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OFFICIAL PROCEEDINGS OF THE
BOARD OF COMMISSIONERS
BLUE EARTH COUNTY, MINNESOTA
February 17, 1998
The County Board of Commissioners met in the Commissioners' Room at 9:00 a.m. Present were Chairperson Alvis More, Commissioner Leon Tacheny, Commissioner Colleen Landkamer, Commissioner Al Bennett, County Attorney Ross Arneson and County Administrator David Twa.
1. AGENDA REVIEW
Commissioner Bennett moved and Commissioner Tacheny seconded the motion to approve the Agenda. The motion carried. 98-57
2. FARM FAMILY PROCLAMATION
Mr. Kent Thiesse, Extension Educator, updated the Board on Blue Earth County’s Farm Family of the Year and Ag Industry Day.
Commissioner Bennett moved and Commissioner Tacheny seconded the motion to approve the following proclamation.
SOUTH CENTRAL AGRICULTURE INDUSTRY DAY
PROCLAMATION
WHEREAS there is no single industry that has a greater influence on society than Agriculture.
WHEREAS the impact of food and fiber is often the difference between economic, as well as human, feast or famine.
WHEREAS Minnesota’s Food and Agriculture Industry accounts for 22% of the state’s exports and accounts for one of every three jobs in the state.
WHEREAS South Central Minnesota is a recognized leader in corn, soybean, and swine production in Minnesota and has a significant amount of dairy, beef, poultry, and canning crop production.
WHEREAS numerous industries and retail businesses in South Central Minnesota are directly linked to the Food and Agriculture Industry for their job creation and economic viability.
The Blue Earth County Board of Commissioners designate March 12, 1998, as South Central “Agriculture Industry Day” in support and recognition of the region’s vast and far-reaching Food and Agriculture Industry.
The motion carried. 98-58
3. 1998 COUNTY RECORDER OF THE YEAR
The Board congratulated Mr. E. William James, Assistant Land Records Director, on being named Minnesota Association of County Officials’ (MACO) 1998 County Recorder of the Year.
4. COMMISSIONERS’ REPORTS ON COMMITTEES
The Commissioners reported on committees that they have attended since the last Board Meeting.
5. ADMINISTRATIVE SERVICES
Mr. David Twa, County Administrator, presented the following items for the Boards consideration.
Commissioner Landkamer moved and Commissioner Bennett seconded the motion to approve the February 3, 1998 Board Minutes. The motion carried. 98-59
Commissioner Landkamer moved and Commissioner Bennett seconded the motion to approve the following Bills:
Bills for Week of February 9-13, 1998
Grand Total $2,013,216.24
Bills for Week of February 16-20, 1998
Grand Total $3,361,528.14
The motion carried. 98-60
Commissioner Bennett moved and Commissioner Tacheny seconded the motion to approve the following Personnel items:
Employment of Philip Claussen, as Assistant Human Service Director (Family/Community Health Services) (D61), with a starting salary of $25.64 per hour effective April 1, 1998. (Human Services)
Promotion of Sue Stevenson, from Word Processing Operator II (B21) to Clerical Specialist II (B22) with a salary adjustment from $12.33 to $12.63 per hour effective March 2, 1998.
Authorization to initiate recruitment for a Word Processing Operator II (B21). (Word Processing)
Promotion of Thomas Coulter, from Custody Officer (B23) to Patrol Officer (C42) with a salary adjustment from $11.73 to $14.77 per hour effective March 2, 1998. (Sheriff)
Authorization to initiate recruitment for a Custody Officer (B23). (Sheriff)
Change in employment status for Michele Mulenburg, from Custody Officer (On-Call) to Custody Officer (B23) with a salary adjustment from $11.28 to $11.39 per hour effective February 8, 1998. (Sheriff)
Employment of Julie Danks as Custody Officer (B23) with a starting salary of $11.39 per hour effective March 2, 1998.
