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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.

1. AGENDA REVIEW
Commissioner Bennett moved and Commissioner Landkamer seconded the motion to approve the amended Agenda to include a Proclamation for the Lake Crystal-Wellcome Memorial Boys Baseball Team and action to proceed with the Judicial Ditch #1 repair project. The motion carried. 97-231

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

3. ADMINISTRATIVE SERVICES
Mr. David Twa, County Administrator, presented the following items for the Boards consideration.
Commissioner Landkamer moved and Commissioner More seconded the motion to approve the County Board Minutes of June 16, 1997. The motion carried. 97-232
Commissioner Tacheny moved and Commissioner More seconded the motion to approve the following Bills:

GRAND TOTAL $767,950.90

The motion carried. 97-233
Commissioner More moved and Commissioner Bennett seconded the motion to approve the following Personnel items:

Resignation of Trudi Clements, Senior Account Clerk (B22), effective June 27, 1997. (Human Services)

Extension of probation for Ginny Eastvold, Senior Account Clerk (B22). (Human Services)

Approval of amendment to Article X, section 10.1 (D) to the Blue Earth County Personnel Rules concerning Funeral Leave.

WHEREAS, on November 22, 1995, the State of Minnesota, Department of Natural Resources and Blue Earth County entered into an agreement for the construction, maintenance, and operation of the snowmobile trail known as the Blue Earth River Trail.

WHEREAS, the County was unable to complete all the maintenance and development of the trails due to administrative changes, land acquisition problems, and weather conditions.

WHEREAS, the Fiscal Year 1996 grant for the above mentioned trail has been or will be expended for increased grooming due to the heavy snowfall this season.

WHEREAS, the State of Minnesota, Department of Natural Resources wants these trails maintained and operational and the County agrees.

THEREFORE, this Supplemental Agreement will increase the existing Grant-in-Aid from $3,229.48 to $5,869.48.

All other terms and conditions on the original Agreement remain unchanged.

Whereas competitive sports for youth is helpful in teaching the principles of sportsmanship and fair play to the students thereby contributing to better citizenship; and

The Lake Crystal-Wellcome Memorial Boys Baseball Team has won the Consolation Championship at the Class A State Tournament.

The Citizens of Blue Earth County wish to congratulate and recognize this exciting accomplishment; and

It is appropriate to designate July 2, 1997, as

Now, Therefore, Be It Resolved, by the Blue Earth County Board of Commissioners that the Lake Crystal-Wellcome Memorial Boys Baseball Team be congratulated on behalf of the entire County of Blue Earth on their achievements!

Be it further resolved, that July 2, 1997, is hereby proclaimed

The motion carried. 97-236
The following quotes were received for the Judicial Ditch #1 Repair Project:
Contractor Amount of Quote
Krengel Brothers, Mapleton, MN $17,373.00
Caldwell & Burk Contractors, Amboy, MN $22,120.00

Commissioner Bennett moved and Commissioner More seconded the motion to accept the quote from Krengel Brothers, Mapleton, MN in the amount of $17,373.00. The motion carried. 97-237

4. PLANNING AND ZONING
Ms. Julie Conrad, Land Use & Natural Resources Planner and Mr. Bill Goebel, Land Use Specialist, presented the following Planning and Zoning items.
Commissioner Bennett moved and Commissioner More seconded the motion to approve the following after comments made by Mr. Tom Loveall, Loveall Construction.

All that land lying east of Minnesota Trunk Highway 68 in the Northeast Quarter (NE 1/4) of the southeast Quarter (SE 1/4) in Section 21, Township 109 North, Range 29 West in Cambria Township, approximately 18 acres,

WHEREAS, the Blue Earth County Board of Commissioners finds:

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

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

3. That with proper management, the proposed use will not adversely increase the quantity of water runoff.

4. That soil conditions are adequate to accommodate the proposed use.

5. That the proposed use does not create a potential pollution hazard.

6. That adequate utilities, access roads, drainage and other necessary facilities have been or are being proposed.

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

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

9. That adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration, so that none of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result.

