WHEREAS; Several Agricultural Goals and Policies were developed in the 1998 Land Use Plan in response to those concerns. The first goal and policy of the Blue Earth County Land Use Plan adopted by the Blue Earth County Board of Commissioners on June 30, 1998, stated: "Large areas of Blue Earth County contain very productive agricultural land. It is in the best interest of the County to maintain these agricultural areas through limiting the intrusion of urban uses and, thereby, limiting the cost of public services. It is also in the County's best interest to adopt performance standards for certain agricultural uses to protect natural resources." A timetable of July, 1999 was set for the adoption of a Right-to-Farm Ordinance; and,

WHEREAS; A Right-to-Farm Ordinance was prepared by staff after reviewing several similar ordinances; and,

WHEREAS, the Planning Commission of the County on the 7th Day of April, 1999, following proper notice held a public hearing regarding the Right-to-Farm Ordinance. After taking testimony in the matter the Planning Commission voted to deny the Ordinance, and directed that a notification alternative to the Right-to-Farm Ordinance be advertised for consideration. A second hearing was held to consider the proposed notification amendment on May 5, 1999, following proper notice. After consideration, the Planning Commission voted on a motion to forward a recommendation of approval of the Ordinance amendment to the County Board. The motion for approval failed; and,

WHEREAS, the Blue Earth County Board of Commissioners on the 29th day of June, 1999, following proper notice held a public hearing regarding the request, and following consideration of testimony, voted to approve the proposed Ordinance Amendment; and,

WHEREAS, the Blue Earth County Board of Commissioners finds:

1. The intent of the Agricultural District, as stated in the Blue Earth County Land Use Ordinance, is "to allow extensive areas of Blue Earth County to be preserved in agricultural use."

2. Preservation of agricultural land is a priority of the citizens of Blue Earth County.

3. Local, State and Federal regulations are meant to protect the health, safety, and welfare of the public by regulating animal operations and application of animal manure.

4. Blue Earth County has assertively enforced it's Livestock Manure Management Ordinance which adopted the MPCA 7020 feedlot Rules. The Ordinance established reasonable setbacks between feedlot buildings and neighboring residences, regulates minimum lot size and density for feedlots, and was promulgated to provide protection against pollution caused by manure from domesticated animals

5. Agricultural operations conducted in compliance with Local, State, and Federal regulations may create certain inconveniences and/or discomforts associated with normal and accepted agricultural practices and operations. These inconveniences or discomforts may include, but are not limited to; noise, odors, dust, operation of aircraft and late night operation of farm machinery, the storage and application of manure, fertilizers, soil amendments, herbicides, and pesticides.

6. Certain non-farm uses may conflict with normal and accepted agricultural operations.

7. Adoption and implementation of this ordinance amendment will serve to educate and notify rural residents, and future purchasers of properties in the rural areas, that the inconveniences and discomforts listed above are associated with normal and accepted agricultural operations.

NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of Commissioners, that the following Ordinance Amendment to the Blue Earth County Land Use Ordinance, Section 6, Agricultural District, 0100.0601 is hereby adopted.

The amendment will be inserted as Subp. 2, and the numbering sequencing adjusted accordingly. The proposed amendment is underlined.

Subp. 2. Agricultural Operations. Through the adoption of this ordinance amendment the Blue Earth County Board of Commissioners is expressing it's intent to enhance and encourage agricultural operations within the boundaries of Blue Earth County. The County will view the agricultural district as a zone in which land is used for commercial agricultural production.

Owners of property, residents, other users of property in the agricultural zone, and neighboring properties adjacent to the agricultural zone may be subjected to inconvenience or discomfort arising from normal and accepted agricultural practices and operations including, but not limited to; noise, odors, dust, operation of aircraft and late night operation of farm machinery, the storage and application of manure, fertilizers, soil amendments, herbicides, and pesticides associated with normal agricultural operations.

Owners of property, residents, other users of property in the agricultural zone, and neighboring properties adjacent to the agricultural zone, should be prepared to accept such inconveniences or discomfort from normal operations, and are hereby put on official notice, pursuant to Minnesota Statutes, Chapter 561.19, that this declaration may prevent them from obtaining a legal judgement against such normal operations.

If this amendment is adopted, it is suggested that the following verbiage be added to construction permits as formal notification to residents of rural Blue Earth County...

Pursuant to Section 0100.0601, Subpart 2, or the Blue Earth County Land Use Ordinance, the applicant is being officially notified that noise, odor, dust, aircraft operation, late night operation of farm machinery, and application of manure, soil amendments, fertilizers, herbicides, and pesticides are associated with normal agricultural operations.

