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OFFICIAL PROCEEDINGS OF THE BOARD OF COMMISSIONERS
BLUE EARTH COUNTY, MINNESOTA
August 1, 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 Al Bennett,
Commissioner Alvis More, County Attorney Ross Arneson and County
Administrator David Twa.
Commissioner More moved and Commissioner Landkamer seconded
the motion to approve the amended Agenda. The motion carried.
95-286
The Commissioners reported on meetings they have attended
since the last Board meeting.
Ms. Shirley Higginbotham, Mr. Joe Kubicek, Ms. Carlienne
Frisch, Ms. LoRae Dressler, and Ms. Bonnie Klein gave a report on
the findings of the Second Century Task Force on the Future of
the Library Report.
Mr. Jerry Haley, Community Corrections Chief, presented the
following item for the Boards consideration.
Commissioner Landkamer moved and Commissioner Bennett
seconded the motion to renew the grant agreement with the State
of Minnesota's Department of Corrections Community Services
Division for the Juvenile Detention Services Subsidy Program
Grant Agreement. The motion carried. 95-287
Commissioner More moved and Commissioner Landkamer seconded
the motion to approve the July 18, 1995 Board Minutes. The
motion carried. 95-288
Commissioner More moved and Commissioner Bennett seconded
the motion to approve the following Bills:
Bills for Week of July 24-28, 1995
Grand Total $2,713,304.46
Bills for Week of July 31 - August 4, 1995
Grand Total $5,205,659.01
The motion carried. 95-289
Commissioner Landkamer moved and Commissioner More seconded
the motion to approve the following personnel items:
Resignation of Deborah McGinty, Victim Assistance
Coordinator (C42) effective September 29, 1995. (Human
Services)
Authorization to initiate recruitment for a Victim
Assistance Coordinator (C42). (Human Services)
Resignation of Kristi Benson, Clerical Specialist II
(B22) effective August 31, 1995. (Human Services)
Authorization to initiate recruitment for a Clerical
Specialist II (B22). (Human Services)
Employment of Charles Peterson, as a Land Use/Natural
Resource Feedlot Specialist (C41), with a starting
salary of $13.83 per hour effective August 14, 1995.
(Environmental Services)
Employment of Troy Schweim, as a Custody Officer (B23)
with a starting salary of $10.32 per hour effective
July 3, 1995. (Sheriffs)
Voluntary reduction of hours and transfer of Marsha
Ouren, from Land Records Specialist (B22) (land
Records) to Clerk (A11) (Human Services) with a salary
adjustment from $12.25 to $9.12 per hour effective
August 7, 1995.
The motion carried. 95-290
Mr. Ross Arneson, County Attorney presented the following
item for the Boards consideration.
Commissioner Landkamer moved and Commissioner More seconded
the motion to approve the following:
BE IT RESOLVED that the County of Blue Earth 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 Model School for
Chronic Truants during the period from July 1, 1995
through June 30, 1996. Ross E. Arneson, Blue Earth
County Attorney is hereby authorized to execute such
agreements and amendments, as are necessary to
implement the project on behalf of the County of Blue
Earth.
The motion carried. 95-291
Mr. Rick Hanna, Land Use & Natural Resources Administrator,
presented the following Planning and Zoning items.
Mr. Dan Fitzsimmons, Blue Earth County Pork Producers
President, gave an update on the lawsuit.
The following individuals spoke in opposition of granting
any conditional use permits for feedlots: Ms. Katie Wortel,
Mankato; Ms. Laurie Stenzel, Mapleton; Ms. Corrine Hammerschmidt,
Danville Township; Ms. Cindy Smith, Mapleton; and Mr. Wayne
Dodge, Mankato. Mr. Orval Gardner, Mapleton, requested that his
permit be heard today.
Public comment was heard by the following individuals
regarding Mr. Karl Duncanson's permit request: Mr. Pat
Duncanson, Mapleton; Mr. Dan Fitzsimmons, Good Thunder; Ms.
Alice Meier, Pleasant Mound Township; Ms. Laurie Stenzel,
Mapleton; Mr. Karl Duncanson, applicant; and Mr. Wayne Dodge,
Mankato.
After discussion Commissioner Bennett moved and Commissioner
More seconded motion to approve the following Conditional Use
Permit with the condition that all ordinance fees be paid before
the permit is issued: .
