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

April 21, 1998

The County Board of Commissioners met in the Commissioners' Room at 9:00 a.m. Present were Chairperson Alvis More, Commissioner Leon Tacheny, Commissioner Colleen Landkamer, Commissioner Al Bennett, Commissioner Lin Barnes, County Attorney Ross Arneson and County Administrator David Twa.

1. AGENDA REVIEW
Commissioner Tacheny moved and Commissioner Bennett seconded the motion to approve the amended Agenda to include a liquor license and a disaster declaration resolution. The motion carried. 98-149

2. COMMISSIONERS’ REPORTS ON COMMITTEES
The Commissioners reported on committees that they have attended since the last Board Meeting.

3. ADMINISTRATIVE SERVICES
Mr. David Twa, County Administrator, presented the following items for the Boards consideration.
Commissioner Bennett moved and Commissioner Barnes seconded the motion to approve the County Board Minutes of April 7, 1998. The motion carried. 98-150
Commissioner Barnes moved and Commissioner Landkamer seconded the motion to approve the following Bills:
Bills for Week of April 13-17, 1998
Grand Total $1,801,321.43
Bills for Week of April 20-24, 1998
Grand Total $802,858.38
The motion carried. 98-151
Commissioner Landkamer moved and Commissioner Bennett seconded the motion to approve the following Personnel items:
Employment of Kelly Harder, Adolescent Services Specialist (C42), with a starting salary of $17.47 per hour effective May 4, 1998. (Human Services)

The motion carried. 98-152
Commissioner Barnes moved and Commissioner Landkamer seconded the motion to approve the following resolution:

RESOLUTION
OF THE
BLUE EARTH COUNTY
BOARD OF COMMISSIONERS

WHEREAS, the 1998 session of the Minnesota State Legislature provided that the Board of County Commissioners of Blue Earth County may establish an economic development authority in the manner provided in Minnesota Statutes, section 469.090 to 469.1081, and

WHEREAS, the Blue Earth County economic development authority may exercise its authority for purposes of consolidating housing programs with the city of Mankato, and

WHEREAS, the Economic Development Authority is effective the day after the Blue Earth County Board’s approval is filed as provided in Minnesota Statutes, Section 645.021, subdivision 3,

NOW THEREFORE, IT IS HEREBY RESOLVED, that the County Board hereby accepts and approves Laws 1998, Chapter 389, the special law authorizing the County to establish an economic development authority in the manner provided in Minnesota Statues, section 469.090 to 469.1081.

The motion carried. 98-153

Commissioner Bennett moved and Commissioner Tacheny seconded the motion to approve the Phenix Manufacturing Development Agreements and the Environmental Indemnity Agreement and authorize the County Administrator to sign the agreements, also approve the Assessment Agreement and authorize the County Assessor and County Administrator to sign.
The motion carried. Commissioner Barnes abstained. 98-154
Commissioner Landkamer moved and Commissioner Bennett seconded the motion to approve the following Proclamation:
WHEREAS, the Minnesota Special Olympics Annual Softball Tournament will be held on Saturday, July 11, 1998 at the South Central Technical College Ball Fields; and,

WHEREAS, the Minnesota Veterans of Foreign Wars and its Ladies Auxiliary have sponsored the tournament for 17 years; and,

WHEREAS, the Minnesota Special Olympics allow the athletes to experience the excitement of competition, continued personal achievement, and recognition of their abilities; and,

WHEREAS, the lives of everyone involved including the athletes, coaches, volunteers, and spectators are enriched.

NOW, THEREFORE, BE IT RESOLVED that the Blue Earth County Board of Commissioners_hereby proclaim Saturday, July 11, 1998, as

"MINNESOTA SPECIAL OLYMPICS DAY!"

The motion carried. 98-155

The March Financial Status was presented to the Board as an informational item.

