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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 Landkamer moved and Commissioner More seconded the motion to approve the Agenda. The motion carried. 97-268

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

3. ADMINISTRATIVE SERVICES
Commissioner Bennett moved and Commissioner More seconded the motion to approve the July 8, 1997 Board Minutes. The motion carried. 97-269
Commissioner More moved and Commissioner Landkamer seconded the motion to approve the following Bills:

GRAND TOTAL $10,432,207.57

GRAND TOTAL $1,076,822.30

The motion carried. 97-270

4. PLANNING AND ZONING
Mr. Veryl Morrell, Land Use & Natural Resources Administrator and Mr. Bill Goebel, Land Use Specialist, presented the following Planning and Zoning items for the Boards consideration.
After comments were heard from Ms. Katy Wortel, Mankato Township; and Mr. Mike Anderson, Applicant, Commissioner More moved and Commissioner Bennett seconded the motion to approve the following:

Commencing at the Southeast corner of the Northeast Quarter of the Northwest Quarter of Section 21, Township 106, Range 25; thence West along the South line of said Northeast Quarter of the Northwest Quarter a distance of 660 feet; thence North parallel with the East line of said Northeast Quarter of the Northwest Quarter a distance of 660 feet; thence East parallel with the South line of the said Northeast Quarter of the Northwest Quarter a distance of 660 feet to a point on the East property line which is 660 feet North of the North of the Southeast corner of said Northeast Quarter of the Northwest Quarter; thence 660 feet South to the point of beginning: Also a right of way for private use for access to the Northeast Quarter of the Northwest Quarter of Section 21, Township 106, Range 25, on and over the east two rods and the south two rods of the said property.

WHEREAS, the Planning Commission of the County on the 21st day of July, 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 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 25-97.

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 be issued before any animals are placed in the proposed barn.

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 25-97.

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. 97-271

Commissioner Landkamer moved and Commissioner Bennett seconded the motion to set a public hearing on August 19, 1997 at 9:30 a.m. in the Boardroom, Courthouse, to re-zone 20 acres from the Agricultural Zoned District to the Conservation Zoned District and to re-zone 20 acres from the Conservation Zoned District to the Agricultural Zoned District. Both areas are in Section 6 of Vernon Center Township. The motion carried. 97-272
Commissioner Tacheny moved and Commissioner More seconded the motion to approve the following Conditional Use Permit:

Southwest 1/4 of Northeast 1/4 of Section 25, Mankato Township, T 108 N, R 27 W,

have applied for a Conditional Use Permit to relocate an unnamed creek, construct a detention basin, and stabilize a slumping bluff in a RR, Rural Residential Zoning District, and

WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC 35-97), a copy of said reports has been presented to the County Board; and

WHEREAS, the Planning Commission of the County on the 2nd day of July, 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 be granted; and

WHEREAS, the Blue Earth County Board of Commissioners finds that:

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

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

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

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

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

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

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

8. That facilities are provided to eliminate any traffic congestion or traffic hazard which may result from the proposed use.

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

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

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

NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of Commissioners, that the request for a Conditional Use Permit to relocate an unnamed creek, construct a detention basin, and stabilize a slumping bluff, in a RR Zoning District, is granted with the following conditions:

1. That the relocation of the unnamed creek and the placement of fill shall comply with submitted plans as set forth in PC 35 97.

2. Erosion control materials and placement shall comply with submitted plans as set forth in PC 35-97. Monitoring and maintenance of erosion control measures must be performed until disturbed areas are re-vegetated.

3. Exposed areas shall be re-vegetated within 60 days of completion of construction.

4. Fill material placed in the old channel and exposed to flowing water shall be armored with heavy duty landscape fabric and rip-rap.

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

The motion carried. 97-273

Ms. Katy Wortel, Mankato Township, made comments on the next item. Commissioner Bennett moved and Commissioner More seconded the motion to approve the following:

The Northwest Quarter of the Southeast Quarter Section 2, Lyra Township, T. 106 N.- R. 27 W.,

WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC 38-97 ), a copy of said report has been presented to the County Board; and

WHEREAS, the Planning Commission of the County on the 2nd day of July, 1997, following proper notice, held a public hearing regarding the request and, following the hearing, adopted a recommendation that the request for a conditional use permit be granted; and

WHEREAS, the Blue Earth County Board of Commissioners finds that:

1.That with proper management of the proposed barns and with proper manure application, the Conditional Use should not be injurious to the use and enjoyment of other property in the immediate vicinity designated for agricultural uses.

