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OFFICIAL PROCEEDINGS OF THE BOARD OF COMMISSIONERS
BLUE EARTH COUNTY, MINNESOTA
April 22, 1997
The County Board of Commissioners met in the Commissioners'
Room at 9:00 a.m. Present were Chairperson Lin Barnes,
Commissioner Leon Tacheny, Commissioner Colleen Landkamer,
Commissioner Al Bennett, Commissioner Alvis More, County Attorney
Ross Arneson and County Administrator David Twa.
1. AGENDA REVIEW
Commissioner Landkamer moved and Commissioner Bennett
seconded the motion to approve the amended Agenda to include an
additional abatement and a liquor license to Mankato Labor
Temple. The motion carried. 97-137
2. COMMISSIONER'S REPORTS ON COMMITTEES
The Commissioners reported on committees that they have
attended since the last Board Meeting.
3. ADMINISTRATIVE SERVICES
Mr. Bob Smith, Chief Deputy Sheriff, updated the Board on
the damage that occurred from flooding. Commissioner Landkamer
moved and Commissioner Bennett seconded the motion to approve the
following resolution: RESOLUTION
REQUESTING A PRESIDENTIAL DECLARATION
OF A MAJOR DISASTER
WHEREAS, the County of Blue Earth, Minnesota has
sustained severe flood damage losses of a major
proportion brought on by excessive spring snowmelt and
rainfall.
WHEREAS, Blue Earth County is a public entity within
the State of Minnesota; and
WHEREAS, the following conditions exist in Blue Earth
County as a result of the disaster. Damage to public
and private properties along with agricultural damage
in unknown amounts, exceeding a million dollars;
NOW, THEREFORE BE IT RESOLVED that the Board of Blue
Earth County Commissioners, for, and on behalf of the
citizens of Blue Earth County, request the Governor of
the State of Minnesota to petition the President of the
United States to declare the County of Blue Earth,
Minnesota to be a major disaster area through
appropriate channels; and,
BE IT FURTHER RESOLVED, that this request is for both
the public assistance program and the individual
assistance program as offered through Public Law 93-288; and,
BE IT FURTHER RESOLVED that the Blue Earth County
Emergency Management Director is authorized to
coordinate the damage survey teams and assist in the
administration of the disaster recovery process as
needed.
The motion carried. 97-138
5. PLANNING & ZONING
Mr. Veryl Morrell, Land Use & Natural Resources
Administrator and Ms. Julie Conrad, Land Use & Natural Resources
Planner, presented the following items for the Boards
consideration.
Commissioner More moved and Commissioner Tacheny seconded
the motion to approve the following:
RESOLUTION GRANTING A 12 MONTH EXTENSION OF TIME
TO CONSTRUCT A RUN-OFF CONTROL BASIN
SECTION 5, MAPLETON TOWNSHIP
WHEREAS, Duncanson's Farms, Inc., owner of the following
real estate in the County of Blue Earth, Minnesota, to wit:
West 11 acres of the Southeast Quarter of the Northeast Quarter
and the Southwest Quarter of the Northeast Quarter except 3.13
acres and 2.89 acres highway Section 5, Mapleton Township, T105N
- R26W,
has applied for a 12 month extension of time for a Conditional
Use Permit granted by the Blue Earth County board of
Commissioners on January 23, 1996, to expand an existing storm
water run-off control basin in an Agricultural Zoning District.
WHEREAS, the Blue Earth County Land Use Administrator has
granted one six month extension of time, from October 23, 1996,
to April 23, 1997; and,
WHEREAS, the Planning Agency of the County has completed a
review of the application and made a report to said request (CO
02-96), a copy of said report has been presented to the County
Board; and,
WHEREAS, the Planning Commission of the County on the 2nd
day of April, 1997, held a public hearing regarding the request
and, following the hearing, adopted a recommendation that the
request for a 12 month extension of time be granted effective
until April 23, 1998; and,
WHEREAS, the Resolution which granted the original
Conditional Use Permit set forth the conditions under which the
Conditional Use Permit was granted.
NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board
of Commissioners, that the request for a 12 month extension of
time until April 23, 1998, to expand an existing storm water run-off control basin in an Agricultural Zoning District, is granted
subject to conditions set forth in the original conditional Use
Permit granted on January 23, 1996 (CO 02-96).
This resolution shall become effective immediately upon it's
passage and without publication.
