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OFFICIAL PROCEEDINGS OF THE BOARD OF COMMISSIONERS
BLUE EARTH COUNTY, MINNESOTA

May 23, 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 Barnes moved and Commissioner More seconded 

the motion to approve the amended Agenda. The motion carried. 

95-169



The Commissioners reported on the meetings that they have 

attended since the last Board meeting.



Mr. Al Forsberg, Public Works Director, presented the 

following items for the Boards consideration. 



Commissioner Landkamer moved and Commissioner More seconded 

the motion to approve the following easement: 



EASEMENT



This easement is granted to Marlin Reedstrom, 

hereinafter referred to as "Grantee" by the County of 

Blue Earth, a political subdivision of the State of 

Minnesota, hereinafter referred to as the Grantor. 



As a consideration of the Eminent Domain Proceedings, 

the Grantor hereby grants and conveys to the Grantee, 

the following:



An easement for access and utility purposes, and to 

gather firewood exterior to the right-of-way with 

motorized vehicle over and across the Red Jacket Trail 

that currently exists or that are mutually agreeable 

with the County Engineer on the following described 

property:



The Westerly One-Half (W 1/2) of abandoned 

railroad right-of-way, fifty (50) feet in 

width, in the Southeast Quarter of the

Northeast Quarter of Section 04, Township 107 

North, Range 27 West.



Said easement shall be perpetual in nature and shall be 

an assignable right and privilege, the provisions of 

which shall extend to and be binding upon the 

successors and assigns of either parties. 



The motion carried. 95-170



Commissioner More moved and Commissioner Bennett 

seconded the motion to approve the following: 



RESOLUTION

EXCHANGE OF PROPERTY BETWEEN

JOHN FASNACHT

AND

BLUE EARTH COUNTY



WHEREAS, Mr. Fasnacht platted property in Madison Lake 

adjacent to former CSAH No. 26; and



WHEREAS, The former CSAH No. 26 was not constructed 

within the original platted right-of-way; and 



WHEREAS, The replatted (1981) subdivision provided for 

the existing road to remain in place; and 



WHEREAS, The new constructed CSAH No. 26 has created 

unused right-of-way adjacent to Mr. Faschnacht's 

property,



NOW THEREFORE IT IS MUTUALLY AGREED THAT, Blue Earth 

County relinquish the ownership of 0.12 acres of land 

in exchange for platting 0.35 of his land as County 

Road right-of-way.



The motion carried. 95-171



Commissioner Barnes moved and Commissioner More seconded the 

motion to approve the following resolution: 



RESOLUTION



WHEREAS, the County of Blue Earth has applied to the 

Commissioner of Transportation for a grant from the 

Minnesota State Transportation Fund for the 

construction of 72" RCPA over stream, replacement for 

old Bridge No. 90511.



WHEREAS, the amount of the grant has been determined to 

be $27,118.06 by reason of the lowest responsible bid. 



NOW THEREFORE, BE IT RESOLVED: that the County of Blue 

Earth does hereby affirm that any cost of the bridge in 

excess of the grant will be appropriated from the funds 

available to the County of Blue Earth, and that any 

grant monies appropriated for the bridge but not 

required, based on the final estimate, shall be 

returned to the Minnesota State Transportation Fund. 



The motion carried. 95-172



Commissioner More moved and Commissioner Bennett seconded 

the motion to approve an Agreement with the Department of Natural 

Resources and the Blue Earth County Parks Department for the 

installation and maintenance of a Fishing Pier on Lura Lake. 

This Agreement is on file at the County Administrator's Office, 

Courthouse, Mankato, MN. The motion carried. 95-173 



Mr. Rick Hanna, Land Use & Natural Resources Administrator, 

presented the following Planning & Zoning item. 



Commissioner More moved and Commissioner Bennett seconded 

the motion to approve the Preliminary Plat to Harland Frederick 

for Fredericks Second Addition, Section 33, Jamestown Township. 

The motion carried. 95-174



Commissioner Landkamer moved and Commissioner Bennett 

seconded the motion to approve the May 2, 1995 Board Minutes. 

The motion carried. 95-175



Commissioner More moved and Commissioner Barnes seconded the 

motion to approve the following Bills:



Bills for Week of May 8-12, 1995



Grand Total $1,494,594.35



Bills for Week of May 15-19, 1995



Grand Total $2,411,688.32



Bills for Week of May 22-26, 1995



Grand Total $10,127,255.36



The motion carried. 95-176



Commissioner More moved and Commissioner Landkamer seconded 

the motion to approve a Gambling Premises Permit Renewal 

Application to Minnesota Lake Fire Department Relief Association 

to be held at Windmill Bar & Lounge, Hwy 22 N, Beauford Township. 