RESOLUTION GRANTING A CONDITIONAL USE PERMIT
CONSTRUCTION OF A NEW, TOTAL CONFINEMENT HOG OPERATION
SECTION 20 & 29 LYRA TOWNSHIP
WHEREAS, Karl Duncanson, owner of the following real estate
in the County of Blue Earth, Minnesota, to wit:
Southeast Quarter of Section 20, T106N-R27W, Lyra Township,
and the Northeast Quarter of section 29, T106N-R27W, Lyra
Township,
has applied for a Conditional Use Permit to construct a total
confinement hog operation in an A-2, Limited 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 (CO 14-95), a copy of said report has been presented to
the County Board; and
WHEREAS, the Planning Commission of the County on the 28th
day of June, 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 are being provided.
4. Adequate measures have been 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 are provided which would 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-2, Limited
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-2
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 MPCA Certificate of Compliance is issued before a
construction permit is issued on the proposed
buildings (the under barn pits exceeds 500,000 gallons
capacity).
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 six proposed structures have the required setbacks
as shown in Attachment A-4, Structural Setback
Distances and Required Permits.
7. The land application of manure shall be on the land
described in the Preliminary Manure Management Plan and
complies with standards set forth in Attachments A-1,
Manure Management Summary, and A-5, Manure Application
Setbacks.
8. The disposal of dead animals shall be consistent with
the Minnesota Board of Animal Health regulations.
9. The applicant obtains a Department of Natural
Resources, "Water Appropriations Permit".
10. 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 to neighboring properties.
This resolution shall become effective immediately upon its
passage and without publication.
The motion carried. 95-292
Commissioner Bennett moved and Commissioner Landkamer
seconded the motion to approve the following Conditional Use
Permit with the condition that all ordinance fees be paid before
the permit is issued:
RESOLUTION GRANTING A CONDITIONAL USE PERMIT
EXPANSION OF A TOTAL CONFINEMENT HOG OPERATION
SECTION 30, CERESCO TOWNSHIP
WHEREAS, Dennis Arduser, owner of the following real estate
in the County of Blue Earth, Minnesota, to wit:
South 800 feet of the East 544.52 feet of the Southeast
Quarter of Section 30, Ceresco Township, T106N-R29W,
has applied for a Conditional Use Permit to expand 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 18-95 ), a copy of said report has been presented to
the County Board; and
WHEREAS, the Planning Commission of the County on the 28th
day of June, 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 proposed use conforms with the Zoning Ordinance.
2. The proposed use conforms with the Land Use Plan.
3. The proposed use does not have the required manure
storage facilities.
4. The proposed use has the spreadable acres required for
manure application.
5. The site can be managed to not be a potential pollution
hazard.
NOW THEREFORE BE IT RESOLVED, by the Blue Earth County
Board of Commissioners, that the request for a Conditional Use
Permit to expand a total confinement hog operation, in an A-1
Zoning District, is granted with the following conditions:
1. That the applicant address the potential run-off
problem from the Open Lot. Preventive run-off controls
should be installed or the Open Lot should be vacated.
2. That the existing shallow barn 36' x 152' x 6', be
pumped twice a year to allow for adequate capacity for
manure storage.
3. All required permits are obtained as shown in
Attachment A-4, Structural Setbacks and Required
Permits.
4. A Blue Earth County Certificate of Compliance is issued
before a construction permit is issued on the hog
finishing barn.
5. A Blue Earth county construction permit is issued
before building begins.
6. A minimum of one footing tile inspection pipe is
included in the building design and construction of the
concrete pit. MPCA requires that drain tile should be
located at least one (1) foot deeper than the pit
bottom.
7. The proposed structures have the required setbacks as
shown in Attachment A-4, Structural Setback Distances
and Required Permits.
8. The land application of manure shall be on the land
described in the Preliminary Manure Management Plan and
complies with standards set forth in Attachments A-1,
Manure Management Summary, and A-5, manure Application
Setbacks.
9. The applicant complies with the Blue Earth County
Livestock Manure Management Ordinance, effective
January 4, 1995.
10. The applicant obtains a Department of Natural
Resources, "Water Appropriations Permit".
11. The disposal of dead animals shall be consistent with
the Minnesota board of Animal Health Regulations.