The motion carried. 97-139
Commissioner Bennett 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
SECTION 01, BUTTERNUT VALLEY TOWNSHIP
WHEREAS, John Engles, owner of the following real estate in
the County of Blue Earth, Minnesota, to wit:
That part of the South Half of Section 1, Township 108
North Range 29 West, Blue Earth County, Minnesota, describes as:
Commencing at the East Quarter corner of Section 1, thence South
90 degrees 00 minutes 00 seconds West, (assumed bearing), along
the East - West center line of Section 1 a distance of 2214 feet
to the point of beginning; thence continuing South 90 degrees 00
minutes 00 seconds West, along said East - West centerline, the
same being the centerline of the Township Road, 462 feet; thence
South 00 degrees 00 minutes 00 seconds West, 1040 feet; thence
North 90 degrees 00 minutes 00 seconds East, 462 feet; thence
North 00 degrees 00 minutes 00 seconds East, 1040 feet to the
point of beginning.
has applied for a Conditional Use Permit to build one total
confinement swine barn in an A, Agriculture Zoning District; and
WHEREAS, the Planning Agency of the County has completed a
review of the application and made a report pertaining to said
request (PC 10-97 ), a copy of said report has been presented to
the County Board; and
WHEREAS, the Planning Commission of the County on the 2nd
day of April, 1997, 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 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 a total confinement swine barn at an existing
swine facility 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 10-97.
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 a Certificate of Compliance be issued before a Blue
Earth County Construction Permit is issued.
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 Blue Earth County Feedlot Permit
before animals are placed in the barn.
6. That the applicant obtain a Department of Natural Resources,
"Water Appropriations Permit" before any animals are placed
in the proposed barn.
7. 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).
8. 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 10-97.
9. That the disposal of dead animals be consistent with the
Minnesota Board of Animal Health regulations.
10. That the applicant provide an enclosed location for the pick
up of dead animals before any animals are placed in the
proposed barn.
11. 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. 97-140
Commissioner Bennett moved and Commissioner Tacheny seconded
the motion to approve the following Conditional Use Permit:
RESOLUTION GRANTING A
CONDITIONAL USE PERMIT
TO BUILD A TOTAL CONFINEMENT SWINE BARN
SECTION 30, CERESCO TOWNSHIP
WHEREAS, Dennis Arduser, owner of the following real estate
in the County of Blue Earth, Minnesota, to wit:
Northwest Quarter of the Northwest Quarter, Section 30,
Ceresco Township, T.106N.-R.29W.,
has applied for a Conditional Use Permit to construct one total
confinement swine barn 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-11-97 ), a copy of said report has been presented to
the County Board; and
WHEREAS, the Planning Commission of the County on the 2nd
day of April, 1997, 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 a total confinement swine barn at an existing
swine facility 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 11-97.
2. That the new barn, 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 a Certificate of Compliance Permit be issued before a
Blue Earth County Construction Permit is issued.
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 Blue Earth County Feedlot Permit
before animals are placed in the barn.
6. That the applicant obtain a Department of Natural Resources,
"Water Appropriations Permit" before any animals are placed
in the proposed barn.
7. 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).
8. 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 11-97.
9. That the disposal of dead animals be consistent with the
Minnesota Board of Animal Health regulations.
10. That the applicant provide an enclosed location for the pick
up of dead animals before any animals are placed in the
proposed barn.
11. 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. 97-141
Commissioner More moved and Commissioner Tacheny seconded
the motion to approve the following:
RESOLUTION GRANTING A
CONDITIONAL USE PERMIT
TO EXPAND AN EXISTING FEEDLOT
SECTION 14, LE RAY TOWNSHIP
WHEREAS, Michael Wolff, owner of the following real estate
in the County of Blue Earth, Minnesota, to wit:
The Southeast Quarter of the Southwest Quarter and the West 25 acres of
the South Half of the Southeast Quarter, all in Section Fourteen,
Township One Hundred Eight North, Range Twenty-five West, Blue Earth
County, MN, EXPECT: Commencing at the Northwest corner of the Southeast
Quarter of the Southwest Quarter, in Section Fourteen, Township One
Hundred Eight North, Range Twenty-five West, Blue Earth County,
Minnesota, thence East along the North line of said Southeast Quarter of
the Southwest Quarter a distance of 680 feet; thence South along a line
parallel with the West line of said Southeast Quarter of the Southwest
Quarter a distance of 320 feet; thence West along a line parallel with
said North line of the Southeast Quarter of the Southwest Quarter a
distance of 680 feet to the West line of said Southeast Quarter of the
Southwest Quarter; thence North along said West line of the Southeast
Quarter of the Southwest Quarter a distance of 320 feet, to the place of
beginning; containing 5.00 acres, more or less.