The motion carried. 95-177



Mr. Jerry Haley, Community Corrections Chief, and Ms. Jill 

Kroc, Probation Officer, presented the following items for the 

Boards consideration



Commissioner Barnes moved and Commissioner Bennett seconded 

the motion to approve the following:



MINNESOTA DEPARTMENT OF CORRECTIONS

RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT 

SENTENCING TO SERVICE PROGRAM



Be it resolved that Blue Earth County intends to enter 

into a Joint Powers Agreement with the State of 

Minnesota for Sentencing to Service Program, to be 

conducted during the period from July 1, 1995 to June 

30, 1997.



Leon Tacheny and David Twa are hereby authorized to 

sign and execute the Joint Powers Agreement as 

necessary to implement the program on behalf of the 

County.



The motion carried. 95-178



Commissioner Landkamer moved and Commissioner Barnes 

seconded the motion to approve the following grant extension: 



AMENDMENT #1 TO GRANT #07011-70709-01

INTENSIVE PROBATION FOR REPEAT DWI OFFENDERS 



WHEREAS, the Department has made a grant to Blue Earth 

County Community Corrections for the purpose of 

providing intensive probation for repeat DWI offenders 

as described in the original grant agreement. 



WHEREAS, Grantee has requested an extension to continue 

services and allow for full expenditure of the grant 

award until September 30, 1995.



WHEREAS, the Department agrees that the program should 

continue until September 30, 1995.



WHEREAS, Clause VI. provides that:



TERM OF GRANT. This grant shall be effective 

upon such dates as it is executed as to

encumbrance by the Commissioner of Finance 

and shall remain in effect until June 30, 

1995, or until all obligations set forth in 

this contract have been satisfactorily

fulfilled, whichever occurs first.



NOW THEREFORE it is agreed by and between the parties 

hereto that the following amendment to the grant award 

be made.



That Clause VI. be amended to read:



VI. TERM OF GRANT. This grant shall be effective 

upon such dates as it is executed as to

encumbrance by the Commissioner of Finance, 

and shall remain in effect until September 

30, 1995, or until all obligations set forth 

in this contract have been satisfactorily 

fulfilled, whichever occurs first.



By execution of this amendment, the terms and 

conditions of the original grant agreement are 

expressly reaffirmed.



Except as herein amended, the provisions of the 

original agreement, as amended by Amendment #1 remain 

in full force and effect.



The motion carried. 95-179



Mr. Jerry Kallheim, Deputy Administrator-Land Records, 

presented the following item for the Boards consideration. 



Commissioner Landkamer moved and Commissioner Bennett 

seconded the motion to approve the following Resolution: 



WHEREAS, the County Board of Commissioner 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. 95-180



Commissioner Barnes moved and Commissioner More seconded the 

motion to approve the following Personnel item: 



Resignation of Dale Halvorson, Medium Equipment 

Operator (B22) effective May 9, 1995. (Highway) 



The motion carried. 95-181



Commissioner Landkamer moved and Commissioner More seconded 

the motion to approve the following Human Service items: 



Certification of approval for Overcoming Poverty 

Together to apply for grant funds to provide emergency 

shelter. OPT would administer the grant but make it 

available to the County's on-call workers and the 

Salvation Army.



Approval of an amendment to the Immunization Action 

Program Grant to increase the allocation by $1,500.00 

and create an immunization registry.



Approval of an agreement with Alliance Health Care to 

provide Medical Assistance waivered services. 



Appoint Barbara Roberts, Eagle Lake, MN, to the Mental 

Health Task Force.



Approve a grant application in the amount of $75,000.00 

to the State Department of Human Services to provide 

mental health crisis services for children. 



The motion carried. 95-182



Mr. Kris Miller, Advisory Committee Chairperson, gave a 

report on the May 11, 1995 Human Service Advisory Committee 

Meeting.



Mr. Bob Barrett, Consultant, gave an overview of the County 

Administrator's job performance evaluation. 



Mr. Gary Fey, Good Thunder, voiced concerns about a late 

payment finance charge on his tax payment. 



The meeting recessed at 12:00 p.m.



The meeting reconvened at 1:45 p.m.



Commissioner Barnes moved and Commissioner Bennett 

seconded the motion to approve an agreement with the Minnesota 

Department of Corrections for the temporary custody of state 

inmates to be housed at the Blue Earth County Jail: 



MINNESOTA DEPARTMENT OF CORRECTIONS

RESOLUTION AUTHORIZING EXECUTION OF CONTRACTS 



Be it resolved that on May 23, 1995, Blue Earth County 

Jail approved a contract with the State of Minnesota 

for fiscal year 1996. The following persons are hereby 

authorized to sign the contract and any amendments or 

supplements that are necessary: Commissioner Leon 

Tacheny and County Administrator David Twa. 



