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

March 24, 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, Commissioner Lin Barnes, County Attorney Ross Arneson and County Administrator David Twa.

1. AGENDA REVIEW
Commissioner Bennett moved and Commissioner Tacheny seconded the motion to approve the amended Agenda to include additional liquor licenses from Mankato Labor Temple, LeHillier Quick Mart and Blue Earth County Ag Society. The motion carried. 98-100

2. COMMISSIONERS’ REPORTS ON COMMITTEES
The Commissioners reported on committees that they have attended since the last Board Meeting.

3. COUNTY DITCHES #35 & JUDICIAL #48
Mr. Jerry Kallheim, Ditch Manager, presented the following items for the Boards consideration.
Commissioner Tacheny moved and Commissioner Landkamer seconded the motion to set the Redetermination of Benefits hearing for County Ditch #35 on April 21, 1998 at 3:30 p.m. in the Boardroom, Courthouse. The motion carried. 98-101
Commissioner Tacheny moved and Commissioner Landkamer seconded the motion to set April 9, 1998 at 8:30 a.m. to accept the petition for Judicial Ditch #48 and appoint Commissioners More, Bennett and Barnes to the Joint Ditch Authority with Brown County representatives. The motion carried. 98-102

5. PLANNING AND ZONING
Mr. Veryl Morrell, Land Use & Natural Resources Administrator; Mr. Bill Goebel, Land Use Specialist and Mr. Scott Salsbury, Land Use Planner; presented the following Planning and Zoning items for the Boards consideration.
Mr. Ken Tews, Carlson Brothers, spoke on behalf of the applicant. Commissioner
Bennett moved and Commissioner Barnes seconded the motion to approve the Conditional Use Permit:

RESOLUTION
GRANTING A CONDITIONAL USE PERMIT
TO OPEN AND OPERATE A GRAVEL MINE AND
OCCASIONAL HOT MIX PLANT
SECTION 21, CAMBRIA TOWNSHIP

WHEREAS, Winton E. Jones owner of the following tract of real estate in the County of Blue Earth to wit:

The Southeast Quarter of the Northeast Quarter in Section 21, Township 109, Range 29

All that part of Government Lot 6 in Section 15, Township 109, Range 29, which lies easterly of a line parallel with the west line of said Government Lot 6 and distant 30 rods easterly therefrom.

The South Half of the Northwest Quarter of the Northwest Quarter, except the West 5.00 acres of the South Half of the Northwest Quarter of the Northwest Quarter of Section 22, Township 109 North, Range 29 West, lying Northeasterly of the Northeasterly right-of-way line of the Chicago and Northwestern Railroad.

The Southwest Quarter of the Northwest Quarter, except 3 acres railroad right-of-way, and the North Half of the Southeast Quarter of the Northwest Quarter in Section 22, Township 109, Range 29.

The East 15 acres of the West 40 acres of Government Lot 2, Township 109, Range 29, which is also described as, that part of Government Lot 2 in Section 22, Township 109, Range 29, which lies between a line parallel with the west line of said Government Lot 2 and distant 50 rods easterly therefrom (which line will be the west line of the tract being described), and a line parallel with the west line of said Government Lot 2 and distant 80 rods easterly therefrom, which line will be the easterly line of the tract being described in this paragraph constituting 15 acres, more or less.

The South Half of the Southeast Quarter of the Northwest Quarter of Section 22, Township 109, Range 29, except railroad right-of-way.

Subject to easements and reservation of mineral rights if any.;

and Carlson Brothers Inc. have applied for a Conditional Use Permit to open and operate a gravel mine and occasional hot mix plant in an Agricultural 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 08-98), 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 March, 1998, following proper notice held a public hearing regarding the request and, following the hearing, adopted a recommendation that the request 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 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 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. That 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 open and operate a gravel mine and occasional hot mix plant in an Agricultural District is granted with the following conditions:

1. The mining operations shall be conducted in compliance with the laws of the State of Minnesota and the Federal Government, especially as related to safety standards, and the Blue Earth County Zoning Ordinance, Section 17, Mineral Extraction.

2. The applicant shall obtain and maintain all air emissions and water quality permits as required by the MPCA.

3. Hours of operation shall be limited to 7:00 AM through 9:00 PM to prevent disturbance noise during normal sleeping hours.

4. Access points from and onto any road or highway shall be clearly indicated, and only those access points shall be utilized. All access points must be approved by the appropriate jurisdictional agency.