12. 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, to neighboring properties.
This resolution shall become effective immediately upon its
passage and without publication.
The motion carried. 95-293
Commissioner More moved and Commissioner Bennett seconded
the motion to approve the following Conditional Use Permit with
the condition that all ordinance fees be paid before the permit
is issued:
RESOLUTION GRANTING A CONDITIONAL USE PERMIT
EXPANSION OF A TOTAL CONFINEMENT HOG OPERATION
SECTION 36, RAPIDAN TOWNSHIP
WHEREAS, John W. Brindley II, owner of the following real
estate in the County of Blue Earth, Minnesota, to wit:
North Half of the Southwest Quarter, excluding the South 580
feet of the West 300 feet Section 36, Rapidan Township,
T107N-R27W,
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 19-95 ), a copy of said report has been presented to
the County Board; and
WHEREAS, the Planning Commission of the County on the 28th
day of June, 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 are being provided.
4. Adequate measures have been 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. That proper facilities are provided which would
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. The applicant obtain all required permits 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. The applicant maintains a 100 foot setback between the
new total confinement barns and the Palustrine wetland
on this site.
6. 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.
7. The proposed structures have the required setbacks as
shown in Attachment A-4, Structural Setback Distances
and Required Permits.
8. The land application of manure be on the land described
and complies with standards set forth in Attachments A-
1, Manure Management Summary, and A-5, Manure
Application Setbacks.
9. The applicant complies with the Blue Earth County
Livestock Manure Management Ordinance, effective
January 4, 1995.
10. The applicant obtains a Department of Natural
Resources, "Water Appropriations Permit" when the barns
are ready for use.
11. The disposal of dead animals shall be consistent with
the Minnesota Board of Animal Health regulations.
12. Adequate measures have been taken or will be taken
to prevent 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. 95-294
After comments by Mr. Richard Vogelsang, Mapleton,
Commissioner Bennett moved and Commissioner More seconded the
motion to approve the following:
RESOLUTION GRANTING A CONDITIONAL USE PERMIT
EXPANSION OF A TOTAL CONFINEMENT, POULTRY OPERATION
SECTION 14, MAPLETON TOWNSHIP
WHEREAS, Orval Gartner, owner of the following real estate
in the County of Blue Earth, Minnesota, to wit:
North 230 feet of the Northwest Quarter of the Northwest
Quarter East of Highway 22, Section 14, Mapleton Township,
T105N-R26W,
has applied for a Conditional Use Permit to expand a total
confinement poultry operation in an A-1, Prime Agriculture Zoning
District, and
WHEREAS, the Planning Agency of the County has completed an
review of the application and made an report pertaining to said
request (CO 27-95 ), an copy of said report has been presented to
the County Board; and
WHEREAS, the Planning Commission of the County on the 28th
day of June, 1995, following proper notice, held an public
hearing regarding the request and, following the hearing, adopted
an recommendation that the request for an 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 are being provided.
4. Adequate measures have been 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. That proper facilities are provided which would
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 an Conditional Use Permit to
expand an total confinement poultry operation, in an A-1 Zoning
District, is granted with the following conditions:
1. The new confinement building 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. An Blue Earth County Certificate of Compliance is
issued before an construction permit is issued.
4. An Blue Earth County construction permit is issued
before building begins.
5. An 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 proposed structures have the required setbacks as
shown in Attachment A-4, Structural Setback Distances
and Required Permits.
7. The land application of manure shall be on the land
described in the Preliminary Manure Management Plan and
complies with standards set forth in Attachments A-1,
Manure Management Summary, and A-5, Manure Application
Setbacks.
8. The disposal of dead animals shall be consistent with
the Minnesota Board of Animal Health regulations.
9. The applicant installs an legal septic system before
the new barn is used for housing livestock.
10. All stockpiled manure shall be stored no longer than
365 days and handled in compliance with MCPA rules and
County Ordinances, so as not to cause an pollution
hazard.
11. Adequate measures have been taken or will be taken to
prevent or control offensive odor, fumes, dust, noise
or vibrations so that none of these will constitute an
nuisance.
This resolution shall become effective immediately upon its
passage and without publication.