Suggested verbiage which may be included in resolutions relating to the granting of variances from the required residence to feedlot setbacks, Conditional Use Permits to Transfer Development Rights, and/or plats in the agricultural area...

WHEREAS; the Blue Earth County Land Use Ordinance, Section 6, Agricultural District, Subpart 2, Agricultural Operations, states: "Through the adoption of this Ordinance Amendment the Blue Earth County Board of Commissioners is expressing it's intent to enhance and encourage agricultural operations within the boundaries of Blue Earth County. The County will view the agricultural district as a zone in which land is used for commercial agricultural production.

Owners of property, residents, other users of property in the agricultural zone, and neighboring properties adjacent to the agricultural zone may be subjected to inconvenience or discomfort arising from normal and accepted agricultural practices and operations including, but not limited to; noise, odors, dust, operation of aircraft and late night operation of farm machinery, the storage and application of manure, fertilizers, soil amendments, herbicides, and pesticides associated with normal agricultural operations.

Owners of property, residents, other users of property in the agricultural zone, and neighboring properties adjacent to the agricultural zone, should be prepared to accept such inconveniences or discomfort from normal operations, and are hereby put on official notice, pursuant to Minnesota Statutes, Chapter 561.19, that this declaration may prevent them from obtaining a legal judgement against such normal operations;" and

WHEREAS; the applicant understands and acknowledges said section 0100.0601, Subpart 2,

NOW THEREFORE BE IT RESOLVED...(remainder of text authorizing the Variance, Conditional Use Permit, etc).

This Ordinance amendment shall become effective 30 days after it's passage and publication.

The motion carried. Chairperson Bennett officially closed the public hearing at 10:34 a.m., June 29, 1999. A transcript of this hearing is on file at the County Administrator's Office, Courthouse, Mankato, MN. 99-231

Commissioner Landkamer moved and Commissioner McLaughlin seconded the motion to set a hearing on July 27, 1999 at 9:30 a.m. to review and adopt a new ordinance titled Blue Earth County Adult Use Ordinance, Chapter 150.

The motion carried. 99-232

Commissioner McLaughlin moved and Commissioner Landkamer seconded the motion to set a hearing on July 27, 1999 at 9:30 a.m. to review and adopted an Amendment to the Blue Earth County Land Use Ordinance Section 16, Regulation of Off-premises Advertising Signs.

The motion carried. 99-233

Commissioner Barnes moved and Commissioner Landkamer seconded the motion to set a temporary moratorium for 90 days, effective today, on any Off-Premises Advertising Signs.

RESOLUTION ESTABLISHING A TEMPORARY MORATORIUM ON APPROVALS OF OFF-PREMISE ADVERTISING SIGNS WHEREAS, The City of Mankato has completed an Urban Design Project to draft revised standards for private and public development. The project's participants included a cross section of the community including representatives of the Blue Earth County Board of Commissioners and the townships surrounding the City of Mankato. Findings of the planning initiative were used to review private development proposals for approval, as well as for public street improvements, zoning ordinance amendments, and revisions to the City's Land Use Plan; and,

WHEREAS, a letter dated May 5, 1999, drafted by City Planner of the City of Mankato advised that the City's sign ordinance was recently amended to reflect the new urban design standards and advised that it appeared that the industry was taking advantage of the County's less restrictive sign standards to obtain approval for off-premises advertising signs along major thoroughfares leading into the City of Mankato, adversely impacting the design standards adopted by the City; and,

WHEREAS, nine off-premises advertising signs were approved by the Blue Earth County Planning Commission at their meeting on May 5, 1999, and applications were submitted for two more off-premises advertising signs to be heard at the June 2, 1999 Planning Commission meeting; and,

WHEREAS, the request from the City and the pending applications were discussed with the County Board at their meeting on May 25, 1999. Staff was instructed to prepare amendments to the Blue Earth County Land Use Ordinance to address the issue of off-premises advertising sign standards; and,

WHEREAS, the Planning Agency of the County has completed a review of the proposed amendments to the sign section of the Land Use Ordinance and made a report pertaining to said amendments (PC 40-99), a copy of said report has been presented to the County Board; and,

WHEREAS, the Planning Commission of the County on the 2nd day of June, 1999, following proper notice held a public hearing regarding the proposed amendment and, following the hearing, adopted a recommendation that the amendment be adopted; and,

WHEREAS, the County Board of Commissioners, at their meeting on June 29, 1999, discussed the issue of the amendment, set a date of July 27, 1999, to hear the proposed amendment, and pursuant to Minnesota Statutes, Chapter 394.34 voted to establish a 90 day temporary moratorium on the processing of any pending or future applications to allow time to classify and regulate uses and related matters and to determine whether the proposed Ordinance Amendment should be adopted and implemented to protect the public health, safety and welfare; and

WHEREAS, the Blue Earth County Board of Commissioners finds:

1. The revision of the City of Mankato's Sign Ordinance has resulted in a significant increase of applications by the advertising industry to locate off-premises advertising signs in the un-incorporated areas of the County along major thoroughfares serving as the gateways to the City of Mankato.

