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OFFICIAL PROCEEDINGS OF THE BOARD OF COMMISSIONERS
BLUE EARTH COUNTY, MINNESOTA
March 28, 1995
The County Board of Commissioners met in the Commissioners'
Room at 9:00 a.m. Present were Chairperson Leon Tacheny,
Commissioner Colleen Landkamer, Commissioner Lin Barnes,
Commissioner Al Bennett, Commissioner Alvis More, County Attorney
Ross Arneson and County Administrator David Twa.
Commissioner Landkamer moved and Commissioner Bennett
seconded the motion to approve the amended Agenda. The motion
carried. 95-92
The Commissioners gave updates on the committees that they
serve on.
Mr. Guy Lunz, Friends of the Watonwan River, presented the
following item for the Boards consideration.
Commissioner Landkamer moved and Commissioner Bennett
seconded the motion to approve the following resolution:
RESOLUTION
SUPPORTING THE DESIGNATION OF A CANOE ROUTE
WHEREAS, the Watonwan River is a navigable river
flowing through Riverdale Township and the City of
Madelia in Watonwan County; and
WHEREAS, the Minnesota Department of Natural Resources
has installed a canoe landing in Watona Park in
Madelia; and
WHEREAS, the Friends of the Watonwan River Organization
has indicated a willingness to adopt the Watonwan River
to keep the river banks clear of debris; and
WHEREAS, the Watonwan County Board of Commissioners has
an interest in enhancing the use of the recreational
facilities throughout the County.
NOW, THEREFORE, BE IT RESOLVED, that the Watonwan
County Board of Commissioners strongly supports the
designation of the Watonwan River from the segment
flowing from Riverdale Township Road 99 to its
confluence with the Blue Earth River as a State Canoe
Route.
The motion carried. 95-93
Mr. Ken Bunde, Mankato, updated the Board on the Mankato
Paddling and Outings Club's river clean up projects they are
planning.
Ms. Kari Lenort, Southeastern Minnesota Initiative Fund,
gave an overview of the organizations program and thanked the
Board for all their support.
Mr. Dan Fitzsimmons, President of Pork Producers; Mr. David
Homer, Farm Credit Services, and Ms. Katie Wortel, Mankato, made
comments regarding the County's Feedlot Ordinance.
Mr. Rick Hanna, Land Use & Natural Resources Administrator,
presented the following Planning & Zoning item.
Those speaking in support of the conditional use permit were
Wallace and Kathy Jo Johns, petitioners. Those neighbors
speaking against were: Mr. Pat Laird, Mr. Kevin Elg, Ms. Dawn
Elg, Mr. Roy Amundson, Ms. Donna Amundson, Mr. Jim Schweiss, Ms.
Jan Weidenback, Mr. Wes Childe, Ms. Diane Laird, Ms. Mary Fields,
Mr. Chad Oachs, and Mr. David Fields.
After discussion Commissioner Bennett moved to approve the
Conditional Use Permit and recommend adding a stipulation that
the home must be owner occupied. The motion failed for a lack
of a second.
Commissioner Barnes moved and Commissioner More seconded the
motion to deny the conditional use permit based on Blue Earth
County's Zoning Ordinance, Section 23, Subdivision 5, Condition 1
which states that the permit shall not be injurious to the use
and enjoyment of other property in the immediate vicinity for the
purposes already permitted. Commissioners Landkamer, Bennett and
Tacheny opposed the motion. The motion failed.
Commissioner Bennett resubmitted his previous motion to
approve the following Conditional Use Permit and add a
stipulation that the home must be owner occupied; Commissioner
Landkamer seconded the motion:
RESOLUTION GRANTING A
CONDITIONAL USE PERMIT
CONSTRUCTION OF A TWO FAMILY DWELLING
HENSONSHIRE SUBDIVISION
SECTION 33, LIME TOWNSHIP
WHEREAS, Wallace and Kathy Jo Johns, owners of the following
real estate in the County of Blue Earth, Minnesota, to wit:
Lots 13 and 14, Block 3, Hensonshire Subdivision, Southeast
Quarter of Section 33
Lime Township, T109N-R26W,
has applied for a Conditional Use Permit to construct a two
family duplex in a R-1, Rural Residence 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 08-95), a copy of said report has been presented to
the County Board; and
WHEREAS, the Planning Commission of the County on the 1st
day of March, 1995, 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
denied; and
WHEREAS, the Blue Earth County Board of Commissioners finds
that:
1. The proposed use complies with the County Zoning
Ordinance.
2. The proposed use complies with the County Land Use
Plan.
3. The Conditional Use will not be injurious to the use
and enjoyment of other property in the immediate
vicinity for the purpose already permitted.
4. The establishment of the Conditional Use will not
impede the normal and orderly development and
improvement of surrounding vacant property for
predominant uses in the area.
