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

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.
Commissioner Tacheny moved and Commissioner More seconded the motion to approve the Agenda. The motion carried. 97-181
The Commissioners reported on committees that they have attended since the last Board Meeting.

1. ADMINISTRATIVE SERVICES
Mr. Charles Berg, Information Services Director, presented the following item for the Boards consideration.
Commissioner Tacheny moved and Commissioner Bennett seconded the motion to approve the Telecommunications Collaboration Project Agreement with the State of Minnesota. The project is to replace multiple computer phone lines running from St. Paul to each county seat with a single high-speed ("T1") line. The motion carried. 97-182

4. SMILE PROGRAM
Ms. Lucy Lowry and Ms. Kate Tohal from SMILE informed the Board about the First Call for Help and First Call Minnesota Program and requested funding. The Board will consider the request during the budget process.

5. PLANNING AND ZONING
Mr. Veryl Morrell, Land Use & Natural Resources Administrator and Mr. Bill Goebel, Land Use Specialist, presented the following Planning and Zoning items.
The first item was an amendment to a Conditional Use Permit for Judson Iron. Public Comments were heard from Mr. Oliver Skillings, Attorney representing Mr. Frisch; Mr. Mike Catrysse, Judson; Mr. Brad Anderson, Judson Township Board Representative; and Mr. Robert Frisch, applicant.
After discussion, Commissioner Bennett moved and Commissioner More seconded the motion to approve the following:

Lots 10, 11, 12, and 13, Railroad Warehouse Lots of Judson Western Town Lot Company, located in the Judson Townsite, W1/2, NE 1/4, Section 4, Township 108 North, Range 28, Judson Township, has requested an amendment to his Conditional Use Permit originally granted by the Blue Earth County Board on March 24, 1992, which authorized operation of a Scrap Metal Purchasing, sorting, and Shipping Facility. The request to amend the original Conditional Use Permit resulted from an attempt to enforce the construction of the fence required by Condition No. 1. The requested amendment would delete the fence from Condition No. 1, and allow existing trees to be used as screening instead of a fence as required by the Conditional Use Permit; and,

WHEREAS, The original Conditional Use Permit granted by the Blue Earth County Board on March 24, 1992 included the following conditions; and

1.A fence of sufficient height to screen the iron reclamation center from the residential areas on the north side of the property must be installed prior to operation of the site as an iron reclamation center. Materials must not be stacked higher than the height of the fence.

2.Any dust generated by the use must be controlled in accordance with MPCA standards.

3.Any hazardous fluids, such as gasoline and brake fluid, must be disposed of in accordance with MPCA Standards.

4.The satellite-type of self contained outhouse must have a 10 foot setback from the property line, and a minimum setback of 50 feet from any well. The self contained septic tank must be installed, utilized, and emptied in accordance with any applicable county or state standards.

5.

Measures must be taken to address drainage issues as directed by the Judson Town board.

6.Automotive vehicles or parts cannot be salvaged on the site.

7.Hours of operation for machinery on the site are limited from 8:00 a.m. to 6:00 p.m.

8.MPCA approved containers must be utilized for battery storage and shipping.

9.Tires must be disposed of in accordance with MPCA Standards.

10.Measures must be taken to prevent erosion into the stream on the west of the property or filling of the stream.

11.This permit may be terminated at any time for non compliance with the above resolution.

WHEREAS, the applicant appears to be in general compliance with Conditions 2-4, and 6-9, and additional conditions are being added to address remaining concerns; 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 with proper management, the proposed use will not adversely increase the quantity of water run-off.

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 adequate measures have been or will be taken to provide sufficient 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 the 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 to amend the original Conditional Use Permit to operate a Scrap Metal Purchasing, Sorting, and Shipping Facility in a Light Industrial Zoned District, granted by the Blue Earth County Board of Commissioners on March 24, 1992, is granted contingent upon the following conditions:

1.All original conditions not specifically addressed below shall remain as specified in the text of the original Conditional Use Permit above.

2.Existing trees may serve as screening if supplemented by additional plantings of trees of the species, height, and spacing as specified on the attached site plan included as part of Planning Commission Report No. PC 05-97.