2. The increase in the number of off-premises advertising signs locating along the major arteries leading to the City has the potential to adversely affect the Urban Design Standards adopted as a result of the joint planning initiative.

3. The sign section of the Blue Earth County Land Use Ordinance no longer affords the protection needed to ensure that Blue Earth County and the City of Mankato are not adversely affected.

4. An Ordinance Amendment revising design and installation standards for off-premises advertising signs has been drafted, reviewed, and recommended for approval by the Blue Earth County Planning Commission.

8. The temporary 90 day moratorium is necessary to hold hearings to determine whether the proposed Ordinance Amendment shall be adopted and implemented, to protect the public health, safety, and welfare.

NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of Commissioners, that this resolution establishing a 90 day moratorium on approvals of applications for off-premise advertising signs shall become effective immediately upon it's passage and without publication.

The motion carried. 99-234 Commissioners McLaughlin and More voted nay.

Commissioner Barnes moved and Commissioner Landkamer seconded the motion to notify the Applicant for PC 41-99: Supreme Outdoor Advertising and Pondview Properties LLP, that their request has been deferred for 90 days because of the just passed moratorium.

The motion carried. 99-235 Commissioners More and McLaughlin voted nay.

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

RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO OPERATE A LEVEL II HOME OCCUPATION IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, DECORIA TOWNSHIP

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

Part of the Northeast Quarter of Section 7, Township 107 North, Range 26 West, Blue Earth County Minnesota, described as : All that part of Lot Two (2) Lewis's Subdivision of the Southeast Quarter of Section 7, Township 107 North, Range 26 situated and lying North of the Le Sueur River and East of the right of way of Blue Earth County Highway No. 8 (formerly State Trunk Highway No.22 which was formerly known as State Trunk Highway No. 39) in said Quarter section EXCEPT Parcel O on the plat designated as Blue Earth County Highway Right-of-Way Plat No. 8.
AND
All that part of Lot Two (2), Lewis's Subdivision of the Southeast Quarter (SE1/4), Section Seven (7), Township One Hundred and Seven (107), Range Twenty-six (26), situated and lying north of the Le Sueur River and west of the right-of-way of Blue Earth County Highway No. 8 (formerly State Trunk Highway No. 22 which was formerly known as State Trunk Highway No. 39), in said Quarter section.

has applied for a Conditional Use Permit to operate a construction business in an accessory building as a Level II Home Occupation in an Conservation 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 42-99 ), a copy of said report has been presented to the County Board; and

WHEREAS, the Planning Commission of the County on the 2nd day of June 1999, following proper notice, held a public hearing regarding the request and, following the hearing, adopted a recommendation that the request for a Conditional Use Permit be granted; and

WHEREAS, the Blue Earth County Board of Commissioners finds:

1. That the Construction Business operated as a Level II Home Occupation conforms with the County Land Use Plan.

2. That with proper management, the Construction Business operated as a Level II Home Occupation will not degrade the water quality of the County.

3. That the accessory building will not adversely increase the quantity of water run-off.

4. That soil conditions are adequate to accommodate a Construction Business operated as a Level II Home Occupation.

5. That with proper management the Construction Business operated as a Level II Home Occupation does not create a potential pollution hazard.

6. That adequate utilities, access roads, drainage and other necessary facilities have been or are being provided to accommodate the Construction Business as a Level II Home Occupation.

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

8. That facilities are provided to eliminate any traffic congestion or traffic hazard which may result from a Construction Business operated as Level II Home Occupation.

9. That the Construction Business operated as a Level II Home Occupation 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 Construction Business will not impede the normal and orderly development and improvement of surrounding vacant property for the predominant uses in the area.

11. That the intensity of the proposed home occupation use is not greater than the intensity of the surrounding uses or not greater than intensity characteristics of the Conservation 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 Construction Business as a Level II Home Occupation in an Conservation Zoning District, is granted with the following conditions:

1. That the Construction Business be limited to one accessory building and operated clearly as an accessory to the dwelling on the same parcel of land.

2. That signage be limited to a 32-square foot, non-illuminated sign on the property.

4. That materials and equipment shall be stored in an enclosed building.

5. That off road parking for each employee be provided on site, and the number of employees shall be limited to six. No parking shall be allowed on the Township road.

