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OFFICIAL PROCEEDINGS OF THE BOARD OF COMMISSIONERS
BLUE EARTH COUNTY, MINNESOTA
April 18, 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 Bennett moved and Commissioner More seconded
the motion to approve the amended Agenda. The motion carried.
95-130
The Commissioners gave reports on the Committees that they
serve on.
Mr. Al Forsberg, Public Works Director, presented the
following item for the Boards consideration.
Pursuant to publication, bids were received, opened and
reviewed for the following Public Works Project, with the
following results:
PROJECT: 4" Pavement Edge Drains
Bidders: Amount of Bid:
Krengel Bros., Mapleton, MN $65,942.64
Chard Tiling & Excav., Belle Plaine, MN $78,474.03
Traxler Construction, Le Center, MN $66,668.85
Vreeman Const. Co., Clara City, MN $66,022.81
Commissioner More moved and Commissioner Bennett seconded the
motion to accept the low bid of $65,942.64 from Krengel Brothers,
Mapleton, MN. The motion carried. 95-131
Commissioner Landkamer moved and Commissioner More seconded
the motion to apply for tax-forfeited lands located at Lot 6 of
Auditor's Plat No. 15 of Section 35, Township 108 North, Range 27
West, adjacent to the LeSueur River. The motion carried. 95-132
Mr. Jerry Kallheim, Deputy Administrator-Land Records
Director, and Ms. Linda Birr, Land Records Specialist, presented
the following item for the Boards consideration.
Commissioner Landkamer moved and Commissioner Barnes
seconded the motion to approve the following:
WHEREAS, the County Board of Commissioners of the
County of Blue Earth, State of Minnesota, desires to
offer for sale certain parcels of land that have
forfeited to the State of Minnesota for non-payment of
taxes, and
WHEREAS, said parcels of land have been viewed by the
County Board of Commissioners, and have been classified
as non-conservation lands as provided for in Minnesota
Statutes 282.01.
NOW, THEREFORE, BE IT RESOLVED, that the Blue Earth
County Board of Commissioners hereby certify that all
parcels of land on the attached list have been viewed
and comply with the provisions of Minnesota Statutes
85.012, 92.461, 282.01, Sub. 8 and 282.018 and other
statutes that require the withholding of tax forfeited
lands from sale.
BE IT FURTHER RESOLVED, that the Blue Earth County
Board of Commissioners hereby request approval from the
Minnesota Department of Natural Resources for the sale
of said lands.
The motion carried. 95-133
Mr. Rick Hanna, Land Use & Natural Resources Administrator
and Ms. Julie Conrad, Land Use & Natural Resources Planner,
presented the following Planning & Zoning items.
Commissioner Bennett moved and Commissioner Landkamer
seconded the motion to approve the following:
RESOLUTION GRANTING A
CONDITIONAL USE PERMIT
APPROVING A WETLAND REPLACEMENT PLAN
SECTION 26, MANKATO TOWNSHIP WEST
WHEREAS, Southern Minnesota Construction , Inc., owners of
the following real estate in the County of Blue Earth, Minnesota,
to wit:
Described in Exhibits A,
B, and C.
has applied for a conditional use permit to approve a wetland
replacement plan in a C-1, Conservation 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 09-95), a copy of said report has been presented to
the County Board; and
WHEREAS, the Planning Commission of the County on the 5th
day of April, 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
for a wetland replacement plan be approved; and
WHEREAS, the Blue Earth County Board of Commissioners finds
that:
1. Sequencing complies with the intent of Minnesota Rules
Chapter 8420.0520.
2. The replacement plan complies with the requirements of
Minnesota Rules Chapter 8420.0540 through 8420.0550.
3. The monitoring plan complies with Minnesota Rules
Chapter 8420.0600 through 8420.0630.
4. The proposed use complies with the Wetland Conservation
Act of 1991.
5. The proposed use complies with the County Land Use
Plan.
6. The proposed use complies with the County Zoning
Ordinance.
7. The Conditional Use will not be injurious to the use
and enjoyment of other property in the immediate
vicinity for the purpose already permitted.
8. The establishment of the Conditional Use will not
impede the orderly development and improvement of
surrounding vacant property for predominant uses in the
area.
NOW THEREFORE BE IT RESOLVED, by the Blue Earth County
Board of Commissioners, that the request for a Conditional Use
Permit to a wetland replacement plan, in a C-1 Zoning District,
is granted with the following conditions:
1. That approval of the replacement and monitoring plans
shall be for a period of five (5) years.
