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

April 20, 1999

1. AGENDA REVIEW

The motion carried. 99-138

2. COMMISSIONERS' REPORTS ON COMMITTEES

3. ADMINISTRATIVE SERVICES

Commissioner Landkamer moved and Commissioner McLaughlin seconded the motion to approve the County Board Minutes of April 6, 1999.

The motion carried. 99-139

Commissioner Landkamer moved and Commissioner Barnes seconded the motion to approve the following Bills:

Bills for Week of 4/12 - 4/16, 1999

The motion carried. 99-140

Commissioner Barnes moved and Commissioner Landkamer seconded the motion to approve the following Personnel items: Employment of Gale Leiferman, Child Support Case Aide (B22), with a starting salary of $10.68 per hour effective April 21, 1999. (Human Services)

The motion carried. 99-141

Commissioner Barnes moved and Commissioner McLaughlin seconded the motion to approve the following:

RESOLUTION OF JOINT DITCH AUTHORITY OF BLUE EARTH COUNTY AND LESUEUR COUNTY

WHEREAS, from time to time each County has been requested to authorize repairs on that portion of joint ditches within their individual county, and

WHEREAS, it is often time consuming and expensive to call a meeting of the Joint Ditch Authority to authorize these small repairs, and

WHEREAS, both Counties wish to expedite the repairs of the joint ditches in as quick and cost effective method as possible,

NOW THEREFORE, BE IT RESOLVED, that the JOINT DITCH AUTHORITY OF BLUE EARTH COUNTY and LE SUEUR COUNTY hereby authorizes the ditch authority in each county to make repairs to that portion of each of the joint ditches within their jurisdiction in an annual amount not to exceed $5,000 per occurrence and $20,000 per ditch per calendar year. Each County shall notify the other County's Ditch Authority, by letter, of such repairs authorized and the cost of such repairs, as soon thereafter as the repair work has been authorized. Repairs in excess of $5,000 per occurrence and $20,000 per ditch per calendar year shall not be made without the authorization of a majority of the Joint Ditch Authority after due notice and a meeting of the Joint Ditch Authority.

The motion carried. 99-142

Commissioner Landkamer moved and Commissioner Barnes seconded the motion to approve the following:

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 1999. Al Bennett, Chairperson, 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. (Adjust Budget Accordingly)

The motion carried. 99-143

Commissioner Barnes moved and Commissioner McLaughlin seconded the motion to appoint Mr. Martin Imlay, Lake Crystal, as Blue Earth County's representative to the Coalition of Utility Counties for 1999.

The motion carried. 99-144

Commissioner Landkamer moved and Commissioner McLaughlin seconded the motion to set the Legislative Protocols For Blue Earth County Employees, establishing appropriate conduct for their participation in the legislative process at the state and federal level.

The motion carried. 99-145

Commissioner McLaughlin moved and Commissioner Landkamer seconded the motion to amend the 1999 Committee Appointments:

The motion carried. 99-146

4. PLANNING AND ZONING

Commissioner More returned from a Joint Ditch Meeting with Waseca County.

Pursuant to publication, a public hearing was held to replace Blue Earth County Addressing Guide Titled "Guidelines: Street Numbering System For Rural Subdivisons" with a new document titled "Blue Earth County Rural Addressing Ordinance, Chapter 141."

The public hearing was opened for public comments by Chairperson Bennett at 9:34 a.m., April 20, 1999. Mr. Veryl Morrell, Land Use and Natural Resources Administrator and Mr. Charlie Berg, Information Services Director, gave an overview of the Ordinance.

Public Comments were heard from Mr. Bill Hoehn, Rapidan Township.

After discussion, Commissioner Barnes moved and Commissioner Landkamer seconded the motion to adopt the ordinance:

ORDINANCE REPLACING THE BLUE EARTH COUNTY ADDRESSING GUIDE TITLED 'GUIDELINES: STREET NUMBERING SYSTEM FOR RURAL SUBDIVISIONS, WITH A NEW DOCUMENT TITLED "BLUE EARTH COUNTY RURAL ADDRESSING ORDINANCE, CHAPTER 141.'

WHEREAS, Blue Earth County's addressing guidelines date back to August 1977. The document was titled GUIDELINES: STREET NAMING AND ADDRESS NUMBERING SYSTEM FOR RURAL SUBDIVISIONS. It is not known if the document was ever formally adopted by the County Board; and,

WHEREAS, the purpose of the Rural Addressing Ordinance is to provide for the establishment of an official plan for a coordinated system of road numbers / names and house or property numbers in the unincorporated areas of Blue Earth County, and to provide for the administration thereof; and

WHEREAS, this Ordinance is designed to be compatible with the Emergency 911 Telephone System established by Minnesota Statutes Chapter 403. The Rural Addressing Ordinance is adopted pursuant to authority contained in Minnesota Statutes, Chapter 394, commonly known as the County Planning and Zoning Enabling Legislation; and

WHEREAS, in April of 1995 the Blue Earth County Board decided to move forward with a county-wide 911 compatible addressing system. A citizen's committee was appointed to work on the addressing project with the County Engineer and Director of Information Services. The citizen committee met through July of 1997, and forwarded their recommendations to the County Board. A public hearing / informational meeting was held in the commissioner's Boardroom at the Blue Earth County Courthouse on August 5, 1997, to discuss the rural addressing concept and to solicit citizen input; and,