6. That the home occupation shall be limited to no more than 5,000 square feet of floor area.

7. That the applicant provide access, parking, and bathroom facilities as required by Chapter 1340 of the Minnesota State Building Code, Facilities for the Handicapped and the CABO/ANSI A1117.1-1192 Handicapped Accessibility Standards must be met.

8. That the home occupation only be limited to use as a construction business.

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

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

11. The Conditional Use Permit shall be effective for a period of five years following County Board approval, until June 29, 2004. The applicant shall make application for review of the permit prior to May 1, 2004.

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

The motion carried. 99-236

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

RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO CONSTRUCT A 120' X 1,000' GRAIN STORAGE BUILDING TO EXPAND AN EXISTING COMMERCIAL GRAIN HANDLING FACILITY IN AN A-1, AGRICULTURAL ZONED DISTRICT, IN THE NW 1/4 OF SECTION 16, JUDSON TOWNSHIP

WHEREAS, Dennis Mikkelson and Donna Mikkelson, Mikkelson Properties, and Gregory Mikkelson, dba Mikkelson Enterprises, owners of the following real estate in the County of Blue Earth to wit:

Parcel 1 The South 500 feet of the North 950 feet of the West 280 feet of the Northwest Quarter of Section 16, and also the South 520 feet of the North 950 feet of the East 320 feet of the West 600 feet of the Northwest Quarter of Section 16, all in Township 108 North, Range 28 West, Blue Earth County, Minnesota.

Parcel 2 Commencing at the Northwest corner of the Northwest Quarter of Section 16, Township 108 North, Range 28 West, thence running South along the West line of said Northwest Quarter a distance of 300 feet, thence East on a line parallel with the North line of said Northwest Quarter a distance of 400 feet, thence North on a line parallel with the West line of said Northwest Quarter a distance of 300 feet to the North line of said Northwest Quarter, thence West on said North line a distance of 400 feet to the place of beginning; AND,

The South 130 feet of the North 430 feet of the East 120 feet of the West 400 feet of the Northwest Quarter (NW 1/4) of Section 16, Township 108 North, Range 28 West; AND

The North 300 feet of the East 200 feet of the West 600 feet of the Northwest Quarter (NW 1/4) of Section 16, Township 108 North, Range 28 West; AND

The South 130 feet of the North 430 feet of the East 200 feet of the West 600 feet of the Northwest Quarter (NW 1/4) of Section 16, Township 108 North, Range 28 West.

Parcel 3 The Southwest Quarter (SW1/4) of the Northwest Quarter (NW 1/4); the East Half (E 1/2)of the Northwest Quarter (NW 1/4), and the Northwest Quarter (NW1/4) of the Northwest Quarter (NW 1/4), all in Section 16, Township 108 North, Range 28 West, save and except the following described tract, to-wit: commencing at the Northwest corner of the Northwest Quarter (NW 1/4) of Section 16, Township 108 North, Range 28 West, thence running South along the West line of said Northwest Quarter (NW 1/4) a distance of 550 feet, thence East on a line parallel with the North line of said Northwest Quarter (NW 1/4) a distance of 400 feet, thence North on a line parallel with the West line of said Northwest Quarter (NW 1/4) a distance of 550 feet to the North line of said Northwest Quarter (NW 1/4), thence West on said North line a distance of 400 feet to the place of beginning, containing approximately 5 acres.

have requested a Conditional Use Permit to bring an existing grain handling facility into compliance and to construct a 120' x 1,000' flat storage building to expand said existing facility; and

WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC 43-99), a copy of said report has been presented to the County Board; and,

WHEREAS, the Planning Commission of the County on the 2nd Day of June, 1999, following proper notice held a public hearing regarding the request and, following the hearing, adopted a recommendation that the request be approved; 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 approve a Conditional Use Permit to bring an existing grain handling facility into compliance, and to allow expansion of said facility be adding a 120' x 1,000' flat storage building, in the Agricultural Zoned District is hereby granted contingent upon the following conditions:

1. That the applicant obtain / maintain all permits required by the Department of Agriculture and Minnesota Pollution Control Agency.

2. That construction permits be obtained prior to the commencement of construction.

3. That off-road parking be provided for vehicles waiting to unload grain.

4. That the Conditional Use Permit be valid for five years from the date of approval by the Board. Violations of any of the conditions may lead to reviewal by the Board.

5. Future divisions of this land will comply with the requirements of the Blue Earth County Subdivision Ordinance.

This conditional use permit shall become effective immediately upon it's passage and without publication.

