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OFFICIAL PROCEEDINGS OF THE BOARD OF COMMISSIONERS
BLUE EARTH COUNTY, MINNESOTA
August 29, 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, County Attorney Ross Arneson and County
Administrator David Twa.
Commissioner Bennett moved and Commissioner Landkamer
seconded the motion to approve the amended Agenda. The motion
carried. 95-318
The Board reported on meetings they have attended since the
last Board meeting.
Commissioner Barnes moved and Commissioner Bennett seconded
the motion to approve the August 15, 1995 Board Minutes. The
motion carried. 95-319
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 project, with the
following results:
PROJECT: Grading on SP 07-690-11 CSAH #90
Bidders: Amount of Bid:
Barker Construction, Waterville, MN $1,376,360.50
DH Blattner & Sons, Avon, MN $1,335,382.60
Mathiowetz Construction, Sleepy Eye, MN $1,300,291.68
Park Construction, Minneapolis, MN $1,623,623.28
R & G Construction, Marshall, MN $1,341,846.88
Sorenson Bros Const., Albert Lea, MN $1,341,982.45
Minn-Kota, Brooklyn Park, MN $1,675,132.80
SM Hentges, Jordan, MN $1,482,669.42
Commissioner Barnes moved and Commissioner Bennett seconded the
motion to recommend that the State Commissioner of Transportation
award the contract to the low bidder Mathiowetz Construction,
Sleepy Eye, MN, in the amount of $1,300,291.68. The motion
carried. 95-320
Commissioner Landkamer moved and Commissioner Bennett
seconded the motion to approve the final payment to Krengle Bros.
Construction, Mapleton, MN, for the CSAH #20 Project,
#1295041701. The motion carried. 95-321
Commissioner Barnes moved and Commissioner Landkamer
seconded the motion to approve the construction of the CSAH 3
project from the TH 14 overpass to 900 feet west of the CSAH 12
extension as concrete and from this point to CR 186 as
bituminous. The motion carried. 95-322
Commissioner Bennett moved and Commissioner Landkamer
seconded the motion to approve a Cooperative Agreement to
authorize the State to reimburse Blue Earth County for the
construction of a canoe landing on the Big Cobb River (Co. Hwy.
#16). The motion carried. 95-323
Commissioner Barnes moved and Commissioner Bennett seconded
the motion to approve the following Bills:
Bills for Week of August 21-25, 1995
Grand Total $2,342,296.68
Bills for Week of August 28 - September 1, 1995
Grand Total $3,457,803.29
The motion carried. 95-324
Mr. Richard Hanna, Land Use & Natural Resources
Administrator, presented the following Planning and Zoning items.
Mr. Jeff Schmidt, Applicant, and Mr. Lyle Femrite, Chairman
of Decoria Township, made comments regarding the following
rezoning request. After discussion, Commissioner Landkamer
moved and Commissioner Bennett seconded the motion to approve the
following:
AN ORDINANCE
REZONING CERTAIN PROPERTY LOCATED
IN DECORIA TOWNSHIP
FROM A-2, LIMITED AGRICULTURE DISTRICT
TO C-1, CONSERVATION DISTRICT
WHEREAS, the tract of land, hereinafter called "tract," lying and
being in the County of Blue Earth and State of Minnesota,
described as follows, to wit:
The west 10 acres of the Northeast Quarter of the
Northwest Quarter of Section 20, Decoria Township;
is currently zoned by Blue Earth County as being an A-2 zoning
district; and
WHEREAS, the owners' of this tract have petitioned the Blue
Earth County Planning Department for rezoning to the tract from
an A-2 zoning district to a C-1 zoning district; and
WHEREAS, the Planning Department has completed a study and
made a report pertaining to such proposed rezoning, (CO 31-95), a
copy of which has been presented to the Blue Earth County
Planning Commission; and
WHEREAS, the Blue Earth County Planning Commission, on the
5th Day of July, 1995, following proper notice, held a public
hearing, regarding the proposed rezoning and, following said
public hearing, adopted a recommendation that the proposed
rezoning be approved; and
WHEREAS, based upon said report, minutes, recommendation of
the Planning Commission, and the presentation made to the County
Board at the time of the public hearing on this ordinance, the
County Board hereby finds and determines that the rezoning of the
tract from an A-1 zoning district to C-1 is in the best interest
of the County.
NOW, THEREFORE, BE IT ORDAINED, by the County of Blue Earth
that the above described tract shall be, and hereby is, zoned and
classified as a C-1 Zoning District, in accordance with the Blue
Earth County Zoning Ordinance.
