwest Quarter, of the Northeast
Quarter, except the East 100 Feet, of Section 18,
Beauford Township, T106N-R26W,
has applied for a Conditional Use Permit to build two total
confinement swine buildings in an A-1, Prime Agriculture ZoningDistrict; and
WHEREAS, the Planning Agency of the County has completed a
review of the application and made a report pertaining to said
request (CO 09-96 ), a copy of said report has been presented to
the County Board; and
WHEREAS, the Planning Commission of the County on the 7th
day of February, 1996, following proper notice, held a public
hearing regarding the request and, following the hearing, adopted
a recommendation that the request for a Conditional Use Permit be
granted; and
WHEREAS, the Blue Earth County Board of Commissioners finds:
1. That with proper management of the proposed barns, manure
storage facilities and manure application, the Conditional
Use will not be injurious to the use of other property in
the immediate vicinity designated for agricultural uses.
2. That the predominate use in the area is agriculture and that
the Conditional Use will not impede the normal and orderly
development and improvement of surrounding vacant property
for the agricultural uses in the area.
3. Adequate utilities, access roads, drainage and other
necessary facilities have been or will be provided. Access
will be from County Road 167 (5 ton road).
4. Adequate measures will be taken to provide sufficient off-
road parking and loading space to serve the proposed use.
5. Soil conditions are adequate to accommodate the Conditional
Use with the installation of a footing tile and utilization
of granular back fill to lower the water table.
6. Proper facilities will be provided which will eliminate any
traffic congestion or traffic hazard which may result from
the proposed use.
7. The feedlot is not greater than the feedlot standards
allowed in the A-1, Prime Agriculture Zoning District.
8. That the proposed use is consistent with the Blue Earth
County Land Use Plan.
9. That the proposed use does not include residential
development.
10. That the proposed use does not include industrial
development.
11. That the applicant has stated that he has an economic need
to restructure his agricultural operation.
12. That with proper management of the proposed barns,
manure storage facilities and manure application, the
Conditional Use should not constitute a potential
pollution hazard
NOW, THEREFORE, BE IT RESOLVED, by the Blue Earth County
Board of Commissioners, that the request for a Conditional Use
Permit, to build a total confinement swine facility in A-1 Prime
Agriculture Zoning District, is granted with the following
conditions:
1. That the confinement barns conform with the site plan
attached to this report.
2. That an MPCA Certificate of Compliance is issued before a
construction permit is issued on the proposed request.
3. That a Blue Earth County Feedlot Permit and a Blue Earth
County Construction Permit is issued before construction of
the total confinement barns begin.
4. That a perimeter footing drain tile shall be located at or
below the bottom of the pit footings. The footing tile
shall include one inspection pipe for each concrete pit.
Native material must be excavated and walls back filled with
granular material ( pit run gravel or equivalent ).
5. That the land application of manure be on the land described
and complies with standards set forth in Attachment A-1,
Manure Management Summary and Attachment A-4, Manure
Application Setbacks.
6. That the disposal of dead animals shall be consistent with
the Minnesota Board of Animal Health regulations. Applicant
shall provide an enclosed location for the pick up of dead
animals.
7. That adequate measures are taken to minimize or control
offensive odor, fumes, dust, noise, or vibrations so that
none of these will constitute a nuisance.
8. That the applicant stop using barns 2,3,4, and 5 as
identified in attachment A-3 site plan. The applicant
may designate one barn to house sick or diseased
animals.
This resolution shall become effective immediately upon its
passage and without publication.
The motion carried. 96-71
Commissioner Bennett moved and Commissioner More seconded
the motion to approve a one year extension of the funding request
pledge of $4,000 a year for three years to Quad Lakes and Duck
Lake. The County will incur this obligation only if the grant
application to the MPCA is successful. The organizations will
re-submit their applications again this fall for the Clean Water
Partnership Grant. The motion carried. 96-72
Commissioner Barnes moved and Commissioner Tacheny seconded
the motion to authorize the Chairperson to sign an agreement with
the Department of the Interior for a Geological Survey Joint
Funding Agreement for Water Resources Investigations on the Blue
Earth River Clean Water Partnership Project. Ms. Katie Wortel,
Mankato Township and Ms. Diane Rudy, Decoria Township made
comments. The motion carried. 96-73
Ms. Sandy Oppegard, Executive Director of South Central
Private Industry Council, presented the following for the Boards
consideration.