Resignation of Kathleen Zinke, Accounting Technician (B23) effective February 13, 1998. (Finance)
Extension of probation for Teresa Koetke, Senior Account Clerk (B22), from February 24, 1998 to May 24, 1998. (Human Services)
The motion carried. 98-61
Commissioner Landkamer moved and Commissioner Bennett seconded the motion to approve the Southeast Minnesota Recyclers’ Exchange (SEMREX) Joint Powers Agreement. The agreement is made by and between the Counties of Blue Earth, Fillmore, Freeborn, Mower, Rice, Steele, Waseca and Winona. The purpose of the SEMREX Joint Powers Board is to protect the environment of the Southeast Minnesota region through regional recycling cooperative marketing ventures and market development strategies, materials exchange efforts, innovative public education efforts, buy recycled initiatives and other projects deemed appropriate by its members. The motion carried. 98-62
Commissioner Tacheny moved and Commissioner Bennett seconded the motion to appoint Commissioner Barnes as the delegate and Commissioner Landkamer as the alternate to the SEMREX Joint Powers Board and appoint Ms. Jean Lundquist, Waste Management Specialist, to the Technical Committee. The motion carried. 98-63
Commissioner Bennett moved and Commissioner Tacheny seconded the motion to approve a Spraying Agreement with Teryjon Aviation, Inc., to spray county ditches and judicial ditches with chemical herbicides by means of a helicopter for $12.00 per acre for 1998 to be charged to the ditch system. The motion carried. 98-64
Commissioner Landkamer moved and Commissioner Bennett seconded the motion to approve Tax Abatements to Irvin & Ellen Kuefner, RR 1 Box 95, R39-10-03-301-002 K- 168142, LeRay Township and Terra International Inc., 502 East Silver Street, R15-24-04-261-002 K-116751, Mapleton. The motion carried. 98-65
Commissioner Landkamer moved and Commissioner Bennett seconded the motion to approve Minnesota Valley Action Council’s Blue Earth County Housing Rehab Report. The motion carried. 98-66
Commissioner Tacheny moved and Commissioner Bennett seconded the motion to approve a Minnesota Lawful Gambling Application for Authorization for an Exemption from Lawful Gambling License to Lura Lake Association. The raffle will take place on May 16, 1998 at Daley Park, Mapleton Township. The motion carried. 98-67
6. PLANNING & ZONING
Mr. Veryl Morrell, Land Use & Natural Resources Administrator; Ms. Julie Conrad, Land Use & Natural Resources Planner and Mr. Bill Goebel, Land Use Specialist, presented the following Planning and Zoning items.
Commissioner Bennet moved and Commissioner Landkamer seconded the motion to approve the following Conditional Use Permit:
RESOLUTION GRANTING A
CONDITIONAL USE PERMIT TO
TRANSFER DEVELOPMENT RIGHTS
SECTION 19, RAPIDAN TOWNSHIP
WHEREAS, Wayne A. Behnke and Margaret Behnke and Kevin Krosch and Carol Krosch have applied for a Conditional Use Permit to Transfer Development Rights from the Northwest Quarter of the Southeast Quarter and from the Southeast Quarter of the Southeast Quarter of Section 19, Rapidan Township to the Northeast Quarter of the Southeast Quarter of Section 19, Rapidan Township, an Agricultural Zoning District; and
WHEREAS, Wayne A. Behnke and Margaret Behnke, owners of the following real estate in the County of Blue Earth, Minnesota, to wit:
The Northwest Quarter (NW1/4) of the Southeast Quarter (SE1/4) and the Southeast Quarter (SE1/4) of the Southeast Quarter (SE1/4) of Section 19, Township 107 North, Range 27 West,
transfer development rights to a tract owned by Kevin Krosch and Carol Krosch and described as follows:
That part of the Northeast Quarter (NE1/4) of the Southeast Quarter (SE1/4) of Section 19, Township 107 North, Range 27 West, described as: Commencing at the East Quarter Corner of Section 19; thence south 02 degrees 43 minutes 03 seconds East (assumed bearing) along the east line of the Southeast Quarter (SE1/4) of Section 19 a distance of 452.79 feet to the point of beginning; thence continuing South 02 degrees 43 minutes 03 seconds East, along said east line, the same being the center line of County Highway No. 34, a distance of 605.50 feet; thence South 87 degrees 16 minutes 57 seconds West, 766.81 feet; thence North 02 degrees 43 minutes 03 seconds West, along a line parallel with the east line of the Southeast Quarter (SE1/4) of Section 19, a distance of 605.50 feet; thence North 87 degrees 16 minutes 57 seconds East, 766.81 feet to the point of beginning. Said parcel contains 10.66 acres, subject to an easement for County Highway No. 34 purposes over and across the easterly boundary; Also subject to any other easements of record; and
WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC 69-97 ), a copy of said report has been presented to the County Board; and
WHEREAS, the Planning Commission of the County on the 4th day of February, 1998, 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. That the proposed use conforms with the County Land Use Plan.
2. That the proposed use will not degrade the water quality of the County
3. That 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 provided.
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 predominant uses in the area.
9. That the density of proposed residential development is not greater than the density of the surrounding neighborhood or the density allowed in the Agricultural Zoning District.
NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of Commissioners, that the request for a Conditional Use Permit, to Transfer Development Rights in an Agricultural Zoning District, is granted with the following condition:
1. The applicants subdivide and record all divisions of land in accordance with the provisions of the County Subdivision Ordinance.
