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

March 23, 1999

1. AGENDA REVIEW

The motion carried. 99-94

2. COMMISSIONERS' REPORTS ON COMMITTEES

3. ADMINISTRATIVE SERVICES

Pursuant to publication, bids were received, opened and reviewed for the following real estate property sale:

PARCELS:

Commissioner More moved and Commissioner Barnes seconded the motion to approve the sale of Parcel A in the amount of $1,500.00; Parcel B in the amount of $11,000.00 and Parcel C in the amount of $2,500.00 to Nordaas American Homes .

The motion carried. 99-95

Mr. Scott Fichtner, Environmental Services Director, presented information on cover material for the Ponderosa Landfill. The Tarpomatic, is an automated tarp system that uses a 40-foot wide weighted tarp that is mechanically rolled onto and off the waste each day. The cost to purchase the Tarpomatic system for the tarping machine, brackets to adapt to existing equipment, two complete spool/tarp systems (for the MSW and NRG cells) and training would be approximately $60,000. Minnesota Statutes 400.04 Subd. 3 states that landfill equipment purchases like this are not required to go out for bids. Commissioner Barnes moved and Commissioner More seconded the motion to approve the purchase of the Tarpomatic system.

The motion carried. 99-96 (Adjust Budgets Accordingly)

4. PLANNING AND ZONING

Commissioner McLaughlin moved and Commissioner More seconded the motion to set public hearings to replace Blue Earth County Addressing Guide Title "Guidelines: Street Numbering System For Rural Subdivisions" with a new document titled "Blue Earth County Rural Addressing Ordinance, Chapter 141" to be heard on April 20, 1999, at 9:30 a.m. and a hearing to Amend the Blue Earth County Land Use Ordinance to Regulate Conversions of Common Interest Communities, Resorts, and Other Similar Type Pre-Zoning Ordinance Non-conforming Developments as Conditional Uses on May 25, 1999 at 9:30 a.m. in the Boardroom, Courthouse.

The motion carried. 99-97

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

RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO TRANSFER A DEVELOPMENT RIGHT FROM THE NE 1/4 OF THE SW 1/4, SECTION 18, CAMBRIA TOWNSHIP TO THE SE 1/4 OF THE SW 1/4, SECTION 18, CAMBRIA TOWNSHIP

WHEREAS, Paul Roberts, owner of the following real estate in the County of Blue Earth, Minnesota, to wit:

The Southeast Quarter of the Southwest Quarter less the Mankato and New Ulm public road; also the West Half of the Southwest Quarter of the Southeast Quarter also 10 acres in the Northwest Quarter of the Southeast Quarter more particularly described as follows:

Commencing at the Southwest corner of the Northwest Quarter of the Southeast Quarter of Section 18, running thence East 40 rods; thence North 30 rods; thence northwesterly to a point on the West line of said Northwest Quarter of the Southeast Quarter 50 rods North of the point of beginning; thence South 50 rods to the place of beginning; also the Northeast Quarter of the Southwest Quarter excepting the West 15 rods thereof; also that part of the East Half of the Southwest Quarter of the Southwest Quarter lying West and South of the above mentioned Mankato and New Ulm public road, all in Section 18, Township 109 North, Range 29 West, Blue Earth County, Minnesota.

has applied for a Conditional Use Permit to Transfer Development Rights from the Northeast Quarter of the Southwest Quarter, Section 18, Cambria Township to the Southeast Quarter of the Southwest Quarter Section 18, Cambria Township, an Agricultural Zoning District; and

WHEREAS, Richard and Diana Ubel, owners of the following real estate in the County of Blue Earth, Minnesota, to wit:

The West Half of the Northwest Quarter (W _ of NW _) of Section Eighteen (18), subject to Highway No. 83 over and across said tract; the South Twenty-seven (27) acres of the Southwest Quarter of the Southwest Quarter (SW _ of SW _) of Section Seven (7) South of right of way of the Chicago and Northwestern Railway Company over and across said tract; the West Fifteen (15) rods of the Northeast Quarter of the Southwest Quarter (NE _ of SW _), and all that part of the West Half of the Southwest Quarter (W _ of SW _) lying and being North of the New Ulm and Mankato highway as located and constructed across said tract, being in Section Eighteen (18), all being in Township One Hundred Nine (109) North of Range Twenty-Nine (29) West. All subject to Highway #83, in Blue Earth County, Minnesota. Also the cattle pass as now located an constructed from Highway #83 North across the Southeast Quarter of Northwest Quarter (SE _ of NW _) and across the Northeast Quarter of the Northwest Quarter (NE _ of NW _) of said Section Eighteen (18) Township One Hundred Nine (109), Range Twenty-nine (29); and

All that part of the Southeast Quarter of the Northwest Quarter (SE _ of NW _) in Section Eighteen (18), Township One Hundred Nine (109) North, Range Twenty-nine (29) West of Fifth Principal Meridian, lying South of Minnesota Trunk Highway #68 as now constructed.

have signed a written agreement transferring residential development rights from the West 15 rods of the Northeast Quarter of the Southwest Quarter of Section 18, Township 109 North, Range 29 West, and

WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC 16-99 ), 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 March, 1999, 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 Transfer of Development Rights conforms with the County Land Use Plan.