3.All fill to be placed on the property for the purposes of planting trees shall be loam, clay, of a mixture of above soils suitable to support the trees. Fill shall be placed along the creek which forms the west boundary of the property higher than the yard to prevent run-off into the creek. All fill shall be back sloped at a 3:1 ratio and seeded with grass to prevent erosion of soil into the creek.

4.Fill shall not extend further north into the Township Road Right-of-Way, along the northern boundary of the property, than 27 feet from the centerline of the roadway. Fill shall not extend further west along the northern boundary of the property than 57 feet from the east side of the culvert under the Township Road.

5.All machinery used for processing scrap metal shall be parked away from the creek to prevent oil from running into the creek.

6.All White Cedar trees to be planted along the north boundary shall be planted 7 feet on center, be a minimum of six feet in height, and be planted before October 1, 1997.

7.All White Cedar trees to be planted along the west boundary shall be planted 7 feet on center and be a minimum of six feet in height. The Norway Spruce trees to be planted along the west side of the property shall be planted seven feet on center and be a minimum of eight feet in height. The north 40 feet of the double row of trees to be planted along the creek bed on the west side of the property shall be planted by October 1, 1997.

8.The remainder of the required double row of trees along the west side of the property shall extend south to within one rod of the railroad tracks. This double row of trees shall be planted by October 1, 1998.

9. Existing brush along the creek bank on the west side of the property shall remain in place to minimize erosion from newly placed fill until grass and newly planted tree roots have stabilized the slope.

10.If required trees die or fail to flourish they shall be replaced by trees of the same species and minimum height as specified in the attached tree planting plan.

11.In the event that the applicant finds compliance with the attached tree planting plan and above conditions not economically feasible he has an option to construct a 10 foot high fence. If the applicant elects to pursue the fence alternative the following conditions apply:

A.The fence must be opaque and of a design approved by the planning department prior to construction.

B.Construction timetable shall be the same as for the trees.

C.The fence must be maintained in good condition.

The motion carried. 97-183

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

That part of the East Half of the Northeast Quarter of Section 11 and the Northwest Quarter of the Northeast Quarter of Section 11 Beauford Township, T 106 N, R 26 West, described as:

Commencing at the north quarter corner of Section 11; thence North 88 degrees 33 minutes 34 seconds East, along the north line of the Northeast Quarter of Section 11, a distance of 1318.65 feet to the point of intersection with the center line of County Highway No. 16; thence South 16 degrees 44 minutes 48 seconds East, along said centerline 710.15 feet; thence South 88 degrees 17 minutes 55 seconds West 51.77 feet to a point on the westerly right of way line of County Highway No. 16; said point being the point of beginning; thence continuing south 88 degrees 17 minutes 55 seconds west 474.43 feet; thence South 13 degrees 57 minutes 40 seconds West, 135.00 feet; thence South 26 degrees 59 minutes 25 seconds East; 540.00 feet; thence South 76 degrees 04 minutes 20 seconds East, 182.00 feet; thence South 10 degrees 16 minutes 30 seconds East, 172.00 feet; thence South 88 degrees 01 minutes 10 seconds East, 272.00 feet to a point on the westerly right of way line of County Highway 16, thence north 10 degrees 46 minutes 48 seconds West, along said right of way line, 71.68 feet to the point of curvature of a circular curve to the left; thence northwesterly along said right of way line along a 5679.58 foot radius curve, central angle = 05 degrees 58 minutes 00 seconds, an arc distance of 591.46 feet to the point of tangency of said curve; thence North 16 degrees 44 minutes 48 seconds West along the tangent of said curve, the same being the westerly highway right of way line, 213.07 feet to the point of beginning.

WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC 17-97 ), a copy of said report has been presented to the County Board; and

WHEREAS, the Planning Commission of the County on the 7th day of May, 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 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 run-off.

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 adequate measures have been or will be taken to provide sufficient 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 the 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.

12.That the intensity of the proposed use is not greater than the intensity of the surrounding uses or not greater than intensity characteristics of the Agricultural Zoning District.

NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of Commissioners, that the request for a Conditional Use Permit, to operate a Level II Home Occupation in an Agriculture Zoning District, is granted with the following conditions:
1.That the furniture repair and upholstery business be limited to one accessory building and the residence.