WHEREAS, the Rural Addressing Ordinance, Chapter 141, was drafted to set forth the minimum requirements needed to protect the public health, safety, and welfare by establishing uniformity in street numbering / naming and structure numbering throughout Blue Earth County, by preventing duplicity in street numbering / naming and structure numbering within individual Emergency Services Areas, and by providing for the expeditious response of emergency services providers when summoned for assistance by citizens of the County; and,

WHEREAS, the Planning Commission of the County on the 2nd Day of March, 1999, following proper notice held a public hearing regarding the Ordinance, and, following the hearing, adopted a recommendation that the Ordinance be approved; and,

WHEREAS, the Blue Earth County Board of Commissioners on the 20th day of April, 1999, following proper notice held a public hearing regarding the request, and following consideration of testimony, voted to approve the Blue Earth County Rural Addressing Ordinance, Chapter 141; and,

WHEREAS, the Blue Earth County Board of Commissioners finds:

1. The purpose of the Rural Addressing Ordinance is to provide for the establishment of an official plan for a coordinated system of road numbers / names and house or property numbers in the unincorporated areas of Blue Earth County, and to provide for the administration thereof.

2. The Rural Addressing Ordinance, sets forth the minimum requirements needed to protect the public health, safety, and welfare by establishing uniformity in street numbering / naming and structure numbering throughout Blue Earth County, by preventing duplicity in street numbering / naming and structure numbering within individual Emergency Services Areas, and by providing for the expeditious response of emergency services providers when summoned for assistance by citizens of the County.

3. The Rural Addressing Ordinance is designed to be compatible with the Emergency 911 Telephone System established by Minnesota Statutes Chapter 403. The authority contained in Minnesota Statutes, Chapter 394, commonly known as the County Planning and Zoning Enabling Legislation, is the basis for the adoption of this Ordinance.

NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of Commissioners, that the ordinance titled Blue Earth County Rural Addressing Ordinance, Chapter 141, dated April 20, 1999, is hereby adopted .

This Ordinance shall become effective 30 days after its passage and publication.

The motion carried. 99-147

Chairperson Bennett officially closed the public hearing at 10:00 a.m., April 20, 1999. A transcript of this hearing is on file at the County Administrator's Office, Courthouse, Mankato, MN.

Commissioner Landkamer moved and Commissioner More seconded the motion to approve the following Conditional Use Permit:

RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO ERECT TWO OFF PREMISE ADVERTISING SIGNS IN AN I-2, HEAVY INDUSTRIAL ZONED DISTRICT, IN THE SW 1/4 OF THE NE 1/4, SECTION 6, GARDEN CITY TOWNSHIP

WHEREAS, Supreme Outdoor Advertising and Lyle Kimpton, the owner of the following real estate in the County of Blue Earth, to wit:

That part of the Southwest Quarter of the Northeast Quarter (Sw 1/4, NE 1/4) of Section 6-107-28 lying north of the railroad right-of-way, all located in the County of Blue Earth, State of Minnesota, AND

Lot Two (2), Block One (1), Mann's Subdivision, subject to a 20 foot utility and access easement as shown on the Plat of said Subdivision, all located in the county of Blue Earth, State of Minnesota,

have requested a Conditional Use Permit to erect two off-premises advertising signs in an I-2, Heavy Industrial Zoned 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 13-99), 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 April, 1999, following proper notice held a public hearing regarding the request and, following the hearing, adopted a recommendation that the request be approved; and,

WHEREAS, the Blue Earth County Board of Commissioners on the 20th day of April, 1999, following proper notice held a public hearing regarding the request, and following consideration of testimony, voted to approve the requested Conditional Use Permit; and,

WHEREAS, the Blue Earth County Board of Commissioners finds:

1. The proposed use conforms with the County Land Use Plan.

2. The applicant has demonstrated a need for the proposed use.

3. The proposed use will not degrade the water quality of the County.

4. The proposed use will not adversely increase the quantity of water runoff. 5. The soils are adequate to accommodate the proposed use.

6. The proposed use does not create a potential pollution hazard.

7. Adequate utilities, access roads, drainage and other necessary facilities have been or are being provided.

8. Adequate measures have been or will be taken to provide sufficient off-road parking space to serve the proposed use.

9. The Conditional Use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted.

10. Establishment of the Conditional Use will not impede the normal and orderly development and improvement of surrounding vacant property for the predominate uses in the area.

11. Density of the proposed residential development is not greater than the density of the surrounding neighborhood or applicable zoning district.

NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of Commissioners, that the request for a Conditional Use Permit to erect two off-premises outdoor advertising signs in an I-2, Heavy Industrial District is hereby granted contingent upon the following conditions:

1. Construction of the signs shall not commence until construction permits have been obtained.

2. Location and Installation of the signs shall comply with the approved site plan contained in this report and standards contained in the Blue Earth County Land Use Ordinance, Section 0100.1610, OFF-PREMISE SIGNS.