2. That the Transfer of Development Rights will not degrade the water quality of the County.

3. That the Transfer of Development Rights will not adversely increase the quantity of water run-off.

4. That soil conditions are adequate to accommodate the Transfer of Development Rights.

5. That the Transfer of Development Rights 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 Transfer of Development Rights 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 Transfer of Development Rights will not impede the normal and orderly development and improvement of surrounding vacant property for predominant uses in the area.

9. That site specific conditions and such other conditions are established as required for the protection of the public's health, safety, morals, and general welfare.

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 applicant must subdivide and record all divisions of land in accordance with the provisions of the County Subdivision Ordinance.

The location of the proposed house must meet all required setbacks, or a variance must be approved for the property.

This resolution shall become effective immediately upon its passage and without publication.

The motion carried. 99-98

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

RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR GRADING AND FILLING GAG'S CAMPER WAY, SECTION 21, SOUTHBEND TOWNSHIP

WHEREAS, Larry Gag, Gag's Camper Way, owner of the following real estate in the County of Blue Earth, Minnesota, to wit:

Commencing at the Northeast corner of the Northeast Quarter of the Northeast Quarter of Section 21, Township 108 North, Range 27 West; thence South (assumed bearing), along East line of the Northeast Quarter of the Northeast Quarter of said Section 21, a distance of 631.40 feet; thence North 87 degrees 36 minutes West, 297.66 feet to the point of beginning of the parcel to be described: thence North 87 degrees 36 minutes West, 230.02 feet; thence North 03 degrees 19 minutes East 582.10 feet to the South Right of Way line of Minnesota Trunk Highway No.169-60; thence North 78 degrees 55 minutes East, along said right of way line 237.50 feet; thence South 03 degrees 19 minutes West, 637.69 feet to the point of beginning.

has applied for a Conditional Use Permit for grading and filling in excess of 50 cubic yards in a Highway Business 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 12-99), 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 March, 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:

That grading and filling in the proposed location does not conflict with the County Land Use Plan.

2. That with proper management grading and filling will not degrade the water quality of the County.

3. That with proper management, grading and filling will not adversely increase the quantity of water run-off.

4. That with proper erosion control measures, the soil conditions are adequate to accommodate grading and filling.

5. That grading and filling does not create a potential pollution hazard.

6. 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.

7. That grading and filling will not impede the normal and orderly development and improvement of surrounding vacant property for the predominant uses in the area.

NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of Commissioners, that the request for a Conditional Use Permit for grading and filling in a Highway Business Zoning District, is granted with the following conditions:

1. Silt fences or straw bales shall be in place to prevent erosion during grading and filling and until erosion control measures are established.

All exposed slopes shall be vegetated and seeded or covered with rock or limestone rip rap within 30 days of completion of grading and filling.

Passed this 23rd day of March 1999.

The motion carried. 99-99

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

RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO CONSTRUCT ONE TOTAL CONFINEMENT SWINE BARN EXPANDING AN EXISTING FEEDLOT FROM 410 A.U. TO 600 A.U. LOCATED IN THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER SECTION 6, LYRA TOWNSHIP

WHEREAS, Peter and Dave Hollerich, owner of the following real estate in the County of Blue Earth, Minnesota, to wit:

That part of the East Half of the Northwest Quarter of Section 06, Lyra Township, T.106.N - R.27.W;

Commencing at the Northwest corner of Section 06; thence due East, along the North line of the Northwest Quarter of Section 06 a distance of 1,360 feet; thence due South, 1,420 feet to the point of beginning; thence North 60 degrees East, 315 feet; thence South 30 degrees East, 1,100 feet; thence South 00 degrees West, 375 feet more or less to a point on the center line of County Road No. 13; thence Northwesterly along said County Road center line, 960 feet more or less to the point of intersection with a line which bears South 00 degrees West from the point of beginning; thence North 00 degrees East, 675 feet to the point of beginning.

