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

February 16, 1999

1. AGENDA REVIEW

The motion carried. 99-49

2. COMMISSIONERS’ REPORTS ON COMMITTEES

3. COUNTY DITCH UPDATE

Commissioner More moved and Commissioner Landkamer seconded the motion to set hearing dates on March 23, 1999 for County Ditch #25 at 1:30 p.m. and Joint Ditch # 7 with Watonwan County at 2:30 p.m.

The motion carried. 99-50

Commissioner More left to attend another meeting.

5. PLANNING AND ZONING

Mr. Gary Watson, Mankato; Ms. Jo Schultz, Lakeview Heights and Mr. Bill Marks, Applicant, made comments on the following request.

Discussion centered around the alteration which had already occurred and that they did not meet shoreland rules. After discussion, Commissioner Barnes moved and Commissioner Landkamer seconded the motion to deny the request to Grade and Place Fill in an R-T, Rural Townsite and Shoreland Zoned District, in the SW 1/4 of the NW 1/4, Section 2, LeRay Township. It was stated that once the restoration is done and conditions have been meet that are to the satisfaction of Planning staff, then the applicant can reapply.

The motion carried. 99-51

Commissioner Landkamer moved and Commissioner Barnes seconded the motion to set a public hearing on March 23, 1999 at 9:30 a.m. to hear a request from Harland Frederick to Amend the Official Zoning Map of Blue Earth County.

The motion carried. 99-52

Commissioner Landkamer moved and Commissioner McLaughlin seconded the motion to approve the following Conditional Use Permit:

RESOLUTION GRANTING APPROVAL FOR A CONDITIONAL USE PERMIT TO LAND APPLY PETROLEUM CONTAMINATED SOIL IN THE NE 1/4 OF THE NE 1/4 OF SECTION 29, RAPIDAN TOWNSHIP

WHEREAS, Daniel Wingert, owner of the following real estate in the County of Blue Earth to wit:

The Northeast Quarter of the Northeast Quarter, Section 29, Township 107 North, Range 27 West, Rapidan Township;

has requested a Conditional Use Permit to land apply petroleum contaminated soil on an approximately 20 acre agricultural field in an Agricultural Zoned District in the NE 1/4 of the NE 1/4, Section 29, Rapidan Township; and

WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC 06-99), a copy of said report has been presented to the County Board; and,

WHEREAS, the Planning Commission of the County on the 3rd Day of February, 1999, following proper notice held a public hearing regarding the request and, following the hearing, adopted a recommendation that the request be approved; and,

WHEREAS, the Blue Earth County Board of Commissioners finds:

1. That the proposed use conforms with the Land Use Plan.

2. That with proper management, the proposed use will not degrade the water quality of the County.

3. That with proper management, the proposed use will not adversely increase the quantity of water runoff.

4. That soil conditions are adequate to accommodate the proposed use.

5. That the proposed use does not create a potential pollution hazard.

6. That adequate utilities, access roads, drainage and other necessary facilities have been or are being proposed.

7. That the Conditional Use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted.

8. That the establishment of the Conditional Use will not impede the normal and orderly development and improvement of surrounding vacant property for the predominant uses in the area.

9. That adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration, so that none of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result.

NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of Commissioners, that the request to approve a Conditional Use Permit to land apply petroleum contaminated soil on an approximately 20 acre agricultural field in an Agricultural Zoned District is hereby granted contingent upon the following conditions:

1. All land application shall be done in conformance with all applicable MPCA rules.

2. All applicable MPCA Permits must be obtained prior to land application of contaminated soil.

3. All separation distances from residences, seasonal water table, wells, wetlands, ditches, watercourses, tile inlets, etc., shall be as specified by the MPCA Rules.

4. Equipment used in hauling or applying contaminated soil shall be loaded and/or unloaded in such a manner as to minimize spillage onto public roadways. Excessive amounts of mud deposited on public roadways as a result of mud adhering to truck tires shall be removed by the applicant.

5. That if the operation becomes or creates a public nuisance or is out of compliance with the terms of the Conditional Use Permit or other required permits, the County Board may review the Conditional Use Permit.

6. This permit shall be effective for a period of five years, after which it will be reviewed by the Blue Earth County Board.

This Conditional Use Permit shall become effective immediately upon its passage and without publication.