3. That the applicant continues to comply with all applicable MPCA Rules relating to the disposal and/or storage of hazardous and non-hazardous fluids and materials.

4. The applicant shall comply with all improvements to the yard designated in the letter dated March 3, 1999, jointly signed by the Mayor of Lake Crystal and the applicant.

5. The Conditional Use Permit shall be in force for five years from the date of Board approval. The permit may be reviewed for cause and modifications to the conditions made by the Board of Commissioners.

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

The motion carried. 99-148

Commissioner More moved and Commissioner Landkamer seconded the motion to approve the following Conditional Use Permit:

RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO EXPAND AN EXISTING WASTE WATER TREATMENT FACILITY
CITY OF GOOD THUNDER
NORTHWEST QUARTER OF SECTION 10, LYRA TOWNSHIP

WHEREAS, the City of Good Thunder, the owner of the following real estate in the County of Blue Earth, to wit:

That part of the East _ of the NW 1/4 and that part of the NE 1/4 of Section 10, Township 106, Range 27, Blue Earth County, Minnesota described as follows; beginning at a point on the North line of said East _ of the NW 1/4 distant 175.27 feet West of the Northeast corner thereof; thence East (assumed bearing) along said North line a distance of 175.27 feet; thence South 65 degrees 01 minutes, 16 seconds East a distance of 115.00 feet; thence South 87 degrees 28 minutes 28 seconds East a distance of 174.97 feet to a point hereinafter referred to as point A; thence North 58 degrees 59 minutes 02 seconds East a distance of 83.0 feet more or less to the Maple River; thence Southeasterly along the said Maple River a distance of 370 feet more or less to a line bearing North 36 degrees 09 minutes 49 seconds East from point B said point B bearing South 53 degrees 50 minutes 11 seconds East distance 343.81 feet from point A; thence South 36 degrees 09 minutes 49 seconds West a distance of 45.82 feet more or less to point B; thence South 53 degrees 50 minutes 11 seconds East a distance of 205.73 feet; thence South 45 degrees 21 minutes 37 seconds East a distance of 233.69 feet; thence South 89 degrees 13 minutes 09 seconds East a distance of 498.44 feet to the Maple River; thence Southwesterly, Southerly and Westerly along the said Maple River to the centerline of Blue Earth County Highway Number 10; thence Northwesterly and Westerly along the said centerline a distance of 991.29 feet more or less to a line bearing South 8 degrees 30 minutes 28 seconds West from the point of beginning; thence North 8 degrees 30 minutes 28 seconds East along the said line a distance of 822.71 feet to the point of beginning. Containing 34.42 acres more or less and subject to the right-of-way of said county highway.

Also a permanent 30 foot sanitary sewer easement across the East _ of the SW 1/4 of Section 3 and the East _ of the NW 1/4 of Section 10 all in Township 106, Range 27, the centerline of said easement described as follows: Beginning at a point on the North line of the said East _ of the NW 1/4 a distance 24.20 feet East of the northwest corner of the said East _ of the NW 1/4; thence South 53 degrees 38 minutes West a distance of 30.10 feet to the West line of the said East _ of the NW 1/4; thence North 53 degrees 38 minutes East a distance of 30.10 feet to the point of beginning; thence North 53 degrees 38 minutes a distance of 820.6 feet; thence South 53 degrees 38 minutes West a distance of 100.00 feet; thence South 47 degrees 42 minutes 34 seconds East a distance of 723.18 feet to a point on the West line of the above described tract a distance of 60.00 feet south of the northwest corner thereof and terminating thereat, the side lines of the said easement to be shortened or lengthened to begin at the West line of said East _ of the NW 1/4 and terminate at the West line of the above described tract, subject to highway easements of record.

This easement shall not affect the first parties' rights in the existing outfall pipe or drain tile located on the above 30-foot easement and first parties reserve the right to continue to utilize this existing outfall pipe or drain tile, subject to regulations of the Minnesota Pollution Control Agency. It is agreed that in the event of construction or repairs by the second party on the above 30-foot easement, second party shall compensate first parties for the value of any crops damaged or destroyed.

has requested a Conditional Use Permit to expand and reconstruct an existing waste water treatment facility located on land owned by the City in a C-1, Conservation 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 17-99), 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 April, 1999, following proper notice held a public hearing regarding the request and, following the hearing, adopted a recommendation that the request be approved; and

WHEREAS, the Blue Earth County Board of Commissioners on the 20th day of April, 1999, following proper notice held a public hearing regarding the request, and following consideration of testimony, voted to approve the requested Conditional Use Permit; and

WHEREAS, the Blue Earth County Board of Commissioners finds:

1. That expansion of the existing waste water treatment facility does not conflict with the County Land Use Plan.

That with proper design, construction, maintenance and management, the waste water treatment facility will not degrade the water quality of the County.

3. That with proper management, expansion of the waste water treatment facility will not adversely increase the quantity of water run-off.

4. That with special engineering and construction, soil conditions are adequate to accommodate expansion of the waste water treatment facility.

5. That expansion of the waste water treatment facility will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted.

6. That expansion of the waste water treatment facility will not impede the normal and orderly development and improvement of surrounding vacant property for the predominant uses in the area.

NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of Commissioners, that the request for a Conditional Use Permit to expand and reconstruct an existing waste water treatment facility in a C-1, Conservation District is hereby granted contingent upon the following conditions:

1. The City of Good Thunder construct the waste water treatment facility ponds in compliance with all State and Federal regulations and in accordance with a permit issued by the MPCA.

2. That the City of Good Thunder report all violations of the MPCA permit for the facility to the MPCA and the Blue Earth County Environmental Services Department within ten days of violation.

The City of Good Thunder ensure that erosion control measures be approved prior to construction and implemented, including a Construction Storm Water Permit issued by the MPCA.

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

The motion carried. 99-149

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

RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO MODIFY AND CONTINUE A NON-CONFORMING EXISTING OUTDOOR FIRING RANGE USED FOR LAW ENFORCEMENT TRAINING PURPOSES IN THE NW 1/4 OF THE NE 1/4, SECTION 10, LYRA TOWNSHIP

WHEREAS, the City of Good Thunder, the owner of the following real estate in the County of Blue Earth, to wit:

That part of the East _ of the NW 1/4 and that part of the NE 1/4 of Section 10, Township 106, Range 27, Blue Earth County, Minnesota described as follows; beginning at a point on the North line of said East _ of the NW 1/4 distant 175.27 feet West of the Northeast corner thereof; thence East (assumed bearing) along said North line a distance of 175.27 feet; thence South 65 degrees 01 minutes, 16 seconds East a distance of 115.00 feet; thence South 87 degrees 28 minutes 28 seconds East a distance of 174.97 feet to a point hereinafter referred to as point A; thence North 58 degrees 59 minutes 02 seconds East a distance of 83.0 feet more or less to the Maple River; thence Southeasterly along the said Maple River a distance of 370 feet more or less to a line bearing North 36 degrees 09 minutes 49 seconds East from point B said point B bearing South 53 degrees 50 minutes 11 seconds East distant 343.81 feet from point A; thence South 36 degrees 09 minutes 49 seconds West a distance of 45.82 feet more or less to point B; thence South 53 degrees 50 minutes 11 seconds East a distance of 205.73 feet; thence South 45 degrees 21 minutes 37 seconds East a distance of 233.69 feet; thence South 89 degrees 13 minutes 09 seconds East a distance of 498.44 feet to the Maple River; thence Southwesterly, Southerly and Westerly along the said Maple River to the centerline of Blue Earth County Highway Number 10; thence Northwesterly and Westerly along the said centerline a distance of 991.29 feet more or less to a line bearing South 8 degrees 30 minutes 28 seconds West from the point of beginning; thence North 8 degrees 30 minutes 28 seconds East along the said line a distance of 822.71 feet to the point of beginning. Containing 34.42 acres more or less and subject to the right-of-way of said county highway.

Also a permanent 30 foot sanitary sewer easement across the East _ of the SW 1/4 of Section 3 and the East _ of the NW 1/4 of Section 10 all in Township 106, Range 27, the centerline of said easement described as follows: Beginning at a point on the North line of the said East _ of the NW 1/4 distant 24.20 feet east of the northwest corner of the said East _ of the NW 1/4; thence South 53 degrees 38 minutes West a distance of 30.10 feet to the West line of the said East _ of the NW 1/4; thence North 53 degrees 38 minutes East a distance of 30.10 feet to the point of beginning; thence North 53 degrees 38 minutes a distance of 820.6 feet; thence South 53 degrees 38 minutes West a distance of 100.00 feet; thence South 47 degrees 42 minutes 34 seconds East a distance of 723.18 feet to a point on the West line of the above described tract distant 60.00 feet south of the northwest corner thereof and terminating thereat, the side lines of the said easement to be shortened or lengthened to begin at the West line of said East _ of the NW 1/4 and terminate at the West line of the above described tract, subject to highway easements of record.

This easement shall not affect the first parties' rights in the existing outfall pipe or drain tile located on the above 30-foot easement and first parties reserve the right to continue to utilize this existing outfall pipe or drain tile, subject to regulations of the Minnesota Pollution Control Agency. It is agreed that in the event of construction or repairs by the second party on the above 30-foot easement, second party shall compensate first parties for the value of any crops damaged or destroyed.

has requested a Conditional Use Permit to modify and continue use of a non-conforming existing outdoor firing range located on land owned by the City in a C-1, Conservation 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 18-99), 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 April, 1999, following proper notice held a public hearing regarding the request and, following the hearing, adopted a recommendation that the request be approved; and,

WHEREAS, the Blue Earth County Board of Commissioners on the 20th day of April, 1999, following proper notice held a public hearing regarding the request, and following consideration of testimony, voted to approve the requested Conditional Use Permit; and,

WHEREAS, the Blue Earth County Board of Commissioners finds:

1. That the proposed use conforms with the Land Use Plan.

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

3. That with proper management, 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 proposed.

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 the 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. 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 modify and continue a non-conforming use in a C-1, Conservation District is hereby granted contingent upon the following conditions:

1. The range shall be used only by Law Enforcement Officers and their guests, and shall not be open to the public.

2. The range shall be operated in accordance with Blue Earth County Regulations as established in the Blue Earth County Land Use Ordinance, Section 0100.1403, Subp 11, Indoor and Outdoor Firing Ranges, any applicable POST Board Rule or State Statute, and the written policy established for operation of the range by the City of Good Thunder and the participating Law Enforcement Officers.