Commissioner Tacheny moved and Commissioner Bennett seconded the motion to approve a Combination Application for Retailer’s (On-Sale) (Off-Sale) 3.2 Malt Liquor License to Terrace View Golf Course, Highway 22 South, Decoria Township. The motion carried. 98-156

4. PLANNING AND ZONING
Mr. Veryl Morrell, Land Use & Natural Resources Administrator, Ms. Julie Conrad, Land Use & Natural Resources Planner and Mr. Bill Goeble, Land Use Specialist, presented the following Planning and Zoning items.
Commissioner Bennett moved and Commissioner Tacheny seconded the motion to set a hearing date for a request from Mr. Duane Bergemann to amend the Blue Earth County Land Use Ordinance, Section 12, Light Industrial District, to allow a restaurant/coffeeshop as a conditional use on May 19, 1998 at 9:30 a.m. in the Boardroom, Courthouse. The motion carried. 98-157
Commissioner Barnes moved and Commissioner Landkamer seconded the motion to set a hearing date for a request from Mr. Scott Shouts to Re-zone from Conservation Zone to Agricultural Zone approximately 11 acres in Section 13, Pleasant Mound Township to allow construction of a new 240 animal unit total confinement swine finishing facility and also rezone approximately 44 acres from Agricultural Zone to Conservation Zone in Section 13, Pleasant Mound Township on May 19, 1998 at 9:30 a.m. in the Boardroom, Courthouse. The motion carried. 98-158
Ms. Katy Wortel, Mankato Township, asked questions concerning the next item. Commissioner Barnes moved and Commissioner Landkamer seconded the motion to approve the following Conditional Use Permit:

RESOLUTION GRANTING A
CONDITIONAL USE PERMIT TO OPERATE A HAZARDOUS WASTE
STORAGE AND TRANSFER SITE IN SECTION 22, SOUTH BEND TOWNSHIP

WHEREAS, Dale Sweet, dba Mell’s Trucking and Solvent Inc., owner of the following real estate in the County of Blue Earth, Minnesota, to wit:

Lots One (1) and Two (2), Block Fifty-Two (52), South Bend Townsite; and that part of vacated Mann Street lying Southerly of a line drawn from the southwesterly corner of Lot Twelve (12), Block Fifty-Two (52), extended to the southeasterly corner of Lot Seven (7), Block Fifty-One (51), South Bend Townsite; and the south 1.50 feet of the 20 foot wide east-west alley lying northerly of and adjacent to Lots One (1) and Two (2) in Block Fifty-Two (52), according to the Remonumentation Plat of South Bend Townsite on file and of record with the Blue Earth County Recorder, Blue Earth County, Minnesota.

Together with an easement for ingress and egress over the easterly 25 feet of Lot Eleven (11), the southerly 25 feet of Lot Eleven (11), the southerly 25 feet of Lot Twelve (12) and the Southerly 25 feet of vacated Mann Street lying northerly of a line drawn from the southwesterly corner of Lot Twelve (12), Block Fifty-Two (52), extended to the southeasterly corner of Lot Seven (7), Block Fifty-One (51), South Bend Townsite. Pursuant to private roadway and utility easement agreement recorded as document #51076.

has applied for a Conditional Use Permit to intensify an existing trucking business to include the handling and storage of hazardous waste; and

WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC 20-98), a copy of said report has been presented to the County Board; and

WHEREAS, the Planning Commission of the County on the 15th day of April, 1998, 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:

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

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

3. That 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 with proper management 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 provided.

7. That adequate measures have been or will be taken to provide off-street parking and loading space to serve the proposed use.

8. That facilities are provided to eliminate any traffic congestion or traffic hazard which may result from the proposed use.

9. 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.

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

11. 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.

NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of Commissioners, that the request for a Conditional Use Permit, to operate a hazardous waste storage and transfer site in a Light Industrial District, is granted with the following conditions:
1. That the facility must be in operated in accordance with all County, State, and Federal regulations.

2. That the applicant report all spills to the MPCA in accordance with MPCA rules.

3. Any change in operation or use of the facility shall require review of the Conditional Use Permit. The applicant shall apply for a review of the Conditional Use Permit prior to any operational or construction changes involved with the proposed use.

4. That no hazardous waste shall be collected or brought to the site other than those transported by Mell’s Trucking and Solvent, Inc. Mell’s Trucking and Solvent, Inc. shall not accept waste from private individuals or firms at this site.

5. That either the well or outdoor hazardous waste substance area be moved to be in compliance with Minnesota Statute 1031.205, Subdivision 6, and Minnesota Department of Health Rules, Chapter 4725, which require a separation distance of 100 feet between the well and hazardous substance storage or preparation areas with safeguards.