The motion carried. 99-237

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

BLUE EARTH COUNTY RESOLUTION AUTHORIZING THE LOCAL MATCH AND SIGNATURE OF CHALLENGE GRANT DOCUMENTS VILLAGE OF RAPIDAN WASTE WATER PLANNING

WHEREAS, Blue Earth County has a State approved and locally adopted Comprehensive Local Water Plan as defined by Minnesota Rule, Chapter 8405.0110 and has implemented a local levy; and

WHEREAS, the State of Minnesota, through its Board of Water and Soil Resources and Pollution Control Agency, has made state grant funds available to counties for the accelerated implementation of comprehensive local water plans, if a county agrees to provide the required match; and

WHEREAS, Blue Earth County wishes to apply for up to $3,000 in state grant funds and agrees to provide matching funds or in-kind goods and services, up to the amount of the grant.

NOW, THEREFORE, BE IT RESOLVED: That the Blue Earth County Board of Commissioners authorizes the appropriation of $3,000 cash or in-kind goods and services as a match to state funds. In addition, the Chair and Administrator are authorized to sign the Grant Agreement and all other related documents on behalf of the County.

The motion carried. 99-238 (Adjust Budgets Accordingly)

Commissioner Landkamer moved and Commissioner McLaughlin seconded the motion to approve the following:

BLUE EARTH COUNTY RESOLUTION AUTHORIZING THE LOCAL MATCH AND SIGNATURE OF CHALLENGE GRANT DOCUMENTS VILLAGE OF JUDSON WASTE WATER PLANNING

WHEREAS, Blue Earth County has a State approved and locally adopted Comprehensive Local Water Plan as defined by Minnesota Rule, Chapter 8405.0110 and has implemented a local levy; and

WHEREAS, the State of Minnesota, through its Board of Water and Soil Resources and Pollution Control Agency, has made state grant funds available to counties for the accelerated implementation of comprehensive local water plans, if a county agrees to provide the required match; and

WHEREAS, Blue Earth County wishes to apply for up to $3,000 in state grant funds and agrees to provide matching funds or in-kind goods and services, up to the amount of the grant.

NOW, THEREFORE, BE IT RESOLVED: That the Blue Earth County Board of Commissioners authorizes the appropriation of $3,000 cash or in-kind goods and services as a match to state funds. In addition, the Chair and Administrator are authorized to sign the Grant Agreement and all other related documents on behalf of the County.

The motion carried. 99-239 (Adjust Budgets Accordingly)

Commissioner Landkamer moved and Commissioner McLaughlin seconded the motion to approve the following resolution:

RESOLUTION OF THE BLUE EARTH COUNTY BOARD OF COMMISSIONERS

BE IT RESOLVED by the Blue Earth County Board of Commissioners that the County enter into the attached Substate Agreement Amendment with the Minnesota Pollution Control Agency (MPCA) to amend the Substate Agreement Number PO R32 0000 0000 581 between the Blue Earth County, as fiscal agent of the 13 County, South Central Minnesota Comprehensive Water Planning Project and the MPCA for the "WILL Facilitator, Planner, Coordinator" of the Blue Earth River, LeSueur River, and Watonwan River.

BE IT FURTHER RESOLVED by the Blue Earth County Board of Commissioners that the Chairperson be authorized to execute the attached Substate Agreement Amendment for the above mentioned Project on behalf of the County.

WHEREUPON the above resolution was adopted at the regular meeting of the Blue Earth County Board this 29th day of June, 1999.

The motion carried. 99-240

5. BOARD OF EQUALIZATION

Commissioner Barnes moved and Commissioner McLaughlin seconded the motion to approve all township and village changes where there was no quorum and to approve the following:

Reduce market value from $273,100 to $258,800 to Mr. Antje Meisner, 124 E Bay Dr, Madison Lake City, R39-10-02-252-004.

No changes were made to the following:

Cat N' Fiddle, Ms. Irene Peterson, RR 4, Box 30, New Ulm City, R32 01 18 200 007 Mr. John Selland, RR 6, Box 80, Madelia City, R41 11 05 100 002, R41 11 06 200 001, R41 11 06 200 002, R41 11 07 100 001, R31 06 31 400 003 Mr. Matthew Oswald, 3019 Mustang Dr., Madison Lake City, R37 05 33 226 015 Mr. David Sowers, RR1, Box 142, Amboy City, R49 22 31 200 005, R49 22 32 300 001 Mr. Brad Hussong, 121 Grace Ct, Mankato City, 320 E Hickory St, Mankato City, 225 S Broad St, Mankato City, 724 N 2nd St, Mankato City, R01 09 18 307 007, R01 09 18 132 019, R01 09 18 132 012, R01 09 07 404 006 Ms. Viola Hiller, R13 18 09 236 003, R13 18 09 226 010, R13 18 09 226 011, R13 18 09 226 008, R13 18 09 236 004, R13 18 09 236 001, R13 18 09 236 002 Ms. Margaret Geirut, 1285 Range St, Mankato City, R01 08 01 401 015 Mr. Jerry Soost, 712 S Broad St, Mankato City, R01 09 18 156 008 Mr. David Wortel, 1411 Pohl Rd, Mankato City, R43 09 20 203 003 Mr. Jeff Schmidt, 140 Monks Ave and 30 Woodview Dr, Mankato City, R01 09 18 476 029 and R43 08 25 452 008 Mr. Steve Dummermuth, Elm Real Estate, 1845 N Riverfront Dr, Mankato City, R01 09 05 353 001 Mr. Scott Sonnek, RR8, Box 72A, Mankato City, R25 14 03 100 002 Mr. Mick Montag, 117 Mayan Way, Mankato City, R01 09 30 202 018 Ms. Sharon Schaller, RR 1, Box 222, Mankato City, R50 08 27 200 003 Ms. Elaine Johnson for Myrtle High Trust, RR 2, Box 218, New Ulm City, R32 01 29 100 004

The motion carried. 99-241

HUMAN SERVICES Commissioner Landkamer moved and Commissioner More seconded the motion to approve the following Human Services items: Approval of the agency fee policy which was last revised in 1997. The proposed revisions include an increase in mental health outpatient fees at 4.1 percent to 11.1 percent depending on degree/license, an increase in skilled-nursing rate to the maximum allowed by Medicare, and the addition of a fee category to incorporate Nurse Practitioners into the Mental Health Center. Effective July 5, 1999.

Approval of a two-year agreement extending the current agreement with Midwest Welfare Fraud Investigations for the period July 1, 1999, through June 30, 2001.

The Community Health Department is in the process of developing its four-year plan. Approve a resolution by the Community Health Board delegating certain authorities to the Community Health Administrator. The Legislature authorized 4 percent increases effective July 1, 1999, for numerous service providers. The following provider contracts or renewal agreements are effective July 1, 1999, through June 30, 2000, and are subject to the legislatively-mandated increase. They provide services under one or more of the Medicaid Waivered Service Programs.

1. Alliance Health Care/Alliance Health Services 2. Becklund Home Health Care 3. Care IV Home Health and Infusion Services 4. Community Home Health, Inc. 5. Habilitative Services, Inc. 6. Home Nursing Services, Inc. 7. Immanuel-St. Joseph's-Mayo Health System 8. Madelia Hospital Home Care 9. Mankato Lutheran Adult Day Services 10. Mankato Lutheran Home Care 11. MBW Company 12. Mybeck Inc. 13. Natural Surroundings 14. New Horizons Home Care, Inc. 15. New Ulm Medical Home Care 16. Prairie River Home Care, Inc. 17. S.M.I.L.E.S. (Southern Minnesota Independent Living Enterprise Services) 18. Senior Nutrition, Inc. 19. REM-Mankato, Inc. (SILS and waivered service programs) 20. Harry Meyering Center (SILS and waivered service programs) 21. Elm Homes (waivered service programs) 22. Progressive Living, Inc. 23. Christian Concern (waivered service programs) 24. S.M.I.L.E.S. 25. MRCI-Day Training and Habilitation Services 26. HSI, Inc.

Renewal of an agreement with Mankato Lutheran Home Care to provide Medicare-certified home health aide services.

Approval of a renewal agreement with Horizon Homes to provide halfway house (Rule 36) services for individuals with mental illness. The 4 percent rate increase in this agreement is also legislatively mandated.

Approval of an agreement with MRCI to provide employability services for individuals with severe and persistent mental illness.

Energy Assistance Program master agreement with the Department of Children, Families and Learning for the period July 1, 1999 through September 30, 2000.

A contract with the Region Nine Development Commissioner to accept two grants on behalf of the South Central Children's Project.

A. $5,000 for the BMX Bike Team. B. $2,350 for the Youth Gardening Club program.

Addendum to the County waiver service provider agreement with the State allowing Blue Earth County access to the regional allocation of crisis dollars for crisis respite services. This agreement is for the period July 1, 1999 through June 30, 2000.

The motion carried. 99-242

Mr. Paul Schuster, Chairperson, gave a report on the June 10, 1999 Human Services Advisory Committee meeting. The meeting recessed at 12:00 p.m.

The meeting reconvened at 1:30 p.m.

