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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 Bennett seconded the motion to approve the amended Agenda to include an additional Minnesota Trail System Grant Agreement. The motion carried. 97-311

2. COMMISSIONERS' REPORTS ON COMMITTEES
The Commissioners reported on committees that they have attended since the last Board Meeting.
Commissioner More moved and Commissioner Bennett seconded the motion to set final hearings for Judicial Ditch #28 at 3:00 p.m. and Judicial Ditch #15 at 4:00 p.m. on September 23, 1997 at the Boardroom, Courthouse. The motion carried. 97-312

4. PLANNING AND ZONING/PUBLIC HEARING ON REZONING REQUEST

Mr. Veryl Morrell, Land Use & Natural Resources Administrator, Ms. Julie Conrad, Land Use & Natural Resources Planner and Mr. Bill Goebel, Land Use Specialist, presented Planning and Zoning items for the Boards consideration.
Pursuant to publication, a public hearing was held to hear a request to re-zone the South half of the Northwest Quarter of the Northwest Quarter, Section 6, Vernon Center Township from C-1, Conservation to A-1, Agriculture, and to re-zone the North half of the Northeast Quarter of the Northwest Quarter, Section 6, Vernon Center Township from A-1, Agriculuture to C-1, Conservation to permit construction of a swine finishing feedlot. The Public Heairng was opened for public comments by Chairperson Barnes at 9:30 a.m., August 19,1 997. No public comments were made.
Commissioner Bennett moved and Commissioner More seconded the motion to approve the following:

WHEREAS, Tim and Barb Anderson, owners of the following real estate in the County of Blue Earth, Minnesota, to wit:

The South Half of the Northwest Quarter of the Northwest Quarter, Section 6, T-106-N, R-28-W, Vernon Center Township, Blue Earth County, and the North Half of the Northeast Quarter of the Northwest Quarter,

Section 6, T-106-N, R-28-W, Vernon Center Township, Blue Earth County,

WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC 27-97), a copy of said report has been presented to the County Board; and,

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 be granted; and,

WHEREAS, the Blue Earth County Board of Commissioners on the 19th day of August, 1997, following proper notice held a public hearing regarding the request; and,

WHEREAS, the Blue Earth County Board of Commissioners finds:

1. The proposed re-zone corrects a mistake in the original zoning map by establishing consistency with adjacent zoning districts.

2. That the proposed re-zone and land use conforms with the Land Use Plan.

3. The proposed re-zone will provide additional conservation buffering between a proposed feedlot on agricultural land and the Watonwan river.

4. The proposed re-zone will reduce the pollution potential of this site by locating a feedlot further away from the Watonwan River.

5. The proposed re-zone will not degrade the water quality of the County.

6. The proposed re-zone will help to preserve prime agricultural land for cropping purposes by allowing non prime agricultural land to be utilized for animal agriculture.

7. The re-zone will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted.

8. That the re-zone 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 re-zone the South Half of the Northwest Quarter of the Northwest Quarter, Section 6, Vernon Center Township from Agricultural to Conservation District, and the North Half of the Northeast Quarter of the Northwest Quarter, Section 6, Vernon Center Township from Conservation to Agricultural District, is granted.

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

The motion carried. Chairperson Barnes officially closed the public hearing at 9:40 a.m., August 19, 1997. 97-313
Commissioner Bennett moved and Commissioner Tacheny seconded the motion to approve the following:

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

Lot Five (5), subdivision of Southwest Quarter of the Southeast Quarter (SW  SE ), of Section Thirty-one (31), Township One Hundred seven (107) North, of Range Twenty-eight (28) West of the 5th P.M., also North Half of the Northwest Quarter (N  NW ) of Section Six (6), Township One Hundred six (106) North, of Range Twenty-eight (28) West of the 5th P.M., and a tract of land described as follows, to-wit: Commencing at the Northwest corner of the NE  of Section 6, Township 106 North, Range 28, West of the 5th P.M., thence East on the section line a distance of 420 feet to the Watonwan River, thence following the course of the stream South 49 degrees, 30 minutes East 215 feet, thence South 79 degrees, 45 minutes East 175 feet, thence North 84 degrees 30 minutes East 350 feet, 45 minutes East 175 feet, thence North 84 degrees 30 minutes East 350 feet, thence North 26 degrees 30 minutes East 117.4 feet to the North line of the NE  of said Section 6, thence East on the Section line 280 feet to the Watonwan River, thence again following the course of the stream South 54 degrees West 275 feet, thence South 65 degrees West 200 feet, thence South 37 degrees West 360 feet, thence South 28 degrees West 400 feet, thence South 76 degrees 30 minutes West 654 feet to the West line of the NE  of said Section 6, thence North a distance of 1106 feet to the place beginning, save and except a tract of land deeded to Daniel Barney commencing 16 chains 33 links West of the NE corner of said Section 6, thence 10 chains West, thence 8 chains South, thence a Northeasterly direction along the left bank of the Watonwan River to the place of beginning.