2.That with proper management of the proposed barns and with proper manure application, this facility should not constitute a pollution problem.

3.That the predominant use in the area is agriculture 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 two total confinement swine barns in an Agriculture Zoning District, is granted with the following conditions:
1. That the total confinement swine barns, conform with the site plan attached to this report PC 38-97.

2. That the proposed barns, including all buildings, be located on a single, legally described parcel consisting of a minimum of ten contiguous acres. The parcel shall be a parcel of record, properly recorded in the Blue Earth County Land Records Office.

3. That a Certificate of Compliance be issued before animals are placed in the proposed barns.

4. That the applicant obtain a Blue Earth County Construction Permit before building begins and within nine months from the date the County Board of Commissioners approves the Conditional Use Permit. The permit shall be rendered invalid if application for a Construction Permit is not made within this nine month period. Time extensions for Conditional Use Permits must be obtained from the County Board of Commissioners subsequent to a public hearing conducted by the Planning Commission.

5. That the applicant obtain a Blue Earth County Feedlot Permit before animals are placed in the proposed barns.

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

7. That a perimeter footing drain tile be located at or below the bottom of the pit footings. The footing tile shall include one inspection pipe for each concrete pit. The native materials must be excavated and walls back filled with granular material (pit run gravel or equivalent).

8. That application of manure be on the land documented in the aerial photos included in the State of Minnesota Application for Construction and Operation of an animal feedlot. The application of manure shall comply with standards set forth in Attachment A-1, Manure Management Summary and Attachment A-4, Manure Application Setbacks, as contained in staff report PC 38-97.

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

10. That the applicant provide an enclosed location for the pick up of dead animals before any animals are placed in the proposed barns.

11. That adequate measures be taken to minimize or control offensive odor, fumes, dust, noise, or vibrations so that none of these will constitute a nuisance.

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

The motion carried. 97-274

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

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

The South Half of the Southwest Quarter and the Southeast Quarter of the Northeast Quarter of the Southwest Quarter and the South Half of the Southeast Quarter of the Northwest Quarter of the Southwest Quarter and the East Quarter of the South 5.64 Acres of the North 22 Acres of West 30 Acres of Northwest Quarter of Southwest Quarter and the South 60 Acres of the West Half of the Southeast Quarter of Section 5, Shelby Township, T 105 N R 28 W;

WHEREAS, the Planning Commission of the County on the 2nd day of July, 1997, following proper notice, held a public hearing regarding the request and, following the hearing, adopted a recommendation that the request for a Conditional Use Permit be granted; and

WHEREAS, the Blue Earth County Board of Commissioners finds that:

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

2. That the proposed use will not degrade the water quality of the County.

3. That the proposed use will not adversely increase the quantity of water runoff.

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

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

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

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

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

9. That the density of proposed residential development is not greater than the density of the surrounding neighborhood or not greater than the density allowed in the Agricultural Zoning District.

NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of Commissioners, that the request for a Conditional Use Permit, to Transfer Development Rights in an Agricultural Zoning District, is granted with the following conditions:
1. The applicants subdivide and record all divisions of land in accordance with the provisions of the County Subdivision Ordinance.

2. The applicants remove the existing manufactured home from the site within 60 days of occupying the new home.
This resolution shall become effective immediately upon its passage and without publication.

The motion carried. 97-275

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

The North Half of the Southwest Quarter of the Southeast Quarter of Section 30, T-109-N, R-25-W, Jamestown Township, Blue Earth County, and the North Half of the Southeast Quarter of the Southeast Quarter, Section 30, T-109-N, R-25-W, Jamestown Township, Blue Earth County,

A transfer of development rights from the two adjacent two quarter-quarter sections is necessary to accommodate the three existing residences located in the North half of the Southeast Quarter of the Southeast Quarter of Section 31, Jamestown Township, and to allow replacement of an existing single-wide mobile home with a new double-wide mobile home; and,

WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC 41-97), a copy of said report has been presented to the County Board; and,

WHEREAS, the Planning Commission of the County on the 2nd day of July, 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. That the proposed use conforms with the County Land Use Plan.