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

7. The Conditional Use Permit shall be effective for a period of five years following County Board approval, until April 21, 2003. The applicant shall make application for review of the permit prior to March 1, 2003.

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

The motion carried. 98-159

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

RESOLUTION GRANTING A CONDITIONAL USE
PERMIT FOR BLUFF RESTORATION PONDEROSA
LANDFILL, SECTION 29, SOUTH BEND TOWNSHIP

WHEREAS, Blue Earth County, owner of the following tract of real estate in the County of Blue Earth, to wit:

Parcels 1 and 2:

All that part of the West 47 _ acres of the W _ SW 1/4 of Section 28 and the E _ SE 1/4 of Section 29 which lies easterly of the center line of the public road running between a point at the southwest corner of the E _ NE 1/4 of said section 29 and where the center line of said road strikes the South line of the SW 1/4 of said Section 28 about 30 rods easterly from the SW 1/4 of said Section 28, all in Township 108 Range 27, excepting therefrom the North 40 acres thereof and excepting therefrom that part of the West Half of the Southwest Quarter of Section 28, Township 108 North, Range 27 West, described as follows:
Commencing at a found 3/4" iron pipe survey monument designating the south quarter corner of Section 28; thence North 89 degrees 01' 49" West (assumed bearing) along the south line of the Southwest Quarter of Section 28, a distance of 1,694.22 feet to the southwest corner of the Spring Island Cemetery Association property recorded in Book 13 of Deeds, page 471, said point being the point of beginning; thence continuing North 89 degrees 01' 49" West along the south line of the Southwest Quarter of Section 28 a distance of 497.00 feet; thence North 02 degrees 24' 37" East 758.16 feet; thence North 83 degrees 32' 12" East, 367.84 feet to a point on the westerly line of the property recorded in Book V of Deeds, page 571, said point being 1819.44 feet southerly of the northwesterly corner of said property as measured along its westerly boundary; thence South 02 degrees 00' 56" East along the westerly line of the property recorded in Book V of Deeds, page 571, a distance of 579.66 feet; thence South 89 degrees 01' 49" East, and parallel with the south line of the Southwest Quarter of Section 28, a distance of 88.41 feet to the point of intersection with a line which bears North 02 degrees 20' 17" East from the point of beginning; thence South 02 degrees 20' 17" West and parallel with the east line of the West Half of the Southwest Quarter of Section 28 a distance of 226.70 feet to the point of beginning.

Parcel 8 and part of 9:

That portion of the West 47 _ acres of the W _ SW 1/4 of Sec. 28 and of the E _ SE 1/4 of Sec. 29 which lies westerly of the center line of the Public road between a point at the Southwest corner of the E _ NE 1/4 of Sec. 29 and a point where the center line of said road intersects the section line running East and West between Secs. 28 and 33. Also Government Lot 7 in said Sec. 32 and the North 12 acres of the NE 1/4 NE 1/4 of Sec. 32 all in Twp. 108, of Rge. 27.

has applied for a Conditional Use Permit to restore the bluff to a 3 to 1 slope in a 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 21-98), a copy of said report has been presented to the County Board; and

WHEREAS, the Planning Commission of the County on the 15th day of April, 1998, following proper notice held a public hearing regarding the request and, following the hearing, adopted a recommendation that the request be granted; and

WHEREAS, the Blue Earth County Board of Commissioners finds:

1. The bluff stabilization does conform with the County Land Use Plan.

2. The bluff restoration is needed for bank stabilization and erosion control.

3. With proper erosion control measures, the bluff restoration will not degrade the water quality of the County.

4. With proper management, the bluff restoration will not adversely increase the quantity of water run-off.

5. With proper erosion control measures, the soil conditions are adequate to accommodate the proposed use.

6. The bluff restoration does not create a potential pollution hazard.

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

8. Facilities will be provided to eliminate any traffic hazard which may result from the proposed use.

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

10. The bluff restoration 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 restore a bluff to a 3 to 1 slope in an Agricultural District is granted with the following conditions:

1. Bluff restoration shall be implemented in accordance with the Bluff Restoration Plan prepared for the Ponderosa Sanitary Landfill in April 1996.