WHEREAS, the Planning Commission of the County on the 6th day of August, 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 build two total confinement swine barns in an Agriculture Zoning District, is granted with the following conditions:

1. That the total confinement finishing barns, conform with the site plan attached to this report PC 20-97.

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 20-97.

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. 97-314

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

WHEREAS, Pemton Corporation, Gene Horning, President, owners of the following real estate in the County of Blue Earth, Minnesota, to wit:

Lots 8, 9, 10, and 17, Block 1, Cedar Meadows Subdivision, SE 1/4, Section 18, Decoria Township,

WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC 39-97), a copy of said report has been presented to the County Board; and,

WHEREAS, the Planning Commission of the County on the 6th day of August, 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. There are adequate utilities available.

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

3. The proposed re-plat meets the minimum standards of the County Zoning Ordinance and Subdivision Ordinance.

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

5. That the density of the proposed re-plat does not change the housing density which was originally approved for this subdivision.

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

The motion carried. 97-315

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

That part of the West 10 acres of the Northeast Quarter of the Northwest Quarter of Section 20, Township 107 North, Range 26 West, Blue Earth County, Minnesota described as:

Commencing at the Southwest Corner of the Northeast Quarter of the Northwest Quarter of Section 20; thence North 00 degrees 39 minutes 36 seconds East (assumed bearing) along the west line of the Northeast Quarter of the Northwest Quarter of Section 20, a distance of 366.34 feet to the point of beginning; thence North 57 degrees 00 minutes 00 seconds East, 76.76 feet; thence North 35 degrees 00 minutes 00 seconds East, 85.00 feet; thence South 89 degrees 20 minutes 24 seconds East, 220 feet to a point on the East line of the West 10 acres of the Northeast Quarter of the Northwest Quarter of Section 20; thence North 00 degrees 39 minutes 36 seconds East along the East line 836.91 feet to the Northeast Corner of the West 10 acres of the Northeast Quarter of the Northwest Quarter of Section 20; thence North 89 degrees 46 minutes 14 seconds West along the North line of the Northeast Quarter of the Northwest Quarter of Section 20; a distance of 331.85 feet to the Northwest Corner of the Northeast Quarter of the Northwest Quarter of Section 20; thence South 00 degrees 39 minutes 36 seconds West, along the West line of the Northeast Quarter of the Northwest Quarter of Section 20 a distance of 947.14 feet to the point of beginning.

Said parcel contains 6.54 acres, subject to an easement for township road purposes over and across the southeasterly corner of the above described parcel; also subject to any other easements of record.

WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC 50-97), a copy of said report has been presented to the County Board; and

WHEREAS, the Planning Commission of the County on the 6th day of August, 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 does 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 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, in a Conservation Zoning District, is granted with the following conditions:

1. Grading cuts, and fills for the access road shall comply with the plans attached to Staff Report PC 50-97.

2. Erosion control materials and placement shall comply with the plans attached to PC 50-97.

3. All exposed slopes shall be vegetated and seeded within 30 days of completion of driveway construction.

4. All steep slopes and bluff areas outside of the access road shall be left in their natural state.

5. Existing, natural vegetation shall be maintained in undisturbed areas of the bluff and steep slopes.

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

The motion carried. 97-316

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

WHEREAS, Clayton J. Edwards and Buffalo Bituminous Inc., owner and operator of the following real estate in the County of Blue Earth, Minnesota, to wit:

Southeast Quarter of the Southeast Quarter except the East 400 feet of the South 273 feet of the North 702 feet Southwest of Highway 68 and the East 231 feet of the Southwest Quarter of the Southeast Quarter Southeast of the Highway and except 86 acres in the Southeast Quarter of the Southeast Quarter of Section 21, Township 109 North, Range 29 West, Cambria Township. The property encompasses approximately 37.700 acres.

