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

September 24, 1996





The County Board of Commissioners met in the Commissioners' 

Room at 9:00 a.m. Present were Chairperson Colleen Landkamer, 

Commissioner Leon Tacheny, Commissioner Lin Barnes, Commissioner 

Al Bennett, Commissioner Alvis More and County Administrator 

David Twa.



Commissioner Tacheny moved and Commissioner Bennett seconded 

the motion to approve the amended Agenda. The motion carried. 

96-314



The Commissioners reported on committees that they have 

attended since the last Board Meeting.



Commissioner Barnes moved and Commissioner Bennett seconded 

the motion to approve the September 10, 1996 Board Minutes. The 

motion carried. 96-315



Commissioner More moved and Commissioner Bennett seconded 

the motion to approve the following Bills: 



Bills for Week of September 16-20, 1996



Grand Total $1,678,754.64



Bills for Week of September 23-27, 1996



Grand Total $1,075,796.64



The motion carried. 96-316



Commissioner Tacheny moved and Commissioner More seconded 

the motion to approve the following:



RESOLUTION

JOINT RESOLUTION OF FUNDING SUPPORT FOR ALL SEASONS ARENA 

MIGHTY DUCK GRANT



WHEREAS, it is proposed to make application to the 

Mighty Ducks Grant program to assist with funding for 

upgrades and the addition of a second sheet of ice at 

All Seasons Arena; and



WHEREAS, the capital improvement cost associated with 

current arena upgrades and the addition of a second 

sheet of ice at All Seasons Arena is expected to cost 

$1.675 million; and



WHEREAS, the current All Seasons Arena is jointly 

funded and operated by the City of Mankato, City of 

North Mankato, Blue Earth County, City of Skyline, and 

School District #77; and



WHEREAS, Mankato Area Hockey Association (MAHA) and the 

Mankato Area Figure Skaters Association (MAFSA) have 

committed to $225,000 and $25,000 respectively as cash 

commitments to the project; and



WHEREAS, MAHA and MAFSA will coordinate a community- 

wide fund raising effort for an additional $425,000 

contribution to the project; and



WHEREAS, Mankato State University has expressed an 

interest to participate in the project in the form of a 

capital contribution or a long-term lease that could 

amortize a portion of capital improvement expenditure; 

and



WHEREAS, the additional operating revenues from a 

second sheet of ice at All Seasons Arena appear 

sufficient to maintain a balanced operating budget. 



NOW, THEREFORE BE IT RESOLVED:



The City of Mankato, Blue Earth County, the City of 

North Mankato, and Nicollet County support submission 

of a Mighty Ducks grant application and hereby commit 

to a local government contribution of $385,000. 



School District #77 supports submission of a Mighty 

Ducks grant application and hereby commits to sharing 

with Mankato State University the cost of amortizing 

leasehold improvements of $375,000.



BE IT FURTHER RESOLVED, that the Cities, County and 

School District support for the project is contingent 

upon the attached conditions outlined in the financial 

plan labeled Exhibit A.



The motion carried. 96-317



Mr. Veryl Morrell, Land Use & Natural Resources 

Administrator and Ms. Julie Conrad, Land Use & Natural Resources 

Planner presented the following Planning & Zoning items. 



The first item heard was a request from Wally and Linda 

Wolff to rezone from A, Agriculture to H-1, Heavy Industrial in 

Section 32, Lime Township. Commissioner Barnes moved and 

Commissioner Bennett seconded the motion to set October 22, 1996 

as the date of a public hearing for amendment to the Land Use 

Ordinance. The motion carried. 96-318



Commissioner Bennett moved and Commissioner More seconded 

the motion to approve the following Conditional Use Permit with 

the stipulation that a financial assurance fund be established to 

restore the Township Road to pre-construction condition. 



RESOLUTION GRANTING A

CONDITIONAL USE PERMIT

TO CONSTRUCT A TOTAL CONFINEMENT

SWINE FACILITY

SECTION 3, STERLING TOWNSHIP



WHEREAS, Bruce Stanton, owner of the following real estate 

in the County of Blue Earth, Minnesota, to wit: 



The South 565 Feet of the East 776 Feet of the West 

2,302 Feet of the South Half of the Southeast Quarter 

of Section 3, Sterling Township, T 105 N, R 27 W. 



has applied for a Conditional Use Permit to construct 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 (CO 36-96), a copy of said report has been presented to 

the County Board; and



WHEREAS, the Planning Commission of the County on the 4th 

day of September 1996, 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 

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. Access 

will be from a (5-ton) Township Road.