2. That during the concurrent mining and replacement
activities, SMC shall furnish the Planning Agency with
an annual progress report by December 31 of the
reporting year.
3. That upon completion of of the mining activity and
wetland replacement, and for five (5) years
thereafter, SMC shall furnish the Planning Agency with
an annual report, consistent with the provisions of
Minnesota Rules Chapter 8420.0620, by December 31 of
the reporting year.
This resolution shall become effective immediately upon its
passage and without publication.
The motion carried. 95-134
Commissioner More moved and Commissioner Bennett seconded
the motion to approve the following:
A RESOLUTION
APPROVING FINAL PLAT
GURNI SUBDIVISION NO. 2
JAMESTOWN TOWNSHIP
WHEREAS, the owner of the property included in the plat of
Gurni Subdivision No. 2 has submitted a final plat for approval;
and,
WHEREAS, the final plat was reviewed by the Blue Earth
County Planning Commission on April 5th, 1995; and,
WHEREAS, the Blue Earth County Planning Commission
recommended approval of said final plat; and,
WHEREAS, the final plat meets the requirements of the Blue
Earth County Subdivision Ordinance.
NOW, THEREFORE, BE IT RESOLVED that the Blue Earth County
Board of Commissioners hereby approve the final plat of Gurni
Subdivision No. 2., and authorizes the Chair of the Board of
Commissioners and the County Administrator to sign said plat.
This resolution shall become effective immediately upon its
passage and without publication.
The motion carried. 95-135
Commissioner Bennett moved and Commissioner Barnes seconded
the motion to approve the following Conditional Use Permit:
RESOLUTION GRANTING A CONDITIONAL USE
PERMIT MINERAL (GRAVEL) EXTRACTION AND
OPERATION OF A HOT MIX PLANT
SECTION 21, CAMBRIA TOWNSHIP
WHEREAS, Carlson Brothers Inc., lessee and Mervin Jones,
owner of the following real estate in the County of Blue Earth,
Minnesota, to wit:
Southwest Quarter of the Northeast Quarter and the Northeast
Quarter of the Northwest Quarter of Section 21, Cambria
Township, T109N-R29W.
have applied for a Conditional Use Permit to excavate gravel and
operate a hot mix plant 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 12-95), a copy of said report has been presented to
the County Board; and
WHEREAS, the Planning Commission of the County on the 5th
day of April, 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
granted; and
WHEREAS, the Blue Earth County Board of Commissioners finds
that:
1. The proposed use and site plan conforms with the Zoning
Ordinance.
2. The applicant has completed a reclamation plan which
involves returning the site to the existing or similar
land use with 0-2% slopes.
3. The applicant holds all required air quality permits
for operation of a hot mix plant.
4. The proposed use can be managed so not to be a
pollution hazard.
NOW THEREFORE BE IT RESOLVED, by the Blue Earth County
Board of Commissioners, that the request for a Conditional Use
Permit to excavate gravel and operate a hot mix plant, in an A-1
Zoning District, is granted with the following conditions:
General Conditions
1. The mining operations shall be conducted in compliance
with the laws of the State of Minnesota and the Federal
Government, especially as related to safety standards,
and ordinances and resolutions of Blue Earth County, as
amended from time to time, and in compliance with and
furtherance of the approved reclamation plan for the
affected land.
2. Clearing of the mining site shall conform to the
development and reclamation plan whenever possible.
3. Ingress and egress access points from or onto any road
or highway shall be clearly indicated, and only those
indicated access points shall be utilized. All access
points must be approved by the appropriate Highway
Agency having jurisdiction, and shall preferably be
located along a secondary road. Precautions must be
taken to minimize the deposit of dirt and mined
material from trucks onto the public roads or highways.
4. Trucks used in hauling materials from the site of
excavation shall be loaded in such manner as to
minimize spillage onto public highways. Any spillage
resulting from overloading or from adhering to truck
tires shall be removed at regular intervals.
5. The amount of overburden to be removed shall not be in
excess of that required to undertake operations in an
economically feasible manner. Development toward the
final plan shall be carried on as excavation
progresses. Where ground cover or other planting is
indicated on approved plan, such planting shall be made
in areas where excavation is completed and land is not
being used for material storage.
6. Proposed graded or back filled areas or banks as
conforming to the approved reclamation plan shall be
covered with sufficient topsoil, based on the
availability of existing topsoil, to provide for re-
vegetation. When backsloping is proposed on the
reclamation plan, the rate of slope shall not be less
than three feet horizontal to one foot vertical.
Proposed banks shall be covered with topsoil and
seeded.
