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OFFICIAL PROCEEDINGS OF THE BOARD OF COMMISSIONERS
BLUE EARTH COUNTY, MINNESOTA
July 18, 1995
The County Board of Commissioners met in the Commissioners'
Room at 9:00 a.m. Present were Chairperson Leon Tacheny,
Commissioner Colleen Landkamer, Commissioner Lin Barnes,
Commissioner Al Bennett, Commissioner Alvis More, County Attorney
Ross Arneson and County Administrator David Twa.
Commissioner Bennett moved and Commissioner More seconded the
motion to approve the amended Agenda. The motion carried. 95-261
The Commissioners reported on meetings they have attended
since the last Board meeting.
Ms. Sandra Hooker, Chairperson of the Township Officers,
requested the Board to consider sponsoring a township delegate to
the National Township Conference in Washington DC.
Commissioner More moved and Commissioner Bennett seconded the
motion to sponsor a Blue Earth County Delegate in the amount of
$600. The motion carried. (Adjust Budgets Accordingly) 95-262
Commissioner Landkamer moved and Commissioner Barnes seconded
the motion to approve the July 11, 1995 Board Minutes. The motion
carried. 95-263
Commissioner Barnes moved and Commissioner Bennett seconded
the motion to approve the following Bills:
Bills for the week of July 17-21, 1995
Grand Total $7,677,905.07
The motion carried. 95-264
Commissioner Landkamer moved and Commissioner Barnes seconded
the motion to approve the following Personnel items:
Employment of Randy Baker, as a Social Worker (Mental
Health Case Manager) (C42), with a starting salary of
$14.20 per hour effective August 7, 1995. (Human
Services)
Extension of probation of Kurt Konz, Part-Time Dispatcher
(B23), from August 21, 1995 to November 21, 1995.
(Sheriff's)
Extension of probation of Michael Farren, Part-Time
Dispatcher (B23), from August 21, 1995 to November 21,
1995. (Sheriff's)
Extension of probation of Deanna Dunphy, Part-Time
Dispatcher (B23), from August 21, 1995 to November 21,
1995. (Sheriff's)
The motion carried. 95-265
Commissioner Landkamer moved and Commissioner More seconded
the motion to approve the Minnesota River Valley Drug Task Force
Contract:
RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
BE IT RESOLVED, that Blue Earth County enter into a
cooperative agreement with the Office of Drug Policy and
Violence Prevention in the Minnesota Department of Public
Safety for the project entitled Minnesota River Valley
Drug Task Force during the period from January 1, 1996
through December 31, 1996.
Bradley Peterson, Blue Earth County Sheriff, is hereby
authorized to execute such agreements and amendments as
are necessary to implement the project on behalf of Blue
Earth County.
The motion carried. 95-266
Mr. David Twa, County Administrator, presented the June
Financial Report as an informational item.
The Board denied a request to assist in funding maintenance of
the St. John's Cemetery, St. Clair, MN, and requested the County
Administrator send a letter that the County could not provide
financial support.
Mr. John Walzer, Odor Guard, Mankato, spoke about products
available to help with the odor of hog operations. Ms. Katie
Wortel, Mankato, and Ms. Alice Meier, Pleasant Mound Township,
asked Mr. Walzer questions.
Mr. Richard Hanna, Land Use & Natural Resources Administrator,
and Ms. Julie Conrad, Land Use & Natural Resources Planner,
presented the following Planning and Zoning items for the Boards
consideration.
Mr. Bruce Stanton, Lyra Township, discussed his request for a
Conditional Use Permit; his request will be put on hold until
further investigation.
The next item was a request from Alfred and Alan Loeffler,
Lime Township, for rezoning from C-1, Conservation, to I-2 Heavy
Industrial, a forty acre area located in part of the North Half of
Section 30, Lime Township. The following people spoke against the
request: Ms. Mary Ann Baker, Mankato, Mr. Richard Bearling,
Hubbard Milling, Ms. Peggy Draheim, Mankato, Mr. Greg Henry,
Mankato and Mr. Bill Busch, Mankato. Mr. Alan Loeffler, applicant,
spoke in support of the request.
After discussion Commissioner Bennett moved and Commissioner
More seconded the motion to deny the request; after further
discussion Commissioners Bennett and More withdrew their motion.
Commissioner Barnes moved and Commissioner Landkamer seconded the
motion to table the request to the September 26, 1995 Board
Meeting. The motion carried. 95-267
Commissioner Landkamer moved and Commissioner Barnes seconded
the motion to table and take no action on feedlot permits until
the lawsuit against the Feedlot Ordinance is settled.