10. The intensity of the proposed use is not greater than the intensity of the surrounding land uses.

NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of Commissioners, that the request for a temporary bituminous hot mix plant an A-1, Agricultural Zoned District is granted contingent upon the following conditions:

1. The Bituminous Hot Mix Plant operations shall be conducted in compliance with the laws of the State of Minnesota, the Federal Government, and Blue Earth County. In addition, all operations shall be pursuant to the approved Conditional Use Permit granted to Hoffman Construction by the Blue Earth County Board of Commissioners on November 26, 1996.

2. Access points from and onto any road or highway shall be as per approved Hoffman CUP granted November 26, 1996.

3. Trucks used in hauling materials from the site of excavation shall be loaded in such a manner as to minimize spillage onto public roadways. Precautions must be taken to minimize the deposit of dirt and mined materials onto public roads or highways. Any spillage resulting from overloading or from adhering to truck tires shall be removed at regular intervals.

4. All buildings, plants, and equipment used in the temporary Bituminous hot mix plant operations shall be removed within 60 days of completion of State project 0708-29.

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

6. Excavating or stockpiling shall not be conducted closer than one hundred (100) feet to the right-of-way line of any existing or platted street, road, or highway, where such excavation may create a traffic or line of site problem.

7. Hours for the temporary bituminous hot mix plant only may commence one hour earlier to accommodate a "warm up" period for the plant. Hours for the bituminous or concrete plant shall be from 6:00 A.M. through 8:00 P.M.

8.This permit shall be effective for a period of 120 days of Board approval, or until October 24, 1997.

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

The motion carried. 97-238

After discussion with Mr. Tom Loveall, Applicant, Commissioner Bennett moved and Commissioner Landkamer seconded the motion to approve the following:

WHEREAS, Tom Loveall - dba Cedar Grove Campground Inc., and Loveall Construction Inc., owner of the following real estate in the County of Blue Earth, Minnesota, to wit:

The property is described as: being a part of Government lots 3 and 4, both in Section 31, Township 108 North, Range 27 West, South Bend Township, Blue Earth County Minnesota,

has requested a Conditional Use Permit to expand an existing gravel mining operation and operate an occasional bituminous and / or concrete batching plant; and,

WHEREAS, the Blue Earth County Board of Commissioners finds:

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

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

3. That with proper management, the proposed use will not adversely increase the quantity of water runoff.

4. That soil conditions are adequate to accommodate the proposed use.

5. That the proposed use does not create a potential pollution hazard.

6. That adequate utilities, access roads, drainage and other necessary facilities have been or are being proposed.

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

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

9. That adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration, so that none of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result.

10. The intensity of the proposed use is not greater than the intensity of the surrounding land uses.

NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of Commissioners, that the request for a Conditional Use Permit to expand an existing gravel mining operation and operate an occasional bituminous and/or concrete batching plant in an C-1, Conservation Zoned District is granted contingent upon the following conditions:

1. The mining operations shall be conducted in compliance with the laws of the State of Minnesota and the Federal Government, especially as related to safety standards, and the Blue Earth County Zoning Ordinance, Section 17, Mineral Extraction, as set forth in, and in compliance with, the approved development and reclamation plan drafted by Bolton and Menk, Inc., dated 4-8-97.

2. The applicant shall obtain and maintain all air emissions and water quality permits as required by MPCA.

3. The applicant shall comply with all mandatory requirements of the Minnesota Historical Preservation society.

4. A DNR water appropriations permit shall be obtained for dewatering, gravel washing, or screening operations.

5. Hours of operation shall be limited to 7:00 AM through 9:00 PM to prevent disturbing noise during normal sleeping hours. Hours for the bituminous and / or concrete batching plant only may commence one hour earlier to accommodate a "warm up" period for the plant. Hours for the bituminous or concrete plant shall be from 6:00 A.M. through 8:00 P.M.

6. Access points from and onto any road or highway shall be clearly indicated, and only those access points shall be utilized. All access points must be approved by the appropriate jurisdictional agency.

7. Trucks used in hauling materials from the site of excavation shall be loaded in such a manner as to minimize spillage onto public roadways. Precautions must be taken to minimize the deposit of dirt and mined materials onto public roads or highways. Any spillage resulting from overloading or from adhering to truck tires shall be removed at regular intervals.

8. The amount of overburden to be removed shall not be in excess of that required to undertake operations in an economical manner. Development toward the final reclamation plan shall be carried on as excavation progresses.