5. Trucks used in hauling materials from the site of excavation shall be loaded in such a manner as to minimize spillage onto public roadways. Precautions must be taken to minimize the deposit of dirt and mined materials onto public roads or highways. Any spillage resulting from overloading or from adhering to truck tires shall be removed at regular intervals.

6. The amount of overburden to be removed shall not be in excess of that required to undertake operations in an economical manner. Development toward the final reclamation plan shall be carried on as excavation progresses.

7. Proposed back slopes, graded or back filled areas, or banks shall conform to the approved reclamation plan and shall be covered with sufficient topsoil to provide for re-vegetation. Where ground cover or other planting is indicated on an approved plan, such planting shall be made in areas where excavation is completed and land is not being used for material storage, and shall be as recommended by the SWCD.

8. Upon completion of excavation, all buildings and equipment, shall be removed within six (6) months, unless such buildings and equipment will be used in the reclamation process.

9. Operating procedures will be utilized to control dust and noise so as not to be in conflict with adjoining property owners.

10. Mining operations shall not be conducted closer than fifty (50) feet to the boundary of an adjoining property line, unless the written consent of the adjoining property owner is first secured.

11. Excavating or stockpiling shall 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.

12. A Reclamation Performance Bond or Letter of Credit of $10,000 shall be presented to the County to guarantee that either upon termination of the permit of the operations, the ground surface of the land used shall be restored in conformity with the reclamation plan filed with the mining permit application.

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

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

The motion carried. 98-103

Commissioner Landkamer moved and Commissioner Barnes seconded the motion to set April 21, 1998 at 9:30 a.m. to hear a request from Mr. Larry Minkel to amend the Official Map of the County Land Use Ordinace, rezoning the Northeast Quarter of the Northwest Quarter of Section 10, Beauford Township from Residential to Agriculutral and Conservation.
The motion carried. 98-104
After discussion, Commissioner Landkamer moved and Commissioner Bennett seconded the motion to approve the following Conditional Use Permit after extending the operation time to 9:00 p.m.:

RESOLUTION GRANTING A
CONDITIONAL USE PERMIT TO OPERATE A FARM WINERY
AS A LEVEL II HOME OCCUPATION
SECTION 29, CAMBRIA TOWNSHIP

WHEREAS, Georg and Paula Marti, owners of the following real estate in the County of Blue Earth, Minnesota, to wit:

That part of the Northwest Quarter of the Northwest Quarter of Section 29 and the Northeast Quarter of the Northeast Quarter of Section 30, Cambria Township, Township 109 North, Range 29 West of the Fifth Principal Meridian, Blue Earth County Minnesota, described as follows:

Commencing at the northwest corner of said Section 29; thence on an assumed bearing of North 90 degrees 00 minutes 00 seconds East, along the north line of said Section 29, a distance of 531 feet to the point of beginning of the tract to be described; thence South 90 degrees 00 minutes 00 seconds West, along said north line of Section 29, a distance of 531.00 feet to the northwest corner of said Section 29; thence South 90 degrees 00 minutes 00 seconds West, along the north line of said Section 30, a distance of 12.72 feet; thence South 4 degrees 11 minutes 58 seconds West a distance of 369.44 feet; thence South 0 degrees 59 minutes 59 seconds West a distance of 206.06 feet; thence South 9 degrees 57 minutes 19 seconds East a distance of 319 feet, more or less to shoreline of Morgan Creek; thence northeasterly, along said shoreline, a distance of 691 feet, more or less, to the intersection of a line bearing South 0 degrees 12 minutes 17 seconds West from the point of beginning; thence North 0 degrees 12 minutes 17 seconds East, a distance of 497 feet, more or less, to the point of beginning, containing 10.0 acres, more or less, subject to easements now of record in said county and state. ;

have applied for a Conditional Use Permit to operate a Farm Winery as a Level II Home Occupation 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 10-98 ), 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 March 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 winery conforms with the County Land Use Plan.

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

3. That with proper management, the proposed winery 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 winery.

5. That the proposed winery 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 winery.

8. That facilities are provided to eliminate any traffic congestion or traffic hazard which may result from the proposed winery.

9. That the winery 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 winery 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 to operate a Farm Winery as a Level II Home Occupation in an Agricultural Zoning District, is granted with the following conditions:

1. The applicant provide off road parking spaces for twenty-five vehicles.

2. The parking surface and access drives shall be maintained with a dust free, all weather surface.

3. The overflow parking area used for special events must be located at least 100 feet from Morgan Creek.

4. The applicant shall provide 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.

5. 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 during special events when overflow parking is required.