2.That the applicant work with Environmental Services to prepare a plan for handling hazardous materials before the applicant begins to use hazardous materials or chemicals as a part of the home occupation.

3.That the applicant seal the abandoned well in accordance with the County Well Code before September 1, 1997.

4.That the applicant install an on-site sewage treatment system or holding tank to serve the home occupation in accordance with State and County rules by September 1, 1997.

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

WHEREAS, the final plat was reviewed by the Blue Earth County Planning Commission on May 7th, 1997: and,

WHEREAS, The Blue Earth County Planning Commission recommended approval of said preliminary and final plat; and,

WHEREAS, the final plat meets the requirements of the Blue Earth County Subdivision Ordinance.

NOW THEREFORE BE IT RESOLVED, that the Blue Earth County Board of Commissioners, hereby approve the preliminary and final plat of Jeanette's Subdivision, and authorizes the Chair of the Board of Commissioners and the County Administrator to sign said plat.

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

The motion carried. 97-185

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

Kopp Subdivision, Part of Government Lot No. Two, Section 35, T 109 N, R 25 W, Jamestown Township, Blue Earth County, Minnesota,

WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC 19-97), a copy of said report has been presented to the County Board; 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 with proper management, the proposed use will not adversely increase the quantity of water run-off.

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 adequate measures have been or will be taken to provide sufficient 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 the 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 develop a private lake access and boat launching ramp in an RT, Rural Townsite Residential Zone, is granted contingent upon the following conditions:

1.Use of the ramp is limited to lot owners and guests in Kopp's Subdivision and Kopp's Lakeview Estates Subdivision when the lot owner is present.

2.All roadway and ramp construction details, including depth of fill, slopes, dimensions, materials, and compaction densities shall comply with submitted plans as approved in Planning Commission Report PC 19-97.

3.Erosion control materials and placement of erosion control structures shall comply with approved plan. Monitoring and maintenance of erosion control measures must be performed until disturbed areas are re-vegetated.

4.A Minnesota Department of Natural Resources Permit to excavate below the Ordinary High Water Mark of Madison Lake must be obtained prior to the beginning of construction.

5.A five foot high chain link fence must be constructed on the property line between the access and Lot 8, Kopp's Subdivision, to prevent trespassing onto Lot 8.

6.Applicant agrees to place a sign at the entrance of the subdivision at the Trunk Highway 60 access advising that there is no public water access to Madison Lake.

This resolution shall become effective immediately upon it's passage and without publication.

The motion carried. 97-186

Commissioner Tacheny moved and Commissioner Bennett seconded the motion to approve the following:

The East Half of the Northeast Quarter and the Northeast Quarter of the Southeast Quarter and the East Half of the West Sixty Acres of the South Half of the Southeast Quarter of Section 32, Township 107, Range 26.

WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC 21-97), a copy of said report has been presented to the County Board; and

WHEREAS, the Planning Commission of the County on the 7th day of May, 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. 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 expand an existing feedlot in an Agriculture Zoning District, is granted with the following conditions:
1.That the total confinement barn, conforms with the site plan attached to this report PC 21-97.

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 proposed 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 21-97.

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. 97-187

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

That part of the Northwest Quarter of the Northeast Quarter of Section 12, Township 107, Range 23 West, Blue Earth County, Minnesota, described as:

Commencing at the northwest corner of Section 12; thence South 89 degrees 39 minutes 38 sections West, (assumed bearing), along the north line of the Northeast Quarter of Section 12 a distance of 1875.20 feet to the point of beginning; thence continuing South 89 degrees 39 minutes 38 seconds West, along said north line, 361.51 feet; thence South 00 degrees 11 minutes 16 seconds West, 1339.69 feet to a point on the south line of the Northwest Quarter of the Northeast Quarter of Section 12; thence North 89 degrees 59 minutes 16 seconds East, along said south line, 456.80 feet; thence North degrees 48 minutes 44 seconds West, 95.3 feet; thence North 00 degrees 11 minutes 16 seconds East, 942.25 feet to the point of beginning.

WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC-22-97), a copy of said report has been presented to the County Board; and

WHEREAS, the Planning Commission of the County on the 7th day of May, 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 existing 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 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 feedlot from 50 feeder cattle to 300 young dairy stock in an Agriculture Zoning District, is granted with the following conditions:
1.That the feedlot, conforms with the site plan attached to this report PC 22-97.

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 the applicant obtain a Blue Earth County Feedlot Permit before animals are placed in the barn.

4.That the applicant obtain a Department of Natural Resources, "Water Appropriations Permit" before any new animals are placed in the existing barns.

5. That application of manure be on the land documented in the aerial photos included in the State of Minnesota Application for Construction and Operation of an animal feedlot. The application of manure shall comply with standards set forth in Attachment A-1, Manure Management Summary and Attachment A-4, Manure Application Setbacks, as contained in staff report PC 22-97.

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

7.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. 97-188

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

West Half of the Northeast Quarter, Section 26, Beauford Township, T106N-R26W,

WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC-23-97), a copy of said report has been presented to the County Board; and

WHEREAS, the Planning Commission of the County on the 7th day of May, 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. The Conditional Use should not impede the normal and orderly development and improvement of surrounding vacant property for agricultural uses.

4.Adequate utilities, access roads, drainage and other necessary facilities have been or will be provided.

5.Adequate measures will be taken to provide sufficient off road parking and loading space to serve the proposed use.

6.Soil conditions are adequate to accommodate the proposed request.
7.Proper facilities will be provided which will eliminate any traffic congestion or traffic hazard which may result from the proposed use.

8.The feedlot is not greater than the feedlot standards allowed in the A, Agricultural Zoning District.

9.The proposed use is consistent with the County Land Use Plan.

10.That the proposed use does not include residential development.

11.That the proposed use does not include industrial development.
NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of Commissioners, that the request for a Conditional Use Permit, to build one total confinement swine barn in an Agriculture Zoning District, is granted with the following conditions:

1.That the total confinement barn conforms with the site plan attached to this report PC 23-97.

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 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 23-97.

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,

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

The motion carried. 97-189

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

has applied for a Conditional Use Permit to build four total confinement swine barns 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 24-97 ), a copy of said report has been presented to the County Board; and

WHEREAS, the Planning Commission of the County on the 7th day of May, 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 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 barn four total confinement swine barns in an Agriculture Zoning District, is granted with the following conditions:

1.That the total confinement barns, conform with the site plan attached to this report PC 24-97.

2.That the feedlot, including all buildings and the proposed building, be located on a single, legally described parcel consisting of a minimum of forty 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 proposed 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 24-97.

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,

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

The motion carried. 97-190

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

That part of the Southeast Quarter (SE ) of the Southwest Quarter (SW ) of Section Twenty-seven (27), Township One Hundred Seven (107) North, Range Twenty-five (25) West, Blue Earth County, Minnesota described as follows: beginning at a point which is the Northwest corner of the following described tract of land:

Commencing at the Southeast corner of the Southeast Quarter (SE ) of the Southeast Quarter (SW ) of Section Twenty-seven (27), Township One Hundred Seven (107) North, Range Twenty-five (25) West, Blue Earth County, Minnesota, thence North along the East line of said Southeast Quarter (SE ) of the Southwest Quarter (SW ), a distance of 727 feet to the true point of beginning; thence continuing North along said East line of the Southeast Quarter (SE ) of the Southwest Quarter (SW ), a distance of 381 feet; thence West on a line parallel with the South line of said Southeast Quarter (SE ) of the Southwest Quarter (SW ), a distance of 286 feet; thence South on a line parallel with the East line of said Southeast Quarter (SE ) of the Southwest Quarter (SW ), a distance of 381 feet; thence East on a line parallel with the South line of said Southeast Quarter (SE ) of the Southwest Quarter (SW ), a distance of 286 feet, to the point of beginning, containing 2.5 acres, more or less,

and from said point of beginning, running thence West on a line parallel with the South line of said Southeast Quarter (SE ) of the Southwest Quarter (SW ), a distance of 857.5 feet; thence South on a line parallel with the East line of said Southeast Quarter (SE ) of the Southwest Quarter (SW ), a distance of 381 feet; thence East on a line parallel with the South line of said Southeast Quarter (SE ) of Southwest Quarter (SW ), a distance of 857.5 feet more or less to the West line of the above described 2.50 acre tract of land; thence North along the West line of the above described 2.50 acre tract of land a distance of 381 feet, more or less to the point of beginning, containing 7.5 acres, more or less.

WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC-26-97), a copy of said report has been presented to the County Board; and

WHEREAS, the Planning Commission of the County on the 7th day of May, 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. 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 one total confinement swine barn in an Agriculture Zoning District, is granted with the following conditions:

1.That the total confinement barn, conforms with the site plan attached to this report PC 26-97.

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 proposed 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 26-97.

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. 97-191

Mr. Morrell and Mr. Dewey Mettler, Duck Lake Assoc., updated the Board on the Duck Lake Phase II Clean Water Partnership Project. After discussion, Commissioner More moved and Commissioner Tacheny seconded the motion to fund the $12,000 budgeted for the project up front to help cover costs that have occurred. The motion carried. 97-192
Mr. Morrell, Mr. Bob Brush, Winnebago, Ms. Kathy Koshe, DNR and Mr. Ray Phelps, SWCD Chairperson, gave the Board an update on Lura Lake and the Quad Lakes Project. Commissioner Bennett moved and Commissioner Landkamer seconded the motion to withhold funding on the Quad Lakes Clean Water Partnership until further information is obtained. The motion carried. 97-193

6. PUBLIC WORKS
Mr. Al Forsberg, Public Works Director, presented the following items for the Boards consideration.
Commissioner Tacheny moved and Commissioner Bennett seconded the motion to approve the following:
RESOLUTION
AUTHORIZING EXECUTION OF SUB-GRANT AGREEMENT

Be it resolved that Blue Earth County enter into a Sub Agreement with the Division of Emergency Management in the Minnesota Department of Public Safety for the program entitled Infracture Program for FEMA 1175 DR MINNESOTA.

Alan Forsberg, Public Works Director, is hereby authorized to execute and sign such Sub-grant Agreements and amendments as are necessary to implement the project on behalf of Blue Earth County Public Works Department.

Approval of an application for licensure of the Mental Health Center from the State of Minnesota. The existing Rule 29 license expires on June 30, 1997.

Approval of new host-county rates between MRCI-Mankato and Blue Earth County to provide day training and habilitation services effective June 1, 1997, through December 31, 1997.

Approval of an agreement with the State Department of Human Services on behalf of the SMHI counties to accept $55,000 from the Robert Wood Johnson Foundation as part of the demonstration project for people with disabilities.

Renewal of an agreement with the State of Minnesota Department of Corrections for secretarial services provided in Faribault County.

The meeting recessed at 12:00 p.m.
The meeting reconvened at 1:25 p.m.

1. ADMINISTRATIVE SERVICES
Commissioner Tacheny moved and Commissioner More seconded the motion to approve the County Board Minutes of May 13, 1997. The motion carried. 97-197
Commissioner More moved and Commissioner Bennett seconded the motion to approve the following Bills:
Bills for Week of May 19-23, 1997
Grand Total $5,824,619.24
Bills for Week of May 26-30, 1997
Grand Total $12,419,348.51
The motion carried. 97-198
Commissioner Tacheny moved and Commissioner Bennett seconded the motion to approve the following Personnel items:

Resignation of Francisco Gonzalez, Bilingual Financial Assistance Specialist (B23). (Human Services)

Authorization to initiate recruitment for a Bilingual Financial Assistance Specialist (B23). (Human Services)

Consider approval of language to Article XIX, section 19.4 of the Blue Earth County Personnel Rules regarding designating all County Buildings and Grounds Tobacco Free as of September 1, 1997.

WHEREAS, the use of tobacco products raises substantial health concerns both for users and non-users, and

WHEREAS, there are significant costs associated with providing separate smoking areas within County buildings, and offices, and

WHEREAS, the County wishes to avoid having employees and members of the public use tobacco products in the entrances to County buildings and offices,

NOW THEREFORE, IT IS HEREBY RESOLVED, that the County Board hereby makes all County buildings and offices wherein County employees work, and the grounds associated with those buildings and offices tobacco free work places effective September 01, 1997. There will be one designated picnic table at the Law Enforcement Center, Government Center, Courthouse, and Highway Department where use of tobacco products will be permitted. The County will pay one-half of the fee, up to a maximum contribution by the County of $50.00, towards any stop smoking class or program that an employee enters into such a program by September 01, 1997, can submit a request for reimbursement to the finance department, along with a receipt or other proof of payment.

