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

July 27, 1999

1. JOINT DITCH #48 COMPLETION HEARING

Chairperson Bennett opened the public hearing at 8:30 a.m., July 27, 1999.

Mr. Chad Surprenant, I & S Engineers & Architects, read and filed the Engineer’s Report showing that the contractor has completed the job of constructing said ditch in accordance with the plans and specification and recommended final payment. No public comments were heard.

Commissioner Seeboth moved and Commissioner More seconded the motion to approve final payment to GM Contracting, Inc.

The motion carried. Chairperson Bennett closed the public hearing at 8:40 p.m., July 27, 1999. 99-267

2. AGENDA REVIEW

The motion carried. 99-268

3. COMMISSIONERS’ REPORTS ON COMMITTEES

5. PLANNING & ZONING

Pursuant to publication, a public hearing was held to review and adopt a new ordinance titled Blue Earth County adult Use Ordinance, Chapter 150, and to amend the Blue Earth County Land Use Ordinance to license and regulate the location and operation of establishments housing “Adult Uses”. The public hearing was opened for public comments by Chairperson Bennett at 9:30 a.m., July 27, 1999.

Public comments were heard from: Ms. Jane Craig, Mankato; Ms Katy Wortel, Mankato Township and Ms. Debra Cline, Mankato.

Commissioner Barnes moved to adopt the Ordinance and requested that staff give consideration to the Therapeutic Massage language change in the Land Use Ordinance, Commissioner Landkamer seconded the motion:

RESOLUTION ADOPTING A NEW ORDINANCE TITLED BLUE EARTH COUNTY ADULT USE ORDINANCE, CHAPTER 150, AND AMENDING THE BLUE EARTH COUNTY LAND USE ORDINANCE TO LICENSE AND REGULATE THE LOCATION AND OPERATION OF ESTABLISHMENTS HOUSING “ADULT USES”

WHEREAS, Minnesota Statutes, Chapter 394, commonly known as the County Planning and Zoning Enabling Legislation, gives County Boards the authority to adopt Official Controls to protect the public health, safety, and welfare.; and WHEREAS, the United States Supreme Court has determined that municipalities have the right to use locational zoning ordinances to regulate adult uses without infringing on the constitutional rights of the establishments and has ruled that municipalities may rely upon the experiences of other municipalities in establishing that adult uses have negative secondary effects, and;

WHEREAS, The Blue Earth County Adult Use Ordinance and the amendments proposed to the Land Use Ordinance were promulgated after researching a study on the adverse secondary effects of Adult Uses on surrounding areas done by the City of St. Paul. During the process research compiled by the Minnesota League of Cities, and information, case law, and sample ordinances provided by The National Family Legal Foundation’s First Amendment Attorneys was also carefully considered as were ordinances obtained from the City of Mesa, Arizona; the City of St. Paul, Minnesota; The City of Coates, Minnesota; the City of St. Louis Park, Minnesota; the City of Richfield, Minnesota; Steele County, Minnesota; and Goodhue County, Minnesota, and;

WHEREAS, the Planning Commission of the County on the 2^nd Day of June, 1999, following proper notice held a public hearing regarding adoption of the Adult Use Ordinance and proposed amendments to the Land Use Ordinance. After taking testimony and considering citizens concerns the Planning Commission voted unanimously to forward a request to the County Board recommending adoption of the Adult Use Ordinance and approval of the proposed amendments to the Land Use Ordinance, and,

WHEREAS, planning staff met with the Blue Earth County Association of Township Officers at their regular meeting on June 24, 1999 and explained how the proposed Adult Use Ordinance and amendments would affect the location and operation of future Adult Uses within individual townships, and; WHEREAS, the Blue Earth County Board of Commissioners on the 27^th Day of July, 1999, following proper notice held a public hearing regarding the proposed Adult Use Ordinance and proposed amendments to the Land Use Ordinance, and following consideration of testimony, voted to adopt the Adult Use Ordinance and to approve the proposed Ordinance Amendments; and,

WHEREAS, the Blue Earth County Board of Commissioners finds:

1. Minnesota Statutes, Chapter 394, commonly known as the Minnesota County’s Planning and Zoning Enabling Legislation, authorizes Counties to adopt official controls to protect the public health, safety, and welfare.

2. 2. The nature of adult uses is such that they are recognized as having adverse secondary impacts, based upon studies of the impacts that adult establishments have on their surrounding communities. These studies have been conducted by the Minnesota Attorney General, the American Planning Association, and cities such as St. Paul, Minnesota; Indianapolis, Indiana; Hopkins, Minnesota; Ramsey, Minnesota; Phoenix, Arizona; Los Angeles, California; and Seattle, Washington.

3. The adverse secondary impacts found in the studies include increased crime rates, decreased property values, increased transiency, neighborhood blight, and potential health risks. These impacts are particularly apparent when they are accessible to minors and located near residential properties or residential uses such as schools, day care centers, libraries or parks. The nature of the adult uses require that they not be allowed within certain zoning districts, or set back a minimum distance from each other, or other residential uses. Special regulation of these uses is necessary to ensure that the adverse secondary effects would not contribute or enhance criminal activity in the area of such uses, nor will it contribute to the blighting or downgrading of the surrounding property and lessening of its value.

4. The Blue Earth County Land Use Ordinance does not address adult entertainment or adult uses. Amendments need to be made to the Land Use Ordinance to specifically address adult uses.

5. The courts have recognized the potentially volatile mix of alcohol and nude or sexually oriented entertainment and/or sexually provocative activities, and have permitted greater use of the traditional “police powers”granted by the state to regulate the entertainment. Blue Earth County Officials are particularly concerned about dangers due to the physical immediacy and interaction with onlookers and the fear that alcohol and nudity will lead to criminal activity.

6. It is therefore in the best interest of the public health, safety, and welfare of the citizens of Blue Earth County that certain types of activities, as set forth in this ordinance, are prohibited upon the premises of licensed liquor, wine, and beer establishments so as to best protect and assist the owners and operators and employees of these premises, as well as patrons and the public in general.