WHEREAS, the Planning Commission of the County on the 6th day of August, 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.

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 approval of a Conditional Use Permit and Reclamation Plan to expand an existing gravel mine and operate a bituminous hot mix plant is hereby granted subject to the following conditions;

1. The gravel mining and hot mix plant operations shall be conducted in compliance with the laws of the State of Minnesota, and the Federal Government, especially as related to safety standards, and the Blue Earth County Zoning Ordinance, Section 17, as set forth in, and in compliance with submitted application and materials dated July 9, 10, and 11, 1997. Application and materials referenced herein, drafted by Leon J. Kelzenberg on behalf of Clayton J. Edwards and Buffalo Bituminous Inc., shall serve as the approved development and reclamation plan. Said information is contained in Planning Commission Report PC 51-97.

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

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

4. The applicant shall obtain a DNR Waters Appropriations permit for water utilized for washing and screening operations.

5. Hours of operation shall be limited to 6:00 AM through 8:00 PM for the bituminous operation only. Hours for the gravel operation are from 7:00 AM to 9:00 PM.

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

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

8. Access points from the pit shall be onto CR 47.

9. 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.

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

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

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

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

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

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

16. This permit shall be effective for a period of five years of Board approval, or until August 19, 2002, after which it will be reviewed by the Blue Earth County Board.

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

The motion carried. 97-317

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

WHEREAS, Harland and Charlotte Frederick, owners of the following real estate in the County of Blue Earth, Minnesota, to wit:

A portion of the SE 1/4 of the NW 1/4, Section 33, Jamestown Township, to be recorded as Frederick's 3rd addition.

WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC 52-97), a copy of said report has been presented to the County Board; and,

WHEREAS, the Planning Commission of the County on the 6th day of August, 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. There are adequate utilities available.

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

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

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

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

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

The motion carried. 97- 318

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

WHEREAS, Bruce Ward and Richard Jefferies, owners of the following real estate in the County of Blue Earth, Minnesota, to wit:

The Southeast Quarter of the Southwest Quarter (SE  of SW ) and the South Half of the Southeast Quarter (S  SE ), all in Section 14, Township 106 North, Range 26 West, subject to easements of record.

WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC 53-97 ), a copy of said report has been presented to the County Board; and

WHEREAS, the Planning Commission of the County on the 6th day of August, 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 53-97.

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 or an Interim Permit be issued by the M.P.C.A before a 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 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 53-97.

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. 97-319
Commissioner Bennett moved and Commissioner More seconded the motion to approve the following Conditional Use Permit:

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

The Southwest Quarter of the Southwest Quarter Section 03, Vernon Center Township, T106N, R28W,

WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC 54-97 ), a copy of said report has been presented to the County Board; and

WHEREAS, the Planning Commission of the County on the 6th day of August, 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 build two total confinement swine barns in an Agriculture Zoning District, is granted with the following conditions:

1. That the total confinement finishing barns, conform with the site plan attached to this report PC 54-97.

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 54-97.

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. 97-320

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

WHEREAS, Vaubel Farms Inc., owner of the following real estate in the County of Blue Earth, Minnesota, to wit:

The East Half of the Northeast Quarter Section 26, Beauford Township, T106N, R26W,

WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC 55-97 ), a copy of said report has been presented to the County Board; and

WHEREAS, the Planning Commission of the County on the 6th day of August, 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 four 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 55-97.

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 55-97.

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. 97-321

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

WHEREAS, Ivan and Terry Borchardt, owner of the following real estate in the County of Blue Earth, Minnesota, to wit:

The North Half of the Southwest Quarter Section 27, 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 56-97 ), a copy of said report has been presented to the County Board; and

WHEREAS, the Planning Commission of the County on the 6th day of August, 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 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 56-97.

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 56-97.