9. Proposed back slopes, graded or back filled areas, or banks shall conform to the approved reclamation plan and shall be covered with sufficient topsoil to provide for re-vegetation. Where ground cover or other planting is indicated on an approved plan, such planting shall be made in areas where excavation is completed and land is not being used for material storage, and shall be as recommended by the SWCD.

10. All wells identified by the Blue Earth County Sanitarian in his letter and attachments dated 5-27-97, shall be properly sealed by a licensed well driller or if applicable, Maintenance Permits obtained.

11. All septic tanks identified by the Blue Earth County Sanitarian in his letter and attachments dated 5-27-97, shall be cleaned and properly sealed or abandoned.

12. Upon completion of excavation, all buildings, plants, and equipment, shall be removed within six (6) months, unless such buildings, plants, and equipment will be used in the reclamation process.

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

14. Mining operations shall not be conducted closer than fifty (50) feet to the boundary of an adjoining property line, unless the written consent of the adjoining property owner is first secured.

15. Excavating or stockpiling shall not be conducted closer than one hundred (100) feet to the right-of-way line of any existing or platted street, road, or highway, where such excavation may create a traffic or line of site problem.

16. A Reclamation Performance Bond or Letter of Credit for $1,000 per acre shall be presented to the County to guarantee that either upon termination of the permit or the operations, the ground surface of the land used shall be restored in conformity with the reclamation plan filed with the mining permit application.

17. Violations of any of the above conditions may lead to a review of this conditional use permit by the County Board. Actions taken by the Board may be civil or criminal in nature and may include suspension or revocation of this permit.

18. This permit shall be effective for five years, until June 24, 2002, after which time it shall be reviewed by the Blue Earth County Board of Commissioners.

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

The motion carried. 97-239

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

The Southwest Quarter of Section 30 and the Northwest Quarter of the Northwest Quarter of Section 31, both in Township 107 North, Range 29 West, Lincoln Township, Blue Earth County Minnesota,

have requested a Conditional Use Permit to expand an existing gravel mining operation and operate an occasional bituminous and / or concrete batching plant; and,

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

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

3. That with proper management, the proposed use will not adversely increase the quantity of water runoff.

4. That soil conditions are adequate to accommodate the proposed use.

5. That the proposed use does not create a potential pollution hazard.

6. That adequate utilities, access roads, drainage and other necessary facilities have been or are being proposed.

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

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

9. That adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration, so that none of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result.

10. The intensity of the proposed use is not greater than the intensity of the surrounding land uses.

NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of Commissioners, that the request for a Conditional Use Permit to expand an existing gravel mining operation and operate an occasional bituminous and/or concrete batching plant in an C-1, Conservation Zoned District is granted contingent upon the following conditions:

1. The mining operations shall be conducted in compliance with the laws of the State of Minnesota and the Federal Government, especially as related to safety standards, and the Blue Earth County Zoning Ordinance, Section 17, Mineral Extraction, as set forth in, and in compliance with, the approved development and reclamation plan drafted by Bolton and Menk, Inc., dated 4-8-97.

2. The applicant shall obtain and maintain all air emissions and water quality permits as required by MPCA.

3. The applicant shall comply with all mandatory requirements of the Minnesota Historical Preservation society.

4. A DNR water appropriations permit shall be obtained for dewatering, gravel washing, or screening operations.

5. Hours of operation shall be limited to 7:00 AM through 9:00 PM to prevent disturbing noise during normal sleeping hours. Hours for the bituminous and / or concrete batching plant only may commence one hour earlier to accommodate a "warm up" period for the plant. Hours for the bituminous or concrete plant shall be from 6:00 A.M. through 8:00 P.M.

6. Access points from and onto any road or highway shall be clearly indicated, and only those access points shall be utilized. All access points must be approved by the appropriate jurisdictional agency.

7. Trucks used in hauling materials from the site of excavation shall be loaded in such a manner as to minimize spillage onto public roadways. Precautions must be taken to minimize the deposit of dirt and mined materials onto public roads or highways. Any spillage resulting from overloading or from adhering to truck tires shall be removed at regular intervals.

8. The amount of overburden to be removed shall not be in excess of that required to undertake operations in an economical manner. Development toward the final reclamation plan shall be carried on as excavation progresses.