The motion carried. 95-183



Commissioner Landkamer moved and Commissioner Barnes 

seconded the motion to approve the following: 



RESOLUTION

OF THE BLUE EARTH COUNTY BOARD OF COMMISSIONERS 

ADOPTING THE JOINT POWERS AGREEMENT

FOR THE CREATION OF THE

MINNESOTA RIVER BASIN JOINT POWERS (MRBJP) 



WHEREAS, The Minnesota River and all of its tributaries 

are vital to the economy and environment in cities, 

counties and states along its route to the Gulf of 

Mexico; and



WHEREAS, The Minnesota River has become extremely 

polluted over the past 50 years, for a variety of 

reasons; and



WHEREAS, The Minnesota River Basin Joint Powers 

Agreement between counties that make up the Minnesota 

River Basin will initiate and provide a coordinated 

effort to preserve and restore the Minnesota River; and 



WHEREAS, The Minnesota River Basin Joint Powers 

Steering Committee has drafted a Joint Powers Agreement 

for the purpose of administering the said purpose; and 



WHEREAS, Blue Earth County has reviewed the said Joint 

Powers Agreement and finds that the said Joint Powers 

Agreement is agreeable to Blue County; and 



NOW, THEREFORE, BE IT RESOLVED that the Blue Earth 

County Board of Commissioners adopts the Joint Powers 

Agreement for the Minnesota River Basin Joint Powers 

and authorizes the Chairman of the Blue Earth County 

Board to sign said Joint Powers Agreement; and 



FURTHER BE IT RESOLVED that Commissioner Bennett is 

appointed to serve on the Board of the Minnesota River 

Basin Joint Powers and Commissioner More is appointed 

as Alternate to said Board.



This resolution shall become effective immediately and without 

publication.



The motion carried. 95-184



Commissioner Barnes moved and Commissioner Landkamer 

seconded the motion to proclaim the following Proclamation: 



WHEREAS Blue Earth County is richly endowed with a 

great diversity of people with a great many needs; and 



WHEREAS the strength of our community depends on the 

socioeconomic and spiritual support of all residents 

regardless of gender, race, color, national origin or 

religious background; and



WHEREAS the Salvation Army has dutifully served those 

individuals in need in Blue Earth County; and 



WHEREAS Our commemoration of this week recognizes our 

determination to support, preserve and maintain the 

human dignity and freedom of each individual to lead a 

happy, productive and spiritual life;



NOW THEREFORE the Blue Earth County Board of 

Commissioners do hereby proclaim the week of May 14, 

1995 to be

SALVATION ARMY WEEK



in Blue Earth County and urge all citizens to observe 

this special week in recognition of the Salvation 

Army's efforts in Blue Earth County.



The motion carried. 95-185



The April Financial Report was presented by Mr. David Twa, 

County Administrator, as an informational item. 



Commissioner More moved and Commissioner Bennett seconded 

the motion to approve tax abatements to the United States of 

America, Route 1, Box 272-4A, Mankato, MN, Rapidan Township R48- 

13-06-200-004 K-204950; Mr. Scott Monson, 927 North 6th Street, 

Mankato, MN, R01-09-08-305-015 K-374927 and Mr. Joe Goettl, RR 3, 

Box 48, Mankato, MN, McPherson Township R45-15-36-400-003 K- 

198075. The motion carried. 95-186



Commissioner Bennett moved and Commissioner More seconded 

the motion to approve an Application for Consumption and Display 

(Set-Up) Permit to Fair View Golf Course, Inc. d/b/a Terrace View 

Golf Course, Hwy 22 South, Mankato, MN. The motion carried. 95- 

187



Commissioner Landkamer moved and Commissioner More seconded 

the motion to approve the State of Minnesota Well-Sealing Cost- 

Share Program Grant Agreement in the amount of $11,000 to run 

through June 30, 1996. The motion carried. 95-188 



Commissioner Bennett moved and Commissioner More seconded 

the motion to appoint Mr. Dale Zenk, Amboy, MN, to the Housing 

Authority Committee. The motion carried. 95-189 



Commissioner Bennett moved and Commissioner Landkmamer 

seconded the motion to put up for sale the County Storage Garage 

and land located on Patterson Avenue, Mankato, MN, and legally 

described as: Lot three(3), Block Five (5), Oakwood Addition, 

City of Mankato. The motion carried. 95-190 



Commissioner More moved and Commissioner Bennett seconded 

the motion to adjourn the meeting at 3:00 p.m. The motion 

carried. 95-191