Commissioners Landkamer and Barnes withdrew their motion. After
further discussion by the Board and the public, Commissioner
Landkamer moved and Commissioner Barnes seconded the motion to
table all feedlot permits until the August 1, 1995 Board Meeting.
The motion carried. 95-268
The following public spoke: Mr. Loren Sohre, Decoria
Township; Ms. Corrine Hammarschmidt, Mapleton; Mr. Dan Fitzsimmons,
President of the Pork Producers; Ms. Katie Wortel, Mankato
Township; Mr. Karl Duncanson, Lyra Township; Mr. Mike Anderson,
Medo Township; Mr. John Brindley, Good Thunder; Ms. Lori Stenzel,
Mapleton; Ms Alice Meier, Pleasant Mound Township; Ms. Diane Ruedy
Decoria Township; Mr. Wayne Dodge, Mankato; Mr. Dean Sohre, Good
Thunder; and Ms. Connie Larson, Decoria Township.
Commissioner Landkamer moved and Commissioner Barnes seconded
the motion to continue the request to establish a new feedlot to
Mr. Karl Duncanson, Lyra Township to the August 1, 1995 Board
Meeting. Mr. Duncanson agreed to the continuance. The motion
carried. 95-269
Commissioner Barnes moved and Commissioner Bennett seconded
the motion to continue the request to expand an existing feedlot,
located in the Southeast Quarter of the Northeast Quarter of
Section 30, to Mr. Dennis Arduser, Ceresco Township to the August
1, 1995 Board Meeting. The motion carried. 95-270
Commissioner Barnes moved and Commissioner Landkamer seconded
the motion to continue the request to expand an existing poultry
feedlot, located in the Northwest Quarter of the Northwest Quarter
of Section 14, to Mr. Orval Gartner, Mapleton Township, to the
August 1, 1995 Board meeting. The motion carried. 95-271
Commissioner Landkamer moved and Commissioner More seconded
the motion to continue the request to expand an existing total
confinement hog facility, located in the Northwest Quarter of
Section 13, to Mr. Roger Hubmer, Decoria Township, to the August 1,
1995 Board meeting. The motion carried. 95-272
After discussion and comments heard from Ms. Katie Wortel,
Mankato and Mr. Dave Gosewisch, Good Thunder, Commissioner Bennett
moved and Commissioner More seconded the motion to approve the
following conditional use permit. The applicant withdrew the CO-
39-95 application for the Section 30, Decoria Township site:
RESOLUTION GRANTING A CONDITIONAL USE PERMIT
CONSTRUCTION OF A TOTAL CONFINEMENT HOG OPERATION
SECTION 19, BEAUFORD TOWNSHIP
WHEREAS, Dean Sohre, owner of the following real estate in the
County of Blue Earth, Minnesota, to wit:
East Half of the Northwest Quarter Section 19, Beauford
Township, T106N-R26W,
has applied for a Conditional Use Permit to construct a total
confinement hog operation in an A-1, Prime 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 (CO 37-95 ), a copy of said report has been presented to
the County Board; and
WHEREAS, the Planning Commission of the County on the 11th day
of July, 1995, 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. The Conditional Use will not be injurious to the use and
enjoyment of other uses already permitted in the area.
2. Expansion of the Conditional Use will not impede the
normal and orderly development and improvement of
surrounding vacant property for the predominant uses in
the area.
3. Adequate utilities, access roads, drainage and other
necessary facilities have been or will be provided.
4. Adequate measures will be taken to provide sufficient off
road parking and loading space to serve the proposed use.
5. Soil conditions are adequate to accommodate the proposed
use.
6. Proper facilities will be provided which will eliminate
any traffic congestion or traffic hazard which may result
from the proposed use.
7. The proposed use is not greater than the intensity
characteristics allowed in the A-1, Prime Agriculture
Zoning District.
8. The proposed use is consistent with the County Land Use
Plan.
NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board
of Commissioners, that the request for a Conditional Use Permit to
construct a total confinement hog operation, in an A-1 Zoning
District, is granted with the following conditions:
1. The confinement buildings conform with the site plan
attached to this report.
2. All required permits are obtained as shown in Attachment
A-4, Structural Setbacks and Required Permits.
3. A Blue Earth County Certificate of Compliance is issued
before a construction permit is issued for the three
total confinement barns.
4. A Blue Earth County construction permit is issued before
building begins.