9. Proposed back slopes, graded or back filled areas, or banks shall conform to the approved reclamation plan and shall be covered with sufficient topsoil to provide for re-vegetation. Where ground cover or other planting is indicated on an approved plan, such planting shall be made in areas where excavation is completed and land is not being used for material storage, and shall be as recommended by the SWCD.

10. Upon completion of excavation, all buildings, plants, and equipment, shall be removed within six (6) months, unless such buildings, plants, and equipment will be used in the reclamation process.

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

12. Mining operations shall not be conducted closer than fifty (50) feet to the boundary of an adjoining property line, unless the written consent of the adjoining property owner is first secured.

13. Excavating or stockpiling shall not be conducted closer than one hundred (100) feet to the right-of-way line of any existing or platted street, road, or highway, where such excavation may create a traffic or line of site problem.

14. A Reclamation Performance Bond or Letter of Credit for $1,000 per acre shall be presented to the County to guarantee that either upon termination of the permit or the operations, the ground surface of the land used shall be restored in conformity with the reclamation plan filed with the mining permit application.

15. Applicant agrees to assist the Lincoln Township Board to maintain the township haul road to Township Standards. Said agreement may include application of gravel, dust control, and / or grading.

16. Violations of any of the above conditions may lead to a review of this conditional use permit by the County Board. Actions taken by the Board may be civil or criminal in nature and may include suspension or revocation of this permit.

17. This permit shall be effective for five years, until June 24, 2002, after which time it shall be reviewed by the Blue Earth County Board of Commissioners.

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

The motion carried. 97-240

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

Lot 1, Block 1, King Addition, NW 1/4, NW 1/4, Section 10, LeRay Township.
has requested a Conditional Use Permit to move in a 1993 Highlander 16' x 80' single-wide manufactured home to replace an existing 1970 14' x 70' Pathfinder single-wide mobile home; and,

WHEREAS, the Planning Commission of the County on the 4th day of June 1997, following proper notice held a public hearing regarding the request and, following the hearing, adopted a recommendation that the request be granted; and,

WHEREAS, the Blue Earth County Board of Commissioners finds:

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

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

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

4. The proposed use will not adversely increase the quantity of water runoff.

5. The soils are adequate to accommodate the proposed use.

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

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

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

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

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

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

NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of Commissioners, that the request to locate 16' x 80' single wide mobile home as a temporary residence in an A-1, Agricultural Zoned District is granted contingent upon the following conditions:

1.That the manufactured home be installed in conformance with State of Minnesota manufactured home installation requirements.

2. That the Conditional Use Permit shall be valid for a period of five years, until June 24, 2002, after which time the permit shall be reviewed and may be continued, modified, or terminated.

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

The motion carried. 97-241

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

That part of the Northeast Quarter of the southwest Quarter of Section 3, Township 106 North, Range 26 West, described as:

Commencing at a found iron pipe monument designating the south quarter corner of Section 3; thence North 89 degrees 53 minutes 08 seconds West (assumed bearing) along the south line of the southwest Quarter of Section 3, a distance of 662.33 feet; thence North 00 degrees 12 minutes 36 seconds West, 2343.45 feet to the point of beginning; thence North 89 degrees 24 minutes 48 seconds West, 358.24 feet; thence North 00 degrees 22 minutes 36 seconds West, 295 feet, more or less to a point on the East-West centerline of Section 3; thence easterly along said East-West centerline, 359 feet, more or less to the point of intersection with a line which bears North 00 degrees 12 minutes 36 seconds West from the point of beginning; thence south 00 degrees 12 minutes 36 seconds East, 300 feet, more or less to the point of beginning.

That part of the Northeast Quarter of the Southwest Quarter of Section 3, Township 106 North, Range 26 West, Described as:

Commencing at a found iron pipe monument designating the south quarter of Section 3; thence North 89 degrees 53 minutes 08 seconds West (assumed bearing) along the south line of the southwest Quarter of Section 3, a distance of 662.33 feet; thence North 00 degrees 12 minutes 36 seconds West, 1838.45 feet to the point of beginning; thence continuing North 00 degrees 12 minutes 36 seconds West, 505.00 feet; thence North 89 degrees 24 minutes 48 seconds West, 358.24 feet; thence South 00 degrees 22 minutes 36 seconds East, 525.00 feet; thence North 87 degrees 22 minutes 36 seconds East, 357 feet to the point of beginning.