Commissioner Barnes moved and Commissioner Bennett seconded
the motion to approve the name change of South Central Private
Industry Council to South Central Workforce Council and expand
the responsibilities as reflected in the Joint Powers Agreement.
The motion carried. 96-74
Commissioner Tacheny moved and Commissioner More seconded
the motion to approve the February 20, 1996 Board Minutes. The
motion carried. 96-75
Commissioner More moved and Commissioner Barnes seconded the
motion to approve the following Bills:
Bills for Week of February 26 - March 1, 1996
Grand Total $5,122,989.92
Bills for Week of March 4-8, 1996
Grand Total $2,079,364.77
Bills for Week of March 11-15, 1996
Grand Total $613,613.63
The motion carried. 96-76
Commissioner Tacheny moved and Commissioner More seconded
the motion to approve the following Personnel items:
Resignation of Roger Engkjer, Clinical Social Worker
(C43), effective March 1, 1996. (Human Services)
Authorization to initiate recruitment for a Clinical
Social Worker (C43). (Human Services)
Lateral Transfer of Marsha Ouren, from a Clerk (A11)
(Human Services) to a Clerk (A11) with no change in
salary effective March 11, 1996. (Personnel)
Authorization to initiate recruitment for a Clerk
(Part-Time) (A11). (Human Services)
Employment of Tracy Hudrlik, as a Probation Officer
(C42) with a starting salary of $13.78 per hour
effective March 4, 1996. (Community Corrections)
Employment of Paul Ahearn, as a Probation Officer (6-
month full-time temporary) (C42) with a starting salary
of $13.78 per hour effective March 4, 1996. (Community
Corrections)
The motion carried. 96-77
Commissioner More moved and Commissioner Bennett seconded
the motion to approve a tax abatement to Gerald and Gloria
Hofman, Pemberton, MN R16-20-01-379-001 K-120096. The motion
carried. 96-78
Commissioner Barnes moved and Commissioner Bennett seconded
the motion to approve a Gambling Premises Permit Renewal
Application from Eagles Aerie 269 Mankato to be held at the Last
Chance Bar, South Bend Township. The motion carried. 96-79
Commissioner Bennett moved and Commissioner Barnes seconded
the motion to send a letter of support to Region Nine Development
Commission for a grant application from the Minnesota Board of
Government Innovation and Cooperation for the feedlot training
and technical assistance project. The motion carried. 96-80
Commissioner Barnes moved and Commissioner Tachney seconded
the motion to send a letter of support to Region Nine Development
Commission for a grant application from the Minnesota Board of
Government Innovation and Cooperation for a planning grant to
study the potential for multi-jurisdictional dispatching. The
motion carried. 96-81
Commissioner Tacheny moved and Commissioner Barnes seconded
the motion to approve the following resolution:
RESOLUTION OF THE COUNTY OF BLUE EARTH
WHEREAS, the development of utility scale wind energy
conversion systems is currently taking place in
Southwest Minnesota, and
WHEREAS, the Minnesota Legislature has enacted
legislation that exempts a considerable portion of the
market value of utility scale wind energy conversion
systems from property taxation, and
WHEREAS, there is a great disparity between the
property tax which can be levied against wind energy
conversion systems and the property tax which can be
levied against other types of electric power plants,
and
WHEREAS, many of the public benefits of wind energy
conversion systems accrue to the entire State of
Minnesota rather than local communities.
NOW THEREFORE BE IT RESOLVED, that the Blue Earth
County Board of Commissioners supports state
legislation which would provide a graduated level of
property taxation on wind energy conversion systems.