7. DCA BENEFIT PLAN

8. PUBLIC WORKS

The motion carried. 99-243

Commissioner More moved and Commissioner McLaughlin seconded the motion to participate with the City of Mapleton on The Borchert Street Project.

The motion carried. 99-244

Commissioner Barnes moved and Commissioner Landkamer seconded the motion to approve the Chairperson to sign the Memo of Understanding with MNDot and the City of Mankato for TH 14/CSAH 3 Interchange.

The motion carried. 99-245

9. ERICKSON-STENZEL C.U.P. REHEARING

Pursuant to publication, a public hearing was held to hear a request for a Conditional Use Permit to allow replacement of a non-conforming seasonal cabin on Duck Lake. The cabin was destroyed by a wind storm on May 15, 1998. The public hearing was opened for public comments by Chairperson Bennett at 2:32 p.m., June 29, 1999. Mr. Ross Arneson, County Attorney, stated the legal aspects from the Board of Appeals that need to be addressed. Ms. Mary Jo Miller, Bolton and Menk, gave a presentation of the Waste Water Treatment Facilities Plan for Duck Lake. Mr. Veryl Morrell, read into the record the staff report and findings for the request. Mr. Ed Fick, Shoreland Hydrologist for the State of Minnesota, gave a historical overview of the Minnesota Shoreland Management Program. Public comments were heard from the following: Mr. Frank Richardson; Ms. Darlene Dickmeyer, Madison Lake; Mr. Jerry Stenzel, Applicant; Mr. Dennis Haefner, Mayor of Madison Lake; Mr. Paul Young, Duck Lake; Mr. Bill Dickmeyer, Mankato; Ms. Katy Wortel, Mankato Township; Mr. Frank Richardson, Mankato; Mr. Dewey Mettler, Madison Lake; Mr. Greg Vnn Eckhout of MSU Water Resources statement read by Mr. Mettler; Mr. Scott Kelly, Attorney for Applicants; Mr. Greg Schmidt, North Mankato; Mr. Bob Maes, Mankato; Ms. Natalie Dahl, Duck Lake and Ms. Mary Jane Wandersee, Mankato. Chairperson Bennett closed public comments at 5:54 p.m. Staff commented on questions that were raised from the public comments. After Board discussion, Commissioner More moved to recommend approval with the condition that the applicant hook up to water and sewer when it is available. Commissioner McLaughlin seconded the motion after clarification that the motion included the seven conditions that the Planning and Zoning Commission approved: RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO ALLOW REPLACEMENT OF A DESTROYED SEASONAL CABIN IN THE RURAL TOWNSITE AND SHORELAND ZONED DISTRICTS, UNIT # 574, DORAN'S ESTATES, NW 1/4 OF THE NE 1/4, SECTION 27, JAMESTOWN TOWNSHIP

WHEREAS, Gladys Juberian-Erickson, Peggy J. Stenzel, and Terri A. Bergeron owners of the following real estate in the County of Blue Earth, Minnesota, to wit:

Unit # 574, Common interest community No 19, A Planned Community, Doran Estates, located in Section 27, Jamestown Township, Blue Earth County.

have requested a Conditional Use Permit to allow replacement of a seasonal cabin destroyed by a wind storm on May 15, 1998; and,

WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC 46-98), a copy of said report has been presented to the County Board; and,

WHEREAS, the Planning Commission of the County on the 1st day of July, 1998, following proper notice held a public hearing regarding the request and, following the hearing, adopted a recommendation that the request be granted; and,

WHEREAS, the County Board of Commissioners, following proper notice, held a public hearing on July 28, 1998, regarding the request and, following the hearing, approved the request with a condition that no construction permits be issued until connection to municipal sewer was available; and,

WHEREAS, the applicant appealed the decision of the County Board to the Minnesota Court of Appeals which remanded the request back to the County Board for re-consideration and detailed findings; and,

WHEREAS, the County Board of Commissioners, following proper notice, held a public hearing on June 29, 1999, to re-consider the request (PC 38-99) and, after taking testimony, again conditionally approved the request; and,

WHEREAS, the Blue Earth County Board of Commissioners finds:

1. In a letter submitted by the applicants, addressed to the County Board, the cabin owners advised that their insurance company and building contractor have totaled the cabin.

2. A Conditional Use Permit is required to rebuild non-conforming structures when they are more than 50 % destroyed as a result of disaster.

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

4. The proposed use will not degrade the water quality of the county.

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

6. Soil conditions are adequate to accommodate the proposed use.

7. The proposed use does not create a pollution hazard.

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

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

11. The density of proposed residential development is not greater than the density indicated by the applicable zoning district(s).

