|
|
View Other Items in this Archive |
View All Archives | Printable Version
OFFICIAL PROCEEDINGS OF THE BOARD OF COMMISSIONERS
BLUE EARTH COUNTY, MINNESOTA
August 27, 1996
The County Board of Commissioners met in the Commissioners'
Room at 9:00 a.m. Present were Chairperson Colleen Landkamer,
Commissioner Leon Tacheny, Commissioner Lin Barnes, Commissioner
Al Bennett, Commissioner Alvis More, Assistant County Attorney
Mark Lindahl and County Administrator David Twa.
Commissioner Barnes moved and Commissioner More seconded
the motion to approve the amended Agenda with the addition of
appointing an Engineer for the repair of Judicial Ditch 7. The
motion carried. 96-277
The Commissioners reported on committees that they have
attended since the last Board Meeting.
Mr. Joel Anderson, Area Wildlife Manager, presented two (2)
parcels of property that the DNR is acquiring for wildlife
development. Commissioner More moved and Commissioner Bennett
seconded the motion to approve the DNR acquisition of the
following property: 25-1/4 acre tract consists entirely of
wetland and woodland acres in the South 25-1/4 acres of the SE-
1/4 of the NE-1/4 of Sec. 4 of Danville Township and land located
next to Indian Lake in the East 20.8 acres of Government Lot 4 in
the SE-1/4 of the SE-1/4 of Sec. 35 of LeRay Township, currently
owned by Calvin Priem. The motion carried. 96-278
Commissioner Tacheny moved and Commissioner More seconded
the motion to approve the August 13, 1996 Board Minutes. The
motion carried. 96-279
Commissioner Bennett moved and Commissioner More seconded
the motion to approve the following Bills:
Bills for Week of August 19-23, 1996
Grand Total $1,203,189.42
Bills for Week of August 26-30, 1996
Grand Total $2,891,147.28
The motion carried. 96-280
Commissioner Tacheny moved and Commissioner More seconded
the motion to approve the following Personnel items:
Revision of start date of Michelle Schroeder, Probation
Officer (Juvenile Caseload) (C42), from August 19, 1996
to September 30, 1996. (Community Corrections)
Employment of Cathy Stahlke, Dispatcher (Part-Time)
(B23), with a starting salary of $10.53 per hour
effective September 3, 1996. (Sheriff)
Resignation of Steve Mork, Accounting Supervisor (C51)
effective September 6, 1996. (Finance)
Authorization to initiate recruitment for an Accounting
Supervisor (C51). (Finance)
Employment of Tricia Wolff, Clerical Specialist II
(B22), with a starting salary of $10.16 per hour
effective August 29, 1996. (Court Administrator)
The motion carried. 96-281
Commissioner Barnes moved and Commissioner Bennett seconded
the motion to approve the following Grant Agreement:
STATE OF MINNESOTA
DEPARTMENT OF PUBLIC SAFETY
DIVISION OF EMERGENCY MANAGEMENT
STATE AND LOCAL ASSISTANCE
RESOLUTION AUTHORIZING EXECUTION OF GRANT AGREEMENT
Be it resolved that Blue Earth County enter into a
Grant Agreement with the Division of Emergency
Management in the Minnesota Department of Public Safety
for the program entitled State and Local Assistance
Program for FFY 1996.
David Twa, County Administrator is hereby authorized to
execute and sign such Grant Agreements and amendments
as are necessary to implement the project on behalf of
Blue Earth County.
The motion carried. 96-282
Mr. Veryl Morrell, Land Use & Natural Resources
Administrator, Mr. Scott Salsbury, Land Use Planning Assistant
and Mr. Bill Goebel, Land Use Specialist, presented the following
Planning & Zoning items.
Mr. Pat Duncanson, applicant, made the comment that if the
Medo Township site is approved he would not build on the Danville
Township site.
After discussion Commissioner Tacheny moved and Commissioner
Bennett seconded the motion to approve the following Conditional
Use Permit:
RESOLUTION GRANTING A
CONDITIONAL USE PERMIT
TO CONSTRUCT A CONFINEMENT
SWINE FACILITY
SECTION 35, MEDO TOWNSHIP
WHEREAS, Kristin and Patrick Duncanson, owner of the
following real estate in the County of Blue Earth, Minnesota, to
wit:
The Southwest Quarter of the Southwest Quarter
Excluding the North 150 Feet of Section 35, Medo
Township, T 106 N R 25 W,
has applied for a Conditional Use Permit to construct a total
confinement swine facility 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 (CO 31-96), a copy of said report has been presented to
the County Board; and
WHEREAS, the Planning Commission of the County on the 22nd
day of August , 1996, 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 barns, 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 barns, and proper
manure application, this facility should not constitute a
pollution problem.
3. That the predominant use in the area is agriculture. The
Conditional Use should not impede the normal and orderly
development and improvement of surrounding vacant property for
agricultural uses.
4. Adequate utilities, access roads, drainage and other necessary
facilities have been or will be provided. Access will be from
a (5-ton) Township Road.
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, Agriculture 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, in an A, Agriculture Zoning District, is granted with the
following conditions:
1. That the total confinement facility, conforms with the site
plan attached to this report CO-31-96.
