|
|
View Other Items in this Archive |
View All Archives | Printable Version
OFFICIAL PROCEEDINGS OF THE BOARD OF COMMISSIONERS
BLUE EARTH COUNTY, MINNESOTA
OFFICIAL PROCEEDINGS OF THE BOARD OF COMMISSIONERS
BLUE EARTH COUNTY, MINNESOTA
February 18, 1997
The County Board of Commissioners met in the Commissioners'
Room at 9:00 a.m. Present were Chairperson Lin Barnes,
Commissioner Colleen Landkamer, Commissioner Leon Tacheny,
Commissioner Al Bennett, Commissioner Alvis More, County Attorney
Ross Arneson and County Administrator David Twa.
1. AGENDA REVIEW
Commissioner Bennett moved and Commissioner More seconded
the motion to approve the amended Agenda by deleting the American
Legion Tours, since not enough students signed up and adding an
additional personnel item. The motion carried. 97-63
3. COMMISSIONERS' REPORTS ON COMMITTEES
The Commissioners reported on committees that they have
attended since the last Board Meeting.
11. 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 11, 1997 Board
Minutes. The motion carried. 97-64
Commissioner Tacheny moved and Commissioner More seconded
the motion to approve the following Bills:
Bills for Week of February 17-21, 1997
Grand Total $912,021.23
The motion carried. 97-65
Commissioner Landkamer moved and Commissioner Tacheny
seconded the motion to approve tax abatements to John & Carol
Honermann, 742 Belwood Drive, Mankato (R01-08-23-276-011 K-21176)
for taxes payable in 1997 and to Gerald Killion, 515 Homestead
Road, Mankato (R01-09-20-129-005 K-74047) for taxes payable in
1995, 1996 and 1997. The motion carried. 97-66
Commissioner Landkamer moved and Commissioner More seconded
the motion to approve the following Resolution:
Whereas, Blue Earth County is the host to the power
plant known as Wilmarth;
Whereas, Blue Earth County derives revenue from the
energy facility located at Mankato in the form of
personal property taxes on machinery which accounts for
$1,605,900 dollars for the year 1996;
Whereas, a study conducted by the Minnesota Department
of Revenue in conjunction with the Public Utilities
Commission and the Department of Public Service has
issued a study dated January 15, 1997 entitled
"Analysis of Utility Taxation in Minnesota" and has
presented such information before the Senate
Subcommittee for Property Tax and Local Government
Budget Division, Senator Sandra L. Pappas, Chair of
February 5, 1997;
Whereas, investor owned utilities (IOU's) have proposed
legislation which would remove personal property tax
from the available tax capacities of the affected
jurisdictions;
Whereas, jurisdictions who lose tax capacity could see
significant increases in property taxes at the local
level as a result of such legislation without
replacement revenues;
Whereas, the replacement revenues of a utility or
"meter" tax or other such remedies do not provide the
same assurance of cash flow and leaves affected
jurisdictions with an inability to deal adequately with
financial concerns;
Whereas, the replacement revenues would also be subject
to collection and "tinkering" by the state giving
affected jurisdictions inadequate security in receipt
of revenues both now and in the future with the added
possibility of sunsetting the revenue stream
completely;
Whereas, with the loss of the personal property taxes,
the affected jurisdictions will experience an adverse
impact in its ability to bond, its ratings, its long
term debt, and will experience problems with
outstanding bonds including disclosure requirements;
and,
Whereas, the above referenced study by the Department
of Revenue has in fact recommended the decreased use or
elimination of the personal property tax as a source of
revenue for local entities.
Now, Therefore, Blue Earth County hereby makes the
following
RESOLUTION
1. The Blue Earth County Board shall appoint
Commissioner Leon Tacheny as a liaison to work
with other similarly affected governmental
entities as a representative of this governing
board;
2. This representative is directed to work with
the committee for the purpose of establishing
a budget and funding formula to bring back to
this body for review and comment.
The motion carried. 97-67
Commissioner Landkamer moved and Commissioner More seconded
the motion to approve the following Personnel items:
Authorization to initiate recruitment for a Programmer
(C41), with actual hiring contingent upon financial
contribution by Southern Minnesota Health Initiative
(SMHI) partner counties. (Human Services)
Increase of hours for Sara Crocker, Probation Officer
(C42), from .5 FTE to 1 FTE effective February 24,
1997. (Community Corrections)
The motion carried. 97-68
4. PLANNING AND ZONING
Mr. Veryl Morrell, Land Use & Natural Resources
Administrator and Ms. Julie Conrad, Land Use & Natural Resources
Planner, presented the following Planning and Zoning items for
the Boards consideration.