3. The range shall be located and designed in accordance with the approved submitted site design plans.

4. The bottom three feet of the 12' high berm shall be graded to a 3:1 slope or less around the berm's outside edge and armored with 6" or larger diameter rock underlain with geo-textile fabric to prevent erosion in the event of flooding.

5. The berm shall be seeded with vegetation within 15 days of approval of the Conditional Use Permit to prevent erosion and deposition of suspended solids in the Maple River in the event of flooding.

6. Access to the range shall be controlled by a lockable gate and fence along the eastern boundary of the range.

7. Signage identifying the range shall be posted around the perimeter of the range. Spacing of signs shall not exceed 400 feet.

8. All buoyant materials shall be removed from the floodway.

9. No permanent buildings shall be installed at the range.

10. Hours of operation shall be daylight hours during the week except for occasional night shoots.

11. Violations of any of the above conditions may lead to a review of the Conditional Use Permit by the Planning Commission and County Board.

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

The motion carried. 99-150

Commissioner More moved and Commissioner McLaughlin seconded the motion to

approve the following Conditional Use Permit:

RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO OPERATE AN ASPHALT HOT MIX PLANT AND STORE AND CRUSH CONCRETE AND BITUMINOUS MATERIALS IN AN EXISTING PERMITTED GRAVEL PIT IN THE SW 1/4 OF THE NW 1/4, SECTION 27 AND THE SE 1/4 OF THE NE 1/4, SECTION 28, SOUTH BEND TOWNSHIP.

WHEREAS, Larry Nurre, for Southern Minnesota Construction Company and Riverbend Asphalt Company, the lessee and operator of the following real estate in the County of Blue Earth, to wit:

Legal Description Tract I Government Lot Five (5) in Section Twenty-seven (27), Township One Hundred Eight (108) North, Range Twenty-seven (27) West; in the County of Blue Earth, State of Minnesota, except as follows:

Beginning at or near the Southwest Corner of the Southwest Quarter of the Northwest Quarter of Section 27, Township 108 North, Range 27 West at (Engineering Station 179+27.5); thence running Northeasterly for 229.94 feet to (Engineering Station 181+57.44); thence running along the Centerline of an 08degree 00 minute curve (outside intersection angle being 92 degrees 10 minutes) for 1152.08 feet to (Engineering Station 193+09.52); thence running Southeasterly to a point on the North and South sixteenth line in the West half of said Section 27 for 188.0 feet at (Engineering Station 195+80.7); which is the terminus of the described line; thence returning to Engineering Station 179+27.5 and following previously described line and deflecting an angle and a distance from each Engineering Station on said described line to points on the Southwest and South shoulders of the present roadway as follows: Sta. 179+27.5 Centerline; Sta. 179+27.5 Centerline; Sta. 179+78.0 90 degrees left for 40 feet; Sta. 180+00.0 90 degrees left for 35 feet; Sta. 181.00.00 90 degrees left for 56 feet; Sta. 182+00.0 94 degrees left for 60 feet; Sta. 183.00.0 94 degrees left for 64 feet; Sta. 184.00.0 94 degrees left for 60 feet; Sta. 185.00.0 94 degrees left for 68 feet; Sta. 186.00.0 94 degrees left for 89 feet; Sta. 187.00.0 94 degrees left for 110 feet; Sta. 188+00 94 degrees left for 100 feet; Sta. 189+00 94 degrees left for 64 feet; Sta. 190+00 94 degrees left for 29 feet; Sta. 191.00 94 degrees left for 10 feet; Sta. 192+00 94 degrees left for 5 feet; Sta. 193+00 90 degrees left for 14 feet; Sta. 194+00 90 degrees left for 17 feet; Sta. 195+00 90 degrees left for 35 feet; Sta 195+55.0 90 degrees left for 30 feet; Sta. 195+0.7 - Centerline. This area contains 2.0 acres more or less. Same being located in the SW 1/4 of the NW 1/4 of Section 27 T-108N, R-27W, in the County of Blue Earth, State of Minnesota.

Legal Description Tract II The South Forty (40) acres of Government Lot Six (6) in Section Twenty-eight (28), Township One Hundred Eight (108) North, Range Twenty-seven (27) West; in the County of Blue Earth, State of Minnesota.

has requested a Conditional Use Permit to operate a bituminous hot mix plant, and store and crush recycled bituminous and concrete in an existing permitted gravel pit in an A-1, 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 19-99), 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 April, 1999, following proper notice held a public hearing regarding the request and, following the hearing, adopted a recommendation that the request be approved; and,

WHEREAS, the Blue Earth County Board of Commissioners on the 20th day of April, 1999, following proper notice held a public hearing regarding the request, and following consideration of testimony, voted to approve the requested Conditional Use Permit; and,

WHEREAS, the Blue Earth County Board of Commissioners finds:

1. That the proposed use conforms with the Land Use Plan.

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

3. That with proper management, 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 proposed.

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 the 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. 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 operate a bituminous hot mix plant, and store and crush recycled bituminous and concrete in an existing permitted gravel pit in an A-1, Agricultural District is hereby granted contingent upon the following conditions:

1. The Bituminous Hot Mix Plant operations, and storing and crushing of recycled concrete and bituminous materials, shall be as set forth in PC 19-99 and conducted in compliance with the laws of the State of Minnesota, the Federal Government, and Blue Earth County. In addition, all operations shall be pursuant to the approved Conditional Use Permit (CO 54-95) granted to Southern Minnesota Construction by the Blue Earth County Board of Commissioners on October 24, 1995.