WHEREAS, the Blue Earth County Board of Commissioners finds:

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

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

3. That with proper management, the proposed use will not adversely increase the quantity of water runoff.

4. That soil conditions are adequate to accommodate the proposed use.

5. That the proposed use does not create a potential pollution hazard.

6. That adequate utilities, access roads, drainage and other necessary facilities have been or are being proposed.

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

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

9. That adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration, so that none of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result.

NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of Commissioners, that the request to operate a Level II Home Occupation from his property in an A-1, Agricultural Zoned District is granted contingent upon the following conditions:

1. The level II home occupation must be conducted entirely within the dwelling or accessory building and shall be carried on by the inhabitants thereof. No more than six (6) employees shall be allowed other than the inhabitants.

2. The total maximum floor area shall not exceed 5,000 square feet.

3. Signage shall be limited to a 32 square foot non illuminated sign located on the property.

4. There shall be no indication of offensive noise, vibration, smoke, dust, heat, or glare at or beyond the property line.

5. The operation of the home occupation shall begin no earlier than 8:00 a.m. and end no later than 5:00 p.m.

6. Materials and equipment shall be stored in an enclosed building or screened area.

7. Adequate off-street parking shall be provided. At least one properly signed handicapped accessible parking space and bathroom shall be provided.

8. The failing septic system must be repaired, replaced, or otherwise brought into compliance with applicable County And State regulations prior to, or concurrently with, construction of the addition to the existing business.

9. If the operation becomes or creates a public nuisance or is out of compliance with the terms of the Conditional Use Permit or other required permits, the County Board may review the Conditional Use Permit.

10. This conditional use permit shall be effective for a period of five years, until June 24, 2002, after which it will be reviewed by the Blue Earth County Board.

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

The motion carried. 97-242

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

WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC 34-97), a copy of said report has been presented to the County Board; and,

WHEREAS, the Blue Earth County Board of Commissioners finds:

1. 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 the density indicated by the applicable Zoning District.

NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of Commissioners, that the request 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.

2.All trash to be removed from the property prior to recording the Final Plat.

The motion carried. 97-243

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

WHEREAS, the Blue Earth County Board of Commissioners finds:

1.There are adequate utilities available.

2.The proposed plat will not adversely affect natural resources in the area.

3.The proposed subdivision meets the minimum standards of the County Zoning Ordinance, Shore land Ordinance, and Subdivision Ordinance.

4.The proposed plat will not be injurious to the enjoyment of other property in the immediate vicinity for the purposes already permitted.

5.That the density of the proposed development is not greater than the density of the surrounding area and not greater than the density allowed in the Agriculture Zoning District.

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

The motion carried. 97-244

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

The North Half of the Northwest Quarter Section 26, Rapidan Township, T. 107 N.- R. 27 W.,

WHEREAS, the Planning Commission of the County on the 4th day of June, 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 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 26-97.

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 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. 97-245

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

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

That part of the Northwest Quarter Section 7, Township 107 North, Range 27 West, Blue Earth County, Minnesota, described as:

Commencing at the Southwest corner of Section 6, Township 107 North, Range 27 West, thence North 89 degrees, 13 minutes, 56 seconds East (assumed bearing ) along the south line of the Southwest Quarter of Section 6, a distance of 1776.13 feet; thence South 03 degrees 21 minutes 06 seconds East, 138.63 feet to an iron pipe monument; thence South 87 degrees 34 minutes 30 seconds East, 215.01 feet; thence South 00 degrees 00 minutes 46 seconds East, 25.00 feet; thence North 87 degrees, 34 minutes 30 seconds West, 16.5 feet to the point of beginning; thence North 87 degrees 34 minutes 30 seconds West 421.91 feet; thence South 00 degrees 00 minutes 46 seconds East 1137.81 feet more or less to the centerline of County Road #9; thence Easterly along the center line of Country Road #9; thence Easterly along the centerline of County Road #9, 421.91 feet more or less to a point due south of the point of beginning; thence North 1137.81 feet to the point of beginning.

Contains 11.02 acres and is together with a 33 foot driveway easement over and across the northwest corner of Section 7 the centerline described as

Commencing at the Southwest corner of Section 6; thence North 89 degrees 13 minutes 56 seconds East (assumed bearing) along the South line of the Southwest Quarter of Section 6 a distance of 1776.13 feet; thence South 03 degrees 21 minutes 06 seconds East, 138.63 feet; thence South 87 degrees 34 minutes 30 seconds East, 215.01 feet to the beginning; thence South 00 degrees 00 minutes 46 seconds East, 1162.81 feet to the centerline of County Road #9 and there terminating.

WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC 37-97 ), 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 June, 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 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 37-97.

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 37-97.

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. 97-246

5. DNR BIOLOGICAL SURVEY
Mr. Fred Harris, Plant Ecologist/Botanist updated the Board on the Minnesota County Biological Survey, which is a systematic survey of rare biological features. The goal of the Survey is to identify significant natural areas and to collect and interpret data on the distribution and ecology of rare plants, rare animals and natural communities. The survey will begin this year in Blue Earth County.

6. HUMAN SERVICES
Mr. Dennis McCoy, Deputy County Administrator, presented the following Human Service items for the Boards consideration.
A presentation was made to Jane and John Foster, Mankato, in recognition of their efforts as Mental Health Advocates in Blue Earth County.
Commissioner Landkamer moved and Commissioner More seconded the motion to approve the following Human Service items:

Approve the following Medical Assistance-funded services for the period July 1, 1997 through December 31, 1998. The legislatively-mandated 5 percent increase is reflected in each of the agreements:

2. Harry Meyering Center, providing semi-independent living services and other Medical Assistance waivered services.

3. SMILES (Southern Minnesota Independent Living Enterprise Services), providing semi-independent living services and other Medical Assistance waivered services.

4. Prairie River, provision of Medical Assistance-funded waivered services.

5. Progressive Living Inc., provision of Medical Assistance waivered services.

6. REM--Mankato, providing semi-independent living services and other Medical Assistance waivered services.

7. Christian Concern, provision of Medical Assistance funded waivered services.

8. Habilitative Services, providing semi-independent living services and other Medical Assistance waivered services.

Approval of an agreement with the Interstate Reporting Company for state fiscal year 1998 in an amount not to exceed $48,750.00, plus sales tax.

Approval of an updated Human Service Department Fee Policy.

Approval of a host county contract with Horizon Homes Inc. For the period July 1, 1997 to June 30, 1998.

The motion carried. 97-247
The meeting recessed at 12:00 p.m.
The meeting reconvened at 1:30 p.m.

7. COUNTY DITCH #86 - FINAL HEARING
Pursuant to publication, a Public Final Hearing was held to hear the petition for the improvement of Main Tile Branch of County Ditch #86. The public hearing was opened for public comments by Chairperson Barnes at 1:30 p.m., June 24, 1997.
Mr. Jerry Kallheim, Land Records Director, reported that the detailed survey report has been submitted. Mr. Jeff Goetzman, Engineer gave the Engineers Report.
Mr. Earl Colstrup and Mr. Lowell Ross, Ditch Viewers, gave the Ditch Viewers Report and a copy of the report has been filed. The DNR Commissioner's final report has been submitted.
Public comments were heard from: Mr. Ervin Kaduce, Mapleton; Mr. Steve Trio, Mapleton; Ms. Katy Wortel, Mankato Township; Mr. Harvey Hislop, Mapleton; Mr. Kurt Deter, Attorney; Mr. Dan Reuter, Mapleton, and Mr. Jim Rood, Mankato.
After discussion, Commissioner More moved and Commissioner Bennett seconded the motion to continue the hearing on July 8, 1997 at 1:30 p.m. in the Courthouse, Boardroom, so that a revised report by the viewers may be submitted and the petitioners would be given time to investigate some possible changes. Chairperson Barnes closed the public hearing at 2:20 p.m. The motion carried. 97-248