7. The County intends that the standards in this ordinance reflect the prevailing community standards in the County of Blue Earth. This Ordinance is intended to prevent harm stemming from the physical immediacy and combination of alcohol, nudity, and sex. The County Board of Commissioners also desires to prevent any subliminal endorsement of sexual harassment or activities likely to lead to the possibility of various acts of criminal conduct such as prostitution, sexual assault, and disorderly conduct.

8. Through adoption of the Blue Earth County Adult Use Ordinance, and by amending the Blue Earth County Land Use Ordinance to specifically address and to provide for the reasonable location of adult business establishments, the County Board intends to license and regulate “Adult Uses,” those premises, enterprises, establishments, businesses or places open to some or all members of the public, at or in which there is an emphasis on the presentation, display, depiction or description of “specified sexual activities” or “specified anatomical areas”which are capable of being seen by members of the public.

NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of Commissioners, that the Blue Earth County Adult Use Ordinance, Chapter 150, and the following Ordinance Amendments to the Blue Earth County Land Use Ordinance, Chapter 100, are hereby adopted. Additions are underlined, language deleted is stricken.

Section 10, General Business District, 0100.1002, Subpart 1, Permitted Uses. The following uses are permitted within the General Business District provided that they do not fall within the definition of “Adult Uses” as listed in the definitions section, Section 0150.0403, of the Blue Earth County Adult Uses Ordinance, Chapter 150.

Section 11, Highway Business District, 0100.1102, Subpart 1. Permitted Uses. The following uses are permitted within the Highway Business District provided that they do not fall within the definition of “Adult Uses” as listed in the definitions section, Section 0150.0403, of the Blue Earth County Adult Uses Ordinance, Chapter 150.

Section 11, Highway Business District, 0100.1102, Subpart 2. Conditional Uses. The following uses may be allowed in the Highway Business District, subject to the provisions of Section 18 of this Ordinance.

A. Adult Uses, as defined in, and subject to, all provisions of the Blue Earth County Adult Use Ordinance, Chapter 150.

Section 12, Light Industrial District, 0100.1202, Subpart 2. Conditional Uses. The following uses have the potential to generate hazardous byproducts or may be detrimental to adjacent uses. These uses may be allowed in the light industrial District as a conditional use subject to the provisions of Section 18 of this Ordinance, if the hazardous byproducts are controlled and/or activities that are generally considered to be detrimental to adjacent uses are addressed.

A. Adult Uses, as defined in, and subject to, all provisions of the Blue Earth County Adult Use Ordinance, Chapter 150.

The Adult Use Ordinance and amendments to the Land Use Ordinance shall become effective 30 days after their passage and publication.

The motion carried. Chairperson Bennett officially closed the public hearing at 10:09 a.m., July 27, 1999. A transcript of this hearing is on file at the County Administrator’s Office, Courthouse, Mankato, MN. 99-269

Pursuant to publication, a public hearing was held to review and adopt an amendment to the Blue Earth County Land Use Ordinance, Section 16, Regulation of Off-premises Advertising Signs, which increases spacing requirements between signs. The public hearing was opened for public comments by Chairperson Bennett at 10:10 a.m., July 27, 1999.

Public comments were heard from: Ms. Katy Wortel, Mankato Township; Mr. Mark Lease, Skycom Delite; Mr. Dan Eischens, Supreme Outdoor Advertising.

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

RESOLUTION ADOPTING AN AMENDMENT TO THE BLUE EARTH COUNTY LAND USE ORDINANCE, SECTION 16, REGULATION OF OFF-PREMISES ADVERTISING SIGNS

WHEREAS, Minnesota Statutes, Chapter 394, commonly known as the County Planning and Zoning Enabling Legislation, gives County Boards the authority to adopt Official Controls to protect the public health, safety, and welfare; and

WHEREAS, a letter was received from the Mankato City Planner, on May 5, 1999. In the May 5, 1999 letter, Paul Vogel states: “For the past year the City has undertaken an Urban Design Project in order to draft revised standards for private and public development. The project was a strategic planning initiative that involved a cross section of the community, including representatives from the County Board and Township. The findings have been used in the approval process for private development projects, public street improvements, zoning ordinance amendments, and revisions to the City’s Land Use Plan.

Most recently the City of Mankato amended their sign ordinance to reflect the new urban design standards. As part of the ordinance revisions the attached regulations were adopted for off-premise signs.

We urge both of your jurisdictions to adopt the new sign regulations. After reviewing your Planning Commission agendas, it is obvious that segments of the industry are strategically locating advertising devices in the unincorporated territory in order to take advantage of less restrictive standards. Since the majority of these signs will be located along corridors leading to the gateways to the community, it will have a negative impact on the urban design efforts in the Mankato area.

We trust that our existing cooperative agreements with both the County and the Township will be used to ensure conformity with City standards”, and;

WHEREAS, At the County Board meeting on May 25, staff was instructed by the Board to have an ordinance amendment ready for review by the Planning Commission at their June 2, 1999 meeting, and;

WHEREAS, the Planning Commission of the County on the 2^nd Day of June, 1999, following proper notice held a public hearing regarding adoption of the proposed amendments to the sign section of the Land Use Ordinance. After taking testimony and considering citizens concerns the Planning Commission voted unanimously to forward a request to the County Board recommending approval of the proposed amendments, and,

WHEREAS, the Blue Earth County Board of Commissioners on the 27^th Day of July, 1999, following proper notice held a public hearing regarding the proposed amendments to the sign section of the Land Use Ordinance, and following consideration of testimony, voted to adopt the proposed Ordinance Amendments; and,

WHEREAS, the Blue Earth County Board of Commissioners finds:

1. Minnesota Statutes, Chapter 394, commonly known as the Minnesota County’s Planning and Zoning Enabling Legislation, authorizes Counties to adopt official controls to protect the public health, safety, and welfare.

2. The City of Mankato and Blue Earth County have planned cooperatively to manage growth in the Mankato area and to provide for uniform regulation of land uses which may impact the future vitality of the area.