The motion carried. Commissioner Barnes voted nay. 95-325
After much discussion, Commissioner Bennett moved and
Commissioner Landkamer seconded the motion to approve the
following conditional use permit:
RESOLUTION GRANTING
A CONDITIONAL USE PERMIT
CONSTRUCTION OF A NEW, TOTAL CONFINEMENT
HOG OPERATION SECTION 2, DANVILLE TOWNSHIP
WHEREAS, Pat and Kristin Duncanson, owners of the following real
estate in the County of Blue Earth, Minnesota, to wit:
Northwest Quarter of the Northwest Quarter, Section 2,
Danville Township, T105N-R25W.
have 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 39-95), 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. 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. Adequate measures will be taken to prevent or control
offensive odor, fumes, dust, noise, or vibrations so
that note of these will constitute a nuisance.
6. Soil conditions are adequate to accommodate the
proposed use.
7. That proper facilities are provided which would
eliminate any traffic hazard which may result from the
proposed use.
8. The proposed use is not greater than the intensity
characteristics allowed in the A-1, Prime Agriculture
Zoning District.
9. 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, Prime
Agriculture Zoning District, is granted with the following
conditions:
1. The confinement buildings conform with the site plan
attached to the report CO 39-95.
2. The applicant prepare a Storm Water Management Plan for
review by the local Soil and Water Conservation
District.
3. A Blue Earth County Certificate of Compliance is issued
before a construction permit is issued for the five
total confinement barns.
4. A Blue Earth County construction permit is issued
before building begins.
5. Adequate measures shall be taken to prevent or minimize
offensive odor, fumes, dust, or noise so that none of
these will constitute a nuisance.
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 land application of manure be on the land described
and complies with standards set forth in Attachments A-
1, Manure Management Summary, and A-4, Manure
Application Setbacks.
8. The applicant complies with the Blue Earth County
Livestock Manure Management Ordinance, effective
January 4, 1995.
9. The applicant obtains a Department of Natural
Resources, "Water Appropriations Permit" when the barns
are ready for use.
10. The disposal of dead animals shall be consistent with
the Minnesota Board of Animal Health regulations.
11. The applicant meet with the Danville Town Board to
resolve concerns about the site's affect on Township
roads prior to County Board meeting.
12. That any abandoned wells identified on the site be
sealed in accordance with the Blue Earth County Water
Well Ordinance.
This resolution shall become effective immediately upon its
passage and without publication.
Mr. Pat Duncanson, Applicant; Mr. Franz Strack, Amboy, and
Mr. Dan Fitzsimmons, Good Thunder; spoke in favor of the
conditional use permit.
Those speaking in opposition were: Mr. Wayne Dodge, Mankato;
Mr. Victor Beyer, Danville Township Chairman; Mr. Earl Preston,
Mapleton; Ms. Alice Meier, Pleasant Mound Township; Ms. Connie
Meier, Truman; Ms. Laurie Stenzel, Danville Township, Ms. Diane
Ruedy, Decoria Township; Ms. Katie Wortel, Mankato Township; Mr.
Paul Subasinki, Wabasso; Mr. Mike Dove, Attorney; Mr. Ken Bunde,
Mankato; Mr. Harlan Proehl, Danville Township; and Mr. Mike
Anderson, Danville Township. The motion carried. Commissioner
Barnes voted nay. 95-326
Ms. Alice Meier, Pleasant Mound Township, presented a
petition signed by 253 individuals for a Moratorium on feedlots.
The following individuals made comments: Ms. Agnes Mitzner,
Amboy; Ms. Connie Meier, Truman; Mr. Tom Dauk, Madison Lake; Ms.
Laurie Stenzel, Danville Township; Ms. Katie Wortel, Mankato
Township; Ms. Diane Ruedy, Decoria Township, Mr. Daniel
Fitzsimmons, Good Thunder; and Ms. Corrine Hammerschmidt,
Mapleton.
The meeting recessed at 1:07
The meeting reconvened at 2:15 p.m.
Mr. Robert Brush and Mr. John Rollings, presented the Soil
and Water Conservation District's proposed 1996 budget.
Mr. Ed Tschida and Mr. Roger Guenette, from Advanced
Resources For Development, discussed the Phoenix Company Project.
Commissioner Barnes moved and Commissioner Bennett seconded the
motion to approve an application to the Department of Trade and
Economic Development (D TED)for a grant to extend sanitary sewer
service from Lake Crystal to the site of Crysteel Manufacturing,
Inc. The motion carried. Commissioner Landkamer voted nay. 95-
327
Commissioner Bennett moved and Commissioner Tacheny stepped
down as chair and seconded the motion to approve a draft
agreement with Phoenix Company. Commissioner Barnes abstained.
After further discussion Commissioners Bennett and Tachney
withdrew their motion.
Commissioner Barnes moved and Commissioner Bennett seconded
the motion to approve the following Personnel items:
Promotion of Cynthia Kenne, from Clerk II (A13) to
Clerical Specialist II (B22) with a salary adjustment
from $9.00 to $10.27 per hour effective September 1,
1995. (Human Services)
Authorization to initiate recruitment for a Clerk II
(A13). (Human Services)
Resignation of Kristin Ballard, Social Worker (Co-
Location) (C42) effective August 30, 1995. (Human
Services)
Authorization to initiate recruitment for a Social
Worker (Co-Location) (C42) effective August 30, 1995.