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, Agriculture 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, in an A, Agriculture Zoning District, is granted with the 

following conditions:



1. That the total confinement facility, conforms with the 

site plan attached to this report CO-36-96. 



2. That a Certificate of Compliance be issued before a 

Blue Earth County Construction Permit is issued. 



3. That a Blue Earth County Construction Permit is issued 

before construction begins.



4. 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). 



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 CO 36-96.



6. That the applicant obtain a Department of Natural Resources, 

Water Appropriations Permit before any animals are placed 

in the proposed barn.



7. That the disposal of dead animals be consistent with the 

Minnesota Board of Animal Health regulations. 



8. That the applicant provide an enclosed location for the pick 

up of dead animals.



9. That adequate measures be taken to minimize or control 

offensive odor, fumes, dust, noise, or vibrations so that 

none of these will constitute a nuisance. 



10. That before a Blue Earth County Construction Permit is 

issued, the applicant establish a financial assurance fund 

as agreeable to Sterling Township in the amount of $2,500 

per mile of Township Road 144 for the purpose of restoration 

of the Township Road to pre-construction condition. 



11. That the applicant obtain a Blue Earth County Feedlot Permit 

before animals are placed in the proposed barns. 



This resolution shall become effective immediately upon its 

passage and without publication.



The motion carried. 96-319



Commissioner Tacheny moved and Commissioner Barnes seconded 

the motion to approve the following Personnel items: 



Employment of Mary Schwartzbauer, as a Clerk II (A13), 

with a starting salary of $8.66 per hour effective 

September 25, 1996. (Human Services)



Employment of Kevin Mettler, as a .8 FTE Juvenile 

Offender Work Crew Leader (C41), with a starting salary 

of $13.30 per hour effective October 1, 1996. 

(Community Corrections)



The motion carried. 96-320



Commissioner Bennett moved and Commissioner More seconded 

the motion to approve the following resolution: 



1996

ASSOCIATION OF MINNESOTA COUNTIES

ACHIEVEMENT AWARDS APPLICATION



RESOLUTION



WHEREAS, the Association of Minnesota Counties Board of 

Directors has recognized the many valuable innovations 

and improvements taking place in Minnesota County 

Government through the Minnesota County Awards Program; 

and



WHEREAS, the Counties of Blue Earth, Le Sueur, 

Nicollet, Sibley and Waseca have worked together to 

develop and implement a Regional Leadership Program 

and;



WHEREAS, this cooperative venture significantly 

contributes to the quality of life within the region. 



NOW, THEREFORE BE IT RESOLVED, that the Blue Earth 

County Board of Commissioners does hereby approve the 

WE-LEAD Program application for the 1996 AMC 

Achievement Award.



The motion carried. 96-321



Mr. David Twa, County Administrator presented the August 

Financial Report as an informational item. 



Commissioner Bennett moved and Commissioner More seconded 

the motion to set October 2, 1996 at 10:00 a.m. as a Special 

Board Meeting on County Ditch #86. The motion carried. 96-322 



Commissioner Tacheny moved and Commissioner Bennett seconded 

the motion to approve the Chairperson signing a letter to Norwest 

Bank, Mankato and Valley Bank, North Mankato for authorization of 

the release of Ponderosa Escrow funds to the Weimerts. The 

release of those funds is a condition of the sale of the landfill 

to the County. The motion carried. 96-323 



Commissioner Tacheny moved and Commissioner Bennett seconded 

the motion to appoint Commissioner Barnes to the Region 9 Six 

County Multi-Regional Dispatch Committee. The motion carried. 

96-324



Mr. Dennis McCoy, Deputy County Administrator, presented 

Human Service items for the Boards consideration. 



Commissioner Bennett moved and Commissioner More seconded 

the motion to approve the following Human Service contract: 



Approval of a consultation and evaluation agreement 

between Mankato State University's Social Work 

Department and the Human Services Department for the 

Mental Health Outcomes Evaluation Plan and 

consultation.



The motion carried. 96-325



The meeting recessed at 11:50 a.m.



The meeting reconvened at 1:30 p.m.



Mr. David Weirens, Policy Analyst, gave an update on the 

programs and changes at the Association of Minnesota Counties. 



Commissioner Bennett moved and Commissioner Barnes seconded 

the motion to adjourn the meeting at 3:00 p.m. The motion 

carried. 96-326