9. BOARD OF EQUALIZATION
The County Board of Equalization was continued from June 16, 1997. Following discussion with Mr. Jerry Kallheim, Land Records Director and Mr. Jerry Sader, Assistant County Assessor, about factors involved with respective properties, the following action was taken.
Commissioner More moved and Commissioner Bennett seconded the motion to approve all township and village changes where there was no quorum and to approve the following:
Reduce market value from $107,000 to $94,600 to Mr. Ronald Nicholson, 1320 First Avenue, Mankato City, R01-09-07-231-006.
Reduce market value from $178,700 to $165,300 to Mr. Keith Flack, 1229 West River Drive, Mankato City, R01-08-23-228-006.
Reduce market value from $37,500 to $28,300 to Mr. Joseph Mocol, 316 Lafayette Street, Mankato City, R01-09-07-282-012.
No changes were made to the following:
Mr. Jeff Schmidt, 30 Woodview Drive, Mankato Township, R43 08 25 452 008
Mr. David & Ms. Katy Wortel, 1411 Pohl Road, Mankato Township, R43 09 20 203 003
Mr. Dennis Earle, 501 West Humphrey Street, Lake Crystal City, R09 12 05 107 005
Mr. Robert Van Guilder, Route 6, Box 207, Mankato Township, R43 08 35 401 002
Mr. John Felber, 227 West Ninth Street, Mankato City, R01 08 13 380 009
Mr. Mick Montag, 227 East Main Street, Mankato City, R01 09 18 128 005
Mr. Bill Dickmeyer representing Mr. Herman Huffer, 115 East Hickory Street, Mankato City, R01 09 18 104 037/R01 09 05 351 037
Mr. Doug Anderson and Ms. Shirley Baker, DDD Motel (Holiday Inn) 101 East Main Street, Mankato City, R01 09 07 381 001
Mr. James Hefner, Route 1, Box 136, Danville Township, R34 25 22 300 002
Mr. Eldon Marks, Section 29 of Shelby Township, R49 22 29 300 004
Mr. David Sowers, Route 1, Box 142, Shelby and Vernon Center Townships, R49 22 32 300 001, R49 22 31 200 005 and R52 1726 400 006
Mr. Robert Layman, 415 North Riverfront Drive and 22 Sumner Hills, Mankato City, R01 09 07 407 006 22 and R01 09 18 354 002
Mr. Bill Stapleman, 726 South Front Street, 630 South Front Street, 628 South Front Street, 118 West Liberty Street and 116 West Liberty Street, R01 08 13 281 015, R01 09 18 151 011, R01 09 18 151 010, R01 08 13 277 005, R01 09 18 151 009
Mr. Bob Boesch, 430 East Maine Street, Amboy City, R11 22 23 226 008
Mr. Mike Ramy, 103 Ann Street, Mankato City, R01 09 08 102 002
Mr. Cyril Leduc, P.O. Box 1910, St. Clair City, R17 15 17 205 015
The motion carried. 97-249

8. COUNTY DITCH #36 - CONTINUATION OF PRELIMINARY HEARING

Pursuant to publication, a public hearing was continued from June 10, 1997 to hear the petition for the improvement of County Ditch #36. The public hearing was opened for public comments by Chairperson Barnes at 3:00 p.m., June 24, 1997.
Mr. Jerry Kallheim, Land Records Director, read the DNR Report. Mr. Kurt Deter, Petitioners Attorney, commented on the petition. Mr. Chad Surprenant, Engineer, made comments in regards to the DNR report.
Public comments were heard from: Mr. Dennis Mikkelson, Lake Crystal; Mr. Kurt Deter, Petitioners Attorney; Mr. Herb Davis, Lake Crystal; Mr. Leroy Olson, Lake Crystal; Mr. Brad Leiding, Lake Crystal; Mr. Tom Schuster, Lake Crystal; Ms. Katy Wortel, Mankato Township.
After discussion, the proposed finding of the Board was that the proposed project is feasible; there is necessity for the proposed project; the proposed project will be of public benefit and promote public health and 103E.015 Sub 1 has been considered and the outlet is adequate.
Commissioner Bennett moved and Commissioner More seconded the motion to order a detailed survey report and appoint Mr. Ron Ringquist, Ruthton; Mr. Lowell Ross, Albert Lea; and Mr. Obert Haldorson, Austin as Ditch Viewers and Mr. Tom Roberts, Cambria, as a Viewer Trainee; with the condition that Commissioner Bennett check into Mr. Ringquist' availability and fee before appointing Mr. Ron Rinkus. After investigation, Mr. Rinkus' fee was found to be $400-500/day so Mr. Tom Behrends from Freeborn County was appointed in his place as the Ditch Viewer. Chairperson Barnes closed the public hearing at 3:45 p.m. The motion carried. 97 250
Commissioner Tacheny moved and Commissioner Landkamer seconded the motion to adjourn the Board Meeting at 4:00 p.m. The motion carried. 97-251