6. The abandoned well must be sealed by a licensed well contractor by September 1, 1998.
7. The existing well must be reconstructed in accordance with Minnesota Department of Health Rules Chapter 4725.

8. The building design and construction must not include kitchen facilities other than those required specifically for the production of wine.

9. The septic system design plans must be submitted and approved by the Minnesota Department of Health.

10. The applicant must construct and maintain all wine processing areas consistent with accepted sanitary practices and procedures to protect public health.

11. The applicant must obtain permits for all signs before signs are constructed.

12. The dilapidated barn must be removed from the site or demolished and disposed of in accordance with County and State regulations.

13. The applicant must dispose of all solid waste consistent with the County Solid Waste Ordinance, requiring disposal at licensed solid waste disposal facilities.

14. That the hours of operation shall begin no earlier than 8:00 AM and end no later than 9:00 PM.

15. The applicant must submit plans for review by the County, SWCD, and the DNR, for all topographic alterations necessary for parking areas and driveways.

16. The applicant must implement erosion control practices, such as silt fencing or straw bales, before and during construction.

17. The vegetation within 100 feet of Morgan Creek must be left in its natural condition.

18. 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.

19. 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.

20. The Conditional Use Permit shall be effective for a period of five years following County Board approval, until March 24, 2003. The applicant shall make application for review of the permit prior to February 24, 2003.

This resolution shall become effective immediately upon its passage and without publication.
The motion carried. 98-105

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

RESOLUTION GRANTING A
CONDITIONAL USE PERMIT TO CONSTRUCT ONE TOTAL CONFINEMENT SWINE BARN AT AN EXISTING FEEDLOT EXPANDING FROM 360 A.U. TO 720 A.U. LOCATED IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 22, STERLING TOWNSHIP

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

The Southwest Quarter, Section 22, T.105 N. - R.27 W.

has applied for a Conditional Use Permit to construct one total confinement swine barn 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 11-98 ), 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 March, 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 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.

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 Agricultural Zoning District, is granted with the following conditions:
1. That the total confinement barn, conforms with the site plan attached to this report PC 11-98.

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

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 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 11-98.

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 the applicant obtain a financial security, agreed on by the Sterling Township Board, in the amount of 2,500 dollars per Township Road mile, to correct any damages that may occur during construction.

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

The motion carried. 98-106

Commissioner Tacheny moved and Commissioner Bennett seconded the motion to approve the following Conditional Use Permit:

RESOLUTION GRANTING A
CONDITIONAL USE PERMIT TO CONSTRUCT ONE TOTAL CONFINEMENT SWINE BARN CREATING A NEW FEEDLOT OF 384 A.U.
LOCATED IN THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER SECTION 30, BUTTERNUT VALLEY TOWNSHIP

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

Commencing at the Southeast corner of Government Lot 2, Section 30 Township 108 North, Range 29 West, thence North 00 degrees 13' 57" East (assumed bearing) along the East line of Government Lot 2, a distance of 1,483.85 feet, thence North 89 degrees 02' 05" West 890.38 feet, thence South 00 degrees 03' 04" West 1,498.84 feet, the South line of Government Lot 2, thence South 90 degrees 00' 00" East along the South line of Government Lot 2, a distance of 885.57 feet, to the point of beginning.

has applied for a Conditional Use Permit to construct one total confinement swine barn 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 12-98 ), 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 March, 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 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.

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 Agricultural Zoning District, is granted with the following conditions:
1. That the total confinement barn, conforms with the site plan attached to this report PC 12-98.

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

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 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 12-98.

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.

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

The motion carried. 98-107

Commissioner Bennett moved and Commissioner Tacheny seconded the motion to approve the following Conditional Use Permit:

RESOLUTION GRANTING A CONDITIONAL USE PERMIT
TO CONSTRUCT ONE TOTAL CONFINEMENT SWINE BARN
AT AN EXISTING FEEDLOT EXPANDING FROM 841 A.U. TO 1,107 A.U. LOCATED IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, BEAUFORD TOWNSHIP

WHEREAS, Vaubel Farms Inc., owner of the following real estate in the County of Blue Earth, Minnesota, to wit:

West Half of the Northeast Quarter, Section 26, Beauford Township, T106N-R26W,

has applied for a Conditional Use Permit to in 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-13-98 ), 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 March, 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 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.