3. The City of Mankato has recently amended it’s sign ordinance to reflect new Urban Design Standards. The new standards are vital to guide future development of the community.

4. Blue Earth County’s sign regulations are less restrictive in some areas than those adopted by the City of Mankato.

5. The proposed amendments will bring Blue Earth County’s sign regulations into substantial conformance with the City’s request.

NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of Commissioners, that the following amendments to Section 0100.1610 OFF-PREMISE SIGNS, Blue Earth County Land Use Ordinance, are hereby adopted. Additions are underlined, language deleted is stricken.

Subpart 1. Conditional Use Permit Required. Off-premise signs may be allowed pursuant to a Conditional Use Permit in GB, HB, LI, and HI, Land Use Districts.

A.Existing off-premise signs located within the B-3, Highway Business, L-1, Light Industrial, and H-I, Heavy Industrial zoning districts, may be moved and reconstructed pursuant to a conditional use permit provided that the sign is located along the same Right-of-Way, is located within the same contiguous zoning district as the existing sign, and complies with all other requirements of this section.

Subp. 2. Standards. Off-premise signage shall meet the following standards:

A. Shall not exceed seven hundred (700) square feet in total area. Maximum allowable signage shall be computed on the basis of one (1) side of any double-faced sign.

B. Shall not exceed thirty (30) feet in height, Sign height shall be measured from street or highway curb surface elevation to the highest point of said sign. except in a HB District and along designated Signs abutting an elevated State or Federal highway may exceed the maximum height requirement provided that the top of the sign shall not exceed fifteen (15) feet above the grade elevation of such elevated four lane highway directly adjacent to such property on which the sign is positioned. height shall not exceed forty (40) feet.

C. Shall not be within one hundred (100) two hundred (200) feet of a Residential Land Use District, park, playground, school, or building used for religious purposes.

D. Within the Mankato Urban Fringe Overlay District signs shall be located only on State or Federal highways.

E. Within the Mankato Urban Fringe Overlay District signs shall be located on a platted lot and shall be considered to be the principal use of the property.

F. Within the Mankato Urban Fringe Overlay District off-premise signs on the same side of the street or highway shall have a minimum separation of four hundred (400) lineal feet, except that signs greater than three hundred (300) square feet in size shall have a separation of seven hundred (700) lineal feet between another sign exceeding three hundred (300) square feet in size. distance of one thousand five hundred (1,500) feet between signs.

In other areas of the county the separation distance shall be one thousand (1,000) feet between off-premise signs on the same side of the road.

G. Signs shall not be located within one thousand (1,000) feet of the middle of intersecting rights-of-way of principal arterials identified in figure 10 of the adopted Mankato Area Transportation and Planning Study and shall be set back 300 feet from the middle of all other intersecting roadways.

H. Shall be set back from all street right-of-way lines a minimum of twenty (20) feet, except as provided in Subp. 2. F. below.

I. When a sign is to be located along a designated highway where such sign is not adjacent to a front property line, there shall be a minimum setback of five (5) feet.

J. The source light for the purpose of illumination may be indirect or direct and shall not be directed in any way except into the advertising copy.

K. The exposed uprights or superstructure shall be painted a neutral color.

L. The area around a ground / pylon-mounted off-premise sign shall be appropriately landscaped and regularly maintained.

M. All ground / pylon support structures shall be mono-pole design and shall meet appropriate safety /construction codes relating to wind-loading and structural design.

N. Off-premise signs located on a roof shall not be permitted.

K. Wall-mounted off-premise signs shall be on a separate frame, shall not extend beyond eighteen (18) inches from the wall surface, and shall not exceed one-quarter (1/4) of the square footage of the wall it occupies or three hundred (300) square feet, whichever is lesser.

The amendments to the Land Use Ordinance shall become effective 30 days after their passage and publication.

The motion carried. Chairperson Bennett officially closed the public hearing at 10:26 a.m., July 27, 1999. A transcript of this hearing is on file at the County Administrator’s Office, Courthouse, Mankato, MN. 99-270

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

RESOLUTION LIFTING 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 2^nd 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 County Board of Commissioners, at their meeting on July 27, 1999, after giving proper notice, held a public hearing, and after giving due consideration to the proposed amendments, voted to adopt the amendments as set forth in Staff Report 40-99 and to lift the Temporary Moratorium on the effective date of the amendment, August 27, 1999; and,

WHEREAS, the Blue Earth County Board of Commissioners finds:

1. Adoption of The Land Use Ordinance Amendment to Section 16, Off-Premises Advertising Signs, revising design and installation standards for off-premises advertising signs, resolves concerns which initiated the Temporary Moratorium.

2. The temporary 90 day moratorium will no longer be necessary to protect the public health, safety and welfare when the Ordinance Amendments are effective on August 27, 1999.

NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of Commissioners, that the 90 day moratorium on approvals of applications for off-premise advertising signs shall be lifted on August 27, 1999.

The motion carried. 99-271

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

RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO ALLOW OPERATION OF A WOODWORKING SHOP AS A LEVEL II HOME OCCUPATION AND TO TRANSFER DEVELOPMENT RIGHTS FROM THE SE 1/4, SE 1/4, SECTION 21, GARDEN CITY TOWNSHIP TO THE NE 1/4, SE 1/4, SECTION 21, GARDEN CITY TOWNSHIP

WHEREAS, Richard and Maryanne Kelley, owners of the following real estate in the County of Blue Earth to wit:

All my undivided interest in all that part of the Southwest 1/4 and all that part of the Southwest 1/4 of Northwest 1/4 of Section Twenty-two (22), Township One Hundred Seven (107), Range Twenty-eight (28) described as follows: Beginning at the Southwest corner of said Section Twenty-two (22); thence North along West line of said Section a distance of 3648 feet to the right of way of the Chicago, St. Paul, Minneapolis and Omaha Railroad Company; thence in a Southeasterly direction along the Westerly line of said railway right of way a distance of 3074 feet to the center of the Watonwan River; thence Southerly along the center of the course of said Watonwan River to the South line of said Section 22 and thence west on the South line of said Section 22, a distance of 2016 feet to the place of beginning.