2. That the proposed use will not degrade the water quality of the County

3. That the proposed use will not adversely increase the quantity of water runoff.

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

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

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

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

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

9. That the density of proposed residential development is not greater than the density of the surrounding neighborhood or the density indicated by the applicable Zoning District.

NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of Commissioners, that the request for a Conditional Use Permit to transfer development rights from land in the Southwest Quarter of the Southeast Quarter of Section 30, Jamestown Township, owned by Jack and Patricia Connelly and Roger Heinze, AND land in the Northwest Quarter of the Northeast Quarter, Section 31, Jamestown Township, owned by Heinze, Day, Walters, and Barke, C/O Roger Heinze, to an adjacent quarter-quarter section in the Southeast Quarter of the Southeast Quarter of Section 31, Jamestown Township owned by Jack and Patricia Connelly, is granted contingent upon the following conditions:

1. Construction permits be obtained prior to replacement of the existing mobile home.

2. The existing mobile home be removed within 60 days of occupancy of the replacement home.

3. The replacement home be installed by a licensed mobile home installer according to the requirements of the State of Minnesota Manufactured Housing Code.

4. If one of the mobile homes is removed from the property and not replaced within four months, the development right from the SW 1/4, SE 1/4, Section 30, Jamestown Township shall revert to the Heinze, Day, Walters, and Barke per agreement signed by Jack Connelly and Roger Heinze dated May 27, 1997.

5. In the event that the development right referred to in item No. 4 above is surrendered back to Heinze, Day, Walters, and Barke, the applicants (Jack and Patricia Connelly) understand that the third residence is no longer permitted and agree that the residence will not be replaced at any time in the future.

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

The motion carried. 97-276

Ms. Katy Wortel, Mankato Township, made comments on the next item. Commissioner More moved and Commissioner Bennett seconded the motion to approve the following Conditional Use Permit:

The North Half of the Northeast Quarter Section 16, Mapleton Township T. 105 N.- R. 26 W.,

WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC 42-97 ), a copy of said report has been presented to the County Board; and

WHEREAS, the Planning Commission of the County on the 2nd day of July, 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 swine 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 swine 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 42-97.

2. That the feedlot, including all buildings and the proposed 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 be issued before any animals are placed in the proposed barn.

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 42-97.

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. 97-277

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

Lot Two (2), Block Two (2), according to the plat of River Heights Estates No. 1, as the same appears to be on file and of record in the office of the Register of Deeds in and for Blue Earth County, Minnesota,

WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC 43-97), a copy of said report has been presented to the County Board; and,

WHEREAS, the Planning Commission of the County on the 2nd day of July, 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. 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 for a Conditional Use Permit to operate a Level I Home Occupation in a Rural Residential Zoned District is granted contingent upon the following conditions:

1. The level I home occupation must be conducted entirely within the dwelling or accessory building and shall be carried on by the inhabitants thereof with no more than one outside employee.

2. The total maximum floor area shall not exceed 500 square feet of floor space.

3. Signage shall be limited to a one and one half square foot non-illuminated sign attached to the building.

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. There shall be no outside storage of materials and equipment.

7. Adequate off-street parking shall be provided.

8. No retail sales shall be conducted from the premises.

9. No hazardous wastes shall be generated by the home occupation.

10. All wastes generated by the home occupation shall be properly disposed of.

11. 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. Remedial actions by the Board may include civil and / or criminal action.