have applied for a Conditional Use Permit to expand an existing
feedlot in an A, Agriculture Zoning District; and
WHEREAS, the Planning Agency of the County has completed a
review of the application and made a report pertaining to said
request (PC 12-97), a copy of said report has been presented to
the County Board; and
WHEREAS, the Planning Commission of the County on the 2nd
day of April, 1997, 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 expand an existing total confinement swine facility
with three 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 12-97.
2. That the feedlot, including all 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 a Certificate of Compliance be issued before a Blue Earth
County Construction Permit is issued.
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 Blue Earth County Feedlot Permit
before animals are placed in the barns.
6. That the applicant obtain a Department of Natural Resources,
"Water Appropriations Permit" before any animals are placed
in the proposed barns.
7. 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).
8. 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 12-97.
9. That the disposal of dead animals be consistent with the
Minnesota Board of Animal Health regulations.
10. That the applicant provide an enclosed location for the pick
up of dead animals before any animals are placed in the
proposed barns.
11. 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. Commissioner Bennett voted nay. 97-142
Commissioner Tacheny moved and Commissioner Bennett seconded
the motion to approve the following Conditional Use Permit:
RESOLUTION GRANTING A
CONDITIONAL USE PERMIT
TO CONSTRUCT ONE TOTAL CONFINEMENT CATTLE BARN
SECTION 15, RAPIDAN TOWNSHIP
WHEREAS, Roger Matzke, owner of the following real estate in
the County of Blue Earth, Minnesota, to wit:
South Half, of the Southwest Quarter, of Section 15,
Rapidan Township, T.107N.-R.27W.,
has applied for a Conditional Use Permit to build one total
confinement cattle barn in an A, Agriculture Zoning District;
and
WHEREAS, the Planning Agency of the County has completed a
review of the application and made a report pertaining to said
request (PC 13-97 ), a copy of said report has been presented to
the County Board; and
WHEREAS, the Planning Commission of the County on the 2nd
day of April, 1997, 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 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 replace a partial confinement cattle barn with a total
confinement cattle 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 13-97.
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 a Certificate of Compliance be issued before a Blue
Earth County Construction Permit is issued.
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 Blue Earth County Feedlot Permit
before animals are placed in the barn.
6. That the applicant obtain a Department of Natural Resources,
"Water Appropriations Permit" before any animals are placed
in the proposed barn.
7. 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).
8. 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 13-97.
9. That the disposal of dead animals be consistent with the
Minnesota Board of Animal Health regulations.
10. That the applicant provide an enclosed location for the pick
up of dead animals before any animals are placed in the
proposed barn.
11. That adequate measures be taken to minimize or control
offensive odor, fumes, dust, noise,
This resolution shall become effective immediately upon its
passage and without publication.
The motion carried. 97-143
CONTINUED . . . . . . . . .From: BLOEMKE@blue.usa.com (Bloemke, Jody) To: BBSBLU1@blue.usa.com
CC: yvonne@ic.mankato.mn.us
Subject: Part 2 April 22 1997 Board Minutes Date: Wed, 28 May 97 11:30:01 -0400
Mime-Version: 1.0
CONTINUED . . . . . . . . . .
OFFICIAL PROCEEDINGS OF THE BOARD OF
COMMISSIONERS, BLUE EARTH COUNTY, MINNESOTA
April 22, 1997
Commissioner More moved and Commissioner Landkamer seconded
the motion to approve the following:
RESOLUTION GRANTING A CONDITIONAL USE PERMIT
TO TRANSFER OF DEVELOPMENT RIGHTS
FROM SECTION 10, McPHERSON TOWNSHIP
TO SECTION 9, McPHERSON TOWNSHIP
WHEREAS, Orville Youngerberg and Todd Youngerberg, have
applied for a Conditional Use Permit to Transfer Development
Rights from the following quarter-quarter section:
the Northwest Quarter of the Southwest Quarter of Section
10, McPherson Township, owned by Orville Youngerberg,
to an adjacent quarter-quarter section:
the Northeast Quarter of the Southeast Quarter of Section 9,
McPherson Township owned by Todd Youngerberg and Orville
Youngerberg; and
WHEREAS, the Planning Agency of the County has completed a
review of the application and made a report pertaining to said
request (PC 14-97 ), a copy of said report has been presented to
the County Board; and
WHEREAS, the Planning Commission of the County on the 5th
day of March, 1997, 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 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 the 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
provided.