Said parcel contains 13.89 acres, subject to an easement for County Road purposes over and across the Southerly boundary; Also subject to any other easements of record.

has applied for a Conditional Use Permit to construct one total confinement swine barn in an C, Conservation Zoning District; and

WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC 15-99 ), 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 March, 1999, 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 C, Conservation 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 one total confinement swine barn in an Conservation Zoning District, is granted with the following conditions:

1. That the total confinement barn, conform with the site plan attached to this report PC 15- 99.

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 a Certificate of Compliance or Interim Permit before any animals are placed in the barn.

4. That the applicant obtain a Blue Earth County Construction Permit before building begins and within one year 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 one year 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 barn.

6. 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).

7. 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 15-99.

8. That the disposal of dead animals be consistent with the Minnesota Board of Animal Health regulations.

9. That the applicant provide an enclosed location for the pick up of dead animals before any animals are placed in the proposed barn.

10. 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.

11. That all manure storage structures must be designed by a registered engineer. A copy of the designed plans must be submitted to Blue Earth County Environmental Services prior to the issuance of a construction permit.

This resolution shall become effective immediately upon its passage and without publication.

The motion carried. 99-100

Pursuant to publication, a public hearing was held to hear a request to amend the Official Zoning Map of Blue Earth County by Re-zoning approximately 24 Acres from A-1, Agricultural Zoned District to R-1, Rural Residential Zoned District, to develop a Ten Lot Residential Subdivision, in the NE 1/4, SE 1/4, Section 33, Jamestown Township. The public hearing was opened for public comments by Chairperson Bennett at 9:50 a.m., March 23, 1999. Public comments were heard from: Mr. Karl Frederick, Ms. Charlotte Frederick, Mr. Tom Dauk, Mr. Andy Dauk, Mr. Harland Frederick, Applicant, and Ms. Mary Westberg.

After discussion, Commissioner Barnes moved and Commissioner McLaughlin seconded the motion to approve the resolution to deny the request:

RESOLUTION DENYING A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF BLUE EARTH COUNTY BY RE-ZONING APPROXIMATELY 24 ACRES FROM A-1, AGRICULTURAL ZONED DISTRICT, TO R-1, RURAL RESIDENTIAL ZONED DISTRICT, TO DEVELOP A TEN LOT RESIDENTIAL SUBDIVISION, IN THE NE1/4, SE1/4, SECTION 33, JAMESTOWN TOWNSHIP

WHEREAS, Harland C. Frederick, owner of the following real estate in the County of Blue Earth, to wit:

All that portion of Government lots 3 and 5 in Section 33, Township 109 Range 25 that lies west of a straight line running from Lake Ballantyne to Gilfillin lake, sometimes called Rice Lake, at an angle of South 45 degrees West through a point 30 rods and 15 links East of the center of said Section 33. EXCEPT that part of Government Lot 5, Section 33, Township 109, Range 25, Blue Earth County, Minnesota, described as follows: Commencing at the East Quarter corner of said Section 33, thence on an assumed bearing of North 89 degrees 18 minutes 52 seconds West along the North line of Government Lot 5, a distance of 3865.20 feet to the point of beginning of the tract to be described; thence South 10 degrees 08 minutes 08 seconds West, a distance of 471 feet; South 61 degrees 51 minutes 52 seconds East a distance of 210 feet; thence South, 09 degrees, 08 minutes, 08 seconds West, a distance of 491 feet to the approximate meander line as established by the DNR survey; thence North 48 degrees 00 minutes West along said meander line a distance of 998.94 feet to a DNR monument inplace; thence North 12 degrees 50 minutes 10 seconds East, a distance of 396.50 feet to said north line of Government Lot 5; thence South 89 degrees 18 minutes 52 seconds East along said North line of Government Lot 5, a distance of 630 feet to the point of beginning. This tract contains 11.5 acres of land and is subject to right-of-way of existing County Road and is subject to any and all easements of record.

Legal description of land being re-zoned
Part of Government Lots 3 and 5 in Section 33, Township 109, Range 25, Blue Earth County, Minnesota, described as follows; Beginning at the center of said Section 33; thence on an assumed bearing of North 89 degrees 56 minutes 17 seconds West along the North line of said Government Lot 5 a distance of 1223.59 feet; thence South 09 degrees 30 minutes 43 seconds West 85.65 feet; thence South 00 degrees 33 minutes 30 seconds East 100.00 feet; thence southeasterly along a tangential curve that is concave to the northeast said curve having a central angle of 64 degrees 41 minutes 45 seconds, a radius length of 400.00 feet, an arc length of 451.66 feet; thence southerly along a non-tangential curve that is concave to the east; said curve having a central angle of 32 degrees 23 minutes 52 seconds; a radius length of 70.00 feet, an arc length of 39.58 feet; said curve having a chord bearing of South 00 degrees 00 minutes 13 seconds East and a chord length of 39.06 feet; thence South 05 degrees 05 minutes 44 seconds West, not tangent to last described curve, 191.76 feet; thence South 54 degrees 19 minutes12 seconds East 344.17 feet; thence North 89 degrees 26 minutes 30 seconds East 273.72 feet; thence North 45 degrees 03 minutes 43 seconds East 1373.42 feet to the East-West One Quarter line of said Section 33; thence North 89 degrees 56 minutes17 seconds West along said quarter line 504.90 feet to the point of beginning. This tract contains 24.65 acres of land and is subject to any and all easements of record;