This resolution shall become effective immediately upon its passage and without publication.
The motion carried. 98-68
Commissioner Bennett moved and Commissioner Tacheny seconded the motion to approve the following Final Plat:
RESOLUTION
GRANTING FINAL PLAT APPROVAL
OF KROSCH SUBDIVISION
SECTION 19, RAPIDAN TOWNSHIP
WHEREAS, Kevin and Carol Krosch the owners of the property included in the plat of Krosch Subdivision have submitted a final plat for approval; and
WHEREAS, the final plat meets the requirements of the Blue Earth County Subdivision Ordinance; and
WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC 68-97), a copy of said report has been presented to the County Board; and
WHEREAS, the Planning Commission of the County on the 4th day of February, 1998, following proper notice, held a public hearing regarding the request and, following the hearing, adopted a recommendation that the request for Final Plat Approval be granted; and
WHEREAS, the Blue Earth County Board of Commissioners finds that:
1. There are adequate utilities available.
2. The proposed plat will not adversely affect natural resources in the area.
3. The proposed subdivision meets the minimum standards of the County Zoning Ordinance and Subdivision Ordinance.
4. The proposed plat will not be injurious to the enjoyment of other property in the immediate vicinity for the purposes already permitted.
5. That the density of the proposed development is not greater than the density of the surrounding area and not greater than the density allowed in the Agricultural Zoning District.
NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of Commissioners, that the request for Final Plat Approval of Krosch Subdivision is granted
This resolution shall become effective immediately upon its passage and without
publication.
The motion carried. 98-69
Commissioner Landkamer moved and Commissioner Bennett seconded the motion to approve the following Conditional Use Permit:
RESOLUTION GRANTING A
CONDITIONAL USE PERMIT TO STORE AND CRUSH CONCRETE
AND BITUMINOUS MATERIAL IN A PERMITTED GRAVEL MINE
SECTION 21, CAMBRIA TOWNSHIP
WHEREAS, Loren Hoffman, owner of the following real estate in the County of Blue Earth, Minnesota, to wit:
All that land lying east of Minnesota Trunk Highway 68 in the Northeast Quarter of the Southeast Quarter of Section 21, Township 109 North, Range 29 West in Cambria Township;
has applied for a Conditional Use Permit to store and crush concrete and bituminous materials at an existing gravel mine located in an Agricultural 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 (PC 01-98 ), a copy of said report has been presented to the County Board; and
WHEREAS, the Planning Commission of the County on the 4th day of February 1998, 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 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.
10. The intensity of the proposed use is not greater than the intensity of the surrounding land uses.
NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of Commissioners, that the request for a Conditional Use Permit to store and crush concrete and bituminous materials at an existing gravel mine in an Agricultural Zoning District, is granted with the following conditions:
1. That the storage of materials and crushing operations shall be conducted in compliance with the laws of the State of Minnesota, the Federal Government, and Blue Earth County.
2. All operations shall be pursuant to the approved Conditional Use Permit granted to Hoffman Construction by the Blue Earth County Board of Commissioners on November 26, 1996.
3. Trucks used in hauling materials to and from the site of excavation shall be loaded in such a manner as to minimize spillage onto public roadways.
4. Operating procedures must be utilized to control dust and noise so as not to be in conflict with adjoining property owners.
5. Stockpiling or crushing must not be conducted closer than one hundred (100) 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.
6. Hours of operation shall be limited to 7:00 AM through 9:00 PM.
7. That if the stockpiling or crushing operation becomes 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.
8. This permit shall be effective for a period of five years of Board approval, or until February 17, 2003.
This resolution shall become effective immediately upon its passage and without publication.
The motion carried. 98-70
Commissioner Landkamer moved and Commissioner Tacheny seconded the motion to approve the following Conditional Use Permit:
RESOLUTION GRANTING A
CONDITIONAL USE PERMIT TO TRANSFER DEVELOPMENT RIGHTS
SECTION 19, JAMESTOWN TOWNSHIP
WHEREAS, Harvey Isenberg has applied for a Conditional Use Permit Transfer of Development Rights from the Northwest Quarter of the Northwest Quarter of Section 19, Jamestown Township to the Northeast Quarter of the Northwest Quarter of Section 19 Jamestown Township, an Agricultural Zoning District; and
WHEREAS, development rights will be transferred from the following real estate owned by Harvey Isenberg in the County of Blue Earth, Minnesota, to wit:
The West Half of the Northwest Quarter of Section 19, Jamestown Township, T 109 N R 25 W, excepting therefrom the following 3 parcels:
1. Beginning at the Northwest corner of Section 19, T 109 N R 25 W; running thence South along the West section line of said Section 19 a distance of 250.8 feet; thence east a distance of 233 feet; thence north a distance of 250.8 feet; thence west along the north boundary line of said Section 19 a distance of 233 feet to the point of beginning, containing 1.34 acres of land, more or less.