2. Erosion control structures and materials shall be in place prior to site preparation and until vegetation is established on restoration site.

3. The Blue Earth County Environmental Services Department shall ensure that erosion control structures and materials be inspected and necessary repairs made after every rain event and prior to Spring thaw, as stated in the Bluff Restoration Plan.

4. Topsoil shall be not be handled when frozen or muddy, as stated in the Bluff Restoration Plan.

5. Existing, natural vegetation shall be preserved as much as practicable in undisturbed areas of the bluff.

6. The slope shall not be steeper in grade than three (3) feet horizontal to one (1) foot vertical.

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

The motion carried. 98-160

Commissioner Bennett moved and Commissioner Tacheny 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 1,600 A.U.
LOCATED IN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER SECTION 18, CERESCO TOWNSHIP

WHEREAS, David and Terry Petterson, owner of the following real estate in the County of Blue Earth, Minnesota, to wit:

The Southwest Quarter Section 18, T.106.N - R.29.W, Except that part beginning at the Northwest corner of the Southwest Quarter, South 560 feet thence East 731.23 feet, thence North 573 feet, thence West 731 feet to the point of beginning;

has applied for a Conditional Use Permit to construct four total confinement swine barns in an A, Agricultural Zoning District; and

WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC 22-98 ), a copy of said report has been presented to the County Board; and

WHEREAS, the Planning Commission of the County on the 15th day of April, 1998, 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 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.

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 Agricultural Zoning District, is granted with the following conditions:
1. That the total confinement barns, conform with the site plan attached to this report PC 22-98.

2. That the feedlot, including all buildings and the proposed building, be located on a single, legally described parcel consisting of a minimum of forty 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 nine months 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 nine month 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 the applicant obtain a Department of Natural Resources, “Water Appropriations Permit” before any animals are placed in the proposed barns.

6. 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).

7. 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 22-98.

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.

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

The motion carried. 98-161

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

RESOLUTION GRANTING A
CONDITIONAL USE PERMIT TO CONSTRUCT ONE TOTAL CONFINEMENT SWINE BARNS EXPANDING AN EXISTING FEEDLOT OF 600 A.U. TO 840 A.U.
LOCATED IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER SECTION 30, CERESCO TOWNSHIP

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

The Northwest Quarter of the Northwest Quarter Section 30, T.106N. - R.29W.,

has applied for a Conditional Use Permit to construct one total confinement swine barn in an A, Agricultural Zoning District; and

WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC 23-98 ), a copy of said report has been presented to the County Board; and

WHEREAS, the Planning Commission of the County on the 15th day of April, 1998, 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 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.

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 Agricultural Zoning District, is granted with the following conditions:
1. That the total confinement barn, conforms with the site plan attached to this report PC 23-98.

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 nine months 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 nine month 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 23-98.

7. That the disposal of dead animals be consistent with the Minnesota Board of Animal Health regulations.

8. That the applicant provide an enclosed location for the pick up of dead animals before any animals are placed in the proposed barn.

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.

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

The motion carried. 98-162

Ms. Katy Wortel, Mankato Township, asked questions in regards to the next item. Commissioner Bennett moved and Commissioner Tacheny seconded the motion to approve the following:

RESOLUTION GRANTING A
CONDITIONAL USE PERMIT TO CONSTRUCT ONE TOTAL CONFINEMENT SWINE BARNS EXPANDING AN EXISTING FEEDLOT OF 384 A.U. TO 768 A.U.
LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER SECTION 13, GARDEN CITY TOWNSHIP

WHEREAS, Brandts Hog Farms Inc., owner of the following real estate in the County of Blue Earth, Minnesota, to wit:

The Southwest Quarter of Section 13, Township 107 North, Range 28 West, except the west One-half of the West One-half of the said Southwest Quarter and except a tract of land within the east One-half of said Southwest Quarter described as follows:

Commencing at the Northeast corner of the East One-half of the Southwest Quarter of Section 13, Township 107 North, Range 28 West; thence South, along the East line of the Southwest Quarter of said Section 13, 1744.82 feet; thence North 89 degrees 38 minutes west, 389.67 feet; thence North 84 degrees 27 minutes West, 177.05 feet; thence North 80 degrees 56 minutes West, 340.0 feet; thence North 19 degrees 34 minutes East, 143 feet, thence North 29 degrees 26 minutes East, 282.00 feet; thence North 13 degrees 36 minutes West, 106.30 feet; thence North 25 degrees 37 minutes East, 333.06 feet; thence North 34 degrees 58 minutes West, 326.00 feet; thence North 15 degrees 11 minutes West, 95.00 feet; thence North 53 degrees 02 minutes West, 246.00 feet; thence North 15 degrees 46 minutes West, 92.26 feet; thence North 48 degrees 26 minutes East, 34.00 feet; thence South 89 degrees 14 minutes East, 37.00 feet; thence South 55 degrees 36 minutes East, 103.00 feet, thence North 25 degrees 37 minutes East, 730 feet to the North line of the East One-half of the Southwest Quarter or said Section 13; thence North 89 degrees 04 minutes East, along said North line, 143.40 feet to the point of beginning.

has applied for a Conditional Use Permit to construct one total confinement swine barn in an A, Agricultural Zoning District; and

WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC 24-98 ), a copy of said report has been presented to the County Board; and

WHEREAS, the Planning Commission of the County on the 15th day of April, 1998, 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.

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 Agricultural Zoning District, is granted with the following conditions:
1. That the total confinement barn, conforms with the site plan attached to this report PC 24-98.

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 nine months 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 nine month 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 the applicant obtain a Department of Natural Resources, “Water Appropriations Permit” before any animals are placed in the proposed barn.

6. 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).

7. 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 24-98.

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.

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

The motion carried. 98-163

Public comments were heard from Mr. Paul Brandt, applicant; Mr. Kim Van Sickle, Garden City; Ms. Katy Wortel, Mankato Township and Ms. Lorraine Zarn, Amboy;
After discussion Commissioner Bennett moved and Commissioner Barnes seconded the motion to approve the following:

RESOLUTION GRANTING A
CONDITIONAL USE PERMIT TO CONSTRUCT TWO TOTAL CONFINEMENT SWINE BARNS CREATING A NEW FEEDLOT OF 768 A.U.
LOCATED IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER SECTION 25, GARDEN CITY TOWNSHIP

WHEREAS, Brandts Hog Farms Inc., owner of the following real estate in the County of Blue Earth, Minnesota, to wit:

The South Half of the Southeast Quarter and the Southwest Quarter all in Section 25, T. 107. N - R. 28. W: Subject to existing highways, easements, and rights of way of record. The above described premises contains 240 acres, more or less.

has applied for a Conditional Use Permit to construct two total confinement swine barns in an A, Agricultural Zoning District; and

WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC 25-98 ), a copy of said report has been presented to the County Board; and

WHEREAS, the Planning Commission of the County on the 15th day of April, 1998, following proper notice, held a public hearing regarding the request; 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 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.

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 two total confinement swine barns in an Agricultural Zoning District, is granted with the following conditions:
1. That the two total confinement barns (41 feet x 208 feet), be set back a minimum of 330 feet from County Road 34.

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 barns.

4. That the applicant obtain a Blue Earth County Construction Permit before building begins and within nine months 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 nine month 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 the applicant obtain a Department of Natural Resources, “Water Appropriations Permit” before any animals are placed in the proposed barns.

6. 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).

7. 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 25-98.

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.

11. That a vegetative windbreak design plan be approved by Blue Earth County Environmental Services Department prior to construction of the barns.
12. That no further expansion will be allowed at this feedlot or on this acreage described in the legal description contained in this Resolution.

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

The motion carried. 98-164

Ms. Katy Wortel, Mankato Township, asked questions concerning the next item.
Commissioner Tacheny moved and Commissioner Bennett seconded the motion to approve the following Conditional Use Permit:

RESOLUTION GRANTING A
CONDITIONAL USE PERMIT TO CONSTRUCT TWO TOTAL CONFINEMENT SWINE BARNS EXPANDING AN EXISTING FEEDLOT OF 244 A.U. TO 644 A.U.
LOCATED IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER SECTION 9, BEAUFORD TOWNSHIP

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

The North half of the Southeast Quarter Section 09, T.106.N - R.26.W;

has applied for a Conditional Use Permit to construct two total confinement swine barns in an C, Conservation 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 26-98 ), a copy of said report has been presented to the County Board; and

WHEREAS, the Planning Commission of the County on the 15th day of April, 1998, 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 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.