has requested that approximately 24 acres in the NE1/4, SE1/4, Section 33, Jamestown Township be re-zoned from A-1, Agricultural Zoned District, to R-1, Rural Residential Zoned District, to develop a ten (10) lot residential subdivision; and

WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC 08-99), a copy of said report has been presented to the County Board; and,

WHEREAS, the Planning Commission of the County on the 7th 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 denied with a stipulation that no re-application for a re-zone of the same property for residential purposes be accepted; and,

WHEREAS, the Blue Earth County Board of Commissioners on the 23rd day of March, 1999, following proper notice held a public hearing regarding the request, and following consideration of testimony, voted to deny the requested map amendment; and,

WHEREAS, the Blue Earth County Board of Commissioners finds:

1. The proposed location is an environmentally sensitive area.

Minnesota State Statutes Chapter 394.23 states that the Comprehensive Plan (Land Use Plan) shall be the basis for official controls (zoning ordinances). Since the zoning map is part of the County's Official Controls, any re-zone or amendment must conform to the comprehensive plan adopted by the County. The land use map included in the comprehensive plan designates this area as an agricultural use area. The proposed re-zone to permit construction of a ten lot residential subdivision in an agricultural use area conflicts with the Land Use Plan and violates State Statute.

The proposed re-zone and increased residential density will impact and may lead to the eventual displacement of wildlife in the Gilfillin Lake Wildlife Management Area.

NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of Commissioners, that the request to amend the zoning map of Blue Earth County by re-zoning the portion of Section 33, Jamestown Township described above from A-1, Agricultural Zoned District, to R-1, Rural Residential Zoned District, to develop a ten lot residential subdivision, is hereby denied. Applications for re-zoning of the above referenced property for residential purposes shall not be accepted for one year following the date of denial.

Denied this 23rd Day of March, 1999.

The motion carried. Chairperson Bennett officially closed the public hearing a 10:51 a.m., March 23, 1999. A transcript of this hearing is on file at the County Administrator's Office, Courthouse, Mankato, MN. Commissioner More voted nay. 99-101

Pursuant to publication, a public hearing was held to hear a request to Amend (Replace) Section 24 of the 1977 Blue Earth County Zoning Ordinance (Flood Plains District) with a New Document Titled Blue Earth County Flood Plain Ordinance, Chapter 120. The public hearing was opened for public comments by Chairperson Bennett at 10:52 a.m., March 23, 1999. No public comments were made. After discussion, Commissioner More moved and Commissioner McLaughlin seconded the motion to approve the following:

ORDINANCE REPLACING SECTION 24 OF THE BLUE EARTH COUNTY ZONING ORDINANCE ADOPTED APRIL 12, 1977, AND AMENDED MARCH 5, 1990, WITH A NEW ORDINANCE TITLED BLUE EARTH COUNTY FLOOD PLAIN ORDINANCE, CHAPTER 120

WHEREAS, On November 13, 1996 Blue Earth County was presented with a Preliminary Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). The study indicated that it was appropriate to revise the elevation of the flood having a 1% chance of occurrence in any given year (100 year flood) for certain locations within Blue Earth County; and

WHEREAS, On July 10, 1998 the County was notified by the Federal Emergency Management Agency (FEMA) of proposed modified flood elevation determinations affecting the Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) for the unincorporated areas of Blue Earth County, Minnesota. The preliminary determinations were published in the Federal Register. A 90 day appeal period was initiated on July 24, 1998 when FEMA published a notice of the proposed Base (1% annual chance) Flood Elevations for the county in the County's Official Newspaper, the Mankato Free Press. No comments were returned to FEMA; and,

WHEREAS, a Letter dated January 29, 1999, written and signed by Leo Getsfried, Minnesota Department of Natural Resources Area Hydrologist, states that Draft #4, dated January 27, 1999, to be modified based on discussions in his office, will be in full compliance with the state regulations for the management of floodplain areas; and

WHEREAS, the recommended changes were made to draft #4, dated January 27, 1999; and,