12. Permits are being issued for holding tanks when septic system upgrades are required pursuant to Shoreland regulations. Holding tanks are seen as a temporary solution to sewage problems for existing non-conforming uses when lot size or soils conditions prevent installation of an on-site sewage treatment system. This practice is consistent with the common goal of eliminating substandard septic systems and sources of pollution to surface waters.

13. Site specific conditions and such other conditions are established as required for the protection of the public's health, safety, and general welfare.

14. The Conditional Use Permit is reasonable in this case due the prior use of the site, even if it may not fully comply with current zoning standards and is being "grand-fathered in" due to unique, fact specific circumstances.

NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of Commissioners, that the request for a conditional use permit to allow replacement of a seasonal cabin destroyed by a wind storm on May 15, 1998 in the R-T, Rural Townsite and Shoreland Zoning Districts, on a General Development Lake, is granted contingent upon the following conditions:

1. No construction may commence until construction permits have been obtained.

2. The existing holding tank may continue to serve the cabin until municipal utilities become available. Records pertaining to maintenance and pumping of the tank will be kept and made available to the County Sanitarian upon request.

3. The applicant must furnish a certificate of compliance from an MPCA licensed compliance inspector confirming that the holding tank is water tight.

4. No above grade decks shall be placed in front of the cabin, and any such existing deck must be removed before issuance of a construction permit for a replacement cabin.

5. Vegetative screening shall be planted between the lake and the cabin. Conifers shall be 6-8 feet tall.

6. The cabin shall be painted in neutral or earth-tone colors to blend into the natural environment.

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

Passed this 29th Day of June, 1999.

The motion carried. Commissioner Barnes voted nay. Chairperson Bennett officially closed the public hearing at 6:36 p.m., June 29, 1999. A transcript of this hearing is on file at the County Administrator's Office, Courthouse, Mankato, MN. 99-246

3. ADMINISTRATIVE SERVICES

BLUE EARTH COUNTY BOARD OF COMMISSIONERS RESOLUTION AUTHORIZING A HIGHER TAX RATE

WHEREAS, the Minnesota Legislature has enacted Chapter 243, Laws of 1999, and the Governor has signed this Chapter into law; and

WHEREAS, Article 6, Section 2, of that law requires a county board of commissioners to adopt and file an authorizing resolution by October 20, 1999, in order for the county auditor to set a tax rate greater than a theoretical rate calculated using the prior year's county levy and the current year's net tax capacity; and,

WHEREAS, Blue Earth County considers it essential to begin its budget process as early as possible in the calendar year in order to maximize the opportunity for input by all concerned parties and allow full and thorough review of all expenditure items; and,

WHEREAS, in addition to lawfully determined levy increases, there are factors yet unknown which could cause the actual tax rate to be higher than this theoretical rate, such as change in state or federal funding, abatements, or change in other revenues; and, WHEREAS, it is therefore necessary to provide such authorization prior to proceeding with the budget process to absolutely ensure compliance with state law; and

WHEREAS, Blue Earth County is one of several counties that, by statute, has abolished the office of County Auditor and transferred the authority of the County Auditor to the County Finance Director.

NOW, THEREFORE BE IT RESOLVED that the County Finance Director be given the authority to spread any tax rate which is lawfully determined through the county's budget process and in compliance with state levy limitations and Truth in Taxation notices and hearings, including a tax rate that would be higher than the theoretical rate calculated using the prior year's county levy and the current year's net tax capacity.

BE IT FURTHER RESOLVED that an official copy of this adopted resolution be filed with the County Finance Director.

The motion carried. 99-247

The April Financial Status Report and the May Financial Status Report were presented as informational items. Commissioner Landkamer moved and Commissioner More seconded the motion to approve a Tax Abatement to Creative Housing, 111 Butterworth Street, Mankato, MN M01-0100-08150 K-240787 and to Crystal Bay Corp. d/b/a Aspen Ridge Homes, Wyoming, MN M01-0700-22586 K-399955 for taxes payable in 1999.

The motion carried. 99-248

Commissioner Landkamer moved and Commissioner More seconded the motion to approve an Application For License To Permit Large Assemblies to Mankato Symphony Orchestra Association, Inc. to hold a outdoor concert at the Southern Minnesota Construction Kasota Quarry.

The motion carried. 99-249

Commissioner More moved and Commissioner Landkamer seconded the motion to approve the payment request for County Ditch #36 from Brunz Construction, Inc.

The motion carried. 99-250

Commissioner Landkamer moved and Commissioner McLaughlin seconded the motion to adjourn the Board Meeting at 6:47 p.m.

The motion carried. 99-251