2. That a Certificate of Compliance is obtained before a
Construction Permit is issued.
3. That a Blue Earth County Construction Permit is issued
before construction begins.
4. 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).
5. 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 CO-31-96.
6. That the applicant obtain a Department of Natural Resources,
Water Appropriations Permit before animals are placed in
the proposed barns.
7. That the applicant dispose of dead animals consistent with
the Minnesota Board of Animal Health regulations.
8. That the applicant provide an enclosed location for the pick
up of dead animals.
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.
10. That the applicant identify the abandoned well/s on the site
as required by the County Well Code and Environmental
Services, and if located, properly seal the well/s as
required by Minnesota State Rules and Blue Earth County
Regulations.
11. That the applicant restore Township Road 51 and Township
Road 316 to pre-construction condition prior to the issuance
of a Blue Earth County Feedlot Permit.
12. That the applicant obtain a Blue Earth County Feedlot Permit
before animals are placed in the proposed barns.
This resolution shall become effective immediately upon its
passage and without publication.
The Motion carried. 96-283
Mr. Mike Matzke, applicant, stated that he was present to
answer any questions. Commissioner Bennett moved and
Commissioner More seconded the motion to approve the Conditional
Use Permit.
RESOLUTION GRANTING A
CONDITIONAL USE PERMIT
TO BUILD ONE TOTAL CONFINEMENT SWINE BARN
SECTION 20, RAPIDAN TOWNSHIP
WHEREAS, Matzke Farm s, Inc., owners of the following real
estate in the County of Blue Earth, Minnesota, to wit:
The Northwest Quarter of the Northwest Quarter, Section
20, Rapidan Township, T. 107 N.- R. 27 W.,
has applied for a Conditional Use Permit to expand an existing
swine facility 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 (CO-32-96 ), a copy of said report has been presented to
the County Board; and
WHEREAS, the Planning Commission of the County on the 7th
day of August, 1996, 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, manure
storage facility, and 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, manure
storage facility, and 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. Access will be from
a (7 ton limit) County State Aid Highway.
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 District.
9. The proposed use is consistent with the County Land Use Plan.
10. That the proposed use does not include residential
development.
11. That the proposed use does not include industrial development.
NOW THEREFORE BE IT RESOLVED, by the Blue Earth County
Board of Commissioners, that the request for a Conditional Use
Permit, to build a 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 report CO-32-96.
2. That a Certificate of Compliance and a Blue Earth County
Feedlot Permit be issued before a Construction Permit is
issued.
3. That a Blue Earth County Construction Permit be issued
before building begins.
4. That a perimeter footing drain tile shall 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).
5. 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 CO-32-96.
6. That the applicant obtain a Department of Natural Resources,
Water Appropriations Permit before any animals are placed
in the proposed barns.
7. That the disposal of dead animals shall be consistent with
the Minnesota Board of Animal Health regulations.
8. That the applicant shall provide an enclosed location for
the pick up of dead animals.
9. That adequate measures will 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. 96-284
A discussion was held on a letter the Board received from
Ms. Alice Meier, Pleasant Mound Township, concerning Manure
Management Plans. Ms. Katy Wortel, Mankato Township and Mr. Pat
Duncanson, Mapleton Township, made comments. Mr. Veryl Morrel,
Land Use & Natural Resources Administrator, will send a reply to
Ms. Meier.
Commissioner More moved and Commissioner Bennett seconded
the motion to authorize the Chairperson to send letters to the
Minnesota Congressional Delegation on flow control, thanking them
for their past and continued support. The motion carried. 96-285
Commissioner More moved and Commissioner Barnes seconded the
motion to approve the following resolution:
DECERTIFICATION OF A TAX INCREMENT
FINANCING DISTRICT FOR
BLUE EARTH COUNTY
We, the undersigned, being the duly qualified and
acting officials for Blue Earth County do hereby
acknowledge that the tax increment district designated
and known as:
Kristico Tax Increment District
is hereby decertified and dissolved, and that all of
the taxable parcels of property in said district were
returned to the normal property tax rolls of Blue Earth
County for the taxes payable in year 1995.
We further acknowledge that 1994 was the last year that
a full or partial tax increment was needed and that any
excess increment has been or will be distributed to all
taxing jurisdictions using the normal property tax
distribution formulas.
The motion carried. 96-286
Commissioner Barnes moved and Commissioner Bennett seconded
the motion to approve Minnesota Valley Action Council's Blue
Earth County Housing Rehab Report after checking into the
Minnesota Lake applicant's home value. The motion carried. 96-
287
Commissioner Bennett moved and Commissioner More seconded
the motion to appoint Mr. Chad Surprenant, I & S Engineers,
Mankato, as the Engineer for the repair on Judicial Ditch #7.
The motion carried. 96-288
Mr. Dennis McCoy, Deputy Administrator, presented the
following Human Service items for the Boards consideration.
Commissioner More moved and Commissioner Bennett seconded
the motion to approve the following Human Service contracts:
Day Treatment Agreement with School District #77. This
continuation agreement allows us to obtain applicable
school reimbursements for provision of this service to
children with emotional disturbance and severe
emotional disturbance.