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 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 13- 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 a Certificate of Compliance before any animals are placed in the barn.

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 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).

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 13-98.

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 barn.

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.

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

The motion carried. 98-108

Commissioner Bennett moved and Commissioner Tacheny seconded the motion to approve the following:

RESOLUTION GRANTING A
CONDITIONAL USE PERMIT TO CONSTRUCT TWO TOTAL CONFINEMENT SWINE BARN RESTOCKING AN ABANDON FEEDLOT FROM 0 A.U. TO 800 A.U.
LOCATED IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER SECTION 35, MANKATO TOWNSHIP

WHEREAS, Jason and Ronald Marzinske., owner of the following real estate in the County of Blue Earth, Minnesota, to wit:

The Northeast Quarter of the Northeast Quarter Section 35, T.108 N. -R.26.W;

has applied for a Conditional Use Permit to construct two total confinement swine barn 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 14-98 ), 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 March, 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 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 two total confinement swine barn in an Agricultural Zoning District, is granted with the following conditions:
1. That the total confinement barn, conforms with the site plan attached to this report PC 14-98.

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

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 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 14-98.

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.

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

The motion carried. 98-109

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

RESOLUTION GRANTING A
CONDITIONAL USE PERMIT TO CONSTRUCT TWO TOTAL CONFINEMENT SWINE BARNS AND A SWINE BARN ADDITION EXPANDING AN EXISTING FEEDLOT FROM 269 A.U. TO 495 A.U.
LOCATED IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER SECTION 09, VERNON CENTER TOWNSHIP

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

Commencing at the Northeast corner of the Southeast Quarter Section 09, T.106 N.- R.28.W; thence South on the North / South Section line 1,305 feet to the point of beginning; thence continuing South on the North / South on the Section line to the center line of County Ditch 78; thence westerly and Northerly along the center thread of said ditch to a point due West of the point of beginning; thence due East to the point of beginning.

has applied for a Conditional Use Permit to construct two total confinement swine barns and a swine barn addition 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 15-98 ), 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 March, 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 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 two total confinement swine barns and a swine barn addition in an Agricultural Zoning District, is granted with the following conditions:
1. That the total confinement barn, conforms with the site plan attached to this report PC 15-98.

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

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 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 15-98.

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.

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

The motion carried. 98-110

Commissioner Tacheny moved and Commissioner Bennett seconded the motion to approve the following:

RESOLUTION GRANTING A
CONDITIONAL USE PERMIT TO CONSTRUCT TWO TOTAL CONFINEMENT SWINE BARNS CREATING A NEW FEEDLOT OF 720 A.U.
LOCATED IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER SECTION 17, DANVILLE TOWNSHIP

WHEREAS, Landsteiner Bros., owner of the following real estate in the County of Blue Earth, Minnesota, to wit:

The Northwest Quarter of the Southeast Quarter Section 17, T.105.N - R.25.W;

has applied for a Conditional Use Permit to construct two total confinement swine barns 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 16-98 ), 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 March, 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 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.

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 swine barns in an Agricultural Zoning District, is granted with the following conditions:
1. That the total confinement barn, conforms with the site plan attached to this report PC 16-98.

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

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 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 16-98.

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.

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

The motion carried. 98-111

3. ADMINISTRATIVE SERVICES

Mr. David Twa, County Administrator, presented the following items for the Boards consideration.
Commissioner Tacheny moved and Commissioner Landkamer seconded the motion to approve the March 10, 1998 Board Minutes. The motion carried. 98-112
Commissioner Landkamer moved and Commissioner Barnes seconded the motion to approve the following Bills:
Bills for Week of March 16-20, 1998
Grand Total $1,435,882.60
Bills for Week of March 23-27, 1998
Grand Total $7,269,754.91
The motion carried. 98-113
Commissioner Barnes moved and Commissioner Landkamer seconded the motion to approve the following Personnel items:
Employment of Bridget Nusser, as a Word Processing Operator II (B21), with a starting salary of $9.73 per hour effective March 30, 1998. (Word Processing)

Employment of Melissa Rider, as a Word Processing Operator II (B21), with a starting salary of $9.73 per hour effective April 20, 1998. (Word Processing)

Authorization to initiate recruitment for a Accounting Coordinator (C41).