5. A minimum of one footing tile inspection pipe is included
in the building design and construction of each concrete
pit. MPCA requires that drain tile should be located at
least one (1) foot deeper than the pit bottom.
6. The three proposed structures have the required setbacks
as shown in Attachment A-4, Structural Setback Distances
and Required Permits.
7. The land application of manure be on the land described
and complies with standards set forth in Attachment A-1,
Manure Management Summary, and Attachment A-5, Manure
Application Setbacks.
8. The applicant complies with the Blue Earth County
Livestock Manure Management Ordinance, effective January
4, 1995.
9. The disposal of dead animals shall be consistent with the
Minnesota Board of Animal Health regulations.
10. Adequate measures will be taken to prevent or control
offensive odor, fumes, dust, noise, or vibrations so that
none of these will constitute a nuisance.
The motion carried. 95-273
Commissioner Barnes moved and Commissioner More seconded the
motion to continue the request to expand an existing feedlot to Mr.
John Brindley, Rapidan Township, to the August 1, 1995 Board
meeting. Mr. Brindley agreed to the continuance. The motion
carried. 95-274
Commissioner More moved and Commissioner Bennett seconded the
motion to approve the following Final Plat:
A RESOLUTION
APPROVING FINAL PLAT
FREDERICKS SECOND ADDITION
JAMESTOWN TOWNSHIP
WHEREAS, the owner of the property included in the plat of
Fredericks Second Addition has submitted a final plat for approval;
and,
WHEREAS, the final plat was reviewed by the Blue Earth County
Planning Commission on the 5th day of July, 1995, and found to be
in conformance with the approved preliminary plat; and,
WHEREAS, the final plat meets the requirements of the Blue
Earth County Subdivision Ordinance.
NOW, THEREFORE, BE IT RESOLVED, that the Blue Earth County
Board of Commissioners hereby approve the final plat of Fredericks
Second Addition, and authorizes the Chair of the Board of
Commissioners and the County Administrator to sign said plat.
This resolution shall become effective immediately upon its
passage and without publication.
The motion carried. 95-275
Commissioner More moved and Commissioner Bennett seconded the
motion to approve the following:
A RESOLUTION
APPROVING FINAL PLAT
EDGEWOOD ESTATES SUBDIVISION
DECORIA TOWNSHIP
WHEREAS, the owners of the property included in the plat of
Edgewood Estates Subdivision have submitted a final plat for
approval; and,
WHEREAS, the final plat was reviewed by the Blue Earth County
Planning Commission on the 5th day of July, 1995, and found to be
in conformance with the approved preliminary plat; and,
WHEREAS, the final plat meets the requirements of the Blue
Earth County Subdivision Ordinance.
NOW, THEREFORE, BE IT RESOLVED that the Blue Earth County
Board of Commissioners hereby approve the final plat of Edgewood
Estates Subdivision, and authorizes the Chair of the Board of
Commissioners and the County Administrator to sign said plat.
This resolution shall become effective immediately upon its
passage and without publication.
The motion carried. 95-276
Commissioner More moved and Commissioner Bennett seconded the
motion to approve a Preliminary Plat to Dale and Mary Duncanson for
Three Lot Subdivision, Section 6, Mapleton Township. The motion
carried. 95-277
Commissioner Landkamer moved and Commissioner Bennett seconded
the motion to set a date of hearing for August 15, 1995 for a
request to rezone ten acres from A-1, Prime Agriculture, to C-1
Conservation Zoning District, located in the West 10 acres of the
Northeast Quarter of the Northwest Quarter, Section 10, Decoria
Township. Mr. James Kunkel, Decoria Township Supervisor, and Mr.
Jeff Schmidt, applicant, spoke. The motion carried. 95-278
Commissioner Barnes moved and Commissioner More seconded the
motion to approve the following Conditional Use Permit that will
remain in effect for five years instead of ten years as requested
by the applicant. Ms. Mary Ann Baker, Mankato; Ms. Katie Wortel,
Mankato and Mr. Pete Baker, Mankato spoke in favor of a five year
permit instead of the ten year permit:
RESOLUTION EXTENDING A
CONDITIONAL USE PERMIT TO ALLOW
A LIMESTONE QUARRY IN A CONSERVATION DISTRICT
(LIME TOWNSHIP)
WHEREAS, Southern Minnesota Construction Company, Inc., the
owners of the following described property, to wit:
The Northeast Quarter of the Northeast Quarter of Section 19,
the triangular Northeast Half of the Northwest Quarter of the
Northeast Quarter of Section 19, and the triangular Northeast
Half of the Southeast Quarter of the Northeast Quarter of
Section 19, and the East Half of the Northwest Quarter of
Section 20, all in T09N, R26W.
has requested that a conditional use permit granted by the Blue
Earth County Board in August of 1984 and extended in 1990, be
extended for a period of five years to allow a limestone quarry to
be operated on the above-described property; and
WHEREAS, the Planning Commission of the County, on the 5th day
of July, 1995, following proper notice, held and conducted a public
hearing regarding the request of Southern Minnesota Construction.