Agreement with the Mankato Rehabilitation Center for
employability services provided pursuant to the STRIDE
program requirements.
Agreement with the Mankato Rehabilitation Center to
provide services related to the Food Stamp Employment &
Training (FSET) program as required by State and
Federal Statute.
Continuing agreement with MRCI to provide employability
services to individuals with mental illness.
The motion carried. 96-289
Mr. Al Forsberg, Public Works Director, presented the
following items for the Boards consideration.
Commissioner Barnes moved and Commissioner More seconded the
motion to approve the following resolution that will include the
Red Jacket Trail and the South Route Trail in the County Park
System:
RESOLUTION
WHEREAS, Blue Earth County has established the Red
Jacket Trail from the southerly city limits of Mankato
to CSAH 33; and
WHEREAS, Blue Earth County is developing the South
Route Trail along CSAH 90; and
WHEREAS, These trails provide recreation and
conservation benefits consistent with the County System
of Parks;
NOW, THEREFORE BE IT RESOLVED, Blue Earth County
includes these trails in its park system.
The motion carried. 96-290
Commissioner More moved and Commissioner Barnes seconded the
motion to approve the following resolution:
RESOLUTION
WHEREAS, Blue Earth County Board policy established
during Board discussions in 1993 does not allow open
agricultural tile outlets into County Highway ditches
and this is consistent with the County's right of way
intersects;
NOW, THEREFORE BE IT RESOLVED, Blue Earth County
authorizes the Public Works Director to enforce this
policy and authorizes the Director to work with
landowners to resolve problems caused by outlets
existing prior to implementation of this policy.
The motion carried. 96-291
Commissioner More moved and Commissioner Barnes seconded the
motion to approve the Final Payment for Dallco, Inc., Finlayson,
MN for Bridge 07570 on CSAH 69 over Minneopa Creek (Contract
#1295769902). The motion carried. 96-292
Commissioner Bennett moved and Commissioner Tacheny seconded
the motion to approve the following agreement for FEMA funds to
cover flood damage:
RESOLUTION
AUTHORIZING EXECUTION OF SUB-GRANT AGREEMENT
BE IT RESOLVED, that Blue Earth County enter into a
Sub-grant Agreement with the Division of Emergency
Management in the Minnesota Department of Public Safety
for the program entitled Infrastructure program for
FEMA 116-DR-MINNESOTA.
Mr. Alan Forsberg, Public Works Director is hereby
authorized to execute and sign such Sub-grant
Agreements and amendments as are necessary to implement
the project on behalf of Blue Earth County.
The motion carried. 96-293
The next item discussed was an acquisition of a parcel of
land from Earl and Erika Zernechel for the CSAH 90 South Route
Highway project. As part of the acquisition agreement, Earl and
Erika Zernechel would receive title to an excess parcel of County
owned land describe below. The complete right of way agreement
with the Zernechels is retained in Highway Office files.
Commissioner Barnes moved and Commissioner Tacheny seconded
the motion to authorize the Board Chairperson and County
Administrator to execute a deed transferring title of the
describe land to the Zernechels.
A 2.40 acre parcel of land in Government Lot 3 of
Section 23, Township 108 North, Range 27 West described
as follows: Beginning at a point on the East-West
Center Section Line of said Section 23 1013.40 feet
East of the West Quarter Corner of Section 23; thence
continuing North 89 degrees 28 minutes 50 seconds East
150.09 feet; thence South 00 degrees 30 minutes 30
seconds East - 535.00 feet; thence South 89 degrees 28
minutes 50 seconds West - 156.77 feet; thence North 12
degrees 06 minutes 10 seconds West - 472.02 feet;
thence North 89 degrees 28 minutes 50 seconds East -
115.93 feet; and thence North 11 degrees 42 minutes 59
seconds West - 74.00 feet to the point of beginning,
the point of ending.
The motion carried. 96-294
The meeting recessed at 12:10
The meeting reconvened at 1:30 p.m.
Mr. Lee Morris, Mr. Wayne Pestka, and Mr. Ervin Kaduce,
presented concerns on the repair of County Ditch #86. Mr. Dick
Bradshaw, Engineer, was present to answer questions. After
discussion it was decided that Mr. Bradshaw should meet with the
County Attorney to decide if the ditch system was an improvement
or a repair.
Mr. Scott Fichtner, Environmental Services Director and Mr.
Warren Shuros, Senior Resource Center Manager at Foth & Van Dyke
Engineers and Consultants, discussed the possible purchase of the
Ponderosa Landfill.
Commissioner Barnes moved and Commissioner Tacheny seconded
the motion to approve the proposal to Develop a Blue Earth County
Land Use Plan by Chuck Pettipiece and Associates, Mankato, MN.
The motion carried. 96-295
Mr. David Twa, County Administrator and Mr. Jerry Books,
Finance Director, presented items for the 1997 Budget.
Commissioner Barnes moved and Commissioner Tacheny seconded
the motion to adjourn the meeting at 3:53 p.m. The motion
carried. 96-296
|
|