12. This conditional use permit shall be effective for a period of five years, until July 22, 2002, after which time 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. 97-278

Ms. Katy Wortel, Mankato Township, spoke against the next item. Commissioner Tacheny moved and Commissioner More seconded the motion to approve the following:

Commencing at the Southeast corner of Section 27; thence North 87 degrees 35 minutes 14 seconds West (assumed bearing) along the South line of Section 27, a distance of 1994.76 feet to the Southwest corner of the East half of Government Lot 8; thence North 01 degrees 10 minutes 43 seconds West along the West line of said East half, 1085.52 feet to the centerline of a township road also being the point of beginning; thence Easterly along the township road centerline 239 feet more or less to a point on a line which is 474.94 feet westerly and parallel with the East line of Government Lot 8; thence South 01 degrees 15 minutes 29 seconds East parallel with the East line of Government Lot 8, a distance of 832 feet more or less to the centerline of the LeSueur River; thence westerly along he centerline of the LeSueur River, 292 feet more or less to the West line of the East half of Government Lot 8; thence North 01 degrees 10 minutes 43 seconds West along said West line, 1004.44 feet to the point of beginning.

Contains 5.0 acres of land and is subject to an easement for township road right-of-way over the northerly 33.00 feet.

have applied for a Conditional Use Permit to cut and fill for an access road to a building site in a C, Conservation Zoning District, and

WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC 44-97), a copy of said reports has been presented to the County Board; and

WHEREAS, the Planning Commission of the County on the 2nd day of July, 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 be granted; and

WHEREAS, the Blue Earth County Board of Commissioners finds that:

1. That the proposed use does not conform with the County Land Use Plan.

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

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

4. That with proper erosion control measures, the soil conditions are adequate to accommodate the proposed use.

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

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

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

8. That facilities are provided to eliminate any traffic congestion or traffic hazard which may result from the proposed use.

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

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

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

NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of Commissioners, that the request for a Conditional Use Permit to cut and fill for an access road to a building site, in a C, Conservation Zoning District, is granted with the following conditions:

1. That grading, cuts, and fills for the access road shall comply with submitted plans as set forth in PC 44-97.

2. Erosion control materials and placement shall comply with submitted plans as set forth in PC 44-97. Monitoring and maintenance of erosion control measures must be performed until disturbed areas are re-vegetated.

3. Geotextile fabric shall be used beneath rip-rapped basins and spill ways identified on the erosion control plan.

4. The vertical rise on graded slopes shall not be greater than one foot vertical to two feet horizontal.

5. Exposed slopes shall be revegetated as specified in the erosion control plan within 30 days of completion of the construction.

6. Natural vegetation shall be maintained in undisturbed areas of the bluff and bluff line.

7. Any future retaining walls shall be designed by a professional engineer.

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

The motion carried. 97-279

Ms. Katy Wortel, Mankato Township, Mr. Bill Fitzsimmons, Applicant, and Mr. Dan Fitzsimmons, Good Thunder, made public comments on the next item. Commissioner Bennett moved and Commissioner More seconded the motion to approve the following:

The South Half of the North Half except the West 10 acres of the East 20 acres Section 16, Lyra Township, T. 106 N.- R. 27 W.,

WHEREAS, the Planning Commission of the County on the 2nd day of July, 1997, following proper notice, held a public hearing regarding the request and, following the hearing, adopted a recommendation that the request for a conditional use permit be granted; and

WHEREAS, the Blue Earth County Board of Commissioners finds that:

1. That with proper management of the proposed facility and with proper manure application, the Conditional Use should not be injurious to the use and enjoyment of other property in the immediate vicinity designated for agricultural uses.

2. That with proper management of the proposed facility and with proper manure application, this facility should not constitute a pollution problem.

3. That the predominant use in the area is agriculture and the Conditional Use should not impede the normal and orderly development and improvement of surrounding vacant property for agricultural uses.

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

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

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

7. Proper facilities will be provided which will eliminate any traffic congestion or traffic hazard which may result from the proposed use.

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

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

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

11. That the proposed use does not include industrial development.

NOW THEREFORE BE IT RESOLVED , by the Blue Earth County Board of Commissioners, that the request for a Conditional Use Permit, to build a total confinement swine facility in an Agriculture Zoning District, is granted with the following conditions:

1. That the total confinement swine facility, conforms with the site plan attached to this report PC 46-97.

2. That the proposed facility, including all buildings, be located on a single, legally described parcel consisting of a minimum of forty contiguous acres. The parcel shall be a parcel of record, properly recorded in the Blue Earth County Land Records Office.