The motion carried. 98-114

Commissioner Barnes moved and Commissioner Tacheny seconded the motion to approve the following Combination Application for Retailer’s (On-Sale) (Off-Sale) 3.2 Malt Liquor Licenses and Renewal of Consumption & Display Permits to Last Chance, Route 9, Box 97, South Bend Township and Preri Bach Saloon & Grill, Route 4, Box 37, Cambria Township. A Renewal of Consumption & Display Permit to Minneopa Golf Club, Route 9, Box 133, South Bend Township and to the Mankato Labor Temple, 310 McKenzie, South Bend Township. A Combination Application for Retailer’s (On-Sale) (Off-Sale) 3.2 Malt Liquor License to LB’s Route 2, Box 85, Garden City Township and Blue Earth County Ag Society, 340 Fairground Street, Garden City Township. A Combination Application for Retailer’s (Off-Sale) 3.2 Malt Liquor License to D & R Marketing doing business as LeHillier Quick Mart. The motion carried. 98-115
Commissioner Landkamer moved and Commissioner Bennett seconded the motion to approve a Temporary On-Sale Liquor License to Educare Foundation, Mankato, to hold a wine-tasting at the Mankato Golf Club, Mankato Township, on April 28, 1998. The motion carried. 98-116
The February 28, 1998 Financial Report was presented as an informational item for the Boards review.
Commissioner Landkamer moved and Commissioner Bennett seconded the motion to authorize donation of old County personal computers to public schools, as authorized by MS 471.85 that provides a county may transfer personal property without consideration to another public corporation for public use when authorized by its governing body. The motion carried. 98-117
Commissioner Barnes moved and Commissioner Bennett seconded the motion to approve the following Department of Public Service Resolution for the Johnson Control Project in the Nichols Building:
RESOLVED, that Alvis More, Chairperson, on behalf of Blue Earth County, is hereby authorized to enter into and designated to sign contracts associated with the Institutional Energy Loan Program as authorized by Laws of Minnesota 1988, Chapter 617, Sections 1 and 2 and Laws of Minnesota 1988, Chapter 686, Article 1, Section 38.

BE IT ALSO RESOLVED that Blue Earth County guarantees it will use all loan funds solely for the eligible costs of the approved energy conservation project(s) and assures that it has and will comply with the program provisions of the Institutional Energy Loan Program.

The motion carried. 98-118 (Adjust Budgets Accordingly)

Commissioner Landkamer moved and Commissioner Barnes seconded the motion to approve the following Proclamation:
Whereas competitive sports for youth is helpful in teaching_the principles _of sportsmanship and fair play _to the _students _thereby contributing to better citizenship; and

The Mankato East Girls Basketball Team has won the Section 2AA Title and placed third in the Class AA State Tournament.

The _citizens _of _Blue Earth County wish to congratulate _and recognize these_exciting accomplishments; and

It is appropriate to designate April 6, 1998, as

"Mankato East Girls Basketball Team Day!"

Now, _Therefore, Be It Resolved, by the Blue Earth County Board _of Commissioners that the Mankato East Girls Basketball Team be_congratulated on behalf of the entire County of Blue Earth on their outstanding athletic accomplishments!

Be it further resolved, that April 6, 1998 is hereby proclaimed

"Mankato East Girls Basketball Team Day!"

The motion carried. 98-119
Commissioner Bennett moved and Commissioner Tacheny seconded the motion to approve a tax abatement to Gloria and John Mack, RR 2, Box 56, Pleasant Mound Township, R47-21-29-100-002 K-203345. The motion carried. 98-120
Commissioner Barnes moved and Commissioner Tacheny seconded the motion to begin the process of searching for a Land Records Director and when an Appraiser position opens up to combine the Appraiser position with the Ditch Manager position. The motion carried. Commissioners Landkamer and More voted nay. 98-121

6. PUBLIC WORKS
Mr. Al Forsberg, Public Works Director, presented the following items for the Boards consideration.
Pursuant to publication, bids were received, opened and reviewed for the following public works projects, with the following results:
PROJECT: CSAH #69 - Grading, Base, Bituminous & Bridge #07572
BIDDERS: AMOUNT OF BID:
Mathiowetz Construction Co., Sleepy Eye, MN $544,958.63
CW Scheurer & Sons, Mankato, MN $557,429.50
Southern Minnesota Construction, Mankato, MN $567,547.00
Loveall Construction, Winnebago, MN $579,820.79
M & K Construction, Walnut Grove, MN $631,558.05
Duininck Brothers, Prinsburg, MN $740,487.20