5. Adequate utilities, driveway, drainage, parking, and
other necessary facilities will be provided.
6. Adequate measures will be taken to provide sufficient
off-street parking space to serve the proposed use.
7. Adequate space is available for individual on site
sewage treatment.
8. The density of proposed residential development is not
greater than the density allowed in the zoning district
in which it is located.
NOW THEREFORE BE IT RESOLVED, by the Blue Earth County
Board of Commissioners, that the request for a Conditional Use
Permit to construct a two family duplex, in a R-1 Zoning
District, is granted with the following conditions:
1. No building permit will be issued until a septic system
design for the sewage treatment system is completed.
2. The applicant must construct an on site sewage
treatment system with the capacity to serve a two
family dwelling.
3. The applicant must maintain adequate "off street"
parking spaces to accommodate a two family dwelling.
4. Any changes or increase in usage, such as an increase
in bedrooms, will require a review of the Conditional
Use Permit.
5. The owner shall not be granted a construction permit in
the future for the purpose of converting garage space
to living space without first making provisions for
adequate off-street parking space.
This resolution shall become effective immediately upon its
passage and without publication.
The motion carried. Commissioner More and Barnes voted nay. 95-94
Commissioner Barnes moved and Commissioner Landkamer
seconded the motion to approve the following resolution and send
letters to Senators Wellstone and Grams supporting the Federal
Waste Flow Control legislation:
WHEREAS, there is currently legislation being
considered in the United States Senate (S 534) dealing
with Waste Flow Control and
WHEREAS, this proposed legislation only covers
individual counties that passed designation ordinances
prior to May 15, 1994; and
WHEREAS, the Association of Minnesota Counties
encourages support for broader legislation and related
amendments that allow for flow control for any states
that authorized waste designation prior to May 15,
1994; and
WHEREAS, the State of Minnesota gave approval to
counties to establish flow control ordinances based on
the Waste Management Act of 1980's Designation Statute
MS115A.80 prior to May 15, 1994; and
WHEREAS, Minnesota counties recognize the need to play
for and practice environmentally sound and responsible
methods of managing their solid waste stream; and
NOW, THEREFORE, BE IT RESOLVED that the Blue Earth
County Board of Commissioners supports legislation and
required amendments at the federal level that would
allow for waste flow control to any state that
authorized waste designation prior to May 15, 1994; and
BE IT THEREFORE FURTHER RESOLVED, that the Blue Earth
County Board of Commissioners urges all members in the
Senate/House from the Minnesota Delegation to support
such legislation.
The motion carried. 95-95
Mr. John Rollings, SWCD, presented the following item for
the Boards consideration.
Commissioner Bennett moved and Commissioner More seconded
the motion to approve the following resolution:
WHEREAS, Blue Earth County Soil and Water Conservation
District has been advised that the Minnesota Department
of Agriculture is implementing a low-interest loan
program as a tool towards achieving water quality goals
set forth in Blue Earth County's comprehensive local
water plan; and
WHEREAS, Blue Earth County Soil and Water Conservation
District will be making an application with the
Minnesota Department of Agriculture to participate in
said program; and
WHEREAS, Blue Earth County supports Blue Earth County
Soil and Water Conservation District's efforts in this
endeavor and Blue Earth County will defer to Blue Earth
County Soil and Water Conservation District the
authority to apply for such a program; and
WHEREAS, Blue Earth County is of the understanding that
Blue Earth County will not become involved as a source
of funds under the program, a grantor of loans under
the program, a guarantor of loans under the program, a
reviewer of applications for loans under the program
and will assume no liability under the program;
NOW, THEREFORE, BE IT RESOLVED that Blue Earth County
supports Blue Earth County Soil and Water Conservation
District's application under the Agriculture Best
Management Practices Loan Program.
The motion carried. 95-96
Commissioner Barnes moved and Commissioner Bennett seconded
the motion to approve the amended March 14, 1995 Board Minutes.