2. Improvements to access points from and onto CSAH 33 shall be constructed pursuant to plans drafted by I & S Engineers, as approved by the Blue Earth County Engineer, dated February 12, 1999. Required improvements shall be constructed prior to use of the pit for CSAH 90.

3. 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.

4. All buildings, plants, and equipment used in the Bituminous Hot Mix Plant operations shall be removed within 60 days of completion of projects.

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

6. 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.

7. Hours of operation shall be limited to 6:00 AM through 8:00 PM (hot mix plant only) to prevent disturbing noise during normal sleeping hours. Other operations of the pit may be conducted from 7:00 A.M. to 9:00 P.M.

8. Informational signs with flashing lights shall be located 1,000 feet east and west of the pit entrance on CSAH 33. Said signs shall state"Trucks Hauling" and shall be displayed only while trucks are hauling from the pit.

9. This permit shall expire concurrently with PC 54 -95, on October 24, 2000.

The motion carried. 99-151

Commissioner Barnes moved and Commissioner More 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 484 A.U. TO 724 A.U. LOCATED IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 31, LYRA TOWNSHIP

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

The West Half of the Northeast Quarter of the Southeast Quarter, the Southeast Quarter of the Southeast Quarter, and the East 20 acres of the West Half of the Southeast Quarter, Except 1.83 acres of County Road Right of Way all in Section 31 Lyra Township T. 106 N. - R. 27 W.;

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-21-99 ), 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 April, 1999, 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. 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 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 21- 99.

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 one year 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 one year 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 21-99.

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.

That all manure storage structures must be designed by a registered engineer. A copy of the designed plans must be submitted to Blue Earth County Environmental Services prior to the issuance of a construction permit.

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

The motion carried. 99-152

Commissioner McLaughlin moved and Commissioner More seconded the motion to approve the following:

RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO CONSTRUCT FOUR TOTAL CONFINEMENT SWINE BARNS CREATING A NEW FEEDLOT OF 960 A.U. LOCATED IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 34, LYRA TOWNSHIP

WHEREAS, B & D Pork, owner of the following real estate in the County of Blue Earth, Minnesota, to wit:

The North Half of the Northwest Quarter except the East 6 acres of the Southeast Quarter of the Northwest Quarter of the Northwest Quarter, and the West 68 acres of the North Half of the Northeast Quarter, Section 34 Lyra Township T. 106 N. - R. 27 W. Said parcel contains 141.5 acres.

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-22-99 ), 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 April, 1999, 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 with 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.

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 four total confinement swine barns in an Agriculture Zoning District, is granted with the following conditions:

1. That the total confinement barns, conform with the site plan attached to this report PC 22- 99.

2. That the feedlot, including all buildings and the proposed buildings, 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 barns.

4. That the applicant obtain a Blue Earth County Construction Permit before building begins and within one year 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 one year 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 22-99.

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 barns.

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.

That all manure storage structures must be designed by a registered engineer. A copy of the designed plans must be submitted to Blue Earth County Environmental Services prior to the issuance of a construction permit.

That the abandon well must be properly sealed by a licensed well contractor before animals are placed in the proposed barns.

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

The motion carried. 99-153

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

RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO TRANSFER A DEVELOPMENT RIGHT FROM THE NE 1/4 OF THE SW 1/4, SECTION 17, LERAY TOWNSHIP TO THE SW 1/4 OF THE SE 1/4, SECTION 17, LERAY TOWNSHIP

WHEREAS, the Van Loh Trust Agreement dated August 25, 1995, William F. Van Loh, and Barbara M. Mellon, owner of the following real estate in the County of Blue Earth, Minnesota, to wit:

The Southwest Quarter of the Southeast Quarter (SW _ of SE _), Section Seventeen (17), Township One Hundred Eight (108), Range Twenty-five (25) West, Blue Earth County, State of Minnesota.

has applied for a Conditional Use Permit to Transfer Development Rights from the Northeast Quarter of the Southwest Quarter, Section 17, LeRay Township to the Southwest Quarter of the Southeast Quarter Section 17, LeRay Township, an Agricultural Zoning District; and

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

The Southwest Quarter (SW _) of Section Seventeen (17), Township One Hundred Eight (108) North, Range Twenty-five (25) West, except railroad right-of-way and except highway easement.

have signed a written agreement transferring residential development rights from the Northeast Quarter of the Southwest Quarter of Section 17, Township 108 North, Range 25 West, and

WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC 23-99 ), 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 April, 1999, 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 the Transfer of Development Rights conforms with the County Land Use Plan.