The motion carried. 95-295
Commissioner Bennett moved and Commissioner More seconded the
motion to approve the following Conditional Use Permit with the
condition that all ordinance fees be paid before the permit is
issued:
RESOLUTION GRANTING A CONDITIONAL USE PERMIT
EXPANSION OF A SWINE FACILITY
SECTION 13, DECORIA TOWNSHIP
WHEREAS, Roger Hubmer, owner of the following real estate in
the County of Blue Earth, Minnesota, to wit:
East Half of the Northwest Quarter except the West 548 feet
and the Northwest Quarter of the Northeast Quarter Southerly
and Westerly of the Ditch, Section 13, T107N-R26W, Decoria
Township,
has applied for a Conditional Use Permit to expand a swine
facility 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 40-95), 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 expand a swine facility, 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 prior to the
commencement of construction.
3. The land application of manure be on the land described
in the Preliminary Manure Management Plan and complies
with standards set forth in Attachment A-1, Manure
Management Summary, and Attachment A-5, Manure
Application Setbacks.
4. The disposal of dead animals shall be consistent with
the Minnesota Board of Animal Health regulations.
5. 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.
This resolution shall become effective immediately upon its
passage and without publication.
The motion carried. 95-296
Mr. Jerry Kallheim, Deputy Administrator-Land Records,
presented the following items for the Boards consideration.
Commissioner Landkamer moved and Commissioner Bennett
seconded the motion to approve the following Applications for
Repurchase of Forfeited Lands, Auditors Plat #42, except the
South 100 ft of lot 4, City of Mankato to RTR Seed Company and
Waite & Roelofson's Addition E-1/2 of lot 1, block 5, City of
Mankato to Mr. Dennis Turttle. The motion carried. 95-297
Commissioner Landkamer moved and Commissioner Bennett
seconded the motion to approve the following Administrative Fee
to the Tax Forfeited Land Sale:
$0-3,000 $20.00
$3,001-6,000 $30.00
$6,001-9,000 $40.00
$9,001 & on up $50.00
The motion carried. 95-298
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: Bray Park Integrated Playground Structure
Bidders: Amount of Bid:
Miracle Equipment, Inc., Hastings, MN $13,987.90
Earl F. Anderson, Inc., Bloomington, MN $14,511.00
Commissioner Landkamer moved and Commissioner More seconded the
motion to accept the low bid of $13,987.90 from Miracle
Equipment, Inc., Hastings, MN. The motion carried. 95-299
PROJECT: Bray Park Bathhouse/Shower Facility
Bidders: Amount of Bid:
Gosewisch Construction, Inc., Mankato, MN $117,800.00
A.J. Hoffman & Son, Mankato, MN $123,445.00
Robert W. Carlstrom, Mankato, MN $115,414.00
Commissioner More moved and Commissioner Bennett seconded the
motion to accept the low bid of $115,414.00 from Robert W.
Carlstrom, Mankato, MN with modifications. The motion carried.
95-300
PROJECT: Duck Lake Park Modular House
Bidders: Amount of Bid:
Creative Housing, Mankato, MN $43,867.75
Commissioner Landkamer moved and Commissioner Bennett seconded
the motion to reject the bid. The motion carried. 95-301
Commissioner Bennett moved and Commissioner Landkamer
seconded the motion to approve the following:
BE IT RESOLVED that the County of Blue Earth enter into
an agreement with the State of Minnesota, Department of
Transportation for the following purposes, to wit:
To remove the existing flasher system and
install a new traffic control signal with
street lights on Trunk Highway No. 22 at
Trunk Highway No. 83 - County State Aid
Highway No. 83; and install a new traffic
control signal with street lights on Trunk
Highway No. 22 at County State Aid Highway
No. 54 (Hoffman Road) in accordance with the
terms and conditions set forth and contained
in Agreement No. 73827, a copy of which was
before the Board.
BE IT FURTHER RESOLVED that the proper County officers
be and hereby are authorized to execute such agreement,
and thereby assume for and on behalf of the County all
of the contractual obligations contained therein.
The motion carried. 95-302
The meeting recessed 12:15 p.m.
The meeting reconvened at 1:30 p.m.
The Board members discussed possible economic development
projects in the County.
Commissioner Bennett moved and Commissioner Landkamer
seconded the motion to adjourn at 2:30 p.m. The motion carried.
95-303
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