WHEREAS, the Planning Agency of the County has completed a review of the proposed Flood Plain Ordinance and made a report pertaining to said request, a copy of said report has been presented to the County Board; and,

WHEREAS, the Planning Commission of the County on the 7th Day of February, 1999, following proper notice held a public hearing regarding the ordinance, and, following the hearing, adopted a recommendation that the Ordinance be approved; and,

WHEREAS, the Blue Earth County Board of Commissioners on the 23rd day of March , 1999, following proper notice held a public hearing regarding the request, and following consideration of testimony, voted to approve the Blue Earth County Flood Plain Ordinance, Chapter 120; and,

WHEREAS, the Blue Earth County Board of Commissioners finds:

1. The basic purpose of zoning ordinances is to protect the health, safety, and welfare of the general public.

2. The flood hazard areas of Blue Earth County, Minnesota, are subject to periodic inundation which results in potential loss of life, loss of property, health and safety hazards, disruption of commerce and government services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

3. Through Minnesota Statutes Chapter 103F.101, The Floodplain Management Act, and Minnesota Statutes 394, commonly known as the County Planning and Zoning Enabling Legislation, the legislature of the State of Minnesota has delegated authority and responsibility to local government units to adopt regulations designed to minimize flood losses. The Floodplain Ordinance of Blue Earth County is adopted pursuant to that authority.

4. The Blue Earth County Flood Plain Ordinance Chapter 120 meets the mandates of FEMA and the Minnesota Department of Natural Resources for floodplain management and sets forth the minimum requirements to protect the public health, safety, and welfare.

NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of Commissioners, that the ordinance titled Blue Earth County Flood Plain Ordinance, Chapter 120, dated July 21, 1999, is hereby adopted .

This Ordinance shall become effective July 21, 1999, after its passage and publication.

Passed this 23rd Day of March, 1999.

The motion carried. Chairperson Bennett officially closed the public hearing at 11:02 a.m., March 23, 1999. A transcript of this hearing is on file at the County Administrator's Office, Courthouse, Mankato, MN. 99-102

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

RESOLUTION OF THE BLUE EARTH COUNTY BOARD OF COMMISSIONERS ON BEHALF OF THE SOUTH CENTRAL MINNESOTA COUNTIES COMPREHENSIVE WATER PLANNING PROJECT JOINT POWERS BOARD

BE IT RESOLVED by the Blue Earth County Board of Commissioners that the County enter into the attached Grant Agreement Amendment with the Minnesota Pollution Control Agency (MPCA) to amend the existing Grant Agreement between the County and the MPCA for the Blue Earth River Basin Implementation Framework - Watonwan Project (#1943).

BE IT FURTHER RESOLVED by the Blue Earth County Board of Commissioners that the Chairperson, Al Bennett, be authorized to execute the attached Grant Agreement Amendment for the above mentioned project on behalf of Blue Earth County.

WHEREUPON the above resolution was adopted at a regular meeting of the County Board of Commissioners this 23rd day of March 1999.

The motion carried. 99-103

5. PUBLIC WORKS/COUNTY ROAD #3 ASSESSMENT HEARING

Pursuant to publication, a public Assessment Hearing was held for Improvements on CSAH #3. The public hearing was opened for public comments by Chairperson Bennett at 11:05 a.m., March 23, 1999. Mr. Ken Saffert, City of Mankato Engineer, and Mr. Al Forsberg, Public Works Director, gave an overview of the project. No public comments were made.

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

RESOLUTION ORDERING IMPROVEMENT NO. 91055, WITHOUT PETITION, AND APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS C.S.A.H. #3 URBAN BENEFIT ASSESSMENT

WHEREAS, a hearing was duly held in the City of Mankato, Blue Earth County, Minnesota, for the following proposed public Improvement, Project No. 91055, to-wit:

Construction of storm drainage, curb and gutter, and concrete pavement on Thompson Ravine Road (County State Aid Highway #3) from Trunk Highway #14 to 350 feet east of Excel Drive

WHEREAS, all property owners whose property is liable to be assessed for the making of this improvement were given ten days published notice of said public hearing through two weekly publications of the notice and ten days mailed notice, as required by law, and the hearing thereon was held and property owners were heard thereon March 23, 1999, and,

WHEREAS, a preliminary report has been submitted by the County Engineer of Blue Earth County, Minnesota, as to its feasibility and estimated cost.

NOW, THEREFORE, BE IT RESOLVED by the Blue Earth County Board:

1. That the above described improvements are hereby ordered as proposed and as described in said notice of hearing.

2. That the plans and specifications prepared by the County Engineer of Blue Earth County, Minnesota for such improvement, pursuant to the direction of the Board, are hereby approved and a copy shall be filed with the Administrator of Blue Earth County, Minnesota.