3. That a Certificate of Compliance be issued before any animals are placed in the proposed facility.

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 facility.

6. That the applicant obtain a Department of Natural Resources, "Water Appropriations Permit" before any animals are placed in the proposed facility.

7. That a perimeter footing drain tile be located at or below the bottom of the pit footings. The footing tile shall include one inspection pipe for each concrete pit. The native materials must be excavated and walls back filled with granular material (pit run gravel or equivalent).

8. That application of manure be on the land documented in the aerial photos included in the State of Minnesota Application for Construction and Operation of an animal feedlot. The application of manure shall comply with standards set forth in Attachment A-1, Manure Management Summary and Attachment A-4, Manure Application Setbacks, as contained in staff report PC 46-97.

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

10. That the applicant provide an enclosed location for the pick up of dead animals before any animals are placed in the proposed facility.

11. That adequate measures be taken to minimize or control offensive odor, fumes, dust, noise, or vibrations so that none of these will constitute a nuisance.

12. That County Tile Ditch 97 be located and that the proposed facility must be placed a minimum of 100 feet from County Tile Ditch 97. If County Ditch is disturbed during construction it must be returned to it's original preconstruction condition.

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

The motion carried. 97-280

After comments made by Mr. Doug Hagar, Applicant, and Ms. Katy Wortel, Mankato Township, Commissioner More moved and Commissioner Bennett seconded the motion to approve the following:

West Half of the Southeast Quarter, of Section 25, Rapidan Township, T.107 N.- R.27 W.,

WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC 47-97 ), a copy of said report has been presented to the County Board; and

WHEREAS, the Planning Commission of the County on the 2nd day of July, 1997, following proper notice, held a public hearing regarding the request and, following the hearing, adopted a recommendation that the request for a Conditional Use Permit be granted; and

WHEREAS, the Blue Earth County Board of Commissioners finds:

1. That with proper management of the proposed barns and with proper manure application, the Conditional Use should not be injurious to the use and enjoyment of other property in the immediate vicinity designated for agricultural uses.

2. That with proper management of the proposed barns and with proper manure application, this facility should not constitute a pollution problem.

3. That the predominant use in the area is agriculture. The Conditional Use should not impede the normal and orderly development and improvement of surrounding vacant property for agricultural uses.

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

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

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

7. Proper facilities will be provided which will eliminate any traffic congestion or traffic hazard which may result from the proposed use.

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

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

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

11. That the proposed use does not include industrial development.

NOW, THEREFORE, BE IT RESOLVED, by the Blue Earth County Board of Commissioners, that the request for a Conditional Use Permit, to barn two total confinement swine barns in an Agriculture Zoning District, is granted with the following conditions:

1. That the total confinement barns, conform with the site plan attached to this report PC 47-97.

2. That the feedlot, including all buildings and the proposed building, be located on a single, legally described parcel consisting of a minimum of ten contiguous acres. The parcel shall be a parcel of record, properly recorded in the Blue Earth County Land Records Office.
3. That a Certificate of Compliance be issued before any animals are placed in the proposed barns.

4. That the applicant obtain a Blue Earth County Construction Permit before building begins and within nine months from the date the County Board of Commissioners approves the Conditional Use Permit. The permit shall be rendered invalid if application for a Construction Permit is not made within this nine month period. Time extensions for Conditional Use Permits must be obtained from the County Board of Commissioners subsequent to a public hearing conducted by the Planning Commission.

5. That the applicant obtain a Blue Earth County Feedlot Permit before animals are placed in the proposed barns.

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

7. That a perimeter footing drain tile be located at or below the bottom of the pit footings. The footing tile shall include one inspection pipe for each concrete pit. The native materials must be excavated and walls back filled with granular material (pit run gravel or equivalent).

8. That application of manure be on the land documented in the aerial photos included in the State of Minnesota Application for Construction and Operation of an animal feedlot. The application of manure shall comply with standards set forth in Attachment A-1, Manure Management Summary and Attachment A-4, Manure Application Setbacks, as contained in staff report PC 47-97.

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

10. That the applicant provide an enclosed location for the pick up of dead animals before any animals are placed in the proposed barns.