Commissioner Tacheny moved and Commissioner Bennett seconded the motion to accept the low bid of $544,958.63 from Mathiowetz Construction Company, Sleepy Eye, MN. The motion carried. 98-122
EQUIPMENT: Riveted and/or Spiral Metal Culverts
The complete list of prices per foot, connection bands and aprons are on file at the Blue Earth County Administrator’s Office, Courthouse, Mankato, MN.
BIDDERS:
Contech, Shakopee, MN
R & M Sales & Service, Astoria, SD
Metal Culverts, Inc., Albert Lea, MN
Johnston Fargo Culverts, St. Paul, MN

Commissioner Landkamer moved and Commissioner Bennett seconded the motion to accept the bids from all bidders. The motion carried. 98-123
EQUIPMENT: Motor Grader Rental

BIDDER: Peterson Motor Grader Services, Vernon Center, MN

SERVICES: AMOUNT OF BID:

Motor Patrol without Snow Equipment $54.00/Hour
Motor Patrol with Plow & Wing $66.00/Hour
Tandem Axle Truck $42.00/Hour
Tandem Axle Truck w/Plowing Equipment $66.00/Hour
Tandem Axle Truck w/Pub $52.00/Hour

Commissioner Barnes moved and Commissioner Bennett seconded the motion to accept the bid from Peterson Motor Grader Services, Vernon Center, MN. The motion carried. 98-124
EQUIPMENT: Traffic Paint
BIDDERS AMOUNT OF BID:
Traffic Marking, Buffalo, MN $54,090.00
Precision Pavement Marking, Rogers, MN $56,160.00
AAA Striping Service, Rogers, MN $58,710.00
Traffic Safety Services, Fargo, ND $69,000.00
Swanston Equipment Company, Fargo, ND $73,110.00

Commissioner Bennett moved and Commissioner Landkamer seconded the motion to accept the low bid of $54,090.00 from Traffic Marking, Buffalo, MN. The motion carried. 98-125
EQUIPMENT: Bituminous Materials
BIDDER: AMOUNT OF BID:
Koch Materials, St. Paul, MN $190,640.00
Commissioner Barnes moved and Commissioner Tacheny seconded the motion to approve the bid of $190,640.00 from Koch Materials, St. Paul, MN. The motion carried. 98-126
Commissioner Bennett moved and Commissioner Landkamer seconded the motion to approve a cooperative agreement with the Minnesota Department of Natural Resources to authorize the State to reimburse Blue Earth County for the bituminous surfacing and shouldering of the public water access site in Daly County Park. The motion carried. 98-127
Commissioner Tacheny moved and Commissioner Landkamer seconded the motion to approve the following:

RESOLUTION
MINNEOPA TRAIL COOPERATIVE TRAILS
GRANT APPLICATION

WHEREAS, the Minneopa Trail, a bicycle/pedestrian trail connecting Sibley Park and Minneopa Park, would serve as an important link in the regional trail system including the Minnesota River Trail, Sakatah Trail, Red Jacket Trail and South Route Trail; and

WHEREAS, Federal ISTEA enhancement funds in the amount of $350,000 (80% or $243,000 Federal and 20% or $107,000 local matching funds) have been approved for the year 1999; and

WHEREAS, 50% of the match up to $50,000 is eligible for State of Minnesota Cooperative Trail grants program funds and the remaining $57,000 of matching funds would be some combination of MnDot, MnDNR, Mankato and Blue Earth County funds;

NOW THEREFORE, the Blue Earth County Board supports the Minneopa Trail Project and directs the Blue Earth County Public Works Director to apply for a $50,000 Cooperative Trail Grant for the Minneopa Trail ISTEA matching requirement.

The motion carried. 98-128

Commissioner Landkamer moved and Commissioner Barnes seconded the motion to appoint Mr. Al Forsberg, Public Works Director as the contact person for the DM&E Railroad Project. The motion carried. 98-129

7. HUMAN SERVICES
Mr. Dennis McCoy, Deputy County Administrator, presented the following Human Service items for the Boards consideration.
Commissioner Landkamer moved and Commissioner Bennett seconded the motion to approve the following items:
A waivered services contract with S.M.I.L.E.S. to provide services under the CADI (Community Alternatives for Disabled Individuals) program for the period April 1, 1998 through December 31, 1998.

A contract with the State of Minnesota to receive the Self Determination grant in the amount of $127,112 for the period April 1, 1998 through January 31, 2000.

An agreement with MRCI so the Second Step Clubhouse can periodically lease vans from MRCI during calendar year 1998.