3. The County Engineer is hereby instructed to advertise for bids in accordance with the requirements of law.

This resolution shall become effective upon its adoption and then ten days after publication.

The motion carried. Chairperson Bennett closed the public hearing at 11:12 a.m., March 23, 1999. A transcript of this hearing is on file at the County Administrator's Office, Courthouse, Mankato, MN. 99-104

Pursuant to publication, bids were received, opened and reviewed for the following public works projects, with the following results:

PROJECT: CSAH #3

Commissioner Barnes moved and Commissioner McLaughlin seconded the motion to accept the low bid of $3,750,745.93 from Southern Minnesota Construction, Mankato, MN.

The motion carried. 99-105

PROJECT: CSAH #3 Landscaping

Commissioner McLaughlin moved and Commissioner Barnes seconded the motion to accept the low bid of $70,160.00 from Woyda & Mortel, Rosemount, MN.

The motion carried. 99-106

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

UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS that the County of Blue Earth, hereinafter called "Grantor", in consideration of the sum of $1.00 to them in hand paid by the City of Lake Crystal, a corporation duly organized and existing under the laws of the State of Minnesota, the receipt whereof is hereby acknowledged, do here-by grant unto said City, its successors and assigns, hereinafter called "Grantee", the right, privilege, and easement to construct, operate, and maintain an electric transmission line across the following described land situated in the County of Blue Earth and State of Minnesota, to wit:

A 16.00-foot wide easement for electric line purposes across the North 198.00 feet of the East 16.00 feet of the West 224.00 feet of the Northwest Quarter of the Northwest Quarter of the Southeast Quarter of Section 05, Township 107 North, Range 28 West, Blue Earth County, Minnesota, the South 55.00 feet of said easement for overhead electric line purposes and the North 143.00 feet for underground electric line purposes.

Said transmission line and every part thereof where it crosses said land shall be confined to the land described.

The grant of easement herein contained shall include the right to enter upon the property of Grantor described in Paragraph 1 hereof to survey, construct, operate, control, maintain, and use said transmission line, and to rebuild the same (provided no substantial alterations are made therein which materially increase the burden of the servitude hereby imposed on the land).

The Grantor reserves the right to use and occupy said land except that he shall not erect any structure and the Grantor further agrees that he will not perform any act which will interfere with or endanger said transmission line or the use thereof. The Grantee shall pay for all damages caused by the construction or maintenance of said transmission line. Claims on account of such damage may be referred to Grantees nearest office.

The grant of easement herein contained is subject to existing rights-of-way for highway and roads, heretofore granted across any part of the above-described land.

The motion carried. 99-107

Commissioner McLaughlin moved and Commissioner More seconded the motion to approve the final payment to Mathiowetz Construction Company, Sleepy Eye, MN for improvements on CSAH #20 (1298011201).

The motion carried. 99-108

6. HUMAN SERVICES

Commissioner More moved and Commissioner McLaughlin seconded the motion to approve the following Human Service items:

Board approval of an agreement with Country Neighbors Inc. of Lake Crystal to provide Medicaid Waivered Services for the period April 1, 1999, through September 30, 1999.

Approval of a host-county contract with Addiction Recovery Technologies of Mankato to provide services under the Consolidated Chemical Dependency Treatment Fund for the period January 1, 1999, through December 31, 1999.

Approval to pursue development of a cooperative agreement with Freeborn and Sibley Counties to jointly submit a request for additional Home- and Community-Based Waivered Service slots.

A host county agreement with Lutheran Social Services to provide foster care services to children and adolescents during calendar year 1999.

The motion carried. 99-109

Mr. Paul Schuster, Advisory Committee Chairperson, gave an update to the Board on the March 11, 1999 Human Service Advisory Committee meeting.

The meeting recessed at 12:00 p.m.

The meeting reconvened at 1:30 p.m.

7. COUNTY DITCH #25

Officials present included County Administrator David Twa, Land Records Director Sandra King, County Attorney Ross Arneson, Ditch Manager Craig Austinson, and Engineer Chad Surprenant. A listing of others present is included as part of the record. The proceedings were tape-recorded.

Mr. John Peterson, Attorney for the Petitioners, made comments on the project.

Mrs. Sandra King, Land Records Director, verified that all Jurisdictional Documents and Notices are in order.

The Drainage Authority consulted with Mr. Ross Arneson, County Attorney, about the sufficiency of Petition and Bond. (M.S. 103E.238) The Drainage Authority then determined that the Petition and Bond do meet the legal requirements of M.S. 103E.202. (M.S. 103E.261, Subd. 3(a))

The engineer made a presentation and provided a written report.