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
predominant uses in the area.
9. That the density of proposed residential development is
not greater than the density of the surrounding
neighborhood or not greater than the density indicated
by the 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 Transfer Development Rights, is granted contingent
upon 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. 97-144
Commissioner More moved and Commissioner Bennett seconded
the motion to approve the following Conditional Use Permit:
RESOLUTION GRANTING A
CONDITIONAL USE PERMIT
FOR TEMPORARY USE OF A MANUFACTURED HOME
SECTION 9, McPHERSON TOWNSHIP
WHEREAS, Todd and Kim Youngerberg, owners of the following
real estate in the County of Blue Earth, Minnesota, to wit:
All that part of the Northeast Quarter (NE1/4) of the
Southeast (SE1/4) in Section Nine (9), in Township 107,
Range 25 West, Blue Earth County, Minnesota, lying and
being West of the center line of County Ditch Number 26;
EXCEPT,
Commencing at the Northwest (NW1/4) corner of said
Northeast (NE1/4) Quarter of the Southeast (SE1/4)
Quarter, thence South along the West line of said
Northeast (NE1/4) Quarter of the Southeast (SE1/4)
Quarter, a distance of 514 feet; thence East along a
line parallel with the North line of said Northeast
(NE1/4) Quarter of the Southeast (SE1/4) Quarter a
distance of 212 feet; thence North along a line
parallel with the West line of said Northeast Quarter
(NE1/4) of the Southeast (SE1/4) a distance of 514
feet, more or less, to the North line of said Northeast
Quarter (NE1/4) of the Southeast (SE1/4) Quarter;
thence West along said North line a distance of 212
feet, more or less, to the point of beginning, said
exception containing 2.5 acres, more or less,
containing 22 acres, more or less, and being subject to the
road right of way across the North line thereof.
have applied for a Conditional Use Permit for temporary use of a
mobile home in a 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 15-97), a copy of said report has been presented to
the County Board; and
WHEREAS, the Planning Commission of the County on the 5th
day of March 1997, 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 proposed use conforms with the County Land Use
Plan.
2. That 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 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 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
predominant uses in the area.
9. That the density of proposed residential development is
not greater than the density of the surrounding
neighborhood or not greater than the density indicated
by the applicable Zoning District.
NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board
of Commissioners, that the request for a Conditional Use Permit,
in a Conservation Zoning District is granted contingent upon the
following conditions:
1. The applicant shall obtain a Blue Earth County
Construction Permit prior to placing the mobile home on
the property.
2. The manufactured home shall be installed in conformance
with State of Minnesota manufactured home installation
requirements.
3. The applicant shall obtain a Blue Earth County
Construction Permit if any building is proposed on the
property.
4. That the portion of the property occupied by the septic
system drain field is not used for crop production and
that vegetative cover which requires no use of heavy
equipment is established by October 1, 1997. This area
is described as the full width of the parcel from the
township road south 250 feet.
5. That any change in the use from that stated on the
permit shall be cause for review and at which time the
permit may be continued, modified or terminated.
6. That the Conditional Use Permit shall be valid for
temporary use of the manufactured home for a period of
up to five years, until April 22, 2002, before which
time the permit shall be reviewed and may be continued,
modified, or terminated.
7. That the applicant shall report any problems or sign of
malfunction with the septic system to the Environmental
Services Department within 48 hours.
8. That the applicant shall contract with a licensed, on-site sewage system contractor for a
certificate of compliance for the on-site sewage treatment system by July 1, 1997.
9. That the applicant shall remove and properly dispose of
the manufactured home within 60 days of the permanent
home being ready for occupancy.
10. That the applicant shall contract with a licensed, on-site sewage system contractor for
design and
installation of an on-site sewage treatment meeting
State rules or applicable codes at the time a new or
replacement dwelling is constructed on the property.
This resolution shall become effective immediately upon its
passage and without publication.