The motion carried. 99-53

Commissioner Landkamer moved and Commissioner McLaughlin seconded the motion to set a public hearing on March 23rd at 9:30 a.m. to hear a request to amend (replace) Section 24 of the 1977 Blue Earth County Zoning Ordinance (Flood Plains Districts) with a New Document Titled Blue Earth County Flood Plain Ordinance, Chapter 120.

The motion carried. 99-54

6. INTERNET POLICY

After discussion, Commissioner Landkamer moved and Commissioner Barnes seconded the motion to approve the Information Technology/Internet Appropriate Use Policy for Blue Earth County.

The motion carried. 99-55

Commissioner More rejoined the Board Meeting.

7. HUMAN SERVICES

Commissioner Landkamer moved and Commissioner Barnes seconded the motion to approve the following Human Service items:

An agreement with MRCI to make available vehicles for use by the Second Step Clubhouse.

An agreement with ISJ/Mayo to provide services funded by the chemical dependency treatment fund during calendar year 1999.

Renewal of an agreement to rent one apartment from Security Management and Realty for use by the Adult Mental Health Initiative.

Approve the South Central Regional Immtrack (Immunization Registry) Joint Powers Agreement to implement the Seven-County Immunization Tracking Register.

The motion carried. 99-56

Commissioner Barnes moved and Commissioner Landkamer seconded the motion to appoint Mr. Bruce Holland, Mankato, to the Social Services Task Force through December 31, 2000.

The motion carried. 99-57

Commissioner Landkamer moved and Commissioner More seconded the motion to appoint Mr. William Hager, St. Clair, to the Social Service Task Force through December 31, 2000.

The motion carried. 99-58

Commissioner Landkamer moved and Commissioner More seconded the motion to appoint Ms. Carol Lee, Harry Meyering Center, Mankato, to the Blue Earth County Personnel Board of Appeals.

The motion carried. 99-59

3. ADMINISTRATIVE SERVICES

Commissioner Landkamer moved and Commissioner McLaughlin seconded the motion to approve the February 2, 1999 Board Minutes.

The motion carried. 99-60

Commissioner More moved and Commissioner McLaughlin seconded the motion to approve the following Bills:

Bills for the Week of February 8-12, 1999

Grand Total $1,112,244.97

Bills for the Week of February 15-19, 1999

Grand Total $2,032,585.08

The motion carried. 99-61

Commissioner Barnes moved and Commissioner McLaughlin seconded the motion to approve the following Personnel items:

Lateral transfer of Marge Miller, from License Center Specialist II (B22) to Clerical Specialist II (B22) with no change in salary effective February 15, 1999. (Court Administration)

Authorization to initiate recruitment for a License Center Specialist II (B22). (License Center)

Employment of Elizabeth McCormick, Probation Officer (.5 FTE) (C42), with a starting salary of $14.78 per hour effective February 22, 1999. (Community Corrections)

Completion of employment for Patricia Staloch, Clerk II/Mail Clerk (A13), effective February 4, 1999. (Physical Plant)

Authorization to initiate recruitment for a Clerk II/Mail Clerk (A13). (Physical Plant)

The motion carried. 99-62

Commissioner More moved and Commissioner McLaughlin seconded the motion to approve the following Extension resolutions:

RESOLUTION BY THE COUNTY BOARD OF COMMISSIONERS APPROPRIATING FOR COUNTY EXTENSION WORK

Blue Earth County
Year Beginning January 1, 1999

BE IT RESOLVED that the sum of $164,185 be set apart from the General Revenue Fund and appropriated subject to the order of the Dean and Director of the University of Minnesota Extension Service for the support of county extension work in Blue Earth County for the year beginning January 1, 1999, in accordance with Minnesota Statute, Section 38.33-38.38, 1990.

And the following resolution:

PAYMENT ADJUSTMENT TO THE MEMORANDUM OF AGREEMENT BETWEEN THE UNIVERSITY OF MINNESOTA EXTENSION SERVICE AND BLUE EARTH COUNTY FOR EMPLOYING COUNTY EXTENSION STAFF

In accordance with the terms of our Memorandum of Agreement with the University of Minnesota Extension Service related to the hiring of county extension staff, salary funds for non-union employees and department heads in this county were increased by 2.5% during 1998.