2. That the Transfer of Development Rights will not degrade the water quality of the County.

3. That the Transfer of Development Rights will not adversely increase the quantity of water runoff.

4. That soil conditions are adequate to accommodate the Transfer of Development Rights.

5. That the Transfer of Development Rights 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 Transfer of Development Rights 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 Transfer of Development Rights will not impede the normal and orderly development and improvement of surrounding vacant property for predominant uses in the area.

9. That site specific conditions and such other conditions are established as required for the protection of the public's health, safety, morals, and general welfare.

NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of Commissioners, that the request for a Conditional Use Permit, to Transfer Development Rights in an Agricultural Zoning District, is granted with the following conditions:

1. The applicants subdivide and record all divisions of land in accordance with the provisions of the County Subdivision Ordinance.

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

The motion carried. 99-154

5. ECONOMIC DEVELOPMENT AUTHORITY

The public hearing was opened for public comments by Chairperson Bennett at 10:30 a.m., April 20, 1999. Mr. David Twa, County Administrator, stated the background and purpose of the Public Hearing. Those speaking were: Mary Barrett, Mankato.

After discussion, Commissioner Landkamer moved and Commissioner More seconded the motion to approve the following Resolutions:

A Resolution Appointing Officers for the Economic Development Authority of Blue Earth County, Minnesota

WHEREAS, the County of Blue Earth has organized the Economic Development Authority of Blue Earth County, Minnesota; and

WHEREAS, state law requires the appointment of officers by the Economic Development Authority of Blue Earth County, Minnesota;

BE IT, THEREFORE, RESOLVED by the Commissioners of the Economic Development Authority of Blue Earth County that:

Commissioner Al Bennett be appointed the President of the Economic Development Authority and shall perform all duties required by that office; and

Commissioner Colleen Landkamer be appointed the Vice-President of the Economic Development Authority and shall perform all the duties required by that office; and

Commissioner Linley A. Barnes be appointed the Treasurer of the Economic Development Authority and shall perform all the duties required by that office; and

David J. Twa, the Blue Earth County Administrator, be appointed the Executive Director of the Economic Development Authority and shall perform all the duties required by that office; and

Dennis McCoy, Blue Earth County Deputy County Administrator, be appointed the Assistant Treasurer of the Economic Development Authority and Assistant Executive Director of the Economic Development Authority and shall perform all the duties required by those offices; and

Jody Bloemke, Blue Earth County Administrative Assistant, be appointed the Secretary of the Economic Development Authority and shall perform all the duties required by that office.

Adopted by the Economic Development Authority of Blue Earth County, Minnesota, this 20th day of April, 1999.

Resolution Adopting Bylaws for the Economic Development Authority of Blue Earth County, Minnesota

WHEREAS, the Blue Earth County Board has organized the Economic Development Authority of Blue Earth County, Minnesota; and

WHEREAS, state law requires an Economic Development Authority to adopt bylaws governing the operation of the Authority; and

WHEREAS, the Commissioners of the Authority have reviewed the proposed Bylaws of the Economic Development Authority of Blue Earth County, Minnesota;

BE IT, THEREFORE, RESOLVED by the Commissioners of the Economic Development Authority of Blue Earth County, Minnesota, that:

The proposed Bylaws be adopted as the Bylaws of the Economic Development Authority of Blue Earth County, Minnesota.

Adopted by the Economic Development Authority of Blue Earth County, Minnesota, this 20th day of April, 1999.

A Resolution Adopting the Seal of the Economic Development Authority of Blue Earth County, Minnesota

WHEREAS, the Blue Earth County Board has organized the Economic Development Authority of Blue Earth County, Minnesota; and

WHEREAS, state law requires an Economic Development Authority to adopt a seal; and

WHEREAS, a seal has been submitted at this meeting.

BE IT, THEREFORE, RESOLVED by the Commissioners of the Economic Development Authority of Blue Earth County, Minnesota, that:

The seal submitted to this meeting is hereby adopted as the seal of this Authority and the Secretary of this Authority is hereby authorized and directed to imprint said seal on the margin of the minutes opposite this resolution.

Adopted by the Economic Development Authority of Blue Earth County, Minnesota, this 20th day of April, 1999.

The motion carried. 99-155

Commissioner Barnes moved and Commissioner McLaughlin seconded the motion to approve the following:

RESOLUTION DISSOLVING THE HOUSING AND REDEVELOPMENT AUTHORITY OF BLUE EARTH COUNTY, MINNESOTA, AND TRANSFERRING ALL POWERS TO THE ECONOMIC DEVELOPMENT AUTHORITY OF BLUE EARTH COUNTY, MINNESOTA

WHEREAS, the County Board of the County of Blue Earth did on the 21st day of April, 1972 create the Housing and Redevelopment Authority of Blue Earth County, Minnesota (hereafter HRA), in and for the County of Blue Earth, Minnesota; and

WHEREAS, the County Board of the County of Blue Earth did on the 4TH day of AUGUST, 1998 establish the Economic Development Authority of Blue Earth County, Minnesota (hereafter EDA), pursuant to Minnesota Statutes, Chapter 469; and

WHEREAS, it is the intention of the County Board that the EDA in addition to all other powers granted by Minnesota Statutes, Chapter 469, take over and assume all activities, programs, operation, control, and authority of the HRA such that there should no longer be a need for the existence of the HRA; and

WHEREAS, the County Board has in accordance with Minnesota Statutes 469.033, Subd. 7, provided public notice and conducted a public hearing on Tuesday, April 20, 1999 concerning the proposed dissolution of the HRA, at which hearing all persons desiring to express their views on the subject were heard.