2. A parcel of land in the Northwest Quarter of the Northwest Quarter of Section 19, described as follows: Beginning at a point on the North Line (assumed South 890, 36.8' East) of the said Northwest Quarter of the Northwest Quarter - 233 feet east of the Northwest Corner of said Section 19, thence South 0o, 00.0' East - 72.92 feet, thence South 86o, 26.5' East, - 128 feet thence South 85o, 41.6' East, 365.85 feet, thence North 83o, 42.2' East 437.64 feet, thence South 77o, 46.2' East - 126.38 feet, thence North 0o, 09.9. West - 80 feet, and thence North 89o, 36.8' West - 1050.88 feet to the point of beginning, the point of ending, containing 2.06 acres of land, more or less.
3. A parcel of land in the Northwest Quarter of the Northwest Quarter of Section 19 described as follows: Beginning at a point on the West Line of the said Northwest Quarter of the Northwest Quarter (assumed South 0o, 00.0' East) - 250.8 feet South of the Northwest corner of said Section 19, thence South 0o, 0.00' East - 150 feet, and thence South 90o, 00.0' East - 65 feet, thence North 0o, 00.0' West - 150 feet, and thence North 90o, 00.0' West - 65 feet to the point of beginning, the point of ending, containing .22 acres, more of less.
to the following real estate owned by Harvey Isenberg in the County of Blue Earth, Minnesota, to wit:
Beginning at the Northwest corner of the East Half of the Northwest Quarter of Section 19, T 109 N R 25 W, thence running South on the West line of said East Half of the Northwest Quarter to the South line of said Northwest Quarter, thence running East on the South line of said East Half of the Northwest Quarter 60 rods; thence running North about 128 rods to the center of the county line road between the counties of Blue Earth and LeSueur; and running thence on the center line of said road in a northwesterly direction to the North line of said East Half of the Northwest Quarter; and running thence West on the North line of said quarter section to the place of beginning and containing 54 acres more or less.
and
WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC 05-98 ), a copy of said report has been presented to the County Board; and
WHEREAS, the Planning Commission of the County on the 4th day of February, 1998, 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. That the proposed use conforms with the County Land Use Plan.
2. That the proposed use will not degrade the water quality of the County.
3. That 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 provided.
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 predominant uses in the area.
9 That the density of proposed residential development is not greater than the density of the surrounding neighborhood or not greater than the density allowed in the Agricultural Zoning District.
NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of Commissioners, that the request for a Conditional Use Permit, to Transfer Development Rights in an Agricultural Zoning District, is granted with the following conditions:
1. The applicants subdivide and record all divisions of land in accordance with the provisions of the County Subdivision Ordinance.
2. That the applicant obtain Construction Permits before building begins.
3. That the location of the proposed house must meet feedlot-dwelling setback.
This resolution shall become effective immediately upon its passage and without publication.
The motion carried. 98-71
Mr. Mike Dove, Attorney for petitioner and Mr. Duane Bergemann, applicant, spoke in regards to the next item. After discussion, Commissioner Landkamer moved and Commissioner Bennett seconded the motion to approve the Conditional Use Permit to operate an auction facility:
RESOLUTION GRANTING A CONDITIONAL USE PERMIT
TO OPERATE AN AUCTION FACILITY IN A
LIGHT INDUSTRIAL ZONING DISTRICT
SECTION 10, VERNON CENTER TOWNSHIP
WHEREAS, Duane Bergemann, owner of the following real estate in the County of Blue Earth, Minnesota, to wit:
Northeast Quarter of Section 10, Vernon Center Township, T106N, R28W, excluding 4.21 acres of highway right of way.
has applied for a Conditional Use Permit to operate an auction facility in a Light Industrial Zone; and
WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC 06-98), a copy of said report has been presented to the County Board; and
WHEREAS, the Planning Commission of the County on the 4th day of February, 1998, 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 the proposed use does conform with the County 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 run-off.
4. That with proper erosion control measures, the 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 provided.
7. That adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed land use.
8. That facilities are provided to eliminate any traffic congestion or traffic hazard which may result from the proposed use.
9. 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.
10. 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.
11. 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 neighbors will result.
NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of Commissioners, that the request for a Conditional Use Permit, in a Light Industrial Zoning District, is granted with the following conditions:
1. One off road parking space for every two people, based on maximum auction attendance, shall be provided.
2. The parking surface and access drives shall be maintained with a dust free, all weather surface.
3. Fencing or other type of physical barrier approved by the Environmental Services Department shall be installed to protect the on-site sewage treatment system, septic tank, and well from damage by vehicles and machinery.
4. Sod or suitable vegetative cover to prevent erosion shall be maintained in the area established for machinery display.
5. Use of the building and kitchen shall be limited to auctions, airplane storage, owner's offices, and directly related activities.
6. Access, parking, and bathroom facilities as required by Chapter 1340 of the Minnesota State Building Code, Facilities for the Handicapped and the CABO/ANSI A1117.1-1192 Handicapped Accessibility Standards must be met.
7. Permits and licenses for food service and sewage treatment from the Minnesota Department of Health shall be maintained by the operator.
8. The applicant shall obtain permits for all on and off premise signs before signs are constructed.
9. Hazardous materials including pesticides and herbicides shall not be stored in the auction facility.
10. Any change in operation or use of the facility shall require review of the Conditional Use Permit. The applicant shall apply for a review of the Conditional Use Permit prior to any operational or construction changes involved with the proposed use.
11. Violations of any of the above conditions may lead to a review of the Conditional Use Permit by the Planning Commission and County Board of Commissioners.
12. The Conditional Use Permit shall be effective for a period of five years following County Board approval, until February 17, 2003. The applicant shall make application for review of the permit prior to February 17, 2003.
This resolution shall become effective immediately upon its passage and without publication.
The motion carried. 98-72
After further discussion, Commissioner Bennett moved and Commissioner Landkamer seconded the motion to deny the following Conditional Use Permit Application with the condition that the applicant can reapply after working with county staff and waive any conditional use permit reapplication fees:
RESOLUTION DENYING A CONDITIONAL USE PERMIT
TO OPERATE A RESTAURANT IN A
LIGHT INDUSTRIAL ZONING DISTRICT
SECTION 10, VERNON CENTER TOWNSHIP
WHEREAS, Duane Bergemann, owner of the following real estate in the County of Blue Earth, Minnesota, to wit:
Northeast Quarter of Section 10, Vernon Center Township, T106N, R28W, excluding 4.21 acres of highway right of way.
has applied for a Conditional Use Permit to operate a restaurant in a Light Industrial Zone; and
WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC 06-98), a copy of said report has been presented to the County Board; and
WHEREAS, the Planning Commission of the County on the 4th day of February, 1998, 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 operation of a restaurant in this Light Industrial Zoning District does not conform with the County Land Use Ordinance.
2. That new restaurants requiring on site sewage treatment systems do not conform with the County Land Use Plan.
3. That the establishment of the Conditional Use is not compatible with the existing 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, in a Light Industrial Zoning District, is denied.
This resolution shall become effective immediately upon its passage and without publication.
The motion carried. 98-73
Commissioner Bennett moved and Commissioner Tacheny seconded the motion to approve the following:
RESOLUTION GRANTING A
CONDITIONAL USE PERMIT TO CONSTRUCT TWO TOTAL
CONFINEMENT POULTRY BARNS CREATING A NEW FEEDLOT OF 480 A.U.
LOCATED IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER SECTION 15, MAPLETON TOWNSHIP
WHEREAS, Orval Gartner, owner of the following real estate in the County of Blue Earth, Minnesota, to wit:
The North 917 feet of the West Half of the Southeast Quarter, except the East 475 feet of Section 15, T. 105 N. - R. 26 W.
has applied for a Conditional Use Permit to construct two total confinement poultry barns and an egg cooling house in an A, 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 (PC 07-98 ), a copy of said report has been presented to the County Board; and
WHEREAS, the Planning Commission of the County on the 4th day of February, 1998, 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. That with proper management of the proposed barns and with proper manure application, the Conditional Use should not be injurious to the use and enjoyment of other property in the immediate vicinity designated for agricultural uses.
2. That with proper management of the proposed barns and with proper manure application, this facility should not constitute a pollution problem.
3. That the predominant use in the area is agriculture. The Conditional Use should not impede the normal and orderly development and improvement of surrounding vacant property for agricultural uses.
4. Adequate utilities, access roads, drainage and other necessary facilities have been or will be provided.
5. Adequate measures will be taken to provide sufficient off-road parking and loading space to serve the proposed use.
6. Soil conditions are adequate to accommodate the proposed request.
7. Proper facilities will be provided which will eliminate any traffic congestion or traffic hazard which may result from the proposed use.