The motion carried. 97-145
Commissioner Tacheny moved and Commissioner Bennett seconded
the motion to approve the following:
RESOLUTION GRANTING A
CONDITIONAL USE PERMIT
TO BUILD A TOTAL CONFINEMENT SWINE FACILITY
SECTION 20 & 29 LYRA TOWNSHIP
WHEREAS, Karl Duncanson, owner of the following real estate
in the County of Blue Earth, Minnesota, to wit:
The Southeast Quarter of the Southeast Quarter Section
20, and the Northeast Quarter of the Northeast Quarter
Section 29, Lyra Township, T. 106 N.- R. 27 W.,
have applied for a Conditional Use Permit to build a total
confinement swine facility in an A, Agriculture Zoning District;
and
WHEREAS, the Planning Agency of the County has completed a
review of the application and made a report pertaining to said
request (PC 16-97 ), a copy of said report has been presented to
the County Board; and
WHEREAS, the Planning Commission of the County on the 2nd
day of April, 1997, 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 facility 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 facility 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 a total confinement swine facility in an Agriculture Zoning
District, is granted with the following conditions:
1. That the total confinement swine facility, conforms with the
site plan attached to this report PC 16-97.
2. That the proposed facility, including all buildings, 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. In the event that the proposed barn is
split off as a separate parcel, that parcel must contain a
minimum of ten contiguous acres and be properly recorded in
the Blue Earth County Land Records Office.
3. That a Certificate of Compliance Permit be issued before a
Blue Earth County Construction Permit is issued.
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 Blue Earth County Feedlot Permit
before animals are placed in the barn.
6. That the applicant obtain a Department of Natural Resources,
"Water Appropriations Permit" before any animals are placed in
the proposed facility.
7. 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).
8. 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
16-97.
9. That the disposal of dead animals be consistent with the
Minnesota Board of Animal Health regulations.
10. That the applicant provide an enclosed location for the pick
up of dead animals before any animals are placed in the
proposed facility.
11. 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.
12. That the existing well must be restored to an operable
condition and used, or the existing well will be considered
abandoned and must be properly sealed by a licenced well
contractor. If the existing well is restored to an operable
condition, it must be tested to insure the water meets the
potable water quality standards.
13. That an approved storm water management plan is submitted to
Blue Earth County Environmental Services before a construction
permit is issued.
14. That County Tile Ditch 97 be located and that the proposed
facility must be placed a minimum of 100 feet from County Tile
Ditch 97. If County Ditch is disturbed during construction it
must be returned to it's original preconstruction condition.
This resolution shall become effective immediately upon its
passage and without publication.
The motion carried. 97-146
Commissioner Bennett moved and Commissioner Landkamer
seconded the motion to approve the following resolution:
RESOLUTION AUTHORIZING SIGNATURE
OF BOARD OF WATER AND SOIL RESOURCES
NATURAL RESOURCES BLOCK GRANT DOCUMENTS
NOW THEREFORE BE IT RESOLVED:
THAT THE Blue Earth County Board of Commissioners approves
of Blue Earth County entering into a Grant Agreement with the
State of Minnesota to receive state funds for the implementation
of its comprehensive local water plans, the administration of
wetland conservation act, administration of the Department of
Natural Resources shoreland program, and Minnesota Pollution
Control Agency feedlot program, under the terms of the Grant
Agreement and all statutory requirements; and
THAT THE Blue Earth County Board of Commissioners authorizes
the expenditure of $16,362 cash and $39,772 in-kind contributions
to match the Natural Resources Block Grant, and the Grant
Agreement.
BE IT FURTHER RESOLVED, THAT THE Chairperson of the County
Board of Commissioners and the County Administrator are
authorized to execute the Grant Agreement together with all
related documents.
The motion carried. 97-147
6. GROWTH MANAGEMENT IN MANKATO/BLUE EARTH COUNTY
Mr. Steve Reckers, Planner from the Minnesota State Planning
Agency, presented demographic information unique to the
Mankato/Blue Earth County Area. The presentation was designed to
recognize common problems and pitfalls, and help plan for
responsible, manageable growth.
4. FINANCIAL UPDATE
Mr. Jerry Books, Finance Director, gave an update on the
financial status of the County and presented the March Financial
Report as an informational item.
7. HUMAN SERVICES
Mr. Dennis McCoy, Deputy Administrator, presented the Human
Services Report.