7. Upon replacement of the topsoil, trees, shrubs,
legumes, grasses, or other ground cover shall be
planted upon the area in order to avoid erosion, in
accordance with approved reclamation plan.
8. Upon completion of excavation, all buildings, plants,
and equipment shall be removed within six months,
unless such buildings, plants, and equipment will be
used in the reclamation process.
9. Operating procedures will be utilized to control dust
and noise so as not to be in conflict with adjoining
property.
10. Mining operations shall not be conducted closer than
fifty feet to the boundary of an adjoining property
line, unless the written consent of the owner of such
adjoining property is first secured.
11. Excavating or stockpiling shall not be conducted closer
than one hundred feet to the right-of-way line of any
existing or platted street, road, or highway, where
such excavation may create a traffic or line of site
problem.
12. A reclamation Performance Bond or Letter of Credit for
$1,000 per acre shall be presented to the County to
guarantee that either upon termination of the permit or
of the operations, the ground surface of the land used
shall be restored in conformity with the reclamation
plan filed with the mining permit application.
13. This permit shall be effective for a period of five
years, after which it will be reviewed by the Blue
Earth County Board.
Special Conditions
Hours of Operation
1. Hours of operation shall be limited to 7:00 AM through
9:00 PM, in order to prevent disturbing noise during
normal sleeping hours.
Safety
2. Safe speeds shall be observed on all access roads for
the duration of mining operations.
Required Permits
3. The operator shall maintain an MPCA mining permit and
an MPCA permit to operate a hot mix plant. These
permits address pollution control.
Reclamation
4. The operator shall follow stated reclamation plan.
5. Excavated and stripped topsoil shall be preserved and
stored out of the floodplain. Measures to control
run-off and sedimentation shall be implemented.
This resolution shall become effective immediately upon its
passage and without publication.
The motion carried. 95-136
Commissioner More moved and Commissioner Bennett seconded
the motion to approve the following Conditional Use Permit with
the stipulation that the home be owner occupied.
RESOLUTION GRANTING A CONDITIONAL USE PERMIT
CONSTRUCTION OF A TWO FAMILY DWELLING
IN AN R-2, RURAL RESIDENCE ZONING DISTRICT
WHEREAS, Duane Chader, owner of the following real estate in
the County of Blue Earth, Minnesota, to wit:
Krenik Subdivision, Outlot B except the beginning southwest
corner northeast 21.2 feet and east 90 feet south to thesouth line, Northwest Quarter, Section 3, LeRay Township.
has applied for a Conditional Use Permit to construct a two
family dwelling in a R-2, Suburban 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 13-95), a copy of said report has been presented to
the County Board; and
WHEREAS, the Planning Commission of the County on the 5th
day of April, 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
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 purposes 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 two individual, on-site
sewage treatment systems.
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, in a R-2, Suburban Residence, Zoning District, is granted
with the following conditions:
1. No building permit will be issued until the on-site
sewage treatment system design has been approved by the
Environmental Services Department.
2. The applicant must reserve space for a second,
replacement on-site sewage treatment systems 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 permit 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.
6. The applicant must maintain the dwelling as an owner-
occupied duplex. If the dwelling cannot be maintained
as an owner-occupied duplex, the structure shall be
occupied by only one family.
This resolution shall become effective immediately upon its
passage and without publication.
The motion carried. 95-137
Commissioner More moved and Commissioner Landkamer seconded the
motion to approve the following Utility Easement Vacation:
RESOLUTION GRANTING AN
UTILITY EASEMENT VACATION
WHEREAS, Mark and Kellie Seiler, owners of the following
real estate in the County of Blue Earth, Minnesota, to wit:
Lots 1 and 2 of Block 1, Terrace View Subdivision, Section
4, Decoria Township
have applied for a utility easement vacation to vacate certain
utility easements in a R-3, Multi-family 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 17-95), a copy of said report has been presented to
the County Board; and
WHEREAS, the Planning Commission of the County on the 5th
day of April, following proper notice, held a public hearing
regarding the request and, following the hearing, adopted a
recommendation that the request for an utility easement vacation
be granted; and
WHEREAS, the Blue Earth County Board of Commissioners finds
that:
1. Vacation of this easement will not be detrimental to
neighboring uses already permitted in the area.
2. Vacation of the easements will increase the buildable
area of Lots 1 and 2 of Block 1.
3. The property owners have contacted and obtained
signatures from telephone and electrical utilities
verifying there are no utilities present in the
existing easement right of ways.
4. There are adequate utility easements on each lot to
provide for utility right of way at this time and in
the future.