The motion carried. 98-130

Mr. Paul Schuster, Chairperson, reported on the March 12, 1998 Human Service Advisory Committee Meeting.
The meeting recessed at 12:07 p.m. for the Annual Zero Use of Sick Leave Luncheon at Good Counsel.
The meeting reconvened at 2:00 p.m.

8. URBAN FRINGE ORDINANCE
Pursuant to publication, a public hearing was held on the proposal to amend the Blue Earth County Land Use Ordinance to establish the Urban Fringe Overlay District. The public hearing was opened for public comments by Chairperson More at 2:00 p.m., March 24, 1998.
Mr. Veryl Morrel, Land Use & Natural Resources Administrator, Mr. Scott Fichtner, Environmental Services Director and Mr. Scott Salsbury, Land Use Specialist, gave an overview of the Urban Fringe Overlay District.
Public comments were heard from: Mr. Warren Smith, Mankato; Mr. Bill Hoehn, Rapidan Township Board Chair; Mr. Chuck Wingert, Mankato Township; Mr. Randy Wells, Rapidan Township; Mr. Tom Roozen, South Bend Township Board Chair; Ms. Dianne & Bob Reuter, Decoria Township; Mr. Karl Friedrichs, Lime Township Board Chair; Mr. Dan Kruse, Decoria Township; Mr. Lyle Femrite, Decoria Township Board Chair; and Mr. Dan Reuter, Mapleton.
After all parties present were given an opportunity to express their concerns and opinions. Chairperson More closed the public comments at 2:50 p.m.
After discussion, Commissioner Bennett moved and Commissioner Tacheny seconded the motion to set the feedlot delineation line at two miles instead of the 2.5 miles. The motion carried. Commissioners Barnes and Landkamer voted nay. 98-131
After discussion, Commissioner Bennett moved and Commissioner Tacheny seconded the motion to approve the Urban Fringe Overlay District:

A RESOLUTION AMENDING THE BLUE EARTH COUNTY
LAND USE ORDINANCE

WHEREAS, hearings were held on December 3, 1997, and February 4, 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 the matter was forwarded to the Board of Commissioners; and

WHEREAS, a hearing was held by the Blue Earth County Board of Commissioners on March 24, 1998.

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 26 ~ URBAN FRINGE OVERLAY DISTRICT (UFD)

0100.2601 PURPOSE.

The purpose of this district is to prevent encroachment of non-farm uses into agricultural lands, and to allow for the orderly conversion of agricultural lands to urban type uses which are serviced by municipal water and sewer systems. Some of the non-farm land uses within the underlying districts are not compatible with, and/or may interfere with, the orderly development of the area for future urban uses if allowed to develop without the limitations imposed by this district. Limiting the intensity of development within the district ensures that development occurs in a fiscally and environmentally responsible manner consistent with future development plans for the area.

Land Use Planning within the district should be a cooperative effort between the County and municipality in order to work towards the most efficient, planned, and cost-effective delivery of government services. Planning within the district must also ensure compatibility of one community's development with the development of neighboring communities or jurisdictions.

The district standards allow for the continuation and maintenance of existing non-farm uses in the district.

0100.2602 URBAN FRINGE DISTRICT USES.

Subpart 1. Permitted Uses. The following uses are permitted within the Urban Fringe District:

A. Single-family dwellings in the Rural Residence and Rural Townsite Districts, provided that the dwelling is located on a lot of record in existence on the effective date of this ordinance.
B. Single-family dwellings in the Conservation and Agricultural Districts at a density of one (1) residence per quarter-quarter section. Transfer of Development Rights and Bonus Lots may be utilized to exceed the permitted housing density of one (1) dwelling per quarter-quarter section (40 acres) providing that the density does not exceed four dwellings per quarter-quarter section in the receiving quarter-quarter section.
C. Agricultural and incidental agricultural related uses in the Rural Residence, Agricultural, and Conservation Districts; including agricultural buildings.
D. Feedlots of 100 animal units or less in the Agricultural District.
E. Flood control and watershed structures.
F. Level I Home Occupations in the Agricultural and Conservation Districts
G. Any permitted use in the General Business, Highway Business, or Light Industrial District provided that the use is located on a lot of record in existence on the effective date of this ordinance.
H. Railroad lines and switching yards.
I. Land spreading of septage and sewage sludge in the Agricultural District as regulated by County and State Standards.