Also all that portion of the East _ of Southeast 1/4 of Section Twenty-one (21), and all that portion of the Northeast 1/4 of Northeast 1/4 of Section Twenty-eight (28), Township One Hundred Seven (107), Range Twenty-eight (28), which lies Northerly of the Watonwan River; and the following described tract: Beginning at the Northwest corner of the Northeast 1/4 of Northeast 1/4 of said Section Twenty-eight (28); thence South 95 feet; thence South 73 degrees East 358.25 feet; thence North 17 degrees East to the South bank of the Watonwan River; thence upstream following the bank of the Watonwan River to the West line of the Southeast 1/4 of the Southeast 1/4 of said Section 21, and thence South to the place of beginning.

The East 2 _ acres of that portion of the SE 1/4 SE 1/4 of Sec. 21-107-28, Lying South of the Watonwan River.

That part of the West Half of the Northwest Quarter (W1/2 of NW 1/4), and the Southwest Quarter (SW 1/4), of Section Twenty-two (22) Township One Hundred Seven (107) North, Range Twenty-eight (28) West of the Fifth Principal Meridian, bounded and described as follows: That part of the former railroad right-of-way lying on the west side of the center line of main track (now removed) of the Saint Paul and Sioux City Rail Road Company (later the Chicago, St. Paul, Minneapolis and Omaha Railway Company, now the Chicago and North Western Transportation Company), as said main track centerline was originally located and established over and across said Section Twenty-two (22); at a point on the West line of said Section Twenty-two (22), distant 100 feet Southwesterly, measured at right angles, from the center line of the main track (now removed); thence Southeasterly parallel with said original main track center line a distance of 1,400 feet, more or less, to a point distant 87.5 feet Southwesterly, measured at right angles, from the center line of the main track (now removed) of the Chicago, St. Paul, Minneapolis and Omaha Railway Company (now the Chicago and North Western Transportation Company), as said main track center line was “amended” (relocated) in 1899; thence Southeasterly parallel with said relocated main track center line a distance of 1,600 feet, more or less, to the center of the Watonwan River; thence Northeasterly along the center of said river to a point on the center line as relocated in 1899 distant 87.5 feet Northeasterly, measured at right angles from said relocated main track center line; thence Northwesterly along the center line of said relocated main track center line a distance of 1,650 feet, more or less, to a point on the North line of the Southwest Quarter of said Section Twenty-two (22); thence Northwesterly along the center line of said original main track center line a distance of 1,600 feet; more or less, to a point on the West line of said Section Twenty-two (22); thence Southerly along said West line a distance of 400 feet, more or less to the point of beginning.

Subject to an easement in favor of Interstate Power Company, a Delaware Corporation, dated January 30, 1981, recorded April 30, 1981 in Book 262, page 155 wherein Lake to Bago, Inc. is the grantor. Document No. 333845.

have requested a Conditional Use Permit to allow operation of a woodworking shop as a Level II Home Occupation and to Transfer Development Rights from the Southeast Quarter of the Southeast Quarter of Section 21, Garden City Township owned by the applicants to property in an adjacent quarter-quarter section in the Northeast Quarter of the Southeast Quarter of Section 21, Garden City Township; and

WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC 45-99), a copy of said report has been presented to the County Board; and,

WHEREAS, the Planning Commission of the County on the 7^th Day of July, 1999, following proper notice, held a public hearing regarding the request and, following the hearing, voted unanimously to recommend approval of the request to the County Board; and,

WHEREAS, the Blue Earth County Board of Commissioners, on the 27^th Day of July, 1999, following proper notice, held a public hearing regarding the request and, following the hearing, voted unanimously to grant the Conditional Use Permit; 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.

NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of Commissioners, that the request to allow operation of a woodworking shop as a Level II Home Occupation and to Transfer Development Rights from the Southeast Quarter of the Southeast Quarter of Section 21, Garden City Township owned by the applicants, to property in an adjacent quarter-quarter section in the Agricultural Zoned District in the Northeast Quarter of the Southeast Quarter of Section 21, Garden City Township, is hereby approved contingent upon the following conditions.

1. The applicants subdivide and record future divisions of land in accordance with County regulations.

2. Construction and septic permits be obtained before beginning construction.

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

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

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

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

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

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

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

10. 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.

11. This Conditional Use Permit shall be effective for a period of five years, after which it will be reviewed by the Blue Earth County Board.

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

The motion carried. 99-272

Commissioner Barnes moved and Commissioner More 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 13, CERESCO TOWNSHIP.

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

That part of the Northwest Quarter of the Northwest Quarter of Section 18, Township 106 North, Range 28 West, and that part of the Northeast Quarter of the Northeast Quarter of Section 13, Township 106 North, Range 29 West, described as:

Commencing at the Northeast Quarter of Section 13; thence South 00 degrees 00 minutes 00 seconds West (assumed bearing) along the east line of the Northeast Quarter of Section 13 at a distance of 661.20 feet to the point of beginning; thence North 89 degrees 26 minutes 38 seconds East, 16.26 feet; thence South 00 degrees 00 minutes 00 seconds West, along a line parallel with the east line of the Northwest Quarter of Section 13 at a distance of 536.13 feet; thence South 89 degrees 26 minutes 38 seconds West, 503.42 feet; thence North 00 degrees 00 minutes 00 seconds East, along a line parallel with the east line of the Northeast Quarter of Section 13, a distance of 536.13 feet; thence North 89 degrees 26 minutes 38 seconds East, 487.16 feet to the point of beginning.

has applied for a Conditional Use Permit to construct and operate a welding, tank inspection, and repair business in an accessory building to the applicant’s existing home as a Level II Home Occupation in an Agricultural Zoning District.

WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC 47-99 ), a copy of said report has been presented to the County Board; and

WHEREAS, the Planning Commission of the County on the 7th day of July 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 welding, tank inspection and repair business operated as a Level II Home Occupation conforms with the County Land Use Plan.

2. That with proper management, the welding, tank inspection and repair 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 welding, tank inspection and repair business operated as a Level II Home Occupation.

5. That with proper management the welding, tank inspection and repair 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 welding, tank inspection and repair 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 welding, tank inspection and repair business.

8. That facilities are provided to eliminate any traffic congestion or traffic hazard which may result from a welding, tank inspection and repair business operated as Level II Home Occupation.

9. That the welding, tank inspection and repair 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 welding, tank inspection and repair 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 Agricultural Zoning District.

NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of Commissioners, that the request for a Conditional Use Permit to operate a Welding, Tank Inspection and Repair Business as a Level II Home Occupation in an Agricultural Zoning District, is granted with the following conditions:

1. That the welding, tank inspection and repair 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.

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.

1. That the home occupation only be limited to use as a welding, tank inspection and repair business.

1. The operation of the home occupation shall begin no earlier than 7:00 a.m. and end no later than 6:00 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 July 27th, 2004. The applicant shall make application for review of the permit prior to June 1, 2004.

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

The motion carried. 99-273

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

RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO AUTHORIZE A HEATING AND AIR CONDITIONING BUSINESS AS A LEVEL II HOME OCCUPATION IN AN AGRICULTURAL ZONED DISTRICT IN THE NE 1/4, NE 1/4, SECTION 5, DECORIA TOWNSHIP

WHEREAS, Tom and Cindy Davis, owners of the following real estate in the County of Blue Earth to wit:

A tract of land lying within the NE 1/4 NE1/4 Section 5, T107N, R26W, Decoria Township, more particularly described as follows: Commencing at the SE Corner of the NE1/4 NE1/4 of Section 5, T107N, R26W, thence North 88 degrees 17' West a distance of 1000 feet, thence North 0 degrees 00' East a distance of 338.25 feet to the actual point of beginning, thence continuing North 0 degrees 00' East a distance of 338.25 feet, thence South 88 degrees 17' East a distance of 1000 feet, thence South 0 degrees 00' West a distance of 338.25 feet, thence North 88 degrees 17' West a distance of 1000 feet to the actual point of beginning.

have requested a Conditional Use Permit to authorize a heating and air conditioning business as a Level II Home Occupation in an Agricultural Zoned District in the NE 1/4, NE 1/4, Section 5, Decoria Township; and,

WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC 48-99), a copy of said report has been presented to the County Board; and,

WHEREAS, the Planning Commission of the County on the 7^th Day of July, 1999, following proper notice, held a public hearing regarding the request and, following the hearing, voted unanimously to recommend approval of the request to the County Board; and,

WHEREAS, the Blue Earth County Board of Commissioners, on the 27^th Day of July, 1999, following proper notice, held a public hearing regarding the request and, following the hearing, voted unanimously to grant the Conditional Use Permit; 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 to a Conditional Use Permit to authorize a heating and air conditioning business as a Level II Home Occupation in an Agricultural Zoned District in the NE 1/4, NE 1/4, Section 5, Decoria Township, is hereby approved contingent upon the following conditions.

1. Construction and septic permits be obtained before beginning construction.

2. The Level II Home Occupation must be conducted entirely within the dwelling or accessory building and shall be carried on by the inhabitants thereof. No more than six (6) employees shall be allowed other than the inhabitants.

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

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

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

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

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

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

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

10. This Conditional Use Permit shall be effective for a period of five years, after which it will be reviewed by the Blue Earth County Board.

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

The motion carried. 99-74

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

RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO TRANSFER A DEVELOPMENT RIGHT FROM THE SW 1/4 OF THE SW 1/4, SECTION 13, STERLING TOWNSHIP TO THE SE 1/4 OF THE SW 1/4, SECTION 13, STERLING TOWNSHIP

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

That part of the Southwest Quarter (SW 1/4) of Section 13, Township 105 North, Range 27 West lying South of County Road No. 29, as described in Warranty Deed 314CR776 filed August 15, 1990.

has applied for a Conditional Use Permit to Transfer a Residential Development Right from the Southwest Quarter of the Southwest Quarter Section 13, Sterling Township to the Southeast Quarter of the Southwest Quarter Section 13, Sterling Township for the purpose of creating a two-lot subdivision.

WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC 49-99 ), a copy of said report has been presented to the County Board; and

WHEREAS, the Planning Commission of the County on the 7th day of July 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 Transfer of Development Rights conforms with the County Land Use Plan.

2. That the Transfer of Development Rights will not degrade the water quality of the County.

3. That the Transfer of Development Rights will not adversely increase the quantity of water runoff.

4. That soil conditions are adequate to accommodate the Transfer of Development Rights.

5. That the Transfer of Development Rights 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 Transfer of Development Rights 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 Transfer of Development Rights will not impede the normal and orderly development and improvement of surrounding vacant property for predominant uses in the area.

9. That site specific conditions and such other conditions are established as required for the protection of the public’s health, safety, morals, and general welfare.

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 District, is granted with the following condition:

1. The applicant must subdivide and record all divisions of land in accordance with the provisions of the County Subdivision Ordinance.

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

The motion carried. 99-275

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

RESOLUTION GRANTING PRELIMINARY AND FINAL PLAT APPROVAL PRELIMINARY AND FINAL PLAT OF STOFFREGEN SUBDIVISION SECTION 13, STERLING TOWNSHIP

WHEREAS, Carol Stoffregen, owner of the property included in the plat of Stoffregen Subdivision have submitted a Preliminary and Final Plat for approval; and

WHEREAS, the Final Plat of Stoffregen Subdivision meets the requirements of the Blue Earth County Subdivision Ordinance; and

WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC 50-99 ), a copy of said report has been presented to the County Board; and

WHEREAS, the Planning Commission of the County on the 7th day of July, 1999, following proper notice, held a public hearing regarding the request and, following the hearing, adopted a recommendation that the request for Preliminary and Final Plat Approval be granted; and

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

1. There are adequate utilities available.

2. The proposed subdivision will not adversely affect natural resources of the County.

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

4. The proposed subdivision will not be injurious to other property in the immediate vicinity.

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

1. That the site for a dwelling on Lot 1 of the proposed subdivision must be located in the southern or western portion of the lot.

NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of Commissioners, that the request for Preliminary and Final Plat Approval of Stoffregen Subdivision is granted.

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

The motion carried. 99-276

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

RESOLUTION GRANTING A TEMPORARY CONDITIONAL USE PERMIT TO STORE AND CRUSH RECYCLED CONCRETE AND BITUMINOUS MATERIALS IN AN EXISTING UN-PERMITTED GRAVEL MINE IN AN AGRICULTURAL ZONED DISTRICT IN THE NW 1/4, SE 1/4, SECTION 23, JUDSON TOWNSHIP

WHEREAS, Gordon and Mary Kuznia, dba G&M Contracting, Inc., owners of the following real estate in the County of Blue Earth to wit:

The Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) of Section Twenty-three (23), Township One Hundred Eight (108) North, Range Twenty-eight (28) West, consisting of thirty seven (37) acres more or less.

Subject to roads, highways, and easements for title and utilities of record.

Have requested a Temporary Conditional Use Permit to store and crush recycled concrete, rock, and bituminous materials in an existing un-permitted gravel pit.

WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC 51-99), a copy of said report has been presented to the County Board; and,

WHEREAS, the Planning Commission of the County on the 7^th Day of July, 1999, following proper notice, held a public hearing regarding the request and, following the hearing, voted unanimously to recommend approval of the request to the County Board; and,

WHEREAS, the Blue Earth County Board of Commissioners, on the 27^th Day of July, 1999, following proper notice, held a public hearing regarding the request and, following the hearing, voted unanimously to grant the Conditional Use Permit; and,

WHEREAS, the Blue Earth County Board of Commissioners finds:

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

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

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

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

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

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

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

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

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

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

NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of Commissioners, that the request for a temporary Conditional Use Permit to store and crush recycled concrete, rock, and bituminous materials in an existing un-permitted gravel pit in an Agricultural Zoned District is hereby approved contingent upon the following conditions:

1. The transportation, storage, and crushing of recycled concrete, bituminous, and rock materials shall be conducted in compliance with the laws of the State of Minnesota, the Federal Government, and Blue Earth County.

2. Access points from and onto any road or highway shall be as approved in this staff report.

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

4. All buildings, plants, and equipment used in the operations shall be removed within 60 days of completion of projects unless/or as authorized in a future Conditional Use Permit authorizing resumption of the gravel mining operations.

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

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

7. Hours of operation shall be limited to 7:00 AM through 8:00 PM to prevent disturbing noise during normal sleeping hours.

8. Unless otherwise authorized, this permit shall expire November 30, 1999. This permit may be extended to expire concurrently with a future Conditional Use Permit authorizing resumption of the gravel mining operation if said permit is requested.

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

The motion carried. 99-277

Public comments on the following request were heard from: Ms. Alice Meier, Pleasant Mound Township; Ms. Deb Howard, Applicant; Mr. Larry Schwanke, Applicant.

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

RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO CONSTRUCT TWO TOTAL CONFINEMENT SWINE BARNS CREATING A NEW FEEDLOT OF 200 A.U. LOCATED IN THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 8, PLEASANT MOUND TOWNSHIP

WHEREAS, Larry Schwanke and Deb Howard, owner of the following real estate in the County of Blue Earth, Minnesota, to wit:

East Half of the Northeast Quarter (E _ of NE 1/4) and the East nine rods of the North twenty rods of the West Half of the Northeast Quarter (W _ of NE 1/4) of Section eight (8), Township 105 North, Range 29 West of the fifth P.M.

has applied for a Conditional Use Permit to construct a total confinement hog operation in an A, Agriculture Zoning District; and

WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC-53-99 ), a copy of said report has been presented to the County Board; and

WHEREAS, the Planning Commission of the County on the 7th day of July, 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 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 build 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 53-99.

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

3. That the applicant must obtain a Blue Earth County Feedlot Permit and a Certificate of Compliance before any animals are placed in the barns.

4. That the applicant obtain a Blue Earth County Construction Permit before building begins and within one year 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 one year 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 53-99.

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 before any animals are placed in the proposed barns.

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

10. That all manure storage structures must be designed by a registered engineer. A copy of the designed plans must be submitted to Blue Earth County Environmental Services prior to the issuance of a construction permit.

1. That the new access from County Road 139 must be approved by the County Engineer before issuance of a construction permit.

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

The motion carried. 99-278

Public comments on the following request were heard from: Ms. Alice Meier, Pleasant Mound Township; Mr. Larry Schwanke, Applicant and Ms. Katy Wortel, Mankato Township.

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

RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO CONSTRUCT TWO TOTAL CONFINEMENT SWINE BARNS CREATING A NEW FEEDLOT OF 200 A.U. LOCATED IN THE NORTHEAST QUARTER OF SECTION 5, PLEASANT MOUND TOWNSHIP

WHEREAS, Larry Schwanke and Justin Schwanke, owner of the following real estate in the County of Blue Earth, Minnesota, to wit:

The Northeast Quarter (NE 1/4) of Section five (5), Township 105 North, Range 29 West of the fifth P.M.

Excluding the following tract:

That part of the Northwest Quarter of the Northeast Quarter of Section 5, Township 105 North, Range 29 West, Blue Earth County, Minnesota described as: Commencing at the Northeast corner of Section 5; thence North 88 degrees 27 minutes 00 seconds West (assumed bearing), along the north line of the Northeast Quarter of Section 5 a distance of 1610.90 feet to the point of beginning; thence South 00 degrees 49 minutes 00 seconds West 600.65 feet, thence South 90 degrees 00 minutes 00 seconds West 1027 feet, more or less, to the point of the intersection with North - South centerline of Section 5; thence northerly along said North - South centerline, 528 feet, more or less, to the North Quarter corner of Section 5; thence South 88 degrees 27 minutes 00 seconds East, along the north line of the Northeast Quarter of Section 5 a distance of 1028 feet, more or less, to the point of beginning.