The DNR Commissioner's Advisory Report has not yet been received, despite notice being sent.

All parties present were given an opportunity to express their concerns and opinions. Public Comments were heard from: Mr. Ralph Ireland, Mr. Dan Ireland, Mr. Nick Severson, Mr. Albert Juliar, Mr. Dan Kruse, and Mr. Ronald Kruse.

After discussion, Commissioner Barnes moved and Commissioner McLaughlin seconded the motion to continue the preliminary hearing on May 25, 1999 at 2:30 p.m. to explore these other options.

The options consist of:

Enhancing the wetland area with assistance from the NRCS
Feasibility of a pump on the Albert Juliar land
Option as presented in the preliminary Report, main line sized to provide adequate drainage and depth for entire 220-acre area.

The meeting adjourned at 2:40 p.m., March 23, 1999.

The motion carried. 99-110

8. JOINT DITCH #7

Officials present included County Administrator David Twa, Land Records Director Sandra King, County Attorney Ross Arneson, Ditch Manager Craig Austinson, and Engineer Chad Surprenant. A listing of others present is included as part of the record. The proceedings were tape-recorded.

Mr. John Peterson, Attorney for the Petitioners, made comments on the project.

Mrs. Sandra King Land Records Director, verified that all Jurisdictional Documents and Notices are in order.

The Drainage Authority consulted with Mr. Ross Arneson, County Attorney, about the sufficiency of Petition and Bond. (M.S. 103E.238) The Drainage Authority then determined that the Petition and Bond do meet the legal requirements of M.S. 103E.202. (M.S. 103E.261, Subd. 3(a))

The engineer made a presentation and provided a written report.

The DNR Commissioner's Advisory Report has not yet been received, despite notice being sent.

All parties present were given an opportunity to express their concerns and opinions. Public Comments were heard from: Mr. Loren Bergeman and Mr. Albert Teigum.

The Drainage Authority finds (M.S. 103E.261, Subd. 5(a)):

The proposed drainage is feasible.
There is necessity for the proposed drainage project.
The proposed drainage project will be of public benefit and promote the public health after considering the environmental and land use criteria in Section 103E.015, Subd. 1.
The outlet is adequate.

Commissioner Durheim moved and Commissioner More seconded the motion to appoint I & S Engineers & Architects to make a detailed survey with plans and specifications for the proposed drainage project and submit a detailed survey to the Drainage Authority as soon as possible. (M.S. 103 E.265, Subd. 1).

Commissioner Barnes moved and Commissioner More seconded the motion to appoint the following viewers: Mr. Obert Haldorson, Mr. Thomas Behrends, and Mr. Lowell Ross. Chairperson Bennett closed the public hearing at 3:15 p.m.

The motion carried. 99-111

Commissioner Durheim moved and Commissioner More seconded the motion to the following resolution:

RESOLUTION OF JOINT DITCH AUTHORITY OF BLUE EARTH COUNTY, AND OWATONWAN COUNTY

WHEREAS, from time to time each County has been requested to authorize repairs on that portion of joint ditches within their individual county, and

WHEREAS, it is often time consuming and expensive to call a meeting of the Joint Ditch Authority to authorize these small repairs, and

WHEREAS, both Counties wish to expedite the repairs of the joint ditches in as quick and cost effective method as possible,

NOW THEREFORE, BE IT RESOLVED, that the JOINT DITCH AUTHORITY OF BLUE EARTH COUNTY and WATONWAN COUNTY hereby authorizes the ditch authority in each county to make repairs to that portion of each of the joint ditches within their jurisdiction in an annual amount not to exceed $5,000 per occurrence and $20,000 per ditch per calendar year. Each County shall notify the other County's Ditch Authority, by letter, of such repairs authorized and the cost of such repairs, as soon thereafter as the repair work has been authorized. Repairs in excess of $5,000 per occurrence and $20,000 per ditch per calendar year shall not be made without the authorization of a majority of the Joint Ditch Authority after due notice and a meeting of the Joint Ditch Authority.

3. ADMINISTRATIVE SERVICES

Commissioner Barnes moved and Commissioner More seconded the motion to approve the March 23, 1999 Board Minutes.