The motion carried. Commissioner Barnes and Landkamer voted nay 97-199
Commissioner More moved and Commissioner Bennett seconded the motion to approve the following Proclamation:

Whereas, Bruce Petersen's services as a District Conservationist for Natural Resources Conservation Service (NRCS) over the last five years has provided a valuable insight into agriculture conservation issues and events occurring in Blue Earth County, and

Whereas, the citizens of Blue Earth County wish to congratulate and recognize these exciting accomplishments and wish him well in his new position;

Whereas, it is appropriate to designate June 5, 1997, as

Now, Therefore, Be It Resolved, by the Blue Earth County Board of Commissioners that Mr. Bruce Petersen becommended on behalf of the entire County of Blue Earth for his outstanding conservational accomplishments!

Be It Further Resolved, that June 5, 1997, is hereby proclaimed

Commissioner Bennett moved and Commissioner More seconded the motion to approve an Agreement with Jerry Kallheim to maintain and supervise the County Ditch System to insure that all of the County's responsibilities and requirements for the repair, improvement, and maintenance of County Ditches are met. The agreement is effective August 1, 1997 and terminates June 30, 1998. The motion carried. 97-201
The April Financial Report was presented as an informational item.

8. COUNTY DITCH #56 PETITION TO REMOVE LAND
Pursuant to publication, a public hearing was held to hear the petition from James and Laura Tuberg for the removal of property from Blue Earth County Ditch #56.
The public hearing was opened for public comments by Chairperson Barnes at 1:30 p.m., May 27, 1997. Mr. Chad Surprenant, Engineer for the project presented his report. The Engineer did not feel that the project was feasible or justifiable because the cost of surveying, designing, staking, construction, and maintaining the necessary dike system will in all likelihood be greater than future assessments to the land for maintaining County Ditch #56.
Public Comments were heard by Mr. Richard Baily, Madelia; Mr. Robert Nelson, Lake Crystal; Mr. Gus Johnson, Mankato; Mr. Dale Yahnke, Lake Crystal; Mr. Mike Masters, Lake Crystal; and Mr. Bruce Hatch, Lake Crystal.
Commissioner Bennett moved and Commissioner More seconded the motion to deny the petition in accordance to the Engineers report and leave the property in the ditch system. The motion carried. Chairperson Barnes officially closed the hearing at 1:50 p.m. 97 202
A discussion was held on another matter concerning County Ditch #56. After discussion, Commissioner Bennett moved and Commissioner More seconded the motion to have the County Public Works Director advertise for bids to lower the culvert under County Road 20 to make the bottom equal to the construction of County Ditch #56. The motion carried. 97-203

9. COUNTY DITCH #15 - PRELIMINARY HEARING
Pursuant to publication, a Preliminary Hearing on a Petition to improve the outlet of Judicial Ditch 15 was held. The Blue Earth County Board of Commissioners, acting as the Drainage Authority pursuant to M.S. 103E.005, Subd. 9, held a Preliminary Hearing, Pursuant to M.S. 103E.261 and M.S. 103E.221 at the Blue Earth County Courthouse at 2:30 p.m., May 27, 1997. Officials present included County Attorney Ross Arneson, County Administrator David Twa, Land Records Administrator Jerry Kallheim and Engineer Chad Surprenant. A listing of others present is included as part of the record. The proceedings were tape recorded.
The Drainage Authority examined the Petition and Bond. The Drainage Authority consulted with the County Attorney about the sufficiency of the Petition. (M.S. 103E.238)
The Drainage Authority then determined that the Petition and bond do meet the legal requirements of M.S. 103 E.202. (M.S. 103E.261, Subd. 3(a))
The Engineers report was presented by Chad Surprenant and a written report was handed out. The DNR Preliminary Advisory Report was read by Mr. Kallheim. Public Comments were made by: Mr. Richard Bailey, Madelia; Mr.Gene McMonagle, Madelia; Mr. Mike Masters, Madelia; Mr. Bob Nelson, Lake Crystal; Mr. Dean Neuman, Lake Crystal; Mr. Dan Eberhart, Madelia and Ms. Bonnie Lunz, Madelia.
The Ditch Authority's findings are that the proposed drainage is feasible; there is necessity for the proposed drainage project; the proposed drainage project will be of public benefit and promote the public health after considering the environmental and land use criteria in section 103E.015, Subd.1 and the outlet, after proposed construction, will be adequate.
Commissioner Bennett moved and Commissioner Landkamer seconded the motion to proceed with the project by having the engineer make a detailed survey with plans and specifications for the proposed drainage project and submit a detailed survey to the drainage authority as soon as possible. The following viewers were appointed: Mr. Lowell Ross, Albert Lea; Mr. Obert Haldorson, Austin; and Mr. Earl Colstrup, Albert Lea. The motion carried. Chairperson Barnes officially closed the public hearing at 3:12 p.m. May 27, 1997. 97-204