Commissioner Landkamer moved and Commissioner More seconded
the motion to approve rate variance requests and redetermination
of need from MRCI to achieve compliance with state and federal
requirements. The motion carried. 97-148
Commissioner Landkamer moved and Commissioner Bennett
seconded the motion to approve the following Human Service items:
Approval of Management Consultant Service Contract with
Dan A. Newman to provide services associated with the
Southern Minnesota Health Initiative.
Approval of an agreement with the Albert Lea Medical
Center (Fountain Lake Treatment Center) to provide
detoxification services. This agreement is designed to
be a backup to the Brown County Receiving Center should
the New Ulm facility be full on a given day.
Approval of an agreement with MRCI to rent vehicles
from MRCI for use at the Second Step Clubhouse.
The motion carried. 97-149
3. ADMINISTRATIVE SERVICES
Mr. Jerry Kallheim, Land Records Director, presented the
following ditch items for the Boards consideration.
Commissioner Bennett moved and Commissioner Tacheny seconded
the motion to appoint Mr. Lowell Ross, Albert Lea, to do lead
training of our appointed ditch viewers and have Mr. Ross, Mr.
Obert Haldorson, Austin and Mr. Earl Colstrup, Albert Lea view
County Ditch #86 at the cost of $150 a day plus expenses. The
motion carried. 97-150
Commissioner Bennett moved and Commissioner Tacheny seconded
the motion to set the following public hearings: a petition from
James and Laura Tuberg for a proposed removal of property from
County Ditch #56 at 1:30 p.m.; petition for an improved outlet on
County Ditch #15 by the Blue Earth County Board at 2:30 p.m. and
a petition for improvement on County Ditch #28 from Wayne
Knewtson at 3:30 p.m. in the Boardroom, Courthouse on Tuesday,
May 27, 1997. The motion carried. 97-151
The meeting recessed at 12:19 p.m.
The meeting reconvened at 1:30 p.m.
Mr. David Twa, County Administrator, presented the following
items for the Boards consideration.
Commissioner Landkamer moved and Commissioner Bennett
seconded the motion to approve the April 8, 1997 Board Minutes.
The motion carried. 97-152
Commissioner More moved and Commissioner Landkamer seconded
the motion to approve the following Bills:
Bills for Week of April 14-18, 1997
Grand Total $1,745,995.43
Bills for Week of April 21-25, 1997
Grand Total $991,312.56
The motion carried. 97-153
Commissioner Landkamer moved and Commissioner More seconded
the motion to table the authorization to recruit for a County
Assessor and to approve the following Personnel item:
Retirement of Jerome E. Kallheim, Deputy County
Administrator for Land Records (E81), effective June
30, 1997. (Land Records)
The motion carried. 97-154
Commissioner Tacheny moved and Commissioner Landkamer
seconded the motion to approve an agreement with Northern States
Power to pay for the implementation costs of the Fluorescent Bulb
Recycling Collection and for the first ten bulbs brought in by
each business. Each business will pay for any bulbs over ten.
The motion carried. 97-155
Commissioner Bennett moved and Commissioner Landkamer
seconded the motion to approve an agreement with Mankato State
University to digitize and convert mapped wet areas of the County
into ArcInfo and ArcView, provide assistance in creating usable
maps, and create maps of potential wetland restoration areas for
wetland banking. These maps will be able to be used as a GIS
layer for the system being established in Environmental Services.
The motion carried. 97-156
Commissioner Tacheny moved and Commissioner Bennett seconded
the motion to approve tax abatements to Alan & Sue Prosser, RR 3
Box 83, Good Thunder, Decoria Township R35-14-31-400-005 K-419050
for taxes payable in 1997 and to Marion Theissen, Sec. 12-108-26
in the City of Eagle Lake R12-09-12-400-009 K-102766 for taxes
payable in 1997. The motion carried. 97-157
Commissioner Bennett moved and Commissioner Landkamer
seconded the motion to approve the following resolution:
RESOLUTION BY THE
BLUE EARTH COUNTY BOARD OF COMMISSIONERS
SUPPORTING THE REQUEST FOR PROJECT FUNDING
THROUGH THE PASSAGE OF SF 1090 AND HF 1315
WHEREAS, The Minnesota River has become extremely
polluted over the past 70 years, for a variety of
reasons; and
WHEREAS, The Minnesota River Basin Joint Powers Board
(MRBJPB) agreement between the 37 counties in the
Minnesota River Basin initiates a new model of
governance to provide a coordinated effort to preserve
and restore the Minnesota River; and
WHEREAS, On the ground projects are needed within each
of the 12 major watersheds that will improve the water
quality of the watersheds and hence, the Minnesota
River; and
WHEREAS, The $100,000 per major watershed will be seed
money that will allow for the implementation of
priority projects that will enhance the clean up of
local tributaries and add value to the clean up of the
river; and
NOW, THEREFORE, BE IT RESOLVED that the Blue Earth
County Board of Commissioners, support the request for
funding SF 1090 and HF 1315 to provide project
implementation funds in the amount of $1,200,000 for
the 12 major watersheds of the Minnesota River Basin
and hereby support the issuance of this request through
the signed resolution.