NOW THEREFORE BE IT RESOLVED, by the Blue Earth County
Board of Commissioners, that the request for an utility easement
vacation, in an R-3, Multifamily Zoning District, is granted.
This resolution shall become effective immediately upon its
passage and without publication.
The motion carried. 95-138
The following spoke in regards to the next item: Mr.
Richard Nelson, Attorney for the estate; Mr. Mark Depuydt,
Mankato and Mr. Warren Smith, Surveyor.
Commissioner More moved and Commissioner Bennett seconded
the motion to approve the following:
RESOLUTION GRANTING A
VARIANCE FROM PLATTING REQUIREMENTS
SECTIONS 3 AND 10, DECORIA TOWNSHIP
WHEREAS, Estate of Clement A. Depuydt, Thomas P. Depuydt,
Personal Representative of the Estate, owners of the following
real estate in the County of Blue Earth, Minnesota, to wit:
the South-half of Section 3 and the North-half of the
North-half of the Northeast Quarter of Section 10,
Decoria Township.
has applied for a variance from the provisions of the Subdivision
Ordinance the requires platting of said property; and,
WHEREAS, the Planning Agency of the County has completed a
review of the application and made a report pertaining to said
request (CO 21-95), a copy of said report has been presented to
the County Board; and
WHEREAS, the Planning Commission of the County on the 5th
day of April, 1995, following proper notice, held a public
hearing regarding the request and, following the hearing, adopted
a recommendation that the request for a variance from the
platting requirements of the Subdivision Ordinance be granted;
and
WHEREAS, the Blue Earth County Board of Commissioners finds:
1. That there are special circumstances or conditions
affecting said property such that the strict
application of the provisions of the Subdivision
Ordinance would deprive the applicant of the reasonable
use of his land.
2. That the variance is necessary for the preservation and
enjoyment of substantial property right of the
petitioner.
3. That the granting of the variance will not be
detrimental to the public welfare or injurious to other
property in the territory in which the property is
situated.
NOW THEREFORE BE IT RESOLVED, by the Blue Earth County
Board of Commissioners, that the request for a variance from the
provisions of the Subdivision Ordinance that requires platting of
said property is granted.
This resolution shall become effective immediately upon its
passage and without publication.
The motion carried. Commissioner Landkamer voted nay. 95-139
Commissioner Barnes moved and Commissioner Bennett seconded
the motion to approve the amended April 4, 1995 Board Minutes.
The motion carried. 95-140
Commissioner Barnes moved and Commissioner More seconded the
motion to approve the following Bills:
Bills for the Week of April 10-14, 1995
Grand Total $1,358,599.01
Bills for the Week of April 17-21, 1995
Grand Total $866,780.27
The motion carried. 95-141
Commissioner Landkamer moved and Commissioner Bennett
seconded the motion to approve the following Personnel items:
Employment of Jodi Henrikson, as a Sexual Assault
Services Specialist (B23), with a starting salary of
$10.32 per hour effective April 17, 1995. (Human
Services)
Resignation of Hilbert Floren, Land Use and Natural
Resources Feedlot Specialist (C41) effective April 14,
1995. (Environmental Services)
The motion carried. 95-142
Commissioner Bennett moved and Commissioner More seconded
the motion to approve the following tax abatements: Michael &
Patrice Caven, Route 2, Box 34, Amboy, MN R42-18-33-300-001 K-
180618; Helen Lunde Hughes, Route 1, Box 52, Lake Crystal, MN
R38-07-17-200-001 K-160998; Cenex, Vernon Center, MN P19-00100.
The motion carried. 95-143
Commissioner Landkamer moved and Commissioner Barnes
seconded the motion to approve a tax abatement to Dennis & Ruth
Harms, 121 East Glencrest Drive, Mankato, MN R01-09-17-302-006
K-44311. The motion carried. 95-144
Mr. David Twa, County Administrator, presented the March
Financial Statement as an informational item.
Mr. Louie Rathai, Mapleton, voiced concerns about
inefficiency in Government.
Mr. Steve Michel, Physical Plant Director, presented the
following items for the Boards consideration.
Pursuant to publication, bids were received, opened and
reviewed for the following Project, with the following results:
The complete list of options and Alternatives are on file at the
Blue Earth County Administrator's Office, Courthouse, Mankato,
MN.