10. COUNTY DITCH #28 - PRELIMINARY HEARING
Pursuant to publication, a Preliminary Hearing on Petition to Improve Judicial Ditch #28 was held. The Blue Earth County Board of Commissioners, acting as the Drainage Authority pursuant to M.S. 103E.005, Subd. 9, held a Preliminary Hearing, Pursuant to M.S. 103E.261 at the Blue Earth County Courthouse at 3:30 p.m., May 27, 1997. Officials present included County Attorney Ross Arneson, County Administrator David Twa, Land Records Administrator Jerry Kallheim and Engineer Chad Surprenant. A listing of others present is included as part of the record. The proceedings were tape-recorded.
The Drainage Authority examined the Petition and Bond. The Drainage Authority consulted with the County Attorney about the sufficiency of the Petition and Bond. (M.S. 103E.238)
The Drainage Authority then determined that the Petition and Bond do meet the legal requirements of M.S. 103 E.202. (M.S. 103E.261, Subd. 3(a))
The Engineers report was presented by Chad Surprenant and a written report was handed out. The DNR Preliminary Advisory Report was read by Mr. Kallheim. Public Comments were heard by: Mr. Wayne Knewtson, Good Thunder and Mr. Gary Sellers, Mapleton.
The Ditch Authority's findings are that the proposed drainage is feasible; there is necessity for the proposed drainage project; the proposed drainage project will be of public benefit and promote the public health after considering the environmental and land use criteria in section 103E.015, Subd.1 and the outlet is adequate.
Commissioner More moved and Commissioner Bennett seconded the motion to proceed with project by having the engineer make a detailed survey with plans and specifications for the proposed drainage project and submit a detailed survey to the drainage authority as soon as possible. The following viewers were appointed: Mr. Lowell Ross, Albert Lea; Mr. Obert Haldorson, Austin; and Mr. Earl Colstrup, Albert Lea. The motion carried. Chairperson Barnes officially closed the public hearing at 4:05 p.m. May 27, 1997. 97-205

11. COUNTY DITCH #43 - PRELIMINARY HEARING
Pursuant to publication, a public hearing was held to hear the petition for repair on County Ditch #43, Branch 1 Lateral A.
The public hearing was opened for public comments by Chairperson Barnes at 4:30 p.m., May 27, 1997. Mr. Chuck Wingert, Engineer for the project presented his report.
Public Comments were heard from Mr. Kurt Deter, Attorney for the petitioners; Mr. Fred Bowe, Mankato; Mr. Gerald Hodapp, Mankato; Mr. Harold Fischer, Mankato; Mr. Roger Borgmeier, Mankato; Mr. Cletus Tacheny, Mankato; Mr. Scott Borgmeier, Mankato; Mr. Dan Hiniker, Mankato and Mr. Layne Hopkins, Mankato.
After Board discussion, Commissioner Bennett moved and Commissioner Landkamer seconded the motion to deny the petition for the repair and encourage the landowners to petition for an improvement. The motion carried. 97-206
Commissioner Bennett moved and Commissioner More seconded the motion to adjourn the meeting at 5:30 p.m. The motion carried. 97-207