11.That adequate measures be taken to minimize or control offensive odor, fumes, dust, noise,

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

The motion carried. 97-281

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

That part of the Northeast Quarter of the Northwest Quarter Section 18, Beauford Township, T.106 N. - R. 26 W., Describes as follows: Commencing at the Northwest corner of the Northeast Quarter of the Northwest Quarter thence South along the West line of the Northeast Quarter of the Northwest Quarter 700 feet; thence East and parallel to North line of the Northeast Quarter of the Northwest Quarter 600 feet; thence North parallel to West line of the Northeast Quarter of the Northwest Quarter 520 feet; thence West parallel to North line of the Northeast Quarter of the Northwest Quarter 450 feet; thence North parallel to West line of the Northeast Quarter of the Northwest Quarter 180 feet to North line of the Northeast Quarter of the Northwest Quarter, thence West 150 feet to point of beginning containing 8.18 acres more or less.

The above description would be connected to: West Half of the Northwest Quarter except the North 600 feet of the East 450 feet of Section 18 Beauford Township, T.106 N. - R. 26 W. Containing 73.6 acres more or less.

WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC 48-97 ), a copy of said report has been presented to the County Board; and

WHEREAS, the Planning Commission of the County on the 2nd day of July, 1997, following proper notice, held a public hearing regarding the request and, following the hearing, adopted a recommendation that the request for a conditional use permit be granted; and

WHEREAS, the Blue Earth County Board of Commissioners finds that:

1. That with proper management of the proposed barns and with proper manure application, the Conditional Use should not be injurious to the use and enjoyment of other property in the immediate vicinity designated for agricultural uses.

2. That with proper management of the proposed barns and with proper manure application, this facility should not constitute a pollution problem.

3. That the predominant use in the area is agriculture. The Conditional Use should not impede the normal and orderly development and improvement of surrounding vacant property for agricultural uses.

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

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

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

7. Proper facilities will be provided which will eliminate any traffic congestion or traffic hazard which may result from the proposed use.

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

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

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

11. That the proposed use does not include industrial development.

NOW, THEREFORE, BE IT RESOLVED, by the Blue Earth County Board of Commissioners, that the request for a Conditional Use Permit, to construct two total confinement swine barns in an Agriculture Zoning District, is granted with the following conditions:

1. That the total confinement barns, conform with the site plan attached to this report PC 48-97.

2. That the feedlot, including all buildings and the proposed building, be located on a single, legally described parcel consisting of a minimum of forty contiguous acres. The parcel shall be a parcel of record, properly recorded in the Blue Earth County Land Records Office.

3. That a Certificate of Compliance be issued before a Blue Earth County Construction Permit is issued.

4. That the applicant obtain a Blue Earth County Construction Permit before building begins and within nine months from the date the County Board of Commissioners approves the Conditional Use Permit. The permit shall be rendered invalid if application for a Construction Permit is not made within this nine month period. Time extensions for Conditional Use Permits must be obtained from the County Board of Commissioners subsequent to a public hearing conducted by the Planning Commission.

5. That the applicant obtain a Blue Earth County Feedlot Permit before animals are placed in the proposed barns.

6. That a perimeter footing drain tile be located at or below the bottom of the pit footings. The footing tile shall include one inspection pipe for each concrete pit. The native materials must be excavated and walls back filled with granular material (pit run gravel or equivalent).

7. That application of manure be on the land documented in the aerial photos included in the State of Minnesota Application for Construction and Operation of an animal feedlot. The application of manure shall comply with standards set forth in Attachment A-1, Manure Management Summary and Attachment A-4, Manure Application Setbacks, as contained in staff report PC 48-97.

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

9. That the applicant provide an enclosed location for the pick up of dead animals before any animals are placed in the proposed barns.

10. That adequate measures be taken to minimize or control offensive odor, fumes, dust, noise,

11. That the partial confinement barn (barn 1 on attachment A-3) may no longer be used to house live stock and that the earthen holding basin be properly abandoned and closed according to M.P.C.A. regulations by December 31, 1998.