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 C, Conservation 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 two total confinement swine barns in an Conservation Zoning District, is granted with the following conditions:
1. That the total confinement barns, conform with the site plan attached to this report PC 26-98.

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 barns.

4. That the applicant obtain a Blue Earth County Construction Permit before building begins and within nine months 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 nine month 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 the applicant obtain a Department of Natural Resources, “Water Appropriations Permit” before any animals are placed in the proposed barns.

6. 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).

7. 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 26-98.

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.

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

The motion carried. 98-165

Pursuant to publication, a public hearing was held to hear a request from Mr. Larry Minkel to amend the Blue Earth County Official Zoning Map from the Rural Residential District to the Agricultural District and the Conservation District, Section 10, Beauford Township. The public hearing was opened for public comments by Chairperson More at 10:00 a.m., April 21, 1998. No members of the public were present.
Commissioner Tacheny moved and Commissioner Bennett seconded the motion to approve the following:

RESOLUTION GRANTING AN AMENDMENT TO THE
BLUE EARTH COUNTY OFFICIAL ZONING MAP FROM THE RURAL RESIDENTIAL DISTRICT TO THE AGRICULTURAL DISTRICT AND THE CONSERVATION DISTRICT SECTION 10, BEAUFORD TOWNSHIP

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

The North 30 acres of the Northeast Quarter of the Northwest Quarter, excepting therefrom the West 125 feet of the North 175 feet of the North 60 rods of said Northeast Quarter of the Northwest Quarter, all situate in Section 10, Township 106 North, Range 26 West.

has applied for an amendment to the Blue Earth County Official Zoning Map from the Rural Residential District to the Agricultural district in the North 15 Acres of the Northeast Quarter of the Northwest Quarter Section 10, Beauford Township, and to the Conservation District in the South 15 Acres of the Northeast Quarter of the Northwest Quarter Section 10, Beauford Township; and

WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC 09-98 ), a copy of said report has been presented to the County Board; and

WHEREAS, the Planning Commission of the County on the 4th day of March 1998, following proper notice, held a public hearing regarding the request and, following the hearing, adopted a recommendation that the request for an amendment to the Blue Earth County Official Zoning Map be granted; and

WHEREAS, the Blue Earth County Board of Commissioners finds that:

1. The map amendment is consistent with the County Land Use Plan.

2. The map amendment will make the existing land uses on the property conforming uses in the Agricultural and Conservation Zoning Districts.

3. The map amendment will establish a buffer between the Big Cobb River and the Agricultural District.

4. The map amendment will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted.

5. The map amendment will not impede the normal and orderly development and improvement of surrounding vacant property for predominant uses in the area.
NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of Commissioners, that the request for a map amendment to the Blue Earth County Official Zoning Map from Rural Residential to the Agricultural and the Conservation Zoning Districts, is granted.

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

The motion carried. Chairperson More officially closed the public hearing at 10:05 a.m., April 21, 1998. A transcript of this hearing is on file at the County Administrator’s Office, Courthouse, Mankato, MN. 98-166

5. HEALTH INSURANCE BIDS

Ms. Cheryl Reed, Benefits Manager and Ms. Joan Groetchen, Benefits Analyst, for Meadowbrook Insurance Group, gave a bid analysis on medical benefit options for the County.

6. PUBLIC WORKS
Mr. Al Forsberg, Public Works Director, presented the following Public Works 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: Bituminous Surfacing & Aggregate Shoulders
BIDDERS: AMOUNT OF BID:
Southern Minnesota Construction, Mankato, MN $1,434,438.25
H.R. Loveall Construction, Winnebago, MN $1,426,662.00
Commissioner Bennett moved and Commissioner Barnes seconded the motion to accept the low bid of $1,426,662.00 from H.R. Loveall Construction, Winnebago, MN. The motion carried. 98-167
Commissioner Bennett moved and Commissioner Barnes seconded the motion to approve the following resolution:

BLUE EARTH COUNTY
BOARD OF COMMISSIONERS
RESOLUTION IN SUPPORT OF
CAMBRIA TOWNSHIP
TORNADO DISASTER DECLARATION

WHEREAS, CAMBRIA TOWNSHIP has sustained severe losses of major proportions caused by a tornado on the date of Sunday, March 29, 1998; and

WHEREAS, CAMBRIA TOWNSHIP is a public entity within the County of Blue Earth, State of Minnesota; and

WHEREAS, CAMBRIA TOWNSHIP has sustained substantial damage to its township roads, bridges, and infrastructure; and

WHEREAS, CAMBRIA TOWNSHIP damages are high in relationship to the resources available to the Township;

NOW THEREFORE, IT IS HEREBY RESOLVED, that the County of Blue Earth supports a redetermination by FEMA to declare CAMBRIA TOWNSHIP a major disaster area as it relates to the Public Assistance (Infrastructure Support) portion of Public Law.

BE IT FURTHER RESOLVED that the County Emergency Management Director is authorized to coordinate the damage survey teams with local government, and assist in the administration of the disaster recovery process, as needed.

The motion carried. 98-168

7. HUMAN SERVICES
Mr. Dennis McCoy, Deputy Administrator, presented the following items for the Boards consideration.
Commissioner Landkamer moved and Commissioner Bennett seconded the motion to approve the following Human Service items:
Approval of an addendum to a waivered service contract for Karrington Health, Inc., which provides services under the Medical Assistance Waivered Service Program. This addendum to the contract will expand the services they can provide under this agreement through the end of 1998.

Approval of an agreement as the fiscal agent for the South Central Children’s Project of a Family Service Collaborative Grant application on behalf of the Minnesota Valley Regional Library. This grant is designed to expand Bookmobile services in Mankato and North Mankato to day-care homes, preschools, and families in special summer recreational areas in parks. The project dates are May 1998 through April 1999 in the amount of $29,250.00. The Children’s Project is a pass-through agency for these funds.

The motion carried. 98-169

The meeting recessed at 12:10 p.m.
The meeting reconvened at 1:30 p.m.

8. HUMAN SERVICES WORKSHOP

Mr. Dennis McCoy, Deputy Administrator and Mr. Paul Schuster, Chairperson for the Human Services Advisory Committee presented Human Service items for the workshop.

9. COUNTY DITCH #35
REDETERMINATION OF BENEFITS

Pursuant to publication, a Public Final Hearing was held for the Redetermination of Benefits of County Ditch #35. The Blue Earth County Board of Commissioners, acting as the Drainage Authority pursuant to M.S. 103E.005, Subdivision 9, held a Final Hearing at the Blue Earth County Courthouse on April 21, 1998. The Public Hearing was open for public comments by Chairperson Alvis More at 3:30 p.m.
Officials present included County Administrator/Acting Land Records Director David Twa, County Attorney Ross Arneson, and Ditch Manager Jerry Kallheim. A listing of others present is included as a part of the Public Record. The proceedings were tape-recorded.
Mr. Jerry Kallheim, Ditch Manager, verified that all Jurisdictional Documents and Notices are in order.
The Ditch Viewers report was presented by Mr. Tom Behrends, Albert Lea. A copy of the report has been filed.
All parties present were given an opportunity to express their concerns and opinions. Public comments were heard from: Mr. Warren Proehl; Mr. Les Mutch; Mr. Richard O’Rourke, MnDot; Mr. Marvin Jaeger, Mr. Wilmer Walters and Viewers Mr. Lowell Ross and Mr. Obert Haldorson.
After discussion, the County Board made the following findings:
1. The detailed Viewers’ Report has been made and under other proceedings completed under Minnesota Statues 103E.

2. The reports made or amended are complete and correct.

3. The damages and benefits have been properly determined.

Commissioner Linley Barnes moved and Commissioner Al Bennett seconded the motion to adopt and confirm the Viewers’ Report as made and establish the benefits on County Ditch #35 as redetermined. These findings will be filed with the County Administrator/Acting Land Records Director. Chairperson More closed the public hearing at 4:14 p.m. The motion carried. 98-170
Commissioner Bennett moved and Commissioner Landkamer seconded the motion to adjourn the Board Meeting at 4:15 p.m. The motion carried. 98-171

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4-21-98

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