The motion carried. 97-158
Commissioner Tacheny moved and Commissioner Bennett seconded
the motion to approve a Renewal of Consumption & Display Permit
to Mankato Labor Temple Assn., 310 McKenzie, LeHillier, MN. The
motion carried. 97-159
8. COUNTY TRANSPORTATION PLAN WORKSHOP
Mr. Al Forsberg, Public Works Director, presented the
following Public Works items.
Pursuant to publication, bids were received, opened and
reviewed for the following Public Works Projects, with the
following results:
PROJECT: Bituminous Overlay Letting
BIDDERS: AMOUNT OF BID:
Southern MN Construction, Mankato, MN $1,348,123.05
H.R. Loveall Construction, Winnebago, MN $1,283,618.15
Duininck Bros., Prinsburg, MN $1,329,353.59
Hardrives Inc., St. Cloud, MN $1,655,702.35
Commissioner Bennett moved and Commissioner Tacheny seconded the
motion to accept the low bid of $1,283,618.15 from H.R. Loveall
Construction, Winnebago, MN. The motion carried. 97-160
Commissioner Landkamer moved and Commissioner More seconded
the motion to approve the following Resolution:
RESOLUTION
WHEREAS, Blue Earth County has determined that the following
deficient bridges on the CSAH, County road and Township
systems are a high priority and require replacement or
rehabilitation within the next five (5) years, and
(See Official Minutes for listing)
WHEREAS, local roads play an essential role in the overall state
transportation network and local bridges are the critical
component of the local road systems, and
WHEREAS, State support for the replacement or rehabilitation of
local bridges continues to be crucial to maintaining the
integrity of the local road systems and is necessary for
the county and the townships to proceed with the
replacement or rehabilitation of the high priority
deficient bridges described above, and
WHEREAS, Blue Earth County intends to proceed with replacement or
rehabilitation of these bridges as soon as possible when
State Transportation Bond Funds are available,
BE IT RESOLVED, that Blue Earth County commits that it will proceed
with the design and contract documents for these bridges
immediately after being notified that funds are available in order
to permit construction to take place within one year of
notification.
The motion carried. 97-161
Mr. Al Forsberg, Public Works Director, Mr. Darrin Haeder,
Engineering Technician and Mr. John Arndorfer, Associate Engineer,
presented items for the workshop.
The consultants, Mr. Ferrol Robinson and Mr. Dave Montebello,
from SRF Consulting, gave a recap of the County Transportation
Plan.
Commissioner Landkamer moved and Commissioner More seconded
the motion to approve the following:
MATAPS96 RESOLUTION
WHEREAS, Region Nine, Blue Earth County, Nicollet County,
Mankato, North Mankato and Mn/DOT have entered into an
agreement to complete the Mankato Area Transportation and
Planning Study (MATAPS96); and
WHEREAS, The Study will provide a framework for
development of a transportation system that will meet the
needs of the area for the next 20 years; and
WHEREAS, The Study provides opportunities for the State
and Local Governments to work together in addressing the
transportation needs of the area; and
WHEREAS, the MATAPS96 Study has been completed and the
final report received,
THEREFORE BE IT RESOLVED, Blue Earth County formally
accepts the MATAPS96 Study.
The motion carried. 97-162
Commissioner More moved and Commissioner Bennett seconded the
motion to appoint Bolton & Menk, Mankato, as the engineering firm
on the Ponderosa Landfill road project. The motion carried.
Commissioner Barnes abstained. 97-163
Commissioner Landkamer moved and Commissioner Bennett
seconded the motion to adjourn the Board Meeting at 4:10 p.m. The
motion carried. 97-164
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