The motion carried. 99-112

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

Bills for the Week of March 15-19, 1999

The motion carried. 99-113

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

Resignation of DeeAnn Nelson, Child Support Case Aide (B22) effective March 19, 1999. (Human Services)

Authorization to initiate recruitment for a Child Support Case Aide (B22). (Human Services)

Authorization to initiate recruitment for a Medium Equipment Operator (B22). (Highway)

Employment of Tina Dohrer, Clerk II/Mail Clerk (A13), with a starting salary of $9.10 per hour effective March 24, 1999. (Physical Plant)

Employment of Hans Holland, Administrative Supervisor (C41), with a starting salary of $16.69 per hour effective March 29, 1999. (Court Administration)

The motion carried. 99-114

Commissioner More moved and Commissioner McLaughlin seconded the motion to approve a Minnesota Lawful Gambling Application for Exempt Permit to the Hospice Family Fundraisers to hold a rescheduled raffle at the Mankato Golf Club, Mankato Township on May 8, 1999.

The motion carried. 99-115

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

APPROVING THE ISSUANCE OF LEASE REVENUE NOTE, SERIES 1999 BY THE ALL SEASONS ARENA BOARD

WHEREAS, Blue Earth County is a member of the All Seasons Arena Board, a joint powers board of Minnesota governmental units established pursuant to Minnesota Statutes, Section 471.59 and a joint powers agreement (the "Joint Powers Board"), which owns and operates the All Seasons Arena adjacent to the campus of Minnesota State University, Mankato (the University") in the City of Mankato; and

WHEREAS, the University has a critical need for additional ice time, and Olympic size ice sheet and locker, office and training room facilities for its men's and women's ice hockey teams, and the Joint Powers Board desires to assist the University by acquiring and constructing an addition to the Arena consisting of a second, Olympic size ice sheet, and other facilities requested by the University (the "Project"); and

WHEREAS, the State of Minnesota, Minnesota State Colleges and Universities, will enter into a Lease Agreement with the Joint Powers Board on behalf of the University (the "Lease") with respect to the Project, pursuant to which the Project will be leased to the University and the University will make payments sufficient to pay when due the principal of and interest on the Note authorized hereby, subject to the University's right to terminate the Lease at the end of any fiscal year; and

WHEREAS, to provide funds for the acquisition and construction of the Project, the Joint Powers Board will issue its $1,450,000 All Seasons Arena Board Lease Revenue Note, Series 1999 (the "Note"), pursuant to Minnesota Statutes, Sections 471.15 to 471.191 and 471.59, as amended, and

WHEREAS, the Note will be issued by the Joint Power Board on behalf of the governmental units that are members of the Joint Powers Board, but the Note shall not constitute or give rise to a charge against the general credit or properties or taxing powers of the Joint Powers Board or any member thereof and shall not grant to the owner of the Note any right to have the Joint Powers Board or any member thereof levy any taxes or appropriate any funds for the payment of the principal thereof or interest thereon, nor is the Note a general obligation or a pecuniary liability of the Joint Powers Board or any member thereof or the individual officers or agents of the Joint Powers Board or any member thereof, and the Note shall not constitute an indebtedness of the Joint Powers Board or any member thereof, within the meaning of any state constitutional provision or statutory limitation, but the Note and interest thereon will be payable solely from Lease Payments to be paid by the University pursuant to the Lease, or other moneys held in a Fund or account appropriated to the payment of the Note; and

WHEREAS, Minnesota Statutes, Section 471.59, Subdivision 11 (a) requires that the issuance of bonds or other obligations by the Joint Powers Board be authorized by action of the governing body of each of the governmental units comprising the Joint Powers Board;

NOW, THEREFORE, BE IT RESOLVED, by the governing body of Blue Earth County, Minnesota, that the undertaking and financing of the Project by the Joint Powers Board and the issuance of the Note be authorized for all purposes under Minnesota Statutes, Sections 471.15 to 471.191 and 471.59, as amend.

The motion carried. 99-116

The January 31, 1999 Financial Status Report was presented to the Board as an informational item.

Commissioner Barnes moved and Commissioner More seconded the motion to approve Combination Retailer's On-Sale/Off-Sale Malt Liquor Licenses and Renewal of Consumption & Display Permits to Larry Blachowske d/b/a L.B.'s, Garden City Township; Beverly Hanson d/b/a Last Chance, South Bend Township, continguent on receiving their Liquor Liability Insurance Certificate; Kyle Bohks d/b/a Minneopa Golf Club, South Bend Township (On-Sale only) and a Off-Sale Malt Liquor License to Donald Olsen, d/b/a LeHillier Quick Mart, South Bend Township.

The motion carried. 99-117

The motion carried. 99-118

Commissioner McLaughlin moved and Commissioner More seconded the motion to re-establish the 911 Planning Committee and appoint the Service Bureau committee members and a representative from the Highway Patrol to the committee.

The motion carried. 99-119

Commissioner Barnes moved and Commissioner More seconded the motion to adjourn the Board Meeting at 3:40 p.m.

The motion carried. 99-120