NOW, THEREFORE, BE IT RESOLVED by the County of Blue Earth:

1. Pursuant to Minnesota Statutes, Section 469.094, the County of Blue Earth does by this Resolution hereby transfer to the Economic Development Authority of Blue Earth County, Minnesota, all activities, programs, operations, and authority of the existing Housing and Redevelopment Authority of Blue Earth County, Minnesota. This transfer includes all projects authorized by Minnesota Statutes, Sections 469.001 to 469.047 and 469.124 to 469.134. The EDA shall accept the control, authority, and operation of all projects, programs, or activities of the HRA, including the Section 8 and Public Housing Programs. The EDA shall exercise all of the powers that the HRA could exercise.

2. Pursuant to Minnesota Statute 469.092, all other projects as defined by Minnesota Statute, Section 469.174, including all obligations and activities currently engaged in by the County or its authorized subdivisions which relate to the powers and authorities exercised by an Economic Development Authority as defined in Minnesota Statutes, Sections 469.091 to 469.109, shall be transferred to the EDA.

3. The EDA shall covenant and pledge to perform the terms, conditions, and covenants of the bond indenture of other agreements executed for the security of any bonds issued by the HRA or other development agency. The EDA shall exercise all of the powers necessary to perform the terms, conditions, and covenants of any indenture or other agreements executed for the security of the bonds and shall become obligated on any such bonds by reason of the transfer. 4. That with the establishment of the EDA and its assumption of all power, authority, and function of the HRA, the purpose and public need for the continuation of the HRA of the County of Blue Earth no longer exists.

5. That the Blue Earth County HRA is hereby dissolved effective SEPTEMBER 30 , 1999.

6. That all property, records, assets, cash, or other funds held by or used by the HRA shall be transferred to and become the property of the EDA.

7. Upon dissolution of the HRA, all rights of the HRA against any person, firm, or corporation shall accrue to and be enforced by the EDA.

Adopted by the Blue Earth County Board this 20TH day of APRIL, 1999.

The motion carried. 99-156

Chairperson Bennett officially closed the public hearing at 10:47 a.m., April 20, 1999. A transcript of this hearing is on file at the County Administrator's Office, Courthouse, Mankato, MN.

6. HUMAN SERVICES

Commissioner Landkamer moved and Commissioner More seconded the motion to approve the following Human Service items:

Resolution authorizing execution of an agreement between Blue Earth County Human Services and the Office of the Secretary of State to obtain access to information necessary in the Child Support unit. Authorize Dennis McCoy, to sign said agreement.

An agreement with Christian Concern, Inc., of Mankato to provide family-based services and family support services. An agreement with the City of Mankato whereby off-duty officers would provide transportation to the New Ulm Detox Center at the same rate as charged by the detox center.

Authorization to sign the grant agreement with the Department of Corrections for renewing the Sexual Violence Resource Center grant.

The motion carried. 99-157

The meeting recessed at 11:45 a.m. for the Zero Sick Leave Usage Luncheon at Good Counsel Education Center.

The meeting reconvened at 1:30 p.m.

7. ERICKSON VS BLUE EARTH COUNTY - CLOSED MEETING TO DISCUSS PENDING LITIGATION

Mr. Ross Arneson, County Attorney; Mr. Scott Anderson, Attorney representing the County and Mr. Veryl Morrell, Land Use And Natural Resources Administrator, were present for the Closed Meeting to discuss pending litigation. The meeting was opened to the public at 2:36 p.m.

8. COUNTY FINANCIAL REPORT

The motion carried. 99-158

Commissioner Barnes moved and Commissioner Landkamer seconded the motion to approve the following budget adjustments for 1998.

The motion carried. 99-159

Commissioner Landkamer moved and Commissioner More seconded the motion to approve the following:

To transfer and budget $309,400 from the Capital Fund to the General Fund. (Nichols 17-year lease).
To transfer and budget $446,723 from Capital Fund to Road and Bridge (Reduce revenue for capital).
To transfer and budget $446,723 from Road and Bridge to the Capital Fund (Reduce capital outlay).
To transfer and budget $170,633 from Human Services to the Capital Fund (Reduce capital outlay).
To transfer and budget $170,633 from Capital Fund to the Human Services (Reduce revenue for capital).

The motion carried. 99-160

The Investment Plan was presented to the Board and discussed. After discussion, Commissioner More moved and Commissioner Landkamer seconded the motion to approve the Investment Plan for Blue Earth County.

The motion carried. 99-161

Commissioner Landkamer moved and Commissioner McLaughlin seconded the motion to adjourn the Board meeting at 3:38 p.m.

The motion carried. 99-162