Commissioner Bennett moved and Commissioner More seconded
the motion to approve the following Conditional Use Permit:
RESOLUTION GRANTING A
CONDITIONAL USE PERMIT
TO TRANSFER OF DEVELOPMENT RIGHTS
FROM SECTION 3, VERNON CENTER TOWNSHIP
TO SECTION 34, GARDEN CITY TOWNSHIP
WHEREAS, Charles and Albert Fleming, owners of the following
real estate in the County of Blue Earth, Minnesota, to wit:
The Northeast Quarter of the Northeast Quarter of
Section 3, Vernon Center Township,
have applied for a Conditional Use Permit to Transfer Development
Rights to the following real estate:
The South Half of the Southeast Quarter of Section 34,
Garden City Township, lying east of the Highway,
excluding 1.56 acres of the Highway;
and,
WHEREAS, the Planning Agency of the County has completed a
review of the application and made a report pertaining to said
request (PC 02-97 ), 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 February, 1997, 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 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 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 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 indicated by the applicable
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, is granted contingent
upon the following conditions:
1. The applicants subdivide and record all divisions of land in
accordance with the provisions of the County Subdivision
Ordinance.
2. The applicants obtain a Blue Earth County construction permit
before any building begins.
3. The applicants remove and legally dispose of or transfer the
mobile home from the property within 30 days of completion of
the permanent residence.
This resolution shall become effective immediately upon its
passage and without publication.
The motion carried. 97-69
Commissioner More moved and Commissioner Bennett seconded
the motion to approve the following:
RESOLUTION GRANTING A
CONDITIONAL USE PERMIT
TO EXPAND AN EXISTING FEEDLOT
SECTION 5, LYRA TOWNSHIP
WHEREAS, Brad and Clare Hollerich, owners of the following
real estate in the County of Blue Earth, Minnesota, to wit:
The Southeast Quarter of Section 5, Lyra Township, T.
106 N.- R. 27 W.,
have applied for a Conditional Use Permit to expand an existing
feedlot 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 03-97 ), 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 February, 1997, 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 barn 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 barn and with
proper manure application, this facility should not constitute
a pollution problem.
3. That the predominant use in the area is agriculture and 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 a expand an existing feedlot in an Agriculture
Zoning District, is granted with the following conditions:
1. That the total confinement barn, conforms with the site plan
attached to this report PC 03-97.
2. That the feedlot, including all buildings and the proposed
building, be located on a single, legally described parcel
consisting of a minimum of forty contiguous acres. The parcel
shall be a parcel of record, properly recorded in the Blue
Earth County Land Records Office. In the event that the
proposed barn is split off as a separate parcel, that parcel
must contain a minimum of ten contiguous acres and be properly
recorded in the Blue Earth County Land Records Office.
3. That a Certificate of Compliance Permit be issued before a
Blue Earth County Construction Permit is issued.
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 Blue Earth County Feedlot Permit
before animals are placed in the barn.
6. That the applicant obtain a Department of Natural Resources,
"Water Appropriations Permit" before any animals are placed in
the proposed barn.
7. That a perimeter footing drain tile be located at or below the
bottom of the pit footings. The footing tile shall include one
inspection pipe for each concrete pit. The native materials
must be excavated and walls back filled with granular material
(pit run gravel or equivalent).
8. 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
03-97.
9. That the disposal of dead animals be consistent with the
Minnesota Board of Animal Health regulations.
10. That the applicant provide an enclosed location for the pick
up of dead animals before any animals are placed in the
proposed barn.
11. 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.
This resolution shall become effective immediately upon its
passage and without publication.
The motion carried. 97-70
Commissioner More moved and Commissioner Tacheny seconded
the motion to approve the following Conditional Use Permit:
RESOLUTION GRANTING A
CONDITIONAL USE PERMIT
TO EXPAND AN EXISTING FEEDLOT
SECTION 12, DECORIA TOWNSHIP
WHEREAS, Mark and Virginia Kruse, owners of the following
real estate in the County of Blue Earth, Minnesota, to wit:
The Northeast Quarter of Section 12, T107 N, R26 W, save and
except the following described tracts of land situate in the
County of Blue Earth and State of Minnesota , to-wit:
A tract of land in the Northeast Quarter of the Northeast Quarter of Section 12 T107 N, R26 W, described as follows:
Beginning at a point one hundred seventy (170) feet north of the
Southeast corner of the Northeast Quarter of the Northeast Quarter of said Section 12, thence north four hundred twenty-five(425) feet, thence six hundred ninety-five (695) feet, thence south four hundred thirty-five (435) feet, thence east three hundred forty-five (345) feet, thence north one hundred twenty-five (125) feet, thence east one hundred forty (140) feet, thence south one hundred fifteen (115) feet, thence east two hundred ten (210) feet to the point of beginning. AND FURTHER EXCEPTING, a tract of land in the
Northeast Quarter of Section 12, T107 N, R26 W, described as
follows:
Beginning at a point seventy (70) feet south of the Northeast
corner of the Southeast Quarter of the Northeast Quarter of said
Section 12, thence south one hundred seventy-five (175) feet,
thence west two hundred sixty (260) feet, thence north one hundred sixty (160) feet, thence east one hundred (100) feet, thence north fifteen (15) feet, thence east one hundred sixty (160) feet to the point of beginning.