Systems of under two megawatts nameplate capacity are
exempt from property taxation. Systems of two to
twelve megawatts of nameplate capacity are taxed under
the current law. Forty percent of the value of systems
of greater than twelve megawatts nameplate capacity be
taxed at the commercial property tax rate.
The motion carried. 96-82
Commissioner Barnes moved and Commissioner Tacheny seconded
the motion to approve the following Proclamations:
PROCLAMATION
Whereas, Academic Excellence is an accomplishment
deserving recognition; and the vast knowledge gained
through academics can enrich the lives of many,
thereby contributing to better citizenship; and
The Mankato West High School Academic Decathlon Team
has won the Minnesota State Championship Class AA
Division, for the eighth year in a row, and will
represent the State of Minnesota;
The citizens of Blue Earth County wish to congratulate
and recognize this exciting accomplishment; and
It is appropriate to designate March 22, 1996 as
"MANKATO WEST HIGH ACADEMIC DECATHLON TEAM DAY!"
Now, Therefore, Be It Resolved, by the Blue Earth
County Board of Commissioners that the Mankato West
High School Academic Decathlon Team be congratulated on
behalf of the entire County of Blue Earth on their
achievements!
Be it further resolved, that March 22, 1996, is hereby
proclaimed
"MANKATO WEST HIGH ACADEMIC DECATHLON TEAM DAY!"
And
PROCLAMATION
Whereas, Academic Excellence is an accomplishment
deserving recognition; and the vast knowledge gained
through academics can enrich the lives of many,
thereby contributing to better citizenship; and
The Lake Crystal-Wellcome Memorial High School Academic
Decathlon Team has won the Minnesota State Championship
Class A Division;
The citizens of Blue Earth County wish to congratulate
and recognize this exciting accomplishment; and
It is appropriate to designate March 21, 1996 as
"LAKE CRYSTAL-WELLCOME MEMORIAL HIGH SCHOOL
ACADEMIC DECATHLON TEAM DAY!"
Now, Therefore, Be It Resolved, by the Blue Earth
County Board of Commissioners that the Lake
Crystal-Wellcome Memorial High School Academic
Decathlon Team be congratulated on behalf of the entire
County of Blue Earth on their achievements!
Be it further resolved, that March 21, 1996, is hereby
proclaimed
"LAKE CRYSTAL-WELLCOME MEMORIAL HIGH SCHOOL
ACADEMIC DECATHLON TEAM DAY!"
The motion carried. 96-83
Mr. Al Forsberg, Public Works Director, presented the
following items for the Boards consideration.
Commissioner Bennett moved and Commissioner More seconded
the motion to approve the following:
RESOLUTION ESTABLISHING A COUNTY ROAD
WHEREAS; It appears to the Board of Commissioners of
the County of Blue Earth, that the road hereinafter
described should be established a County Road;
NOW THEREFORE, BE IT RESOLVED by the Board of
Commissioners of the County of Blue Earth, that the
road described as follows, to wit:
County Road No. 104
Beginning at a point at or near the Northeast
Corner of Section 06, Township 108 North,
Range 29 West; thence along the established
centerline of the public road described as
follows: From said point of beginning,
extending Westerly along or near the North
Line of Section 06 (the South Line of Section
31, Township 109 North, Range 29 West);
thence along the West Lines of Sections 31,
30, and 19, Township 109 North, Range 29 West
to the Northwest Corner of the Southwest
Quarter of the Southwest Quarter of said
Section 19 and thence terminating. Amounting
to 3.25 miles, more or less.
be, and hereby is, established as a County Road.
The motion carried. 96-84
Commissioner Barnes moved and Commissioner Tacheny seconded
the motion to send a letter to area legislators regarding
concerns with transportation funding and revisions to the Wetland
Conservation Act. The motion carried. 96-85
Commissioner Tacheny moved and Commissioner Bennett seconded
the motion to adjourn at 12:35 p.m. The motion carried. 96-86
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