Said parcel contains 14.5 acres, subject to an easement for County Highway No. 25 purposes over and across the northerly boundary; Also subject to any other easements of record.

Together with all hereditaments and appurtenances belonging thereto; subject to the following exceptions:

has applied for a Conditional Use Permit to construct a total confinement hog operation in an A, Agriculture Zoning District; and

WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC-54-99 ), a copy of said report has been presented to the County Board; and

WHEREAS, the Planning Commission of the County on the 7th day of July, 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 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 build 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 54-99.

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

3. That the applicant must obtain a Blue Earth County Feedlot Permit and a Certificate of Compliance before any animals are placed in the barns.

4. That the applicant obtain a Blue Earth County Construction Permit before building begins and within one year 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 one year 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 54-99.

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, or vibrations so that none of these will constitute a nuisance.

1. That all manure storage structures must be designed by a registered engineer. A copy of the designed plans must be submitted to Blue Earth County Environmental Services prior to the issuance of a construction permit.

1. That the new access from County Road 25 must be approved by the County Engineer before issuance of a construction permit.

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

The motion carried. 99-279

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

RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO TRANSFER DEVELOPMENT RIGHTS FROM THE NE 1/4 - NW 1/4, AND THE NW 1/4 - NE 1/4, SECTION 7, DECORIA TOWNSHIP TO THE SW 1/4 - SE 1/4, SECTION 6, TO THE NE 1/4 -NE 1/4, SECTION 7, AND TO THE NW 1/4 - NW 1/4 OF SECTION 8, ALL IN DECORIA TOWNSHIP, TO PERMIT CREATION OF A PROPOSED SIX LOT RESIDENTIAL SUBDIVISION TO BE KNOWN AS WITTROCK FARMS SUBDIVISION

WHEREAS, Gerald and Virginia Wittrock and Joseph Trio, Personal Representative for the Trio family, owners of the following real estate in the County of Blue Earth to wit:

South Half of Southwest Quarter of Southeast Quarter of Section Six and the Northeast Quarter of Northwest Quarter and North Half of Northeast Quarter of Section Seven and Lot One of Burt’s Subdivision of the North Half of the Northwest Quarter of Section 8 Town 107, Range 26, EXCEPT Parcel U of Blue Earth County Right-of-Way Plat No. 8.

Together with all hereditaments and appurtenances belonging thereto.

Have requested a Conditional Use Permit to Transfer Development Rights from the NE 1/4 - NW 1/4, and the NW 1/4 - NE 1/4, Section 7, Decoria Township to the SW 1/4 - SE 1/4, Section 6, to the NE 1/4 -NE 1/4, Section 7, and to the NW 1/4 - NW 1/4 of Section 8, all in Decoria Township, to permit review of a proposed six lot residential subdivision to be subdivided and recorded as Wittrock Farms Subdivision; and;

WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC 52-99), a copy of said report has been presented to the County Board; and,

WHEREAS, the Planning Commission of the County on the 7^th Day of July, 1999, following proper notice, held a public hearing regarding the request and, following the hearing, adopted a recommendation that the request be denied; and,

WHEREAS, the Blue Earth County Board of Commissioners, on the 27^th Day of July, 1999, following proper notice, held a public hearing regarding the request and, following the hearing, voted to grant the Conditional Use Permit; 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.

NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of Commissioners, that the request to transfer development rights from the NE 1/4 - NW 1/4, and the NW 1/4 - NE 1/4, Section 7, Decoria Township to the SW 1/4 - SE 1/4, Section 6, to the NE 1/4 -NE 1/4, Section 7, and to the NW 1/4 - NW 1/4 of Section 8, all in Decoria Township, to permit review of a proposed six lot residential subdivision in the Agricultural Zoned District, to be subdivided and recorded as Wittrock Farms Subdivision, is hereby approved contingent upon the following condition:

1. The applicants agree to subdivide and record divisions of land in accordance with County regulations.

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

The motion carried. 99-280

Commissioner Landkamer moved and Commissioner More seconded the motion to approve the following resolution.

RESOLUTION APPROVING THE PRELIMINARY PLAT APPROVAL OF WITTROCK FARMS SUBDIVISION, A SIX LOT RESIDENTIAL SUBDIVISION, LOCATED IN PARTS OF SECTIONS 6, 7, AND 8, DECORIA TOWNSHIP.

WHEREAS, Gerald and Virginia Wittrock and Joseph Trio, Personal Representative for the Trio family, owners of the following real estate in the County of Blue Earth to wit:

South Half of Southwest Quarter of Southeast Quarter of Section Six and the Northeast Quarter of Northwest Quarter and North Half of Northeast Quarter of Section Seven and Lot One of Burt’s Subdivision of the North Half of the Northwest Quarter of Section 8 Town 107, Range 26, EXCEPT Parcel U of Blue Earth County Right-of-Way Plat No. 8.

Together with all hereditaments and appurtenances belonging thereto.

Have requested review and approval of the Preliminary Plat of Wittrock Farms Subdivision, a six lot residential subdivision located in parts of Sections 6, 7, and 8, all in Decoria Township; and;

WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC 46-99), a copy of said report has been presented to the County Board; and,

WHEREAS, the Planning Commission of the County on the 7^th Day of July, 1999, following proper notice, held a public hearing regarding the request and, following the hearing, continued the matter until July 13, 1999 to permit a visit to, and viewing of, the proposed subdivision; and,

WHEREAS, the Planning Commission of the County on the 13^th Day of July, 1999, following proper notice, re-convened the public hearing at the proposed subdivision and, following the hearing, voted unanimously to forward the proposal to the County Board with a recommendation for approval; and,

WHEREAS, the Blue Earth County Board of Commissioners, on the 27^th Day of July, 1999, following proper notice, held a public hearing regarding the request and, following the hearing, voted to grant the Preliminary Plat approval for Wittrock’s Farms Subdivision; and,

WHEREAS, the Blue Earth County Board of Commissioners finds:

1. Development of the proposed subdivision is consistent with land use in the area.

2. The soil conditions are adequate to support the proposed use.

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

4. The proposed subdivision will not degrade the water quality of the County.

5. The proposed subdivision will not be injurious to the use and enjoyment of other property in the immediate vicinity for purposes already permitted.