have applied for a Conditional Use Permit to expand an existing
feedlot 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 04-97), 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 February, 1997, 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 barn 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 barn 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 a expand an existing feedlot in an Agriculture
Zoning District, is granted with the following conditions:
1. That the total confinement barn, conforms with the site plan
attached to this report PC 04-97.
2. That the feedlot, including all buildings, 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 a Certificate of Compliance be issued before a Blue Earth
County Construction Permit is issued.
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 Blue Earth County Feedlot Permit
before animals are placed in the barn.
6. That the applicant obtain a Department of Natural Resources,
"Water Appropriations Permit" before any animals are placed
in the proposed barn.
7. That a perimeter footing drain tile be located at or below
the bottom of the pit footings. The footing tile shall
include one inspection pipe for each concrete pit. The
native materials must be excavated and walls back filled
with granular material (pit run gravel or equivalent).
8. 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 04-97.
9. That the disposal of dead animals be consistent with the
Minnesota Board of Animal Health regulations.
10. That the applicant provide an enclosed location for the pick
up of dead animals before any animals are placed in the
proposed barn.
11. 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.
This resolution shall become effective immediately upon its
passage and without publication.
The motion carried. 97-71
Ms. Katy Wortel, Mankato Township, made the following
comments in regards to the Planning and Zoning Committee: "Need
for new blood, not energetic anymore, they are paid and should
put some work into it." She was concerned that the Committee
does not represent the whole County since there are no city
residents serving on the Committee.
Commissioner Bennett moved and Commissioner More seconded
the motion to approve the following Resolution:
RESOLUTION OF THE
BLUE EARTH COUNTY BOARD OF COMMISSIONERS
REQUESTING AN EXTENSION OF THE GRANT AGREEMENT
FOR THE CRYSTAL, LOON AND MILLS LAKES
CLEAN WATER PARTNERSHIP
BE IT RESOLVED by the Blue Earth County Board of
Commissioners that the County enter into a Grant
Agreement Amendment with the Minnesota Pollution
Control Agency to amend the existing Grant Agreement
between Blue Earth County and the Minnesota Pollution
Control Agency for the Crystal, Loon and Mills Lakes
Clean Water Partnership, Water Quality Improvement
Project, Phase I, Resource Investigation Grant.
BE IT FURTHER RESOLVED by the Blue Earth County Board
of Commissioners that the Chairperson, Linley Barnes,
be authorized to execute the Grant Agreement Amendment
for the above-mentioned project on behalf of the Blue
Earth County Board of Commissioners.
WHEREUPON the above resolution was adopted at a regular
meeting of the County Board of Commissioners this 18th
day of February 1997.
The motion carried. 97-72
5. PONDEROSA
Mr. Scott Fichtner, Environmental Services Director and Mr.
Larry Biederman, Teal Resources, Inc., presented the following
item for the Boards consideration.
Ms. Katy Wortel, Mankato Township, stated some concerns that
she wanted clarified.
After discussion, Commissioner Landkamer moved and
Commissioner More seconded the motion to approve a five (5) year
Landfill Operations Service Agreement with Teal Resources, Inc.
to operate the Ponderosa Landfill. The motion carried. 97-73
6. MANKATO VALLEY REGIONAL LIBRARY
Mr. James Stetina, Director, introduced himself to the Board
and gave a background of his experience. As the new Director for
the Mankato Library, he gave an overview of the direction he
would like the library to go in the future.
7. COUNTY FINANCIAL REPORT
Mr. Jerry Books, Finance Director, presented to the Board as
an informational item the 1996 End of the Year Financial Report
and updated the Board on County investments.
The meeting recessed at 11:45 a.m.
The meeting reconvened at 1:30 p.m.