Subp. 2. Conditional Uses. The following uses may be allowed as conditional uses within the Urban Fringe District, subject to the provisions of Section 18 of this Ordinance:

A. Extraction of minerals in the Conservation, Agricultural, and Heavy Industrial Districts, subject to requirements of Section 0100.1701-0100.1708.
B. Any conditional use in the General Business, Highway Business, or Light Industrial District provided that the use is located on a lot of record in existence on the effective date of this ordinance.
C. Buildings owned and operated by a governmental agency for a public purpose.
D. Essential service utility structures or buildings, including broadcasting facilities, antennae and pipelines.
E. Garden nurseries and greenhouses in the Rural Residence, Agricultural, and Conservation Districts.
F. Parks, recreational areas, wildlife areas, game refuges, and forest preserves.
G. Level I Home Occupations in the Rural Residential and Rural Townsite Districts.
H. New feedlots over 100 animal units or the expansion of existing feedlots over 100 animal units in the Agricultural District.
I. Manure storage structures in the Agricultural District.
J. New landfills or expansion of existing landfills.

Subp. 3 Permitted Accessory Uses. Other accessory uses customarily incidental to the permitted and conditional uses listed above, except no accessory buildings shall be allowed within the required front yard.

0100.2603 SETBACK STANDARDS FOR FEEDLOTS

Subpart 1. Feedlot Setback. All new feedlots and the expansion of existing feedlots over 100 animal units must be setback from a municipality’s corporate limits as set forth on the Official Map delineating the boundaries of that municipality’s Urban Fringe Overlay District. Setbacks shall be as delineated on the effective date of the ordinance or as thereafter amended.

0100.2604 HEIGHT, YARD, LOT AREA, WIDTH, DEPTH AND COVERAGE

Subpart 1. General Regulations. All height, yard, lot area, lot width, lot depth and lot coverage regulations shall comply with the requirements of the underlying zoning district.

Subp. 2. County State Aid Highway 90 Front Yard Regulations. There shall be a front yard setback of not less than one hundred (100) feet from the right-of-way line of County State Aid Highway 90.

0100.2605 GENERAL STANDARDS.

The application of the Urban Fringe Overlay District shall comply with the following general standards:

A. Every lot of record or use shall have approved access to a public road or highway. No new use shall be established and no expansion of an existing use shall be permitted if the lot of record does not have access to a public road or highway. All accesses or expansions or modifications to existing accesses in the Urban Fringe Overlay District shall be in accordance with approved transportation plans adopted by the municipality, township, the Minnesota Department of Transportation, or Blue Earth County.
B. Water usage and ability of the site to self-provide for adequate on-site waste water treatment and disposal shall be considered before any permits are granted for expansions of existing development. Permits shall not be granted for any expansion of any development within the Urban Fringe Overlay District if the site's soil, topography, or any other factor prevents the installation of an adequate on-site septic system meeting the requirements of the Blue Earth County Individual Sewage Treatment Ordinance, or if any factor prevents expansion of the existing on-site septic system to meet the Ordinance standards.
C. Re-zoning, dividing, subdividing, or re-subdividing property for the purpose of expanding existing non-farm uses or for developing new non-farm uses shall be prohibited.
D. Nothing within the standards of this district shall be interpreted to allow uses not permitted in an underlying zoning district.
E. Existing uses of land which are not listed as permitted or conditional uses within the Urban Fringe Overlay District shall be considered legally non-conforming and shall comply with Section 0100.1405.
F. If an amendment is requested to the overlay or underlying zoning district, the municipality shall be informed of the request and shall have a thirty (30 ) day comment period to review and respond. The municipality's review and response shall examine whether the amendment is consistent with the goals and objectives of the municipal land use plan, how the request impacts the delivery of municipal services, and how the request impacts the planned capacity of municipal services. Amendments shall not be granted indiscriminately, and shall only be granted when necessary to reflect changes in the goals and policies of the community via agreement between municipality and County as reflected in the County's Comprehensive Development Plan.

0100.0404 DEFINITIONS

Subp. 51. Non-farm uses. Any use which is not an agricultural use as defined in this Chapter or which is not accessory to an agricultural use.

This ordinance shall become effective thirty (30) days after its adoption and publication.

The motion carried. Chairperson More officially closed the public hearing at 3:08 p.m., March 24, 1998. A recording of this hearing is on file at the County Administrator’s Office, Courthouse, Mankato, MN. 98-132
Commissioner Landkamer moved and Commissioner Bennett seconded the motion to adjourn at 3:10 p.m. The motion carried. 98-133

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3-24-98

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