(Human Services)
Lateral Transfer of Sandra Sader, from Senior Account
Clerk (B22) to Clerical Specialist II (B22) with no
change in salary effective August 2, 1995. (Court
Administrators)
Authorization to initiate recruitment for Senior
Account Clerk (B22). (Court Administrators)
Promotion of Thomas Harris, from Medium Equipment
Operator (B22) to a Heavy Equipment Operator (B23) with
a salary adjustment from $11.90 to $13.32 per hour
effective August 21, 1995. (Highway)
Voluntary demotion of John Othoudt, from Heavy
Equipment Operator (B23) to a Medium Equipment Operator
(B22)with a salary adjustment from $13.07 to $12.62 per
hour effective August 21, 1995. (Highway)
Voluntary demotion of Lester Lear, from Financial
Assistance Supervisor (C42) to Financial Worker (Child
Support) (B22) effective August 28, 1995 with no change
in salary band and grade through October 31, 1995.
Effective November 1, 1995, salary will be adjusted to
$14.30 per hour. Effective January 1, 1996 salary will
be adjusted to step 9 of the B22 salary range. (Human
Services)
The motion carried. 95-328
Commissioner Bennett moved and Commissioner Landkamer
seconded the motion to approve a tax abatement to Ms. Susan
Gaffer, 191 12 Place, Mankato, MN M01-1500-05230 K-380386. The
motion carried. 95-329
Commissioner Barnes moved and Commissioner Landkamer
seconded the motion to approve a letter sent to Congressional
House of Representatives asking them to support our local
communities when passing flow control legislation. The motion
carried. 95-330
Commissioner Bennett moved and Commissioner Barnes seconded
the motion to approve the tiling bill for the Blue Earth County
Poor Farm. The motion carried. 95-331
Commissioner Bennett moved and Commissioner Barnes seconded
the motion to approve an Application for Consumption and Display
(Set-up) Permit to 5 K Enterprises, d/b/a Cambria Bar & Grill,
Route 4, Box 37, New Ulm, MN. The motion carried. 95-332
Mr. Jerry Books, Finance Director and Mr. David Twa, County
Administrator, presented items for the 1996 Budget Workshop.
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:
Approval of a modification to the existing host county
contract with MRCI-Mankato to provide day training and
habilitation services. This modification would amend
the rate of levels 3 and 4, combining them into one
rate effective September 1, 1995, through March 31,
1996. The new rate would be $75.43 for a full day,
$56.57 for a partial day, and a transportation rate of
$7.09.
Approval of a host county agreement with Nydel
Corporation to provide semi-independent living
services.
Approval of grant modification number 3 for the 1995
Energy Assistance Program. This modification increases
the program by $63,881.00 as a result of presidential
action taken in late July. The total EAP-95 program
increases to $637,455.00.
Approval of a grant contract with the State of
Minnesota designed to enhance federal funding to
Children's Mental Health Collaborative and Family
Service Collaborative.
Approval of a contract with MRCI--Mankato for the
STRIDE/FSET Programs. The contract period is July 1,
1995, through June 30, 1996. The amounts are
$196,053.00 for the STRIDE Program and $83,896.62 for
the FSET Program.
Approval of the Day Treatment contracts with School
District 77.
Approval of the contract with the Sheriff's Youth
Programs to provide therapeutic services to the
Children's Day Treatment Program from September 1,
1995, to August 31, 1996.
Approval of an agreement between the Hilltop Neighbors
Living at Home Block Grant Nurse Program and the South
Central SAIL Project.
Approval of the Energy Assistance Program Grant
Agreement with the State of Minnesota to administer the
1996 Fuel Assistance Program from September 1, 1995
through September 30, 1996 in the amount of $307,448.
Approve the draft CSSA Plan which was previously signed
by the chairman and submitted to the State Department
of Human Services.
Approve the WIC contract with the State Department of
Human Services which will enable Blue Earth County
Community Health Department to begin operating this
program on October 1, 1995.
The motion carried. 95-333
Commissioner Barnes moved and Commissioner Landkamer
seconded the motion to approve the Minnesota Clean Water
Partnership Resource Investigation Grant Agreement:
BE IT RESOLVED by Blue Earth County that the County
enter into the attached Grant Agreement with the
Minnesota Pollution Control Agency (MPCA) to conduct
the following Project: Blue Earth River Basin
Implementation Framework.
BE IT FURTHER RESOLVED by the County that the
Chairperson, Leon Tacheny be authorized to execute the
attached Grant Agreement for the above mentioned
Project on behalf of the County.
WHEREUPON the above resolution was adopted at a regular
meeting of the Blue Earth County Board of Commissioners
this 29th day of August, 1995.
The motion carried. 95-334
Commissioner Bennett moved and Commissioner Landkamer
seconded the motion to adjourn at 6:35 p.m. The motion carried.
95-335
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