8. COUNTY DITCH #86
The Public Hearing on County Ditch #86, which had been
continued from December 17, 1996, was opened for public comments
by Chairperson Barnes at 1:30 p.m., February 18, 1997. Mr.
Douglas Parrott, Engineer, gave an overview of the project.
Public comments were heard from: Mr. Ervin Kaduce,
Mapleton; Mr. Blaine Phillips, Janesville; Mr. Lawrence Kramer,
Mankato; Mr. Wayne Pestka, St. Clair; Mr. Arvid Wendland,
Attorney representing petitioners for the extension; Mr. Chuck
Peterson, Attorney who drafted the original petition; Mr. Harold
Phillips, Mankato; Mr. Stanley Steele, Mankato and Mr. Dan
Reuter, Mapleton.
Commissioner More moved and Commissioner Tacheny seconded
the motion to continue this hearing to March 11, 1997 at 1:30
p.m. in the Courthouse Boardroom to allow the Engineer to
research more cost effective means for this project.
Chairperson Barnes officially closed the public hearing at
3:00 p.m., February 18, 1997. A recording of this hearing is on
file at the County Administrator's Office, Courthouse, Mankato,
MN. 97-74
9. LEC SPACE STUDY AND
ENVIRONMENTAL SERVICES PICKUP TRUCK BIDS
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 Environmental Services Equipment, with
the following results:
PROJECT: Two (2) 1997, Full Size, One-Half Ton, 4 Wheel Drive Pickups
Bidders: Amount of Bid:
Clements, Mankato, MN $34,110.00
H.C. Johnson, Lake Crystal, MN $30,450.60
Lagers, Mankato, MN $33,106.00
Mankato Ford, Mankato, MN $30,798.00
Snell Motors, Mankato, MN $32,580.00
Monticello Ford, Monticello, MN $31,962.00
Commissioner Bennett moved and Commissioner Landkamer seconded
the motion to accept the low bid of $30,450.60 from H.C. Johnson,
Lake Crystal, MN. The motion carried. 97-75
Commissioner Tacheny moved and Commissioner More seconded
the motion to authorize Mr. Steve Michel to proceed with a
contract with Chadmore Communications, Inc., Las Vegas, Nevada,
to connect to the Blue Earth County Radio Tower. The motion
carried. 97-76
Mr. Michel gave an update on the Space Study. He shared the
information he gathered from Department Heads and staff of the
affected departments which are located in the basement of the
Government Center.
10. RESOLUTION TO AUTHORIZE SALE OF TAX FORFEITED LAND
Mr. Perry Wood, City of Mankato, presented the following
item for the Boards consideration.
Commissioner Landkamer moved and Commissioner Tacheny
seconded the motion to approve the Resolution to authorize the
sale of the following Tax Forfeited Land to the City of Mankato
with the stipulation that if the City chooses to sell the land
the adjoining property owner has first right of refusal:
RESOLUTION OF THE
BOARD OF COMMISSIONERS OF
BLUE EARTH COUNTY
Be it resolved that the County of Blue Earth consents to and
supports the passage of the following special legislation by the
legislature of the State of Minnesota:
Section 1.
Notwithstanding M.S. 282.018, or any other law, the
County of Blue Earth may convey to the City of Mankato,
a Minnesota municipal corporation, the following-described parcel of tax-forfeited real estate, which
said real estate borders upon a public waterway, to-wit, the Minnesota River:
That part of Government Lot 4 in Section 7
Township 108 North Range 26 West, Blue Earth
County, Minnesota, being bounded by the following
described lines:
On the North by the south line of a plat
entitled Mankato City and its westerly
extension; On the South by the north line of
a plat entitled City of Mankato; On the East
by the westerly right of way line of the
abandoned Union Pacific Railroad Company and
on the West by the Minnesota River.
Containing 2.84 acres, more or less.
Section 2.
Any conveyance to the City of Mankato pursuant to this
Act shall be conditioned upon the usage of the subject
real estate by the City of Mankato for public
recreational purposes.
The motion carried. 97-77
12. MN RIVER BASIN JOINT POWERS BOARD
Mr. Steve Hansen, Executive Director, gave an update to the
Board on the MN River Basin Joint Powers Board and the projects
they are working on.
The meeting recessed at 4:15 p.m.
The meeting reconvened at 5:30 p.m. at the Holiday Inn for a
dinner meeting with the Mankato and North Mankato City Councils
and the Nicollet County Board to hear a report on the National
Guard Armory.
Commissioner More moved and Commissioner Landkamer seconded
the motion to adjourn at 9:30 p.m. The motion carried. 97-78
|
|