The motion carried. 95-97
Commissioner Landkamer moved and Commissioner Barnes
seconded the motion to approve the following Bills:
Bills for Week of March 20-24, 1995
Grand Total $1,146,373.03
Bills for Week of March 27-31, 1995
Grand Total $409,040.90
The motion carried. 95-98
Commissioner Bennett moved and Commissioner More seconded
the motion to approve an Application for Consumption and Display
(Set-Up) Permit and a Combination Application for Retailer's (On-
Sale) (Off-Sale) Non-Intoxicating Malt Liquor License to L.B.'s
Inc d/b/a L.B.'S, RR 2, Box 85, Lake Crystal, MN. The motion
carried. 95-99
Commissioner Landkamer moved and Commissioner Barnes
seconded the motion to approve the County Crash Reduction
Enforcement Effort:
RELATING TO COUNTY CRASH REDUCTION
ENFORCEMENT EFFORT
WHEREAS, the Minnesota Department of Public Safety has
continued to promote efforts to reduce crashes and
injuries on our roadways during this project through
education and enforcement; and,
WHEREAS, the Minnesota Department of Public Safety has
established the County Crash Reduction Enforcement
Effort for 1995 to achieve the above stated purpose,
promoting law enforcement and traffic safety; and,
WHEREAS, the County is eligible to receive up to
$7,000.00 in reimbursement for participation in County
Crash Reduction Enforcement Effort to be conducted
beginning on May 12, 1995, and extending through
September 4, 1995, to offset any increased overtime
patrol costs:
NOW, THEREFORE, BE IT RESOLVED that Blue Earth County
enter into agreement with the State of Minnesota,
Department of Public Safety for the following purposes,
to wit: to reimburse the County for money spent for
approved activities in connection with County Crash
Reduction Enforcement Effort for additional traffic law
enforcement on County State Aid Highways within said
County to increase compliance on speed, seatbelts,
child restraints and other hazardous driving
violations.
BE IT FURTHER RESOLVED that the Chairperson of the
County Board or the County Auditor hereby are
authorized to execute such agreement and any amendment
thereto.
BE IT FINALLY RESOLVED that a copy of this resolution
be forwarded to Bradley Peterson, County Sheriff.
The motion carried. 95-100
Commissioner Bennett moved and Commissioner More seconded
the motion to approve an Application for Homestead Classification
to Michael Altenburg, PO Box 111, Lewisville, MN 56060 R47-21-
17-200-001 K-202435 and R47-21-17-200-002 K-202462. The motion
carried. 95-101
Commissioner Barnes moved and Commissioner Landkamer
seconded the motion to approve an Application for Consumption and
Display Set-up Permit and Combination Application for Retailer's
(On-Sale) (Off-Sale) Non-Intoxicating Malt Liquor License to Last
Chance, RR 9, Box 97, Mankato, MN. The motion carried. 95-102
Commissioner Barnes moved and Commissioner Bennett seconded
the motion to approve an Application for Consumption and Display
(Set-Up) Permit to the Mankato Labor Temple Assn., 310 McKenzie
Street, Mankato, MN. The motion carried. 95-103
Commissioner Landkamer moved and Commissioner More seconded
the motion to approve the following proclamations:
Whereas competitive sports for youth is helpful in
teaching the principles of sportsmanship and fair play
to the students thereby contributing to better
citizenship; and
The Mankato East Girls Basketball Team has won the
Section 2AA Title and placed Fourth in the Class AA
State Tournament.
The citizens of Blue Earth County wish to congratulate
and recognize these exciting accomplishments; and
It is appropriate to designate April 3, 1995, as
"MANKATO EAST GIRLS BASKETBALL TEAM DAY!"
Now, Therefore, Be It Resolved, by the Blue Earth
County Board of Commissioners that the Mankato East
Girls Basketball Team be congratulated on behalf of the
entire County of Blue Earth on their outstanding
athletic accomplishments!
Be it further resolved, that April 3, 1995 is hereby
proclaimed
"MANKATO EAST GIRLS BASKETBALL TEAM DAY!"
and the following Proclamation:
Whereas competitive sports for youth is helpful in
teaching the principles of sportsmanship and fair play
to the students thereby contributing to better
citizenship; and
The Mankato East Girls Gymnastics Team has won the
Section 2AA Title and placed Second in the Class AA
State Tournament.
The citizens of Blue Earth County wish to congratulate
and recognize these exciting accomplishments; and
It is appropriate to designate April 4, 1995, as
"MANKATO EAST GIRLS GYMNASTICS TEAM DAY!"
Now, Therefore, Be It Resolved, by the Blue Earth
County Board of Commissioners that the Mankato East
Girls Gymnastics Team be congratulated on behalf of the
entire County of Blue Earth on their outstanding
athletic accomplishments!
Be it further resolved, that April 4, 1995 is hereby
proclaimed
"MANKATO EAST GIRLS GYMNASTICS TEAM DAY!"
The motion carried. 95-104
Commissioner Bennett moved and Commissioner Barnes seconded
the motion to approve a Minnesota Lawful Gambling Premises Permit
Application for Crystal Loon Lake Recreation, Inc., to be held at
L.B.'s RR 2, Box 85, Lake Crystal, MN 56066. The motion
carried. 95-105
Mr. Dennis McCoy, Deputy County Administrator, presented the
following items for the Boards consideration.
Commissioner Landkamer moved and Commissioner Bennett
seconded the motion to approve the following Human Service items:
Approval of an agreement with Clark Van Horn of
Mapleton to provide adult foster care/respite services
under the Waivered Service Program for the period of
March 29, 1995 through December 31, 1995.