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

The motion carried. 97-282

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

TRACT NO. 1

All that part of Government Lot, Section 26, Township 109 North, Range 25 West, Blue Earth County, Minnesota, described as follows: Assuming that the South line of said Government Lot 1 is East and West - Beginning at a point on the South line of said Government Lot 1, said point being 1071.60 feet West of the Southeast corner of said Government Lot 1, thence North 660.00 feet, thence West 49.5 feet, thence South 210.00 feet, thence West 200.00 feet to the West line of said Government Lot No. 1, thence South on said West line 220.00 feet more or less to the water's edge of Duck Lake, thence Southeasterly along the water's edge of said lake to the South line of said Government Lot 1, thence East on said South line 164.70 feet more or less to place of beginning. Containing 2.62 acres more or less and being subject to all easements of record.

All that part of Government Lot 1, Section 26, Township 109 North, Range 25 West, Blue Earth County, Minnesota, described as follows: Assuming that the South line of said Government Lot 1 is East and West - Beginning at a point on the South line of said Government Lot 1, said point being 851.60 feet West of the Southeast corner of said Government Lot 1, thence continuing West on said South line 220.00 feet, thence North 660.00 feet, thence East 220.00 feet, thence South 660.00 feet to place of beginning. Containing 3.33 acres.

WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC 49-97 ), a copy of said report has been presented to the County Board; and

WHEREAS, the Planning Commission of the County on the 2nd day of July, 1997, following proper notice, held a public hearing regarding the request and, following the hearing, adopted a recommendation that the request for a conditional use permit be granted; and

WHEREAS, the Blue Earth County Board of Commissioners finds that:

1. That with proper management of the proposed manure structure 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 manure structure and with proper manure application, this facility should not constitute a pollution problem.

3. That the predominant use in the area is agriculture. The Conditional Use should not impede the normal and orderly development and improvement of surrounding vacant property for agricultural uses.

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

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

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

7. Proper facilities will be provided which will eliminate any traffic congestion or traffic hazard which may result from the proposed use.

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

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

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

11. That the proposed use does not include industrial development.

NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of Commissioners, that the request for a Conditional Use Permit, to build a manure storage structure in an Agriculture Zoning District, is granted with the following conditions:

1. That the manure storage structure, conforms with the site plan attached to this report PC 49-97.

2. That the applicant remain in compliance with the agreement set forth by the Duck Lake Preservation Society. See attachment A-7 as contained in staff report PC 49-97.

3. That a Certificate of Compliance be issued before a Blue Earth County Construction Permit is issued.

4. That the applicant obtain a Blue Earth County Construction Permit before building begins and within nine months from the date the County Board of Commissioners approves the Conditional Use Permit. The permit shall be rendered invalid if application for a Construction Permit is not made within this nine month period. Time extensions for Conditional Use Permits must be obtained from the County Board of Commissioners subsequent to a public hearing conducted by the Planning Commission.

5. That 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).

6. 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 49-97.

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

8.That the applicant provide an enclosed location for the pick up of dead animals.

9. That adequate measures be taken to minimize or control offensive odor, fumes, dust, noise, or vibrations so that none of these will constitute a nuisance.

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

The motion carried. 97-283

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

WHEREAS, the Blue Earth County Board of Commissioners has been granted authority to adopt Official Controls to regulate development within Blue Earth County by Minnesota Statutes Chapter 394, commonly referred to as the County Planning and Zoning Enabling Legislation; and

WHEREAS, Official Controls including a Comprehensive Plan, Zoning Map, Land Use Ordinance, Wastewater Treatment Ordinance, and Water Well Code, were adopted by the Blue Earth County Board of Commissioners to protect the health safety, and general welfare of the residents of Blue Earth County; and

WHEREAS, Stewart Carlton doing business as Ruby Development moved a house onto the real designated above in or about the fall of 1992. Said house is still setting up on wooden cribbing and deteriorating due to neglect, a septic system has not yet been installed and plans for said septic system have not been presented to Environmental Health for approval. Ruby Development failed to apply for building permits and septic permits by January 1, 1997, and to have the house on a foundation by June 1, 1997, as per agreement to with Veryl Morrell, Blue Earth County Land Use Administrator, on or about December 11, 1996; and

WHEREAS, Blue Earth County Environmental Services has received numerous complaints relating to the condition of the above referenced property. Complaints from neighbors have cited concerns for the safety of children playing in and near the house; and

WHEREAS, Numerous unsuccessful attempts to provide for the proper siting and rehabilitation of the above referenced house have been made by staff of Blue Earth County. Said attempts date back to October 8, 1993.

NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of Commissioners, that the Blue Earth County Attorney is hereby directed to prepare an order for removal or repair of an existing residence at 50 Lyd Boulevard, Lots 5 and 6, Block 2, Boerger Subdivision, South Bend Township, Blue Earth County, Minnesota

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

The motion carried. 97-284

5. LAKE CRYSTAL COMMUNITY CENTER FUND DRIVE
Mr. Kevin Gaulrapp, Fundraising Chair and Mr. Paul Krobetz, Treasurer, updated the Board on the Lake Crystal Community Center project and fund drive. The Board will consider the funding request during the budget process.

6. HUMAN SERVICES
Mr. Dennis McCoy, Deputy County Administrator, presented the following Human Service items.
Commissioner Landkamer moved and Commissioner More seconded the motion to approve the following Human Service items:

Approval of a consulting services agreement with Bailit Health Purchasing for services rendered in the development of the Disabled Demonstration Project.

Approval of an agreement for the administration of the special nutrition program for Women, Infants, and Children (WIC) for the period October 1, 1997 through September 30, 1999.

Approval of the legislatively-directed cost-of-living increase for 111 Knollcrest Inc., which is a waivered service provider under the Medical Assistance Program.

Approval of an agreement with a new waivered service provider. Community Home Health Inc., would provide professional nursing services, home health aide services, homemaker services, and respite care services under the Medical Assistance waivered programs.

Approval of the Fraud Prevention Plan and Grant application to the State of Minnesota Department of Human Services. This proposal is for the Period July 1, 1997 through June 30, 1999.

Appointment of Mr. Dennis McCoy, Deputy County Administrator, as the Community Health Board's designated agent.

Approval of the preliminary Community Social Service Act (CSSA) Plan for 1998-99.

Authorization to sign the Letter of Intent with Ucare Minnesota. The letter is an indication of Blue Earth County's willingness to work with this health plan in the development of either county-based purchasing and/or the Demonstration Project for the Disabled.

7. HUMAN SERVICES PLANNING WORKSHOP
Mr. Dennis McCoy, Deputy County Administrator, presented information and background materials on the forthcoming decision regarding county-based health care purchasing.

8. DATA PROCESSING UPDATE
Mr. Charlie Berg, Information Services Director, and Mr. Al Forsberg, Public Works Director, presented the following items for the Boards consideration.
An update on the Rural Addressing system including reviewing the address plan, how the system works and how to proceed with the project was discussed.
Commissioner Tacheny moved and Commissioner Bennett seconded the motion to set a public hearing regarding the proposed Rural Addressing Plan for Blue Earth County on August 5, 1997 at 7:00 p.m. at the Boardroom, Courthouse. The motion carried. 97-287
Commissioner Tacheny moved and Commissioner More seconded the motion to authorize sending a letter of intent to the City of Mankato to participate in the Fiber Optic link between County and City Offices, depending on the cost. The motion carried. 97-288

9. TOWNSHIP OFFICERS
Ms. Sandy Hooker, representing the Township Officers,
made a request to have the County sponsor a Blue Earth County township delegate to the National Township Conference at Washington D.C. in September.
Commissioner More moved and Commissioner Bennett seconded the motion to sponsor a delegate for $600 to attend the conference. The motion carried. Commissioner Tacheny voted nay. (Adjust Budgets Accordingly) 97-289

3. ADMINISTRATIVE SERVICES
Mr. David Twa, County Administrator, continued presenting the Administrative Services items.
Commissioner Bennett moved and Commissioner Tacheny seconded the motion to approve the following Personnel items:

Employment of Ida Cordova, as a Bilingual Financial Assistance Specialist (B23), with a starting salary of $10.74 per hour effective July 23, 1997.