8. The feedlot is not greater than the feedlot standards allowed in the A, Agricultural Zoning District.
9. The proposed use is consistent with the County Land Use Plan.
10. That the proposed use does not include residential development.
11. That the proposed use does not include industrial development.
NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of Commissioners, that the request for a Conditional Use Permit, to build two total confinement poultry barns and an egg cooling house in an Agriculture Zoning District, is granted with the following conditions:
1. That the total confinement barns, conform with the site plan attached to this report PC 07-98.
2. That the feedlot, including all buildings and the proposed building, be located on a single, legally described parcel consisting of a minimum of ten contiguous acres. The parcel shall be a parcel of record, properly recorded in the Blue Earth County Land Records Office.
3. That the applicant must obtain a Blue Earth County Feedlot Permit and Certificate of Compliance before any animals are placed in the proposed barns.
4. That the applicant obtain a Blue Earth County Construction Permit before building begins and within nine months from the date the County Board of Commissioners approves the Conditional Use Permit. The permit shall be rendered invalid if application for a Construction Permit is not made within this nine month period. Time extensions for Conditional Use Permits must be obtained from the County Board of Commissioners subsequent to a public hearing conducted by the Planning Commission.
5. That the applicant obtain a Department of Natural Resources, “Water Appropriations Permit” before any animals are placed in the proposed barns.
6. That application of manure be on the land documented in the aerial photos included in the State of Minnesota Application for Construction and Operation of an animal feedlot. The application of manure shall comply with standards set forth in Attachment A-1, Manure Management Summary and Attachment A-4, Manure Application Setbacks, as contained in staff report PC 07-98.
7. That the disposal of dead animals be consistent with the Minnesota Board of Animal Health regulations.
8. That the applicant provide an enclosed location for the pick up of dead animals before any animals are placed in the proposed barns.
9. That adequate measures be taken to minimize or control offensive odor, fumes, dust, noise, or vibrations so that none of these will constitute a nuisance.
î_n
10. That County Tile Ditch 35 be located and that the proposed facility must be placed at least 100 feet from county Tile Ditch 35. If County Tile Ditch 35 is disturbed during construction it must be returned to it’s original preconstruction condition.
This resolution shall become effective immediately upon its passage and without publication.
The motion carried. 98-74
Commissioner Bennett moved and Commissioner Landkamer seconded the motion to
Set a public hearing on March 24, 1998 at 2:00 p.m. to amend the Land Use Ordinance to establish the Urban Fringe Overlay District. The purpose of the District is to prevent the encroachment of non-farm development into agricultural lands and to allow for the orderly conversion of agricultural lands to urban uses which are serviced by municipal water and sewer. Areas included in the Urban Fringe Overlay District are all of South Bend Township, all of Mankato Township, all of Lime Township, Sections 1, 2, 3, 4, 5 and 6 of Decoria Township, and Sections 1 and 2 of Rapidan Township. The motion carried. 98-75
Pursuant to publication, a public hearing was held to hear an amendment to the Blue Earth County Land Use Ordinance. The public hearing was opened by Chairperson More at 10:20 a.m., February 17, 1998. Mr. Veryl Morrell, Land Use and Natural Resources Administrator, gave an overview of the proposed amendment. No public comments were made. After discussion, Commissioner Bennett moved and Commissioner Tacheny seconded
the motion to approve the following:
A RESOLUTION AMENDING THE BLUE EARTH COUNTY
LAND USE ORDINANCE
WHEREAS, a public hearing was held on January 7, 1998, by the Blue Earth County Planning Commission to consider an amendment to the Blue Earth County Land Use Ordinance and following consideration of testimony a recommendation for approval was forwarded to the Board of Commissioners; and
WHEREAS, a hearing was held by the Blue Earth County Board of Commissioners on February 17, 1998, upon receiving the recommendation from the Planning Commission.
NOW THEREFORE BE IT RESOLVED, the Board of Commissioners of Blue Earth County, Minnesota, does hereby ordain:
That the Blue Earth County Land Use Ordinance be amended as follows:
Section 0100.0404, Definitions, to include Firing Range, Indoor. A target range used for target shooting, training, or for any other use involving the discharge of handguns or other firearms, which is open to members or the general public upon payment of a fee, and which is located within the confines of a building.
Section 0100.0404, Definitions, to include Firing Range, Outdoor. A range used for target, trap, or skeet shooting, training, or for any other use involving the discharge of handguns or other firearms, which is open to members or the general public upon payment of a fee.
Section 6, Agricultural District, 0100.0602, Subp. 2, Conditional Uses, to include Outdoor firing ranges, subject to performance standards contained in Section 0100.1403.