Approval to accept the $96,101.00 grant from the Board
of Innovation and Government Cooperation.
The motion carried. 95-106
Commissioner Bennett moved and Commissioner More seconded
the motion to appoint Ms. Karolynn Hiniker, Mankato to the Mental
Health Task Force. The motion carried. 95-107
Commissioner Barnes moved and Commissioner Landkamer
seconded the motion to approve the following Personnel item:
accept the resignation of Mr. Ed Kunkel as the Personnel
Director, (C51) and accept his request to be transferred to the
Custody Officer position, (B23) effective April 3, 1995 at the
same salary level until July 1, 1995 at which time the salary
would be adjusted to the (B23) level. The motion carried. 95-108
The meeting recessed at 12:05 p.m.
The meeting reconvened at 1:30 p.m. for an informal hearing
on County Ditch #83. After discussion an agreement was reached
to go with a repair instead of a improvement on the Ditch system
and to have Mr. Dick Bradshaw, Engineer, survey and get bids for
the repair to be completed this fall.
At 2:40 p.m. an informal hearing was held on County Ditch
#86. An agreement was reached to have the system surveyed and
get cost estimates for the improvements and then meet again to
decide what action to take.
Pursuant to notice a Public Hearing was opened at 3:30 p.m.
for Joint Ditch #3. Commissioners Barnes, Bennett, More from
Blue Earth County and Commissioners Bob Peterson and George Doyle
from Waseca County were present.
Commissioner Doyle moved and Commissioner Peterson seconded
the motion to appoint Commissioner More as chairperson for this
hearing. The motion carried. 95-109
The meeting was open for public discussion. Those speaking
were: Mr. Chuck Peterson, Attorney; Mr. Doug Parrott, Engineer;
Mr. Larry Attenberger, Minnesota Lake; Ms. Jean Lundquist,
Environmental Services; Mr. Bruce Peterson, NRCS; Mr. Victor
Beyer, Minnesota Lake; Mr. Scott Schweer, Minnesota Lake; and Ms.
Barb Fischer, Minnesota Lake.
Commissioner Peterson moved and Commissioner Bennett
seconded the motion to accept the petition.
Commissioner Doyle moved and Commissioner Bennett seconded
the motion to continue the hearing on a date yet to be
determined. The motion carried. 95-110
The meeting was recessed at 4:40 p.m. for the Joint Meeting
with the LeSuer County Board at Lake Washington.
The meeting reconvened at 5:15 p.m.
Pursuant to notice, a public hearing was held at the Lake
Washington Club for the purpose of revocation of Blue Earth CSAH
#2. Chairperson Tacheny opened the public hearing. County
Engineer Al Forsberg reviewed the process. Comments were
received from members of Kasota, Jamestown, and Washington
Township Boards.
Commissioner Landkamer moved and Commissioner Bennett
seconded the motion to approve the following resolution:
REVOCATION OF FORMER CSAH 2
NEAR LAKE WASHINGTON
WHEREAS, the Reconstruction of CSAH 2 near Lake
Washington has been completed and relocated portions of
the highway take the place of and serve the same
purpose as portions of the former highway:
WHEREAS, a public hearing with Jamestown Township was
held on March 28, 1995 to provide an opportunity for
hearing township views;
NOW THEREFORE BE IT RESOLVED, the following two
described sections of former Blue Earth CSAH 2 which
lie within Blue Earth County are revoked to Jamestown
Township in accordance with MS 163.11:
PORTION OF CSAH NO. 2
The Centerline of the roadway is described as follows:
Beginning at a point 420 feet South of the Northwest
Corner of the Northeast Quarter of the Northeast
Quarter of Section 19, Township 109 North, Range 25
West; thence Northerly and Northwesterly to a point on
the North Line of said Section 19 - 175 feet East of
said Northwest Corner; and thence Easterly and
Southeasterly 820 feet to the East Line of Hillside
Subdivision; there terminating.
The length amounts to 1,200 feet, more or less.
PORTION OF CSAH NO. 16
The Centerline of the roadway described as follows:
Beginning at a point 110 feet South and 25 feet West of
the North Quarter Corner of Section 20, Township 109
North, Range 25 West; thence Northwesterly and Westerly
along 190.99-foot radius curve to the North Line of
said Section 20; thence Westerly 125 feet along said
North Line; and thence deflecting 24 degrees left - 290
feet; there terminating.
The length amounts to 600 L.F., more or less.
The motion carried. Chairperson Tacheny closed the public
hearing. 95-111
Commissioner Landkamer moved and Commissioner Bennett
seconded the motion to adjourn the meeting at 5:30 p.m. The
motion carried. 95-112
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