PROJECT: MN Valley Regional Library Roof
Bidders:
Kato Roofing, Mankato, MN
Laraway Roofing, New Ulm, MN
Schwickert Co., Mankato, MN
Nieman Roofing, New Prague, MN
Horizon Roofing, St. Cloud, MN
Kiker Bros., Albert Lea, MN
Commissioner Landkamer moved and Commissioner Bennett seconded
the motion to accept the low Bid from Schwickert Company,
Mankato, MN in the amount of $167,000 less the $5,000 Alternate 1
for a total amount of $162,000. The motion carried. 95-145
Commissioner Barnes moved and Commissioner Bennett seconded
the motion to approve a Radio Tower lease agreement with
Ameritech, Schaumburg, Il. The motion carried. 95-146
Mr. Dennis McCoy, Deputy County Administrator, presented the
following Human Service items.
Commissioner Landkamer moved and Commissioner Bennett
seconded the motion to approve the following:
A continuation grant funding application for the Sexual
Assault Service Program to the Minnesota Department of
Corrections.
The Energy Assistance Program grant module through the
Minnesota Department of Economic Security for
additional funding in this program.
Additional grant modification for the Fuel Assistance
program. This agreement is between the County and the
State Department of Economic Security.
The Local Service Unit plan required by Statute which
enables the County to receive funding for the STRIDE
program.
A contract addendum with Prairie River Personal Care
Associates to clarify the fidelity bond requirements.
Appoint Mr. Marc Buchanan, 500 South Second Street,
Mankato, MN to the Mental Health Task Force.
Publication of the following Proclamation:
NATIONAL CRIME VICTIM RIGHTS WEEK
WHEREAS, Public opinion polls clearly indicate that
crime and violence is the number one concern among all
U.S. citizens, and
WHEREAS, 35 million Americans fall victim to violent
crime each year in the United States, and
WHEREAS, every minute in the U.S. four women are
battered, one woman is raped, six children are abused,
and one person is robbed, and
WHEREAS, victims play an indispensable role in bringing
offenders to justice and thus preventing further
violence, and
WHEREAS, law abiding citizens are no less deserving of
rights, resources, restoration, and rehabilitation then
the violent offenders who victimize them, and
WHEREAS, victims service providers, counselors, and
advocates should enjoy full support from all public and
private institutions, entities, and individuals in
their efforts to render critical assistance to those
whose right to safety has been breached, and
WHEREAS, whether measured in dollars, domestic
tranquility, dread, or death, crime represents the
greatest threat to Americans and America, and
WHEREAS, Blue Earth County Sexual Assault Services is
joining forces with other victim service programs,
criminal justice officials, and concerned citizens
throughout Minnesota and America to observe National
Crime Victim's Week.
THEREFORE BE IT RESOLVED, that Blue Earth County
Commissioners designate the week of April 23 - April
29, 1995, as Blue Earth County Crime Victim Rights
Week.
AND BE IT FURTHER RESOLVED, that Blue Earth County
Board of Commissioners reaffirms its commitment to
address victim rights and criminal justice issues
during 1995 and throughout the year.
AND BE IT FURTHER RESOLVED, that this official
proclamation be presented to Blue Earth County Sexual
Assault Services in collaboration with South Central
Anti-Violence Task Force and Blue Earth County Judicial
Advisory Committee on April 23, 1995.
The motion carried. 95-147
Mr. Mark Halverson, Attorney representing Residents Opposed
to Camp Kato (ROCK), presented a petition opposing the location
of the proposed National Guard Training site just north of
Mankato, between Blue Earth County Road 5 and the Minnesota
River.
The meeting recessed at 12:07 p.m.
The meeting reconvened at 1:30 p.m. with the Board Workshop.
Mr. Dick Bradshaw, Engineer; Mr. Jerry Kallheim, Deputy
Administrator-Land Records Director and Mr. Dave Stevens,
Agriculture Inspector, discussed Ditch procedures with the Board.
Sheriff Brad Peterson, discussed items concerning the
Sheriffs Department.
Mr. Bob Barrett, Mankato, discussed procedure for the County
Administrators evaluation.
Environmental Services issues were discussed with Mr. Scott
Fichtner, Environmental Services Director, Mr. Rick Hanna, Land
Use & Natural Resources Administrator, Ms. Lucille Weimert,
Ponderosa Landfill, Mr. Ray Phelps and Mr. Chuck Peterson from
Soil and Water Conservation District (SWCD). Ms. Leah Frank,
Mapleton, voiced concerns.
Commissioner Barnes moved and Commissioner Bennett seconded
the motion to proceed with the Very Small Quantity Generator
(VSQG) program and hire a coordinator. The motion carried. 95-148
Commissioner Bennett moved and Commissioner More seconded
the motion to adjourn at 4:40 p.m. The motion carried. 95-149
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