Section 11, Highway Business District, 0100.1102, Subp. 2, Conditional Uses, to include Indoor firing ranges, subject to performance standards contained in Section 0100.1403.
Section 12, Light Industrial District, 0100.1202, Subp. 2, Conditional Uses, to include Indoor firing ranges, subject to performance standards contained in Section 0100.1403.
Section 0100.1403, Performance Standards, to create new subsection headed Indoor and Outdoor Firing Ranges. This subsection addresses performance standards for target or testing ranges at which firearms are discharged. Indoor ranges are listed as conditional uses in the Highway Business District and Light Industrial District. Outdoor ranges are listed as a conditional use in the Agricultural District.
The use of property for an indoor firing range shall conform to the following standards:
A. The firing range shall not be located on any zoning lot which is adjacent to a Residential District.
B. The use, occupancy, and construction of the building shall be of materials that will contain all fired rounds within the confines of the building.
C. The use shall conform with the applicable Minnesota Pollution Control Agency, Environmental Protection Agency, and OSHA standards for indoor ventilation, emissions into the atmosphere, indoor sound levels, lead containment, and outside noise standards.
D. If retail sale and repair of weapons and/or ammunition is conducted on the premises, the management shall comply with all licensing and operational requirements of the Federal Bureau of Alcohol, Tobacco, and Firearms.
E. The design and construction of the firing range shall totally confine all fired projectiles within the building and in a controlled manner. The design and construction of the firing range shall be certified by a Professional Engineer registered in the State of Minnesota. The certified plans shall include the specifications and construction of the bullet traps, ceilings, exterior and interior walls, and floors. The certified plans shall state what type and caliber of ammunition the range is designed to totally confine.
F. No ammunition shall be used in the range that exceeds the certified design and construction specifications of the firing range.
G. A written log of range users shall be maintained by the range operator. The log shall include the name and address of the range user, and the time and date the user was in the range. The name and address of the range user shall be verified by photo identification. The log shall be subject to review by the County Sheriff or designee.
H. An alarm system, cut wire protected, shall be supplied to provide security for the general premises.
I. Firearms which are stored on the premises shall be stored in a vault when the range is closed for business. An alarm system, independent of the general alarm system and cut wire protected, shall be supplied for the firearm vault.
J. Ammunition shall not be stored in the firearm vault.
K. On site supervision shall be supplied at all times by an adult with credentials as a qualified range master.
L. The transport of firearms on the premises shall conform to State Law.
M. Minors shall not be allowed in the range unless accompanied by an adult at all times.
N. The operation of the range shall be limited to the hours of 7:00 A.M. to 10:00 P.M.
O. The County Board reserves the right to review or modify the performance standards for the range.
The use of property for an Outdoor firing range shall conform to the following:
A. No retail sales or repair of firearms shall be permitted as an accessory use to an outdoor range.
B. Outdoor ranges shall be setback a minimum of 500 feet from adjoining properties, and a minimum of 1500 feet from residential or agricultural buildings, unless noise reduction techniques are used.
C. Outdoor firing ranges shall not be sited within one and one-half miles of residences located in the direct line of fire, unless the range is below ground or shooting lanes are confined by some means, such as concrete culverts.
D. Outdoor ranges shall not be located within 500 feet of an airstrip or runway. No range shall be sited which places any portion of an airstrip within one and one-half miles if the portion is in the direct line of fire, unless the range is below ground or shooting lanes are confined by some means, such as concrete culverts.
E. The range shall be designed to provide protection from accidental or stray ammunition discharge for surrounding properties and to minimize noise.
F. Only firearms shall be discharged at the range. No cannons, artillery, or rockets shall be discharged unless blanks are being fired.
G. Access shall be controlled by a lockable gate.
H. Signage identifying the range shall be located at intervals of no less than 400 feet around the perimeter of the range.
This ordinance shall become effective thirty (30) days after its adoption and publication.
The motion carried. Chairperson More officially closed the public hearing at 10:28 a.m., February 17, 1998. A transcript of this hearing is on file at the County Administrator’s Office, Courthouse, Mankato, MN. 98-76
7. COUNTY DITCH #77 - BERM RESTORATION
A discussion was held concerning the removal of the berm on the Joseph Gahl property and the method of reimbursing the drainage system for restoring the berm along both sides of County Ditch #77 on the Joseph Gahl property.
Public comments were made by: Mr. Kurt Deter, Attorney; Mr. Chad Surprenant, Engineer; Mr. Chuck Peterson, Attorney for Mr. Gahl; Mr. David Lynch,
Mr. Joseph Gahl, Mr. Norman Phillips and Mr. Duane Hubmer.