Said Planning Commission passed a motion recommending that the Blue
Earth County Board extend the conditional use permit allowing a
limestone quarry in the above-described area to the Blue Earth
County Board of Commissioners; and
WHEREAS, the Blue Earth County Board of Commissioners finds:
1. That there is an ongoing limestone quarry activity in this
location.
2. That it is reasonable to continue this limestone quarry
activity.
3. That the expected life of the limestone source has not been
exhausted.
4. That the applicant has expressed willingness to address
operation issues expressed by neighboring residents at the
time of the public hearing.
NOW, THEREFORE, BE IT RESOLVED, that the Blue Earth County
Board of Commissioners hereby reinstates the conditional use permit
granted in 1984 to Southern Minnesota Construction Company, Inc.
for the operation of a limestone quarry in a conservation district.
The reinstatement of the conditional use permit shall be subject to
the following conditions:
1. That the conditions in the 1984 and 1990 permits be continued
except that this extension of the permit shall be valid until
July 1, 2000.
2. That the erosion taking place off of the sand pile must be
abated no later than November 1, 1995.
3. SMC develop an erosion control plan for any activity that will
effect surface water prior to November 1, 1995. The plan will
be reviewed by the SWCD for approval by the Land Use and
Natural Resources Administrator.
4. That the owner shall develop a reclamation and end use concept
plan for the site by December 31, 1995, for review by the
Planning Commission for inclusion into the record.
This resolution shall become effective immediately upon its
passage and without publication.
The motion carried. 95-279
Mayor Jerry Groebner, Madison Lake, Mr. Jerry Books, Finance
Director, and Ms. Gloria Mack, Amboy City Clerk/Treasurer,
presented the following item for the Boards consideration.
Commissioner Bennett moved and Commissioner More seconded the
motion to approve a five (5) year, $20,000 loan application to the
City of Amboy for Guy and Renee Doyle and their electrical
business, Doyle Electric. The motion carried. 95-280
Mr. Dennis McCoy, Deputy County Administrator, presented the
following Human Service items for the Boards consideration.
Commissioner Landkamer moved and Commissioner Barnes seconded
the motion to approve the following items:
Approval of an application for Need Determination of
Services to persons with mental retardation or related
conditions submitted by MRCI.
Addition of one service (bathing) to the Host County
Agreement with Mankato Lutheran Adult Day Services for
the period August 1, 1995 through December 31, 1995.
Approval of an agreement with the State of Minnesota for
Family Service Collaborative Grant funding for the period
April 1, 1995, through March 31, 1996.
Approval of a guardianship contract with Lutheran Social
Services for calendar year 1995 in an amount of
$4,813.00.
Rescind the action taken in June authorizing a 2 percent
increase for the House of Hope. The State of Minnesota
has indicated that these rates are frozen until December
31, 1997.
The motion carried. 95-281
The meeting recessed at 12:03
The meeting reconvened at 1:30 p.m.
Mr. David Twa, County Administrator, conducted the 1996 Budget
Workshop.
Mr. Herb Wenkel, Environmental Health Director, and Sheriff
Brad Peterson, were present to discuss burning permits.
After discussion, Commissioner Bennett moved and Commissioner
Landkamer seconded the motion to have a 90 day Burning Permit at $5
and a 180 day Burning Permit at $10. The motion carried.
Commissioner More voted nay. 95-282
Mr. Al Forsberg, Public Works Director, was present to discuss
housing options for the Duck Lake Caretakers. After discussion,
Commissioner Landkamer moved and Commissioner Barnes seconded the
motion to proceed with the Modular Home option. The motion
carried. 95-283
Commissioner Landkamer moved and Commissioner Bennett seconded
the motion to amend the 1995 Committee Appointments List,
including the addition of the AMC Sustainable Development Task
Force with Commissioner Bennett as the representative. The motion
carried. 95-284
Commissioner Landkamer moved and Commissioner More seconded
the motion to adjourn the Board meeting at 3:12 p.m. The motion
carried. 95-285
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