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

NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of Commissioners, that the request for approval of the Preliminary Plat of Wittrock Farms Subdivision, a six lot residential subdivision located in the Agricultural Zoned District in parts of Sections 6, 7, and 8, all in Decoria Township, is hereby approved contingent upon the following conditions:

1. Pursuant to Blue Earth County Subdivision Ordinance Section 0140.0714, Subparts 1, 3, and 4, a payment to the County’s dedicated fund for acquisition of park lands shall be made at the time of approval of Final Plat.

1. The Final Plat for Wittrock’s Farms Subdivision must be approved by the Blue Earth County Board of Commissioners within twelve (12) months from the date that the Revised Preliminary Plat receives approval from the Board.

1. A Title Report shall be furnished with the Final Plat. Signatures of all interested parties shall be included in the signature block on the Final Plat.

1. After approval of the Final Plat by the County Board, and prior to recording of the Final Plat, the applicant must provide a performance bond or other method of financial assurance acceptable to the County Board to assure construction and / or installation of required infrastructure and improvements including but not limited to; roads, erosion control and drainage structures and facilities, survey monumentation, and any required traffic and/or street signs.

1. All required improvements must meet or exceed standards specified in the Blue Earth County Subdivision Ordinance. The Blue Earth County Engineer will certify that the improvement plans meet minimum standards and set the amount of financial assurance to be provided by the developer.

AS AN ALTERNATIVE;

1. The developer may submit engineered plans for the required infrastructure to the County Engineer for approval. After the Engineered Improvement Plans have been approved by the County Engineer the developer may construct required improvements according to the approved plans.

1. Upon completion of the required improvements the developer may request that the improvements be inspected by the County Engineer. After the County Engineer has certified that the improvements meet minimum specifications of the Subdivision Ordinance, and upon receipt of the As-built Plans, the Final plat may be signed and recorded.

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

The motion carried. 99-281

6. COMMUNITY CORRECTIONS GRANT APPLICATION

Commissioner Landkamer moved and Commissioner Barnes seconded the motion to approve a grant agreement from the Minnesota Department of Corrections from July 1, 1999 to June 30, 2001. The two part grant includes receiving $3,000 annually each for a juvenile restituion program and for the ongoing operation of our Female Offender Program. The Youthful offenders will be allowed to earn $4.75 an hour working on the Juvenile Work Crew. The money is then paid directly to the victims of these offenders, the juveniles do not get to keep any of it. The Female Offender Program provides the Expanded Life Choices curriculum to jailed female offenders, and other female probation clients. The goal of the program is to help these clients improve their life skills to live successful, crime free lives.

The motion carried. 99-282 (Adjust Budgets Accordingly)

7. REPURCHASE OF FORFEITED LANDS

Mr. Van Erdewyk, Lake Crystal and Mr. Bob Hauge, City Administrator of Lake Crystal, expressed their interest in the property located in the City of Lake Crystal, R09-12-05-137-002 and R09-12-05-213-001.

After discussion, Commissioner Barnes moved and Commissioner More seconded the motion to award the property to the City of Lake Crystal - Economic Development Authority, by approving their Application by a Government Subdivision for Conveyance of Tax-Forfeited Lands for an Authorized Public Use, based on the fact that this decision would serve the best public use.

The motion carried. 99-283

HUMAN SERVICES

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

Approval of the Minnesota Breast and Cervical Cancer Control Program Grant Agreement with MDH extending the original grant agreement from August 31, 1999, to December 31, 1999.

Approval of an agreement with MRCI to provide MFIP and FSET program employment and training services for the period July 1, 1999, through June 30, 2000.

The motion carried. 99-284

4. ADMINISTRATIVE SERVICES

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

Authorization to initiate recruitment for a Clerk II (A13). (Human Services)

Approval of the following recommended Band/Grade Adjustments:

The motion carried. 99-285 (Adjust Budgets Accordingly)

Commissioner Landkamer moved and Commissioner McLaughlin seconded the motion to approve the July 13, 1999 Board Minutes along with the June 21, 1999 Board of Equalization minutes.

The motion carried. 99-286

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

The motion carried. 99-287

Commissioner Barnes moved and Commissioner Landkamer seconded the motion to approve a contract with the Municipal Code Corporation to research, edit, codify and publish the ordinances for Blue Earth County.

The motion carried. 99-288

The June Financial Status Report was presented as an informational item for the Boards review.

A special meeting of the Board of Directors and all shareholders of Ponderosa of Blue Earth County, Inc., was held at 9:15 a.m. on the 27th day of July, 1999, pursuant to the following waiver and consent, which was duly signed by all directors and shareholders of the Corporation, to-wit:

The following directors and shareholders were present in person:

Colleen Landkamer

Tom McLaughlin

Linley Barnes

Al Bennett

Alvis More

Upon motion duly made by Commissioner Landkamer and seconded by Commissioner More and carried and in recognition that all assests and liabilities of the Corporation have previously been transferred to Blue Earth County, the directors and shareholders unanimously authorized the dissolution of the Ponderosa of Blue Earth County, Inc., pursuant to Minnesota Statutes 302A.721.

Further that David J. Twa, President of the Corporation is authorized to file with the Secretary of State’s office a notice of intent to dissolve, and to take all steps necessary to dissolve the Corporation.

There being no further business to come before the meeting, the meeting was adjourned.

The motion carried. 99-289

Commissioner More moved and Commissioner Landkamer seconded the motion to adjourn the Board Meeting at 12:30 p.m.

The motion carried. 99-290