After discussion, Commissioner Bennett moved and Commissioner Tacheny seconded the motion to levy $2,700 against the Joseph Gahl property to replace the Berm and the balance of the bill, $4,500, to be levied against the entire County Ditch #77 system for the clean out. The motion carried. Commissioner More voted nay. 98-77
8. HUMAN SERVICES
Mr. Dennis McCoy, Deputy Administrator, presented the following Human Service items for the Boards Consideration.
Commissioner Landkamer moved and Commissioner Bennett seconded the motion to approve the following Human Service items:
Approval of a grant contract between the Community Health Board and the Minnesota Department of Health for the Tobacco-Free Communities for Children Program. The contract covers the time period of January 1, 1998, through December 31, 1999.
Approval of a host-county agreement with Immanuel-St. Joseph’s Hospital for the time period January 1, 1998, through December 31, 1998, to provide chemical health services funded by the Consolidated Chemical Dependency Treatment Fund.
Approval of a host-county agreement with Immanuel-St. Joseph’s Hospital for the time period January 1, 1998, through December 31, 1998, to provide chemical health services funded by the Consolidated Chemical Dependency Treatment Fund.
Approval of Ms. Alice Mercurio from the Third District to the Mental Health Task Force.
Approval of a grant agreement with the Minnesota Department of Human Services for a grant/contract for calendar year 1998. This grant is in the amount of $100,000.00, of which $50,000.00 is from the Robert Wood-Johnson Foundation and $50,000.00 is available Federal matching funds.
Renewal of an apartment lease for the same amount for which the property was leased in 1997. This apartment is used by the Adult Initiative to provide crisis respite services for individuals in the acute stages of a mental health crisis.
Approval of host-county agreement with PCM to provide psychiatric services.
The motion carried. 98-78
Mr. Paul Schuster, Advisory Committee Chairperson, gave the Board an update from the Human Services Advisory Committee meeting.
The meeting recessed at 12:00 p.m.
The meeting reconvened at 1:30 p.m.
9. INDIVIDUAL SEWAGE TREATMENT ORDINANCE PUBLIC HEARING
Pursuant to publication, a public hearing was held to adopt the Blue Earth County Individual Sewage Treatment System Ordinance.
The public hearing was opened by Chairperson More at 1:30 p.m., February 17, 1998.
Mr. Scott Fichtner, Environmental Services Director and Mr. Herb Wenkel, Senior Environmental Specialist, presented the ordinance. This ordinance will provide minimum standards for the control of construction, reconstruction, repair, operation and maintenance of all onsite sewage treatment systems not otherwise regulated by the State of Minnesota. It requires permits and inspections and provides for penalties for the improper construction, repair or alteration or operation of onsite sewage treatment system.
Public comments were made by: Mr. Dan Sjoquist, Skyline; Mr. Willard Vetter, Mayor of Skyline; Mr. Alan Honermann, Skyline and Mr. Dave Dallenbach, Skyline.
Commissioner Landkamer moved and Commissioner Bennett seconded the motion to approve the Blue Earth County Individual Sewage Treatment Ordinance. The motion carried. Chairperson More officially closed the public hearing at 2:53 p.m., February 17, 1998. A transcript of this hearing is on file at the County Administrator’s Office, Courthouse, Mankato, MN. 98-79
Commissioner Bennett moved and Commissioner Tacheny seconded the motion to approve the following resolution:
RESOLUTION ESTABLISHING PERMIT FEE
FOR SEWAGE HOLDING TANKS
WHEREAS, The Blue Earth County Board of Commissioners establishes permit fees for administration and inspection of individual sewage treatment systems.
AND WHEREAS, The permit fee reflects the estimated cost of program administration and inspection costs.
AND WHEREAS, The Board recognizes that the cost to the County for administration and inspection of a sewage holding tank is significantly less than for a complete onsite sewage treatment system.
NOW THEREFORE BE IT RESOLVED, The permit fee for installation and inspection of a sewage holding tank be set at Fifty ($50) dollars.
The motion carried. 98-80
10. ENVIRONMENTAL SERVICES WORKSHOP
Mr. Scott Fichtner, Environmental Services Director and Mr. Veryl Morrell, Land Use and Natural Resources Administrator, presented items for the workshop.
Commissioner Landkamer moved and Commissioner Tacheny seconded the motion to combine the Board of Adjustment and Planning and Zoning Board, limit the term to nine years (3 Consecutive terms) and increase the per diem to $50. The motion carried. 98-81
Commissioner Landkamer moved and Commissioner Bennett seconded the motion to adjourn at 4:21 p.m. The motion carried. 98-82
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2-17-98
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