This percent increase will be added to the county payment for each full time equivalent extension educator in the county for 1999.

The motion carried. 99-63

Commissioner Landkamer moved and Commissioner More seconded the motion to approve a Minnesota Lawful Gambling Application for Exempt Permit - LG220, to the Riverbend Women’s Ducks Unlimited Chapter 201, to hold a raffle at Applewood Restaurant & Banquet Facility, Mankato Township, on May 17, 1999.

The motion carried. 99-64

Commissioner Landkamer moved and Commissioner More seconded the motion to appoint Mr. Eric Weller, Mankato, to the Community Corrections Advisory Committee.

The motion carried. 99-65

Commissioner Landkamer moved and Commissioner Barnes seconded the motion to approve the following “Thriving With You Teens” Resolution:

RESOLUTION

WHEREAS, The Peaceful Parenting Action Team of The Initiative for Violence- Free Families and Communities in Ramsey County has created a new community resource for parents of teenagers and other adults who care about them, titled “Thriving With Your Teen”; and

WHEREAS, over 30,000 copies of the “Thriving” booklets were printed, largely through the generosity of a grant to the Action Team from 3M Community Affairs; and

WHEREAS, these booklets and accompanying posters have been distributed for use by schools, faith communities, health care providers and community agencies across Blue Earth County, Ramsey County, and the metro area in partnership with The Initiative for Violence-Free Families in Hennepin County; and

WHEREAS, The Peaceful Parenting Action Team has declared March 8-12 “Thriving With Your Teen Week”, and has encouraged and facilitated a wide array of activities and education during this week;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Blue Earth County Commissioners hereby declares March 8-12, 1999 “Thriving With Your Teen Week” in Blue Earth County; and

BE IT FURTHER RESOLVED, The Board of Blue Earth County Commissioners commends the excellent work of the Peaceful Parenting Action Team in developing and disseminating these materials and also thanks 3M Community Affairs for their generous support of this exciting community effort.

The motion carried. 99-66

Commissioner McLaughlin moved and Commissioner More seconded the motion to approve the Youth Assets Resolution. The resolution is on file in the County Administrator’s Office, Courthouse, Mankato, MN.

The motion carried. 99-67

Commissioner Landkamer moved and Commissioner Barnes seconded the motion to appoint Commissioner Bennett to the Technology Plus Center Task Force.

The motion carried. 99-68

Commissioner More moved and Commissioner Barnes seconded the motion to approve the following resolution:

RESOLUTION WHEREAS, Minnesota farm operators are currently receiving the lowest grain and livestock commodity prices in decades and in many cases these price levels are below the cost of production.

WHEREAS, Minnesota farm families engaged in pork production are facing the most severe economic crisis in several decades, a crisis which could force thousands of farm operators out of business.

WHEREAS, Minnesota farm families affected by this severe economic crisis are in need of immediate assistance to address the financial needs of their farm business and the financial and emotional stresses facing their family.

WHEREAS, Agriculture is a major industry in Minnesota and the economic crisis facing the swine industry and other segment’s of the state’s agriculture industry could have a highly negative economic impact on the economy of most rural communities in Minnesota.

BE IT RESOLVED THAT, the Blue Earth County Board of Commissioners request that the Federal and State Government take appropriate and immediate action to address the current economic crisis facing farm families and rural communities in Minnesota.

The motion carried. 99-69

Commissioner Landkamer moved and Commissioner Barnes seconded the motion to approve the following resolution:

RESOLUTION OF THE BLUE EARTH COUNTY BOARD OF COMMISSIONERS

WHEREAS, there is a bill before the Minnesota State Legislature that would authorize local law enforcement agencies to sell confiscated fire arms to the public, and

WHEREAS, selling fire arms could result in such weapons ending up in the hands of individuals who could harm themselves or others, and

WHEREAS, selling fire arms to the public could result in lawsuits against public agencies should such weapons ending up in the hands of individuals who harm themselves or others,

NOW THEREFORE, BE IT RESOLVED, that the Blue Earth County Board of Commissioners hereby opposes the sale of confiscated weapons by local law enforcement agencies.

The motion carried. 99-70

Commissioner Landkamer moved and Commissioner More seconded the motion to adjourn at 12:03 p.m.

The motion carried. 99-71