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. 97-322

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

BE IT RESOLVED by the Blue Earth County Board of Commissioners that the County enter into the attached Grant Agreement Amendment with the Minnesota Pollution Control Agency (MPCA) to amend the existing Grant Agreement between the County and the MPCA for the following project:

BE IT FURTHER RESOLVED by the Blue Earth County Board of Commissioners that the Chair of the County Board be authorized to execute the attached Grant Agreement for the Lake Washington Improvement Project on behalf of the County.

WHEREUPON the above resolution was adopted at a regular meeting of the Blue Earth County Board of Commissioners, this 19th day of August, 1997.

The motion carried. 97-323

Commissioner Landkamer moved and Commissioner Bennett seconded the motion to set a public hearing at 6:00 p.m. on October 7, 1997 in the Boardroom, Courthouse, for comments on the Blue Earth County Comprehensive Water Plan. The motion carried. 97-324
Commissioner Tacheny moved and Commissioner Bennett seconded the motion to set the fee of $300 when both Conditional Use Permits and Variances are required. The motion carried. 97-325

5. PUBLIC WORKS
Mr. Al Forsberg, Public Works Director presented the following items for the Boards consideration.
Pursuant to publication, bids were received,opened and rewviewed for the following public works project, with the following results:

Commissioner More moved and Commissioner Landkamer seconded the motion to authorize the Chairperson and County Administrator to sign a Cooperative Agreement to authorize the State to reimburse Blue Earth County for the construction of the Red Jacket Canoe Landing on the LeSueur River. The motion carried. 97-327
Commissioner Tacheny moved and Commissioner Bennett seconded the motion to authorize the Chairperson and County Administrator to sign a Reimbursement Agreement with Williams Pipe Line Company to lower the Albert Lea-Mankato pipeline to accommodate the construction of CSAH 90. The motion carried. 97-328
After discussion, a special board meeting dealing with Rural Addressing was set for September 15, 1997 at 7:00 p.m. in the Boardroom, Courthouse.

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

Approval of the Maternal and Child Health Service Grant Proposal to the Minnesota Department of Health.

The Blue Earth County Board of Commissioners authorizes County staff to submit a preliminary proposal to the Minnesota Department of Human Services, which indicates the intent to continue the development of a plan to implement County Based Purchasing and enroll eligible individuals by January 1, 1999. This plan will be developed in conjunction with other Counties which may include Brown, Sibley, Freeborn, LeSueur and Waseca.

Approval of an agreement with Sheriff's Youth Programs to provide therapeutic services in the Children's Day Treatment Program.

Approval of an agreement with District #77 to provide the Children's Day Treatment Program. This agreement allows us to receive reimbursements available through the education system, which are not typically available to County Human Service Departments.

Agreement with MRCI to provide the STRIDE Program.

Approval of the Juvenile Justice Act Grant with the State of Minnesota Department of Children Family and Learning from July 1, 1997 through June 30, 1998.

Approval of the SMHI Joint Powers Agreement.

Agreement with Mankato State University to provide internships for nursing students effective August 30, 1997 and renewable each following year.

Waivered Services contract with New Horizons Home Care to provide Medicaid funded waivered services from September 1, 1997 to December 31, 1997.

A Waivered Services contract with Barbara Jo Johnson to provide Medicaid funded adult foster care/respite care from September 1, 1997 to December 31, 1997.

An agreement with the CCM Project Group to become a member of said group and co-owner of the CCM software. This agreement is funded by the Robert Wood Johnson Foundation grant.

3. ADMINISTRATIVE SERVICES
Mr. David Twa, County Administrator, presented the following items for the Boards consideration.
Commissioner Tacheny moved and Commissioner Landkamer seconded the motion to approve the County Board Minutes of August 5, 1997. The motion carried. 97-330
Commissioner More moved and Commissioner Landkamer seconded the motion to approve the following Bills:

GRAND TOTAL $2,222,358.98

GRAND TOTAL $2,974,706.45

The motion carried. 97-331
Commissioner Landkamer moved and Commissioner More seconded the motion to approve the following Personnel items:

Resignation of Mary Schwartzbauer, Clerk II (A13), effective August 15, 1997. (Human Services)

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

Resignation of Marina Trejo, Building Maintenance Custodian (A12), effective September 5, 1997. (Building Maintenance)

Resignation of Nancy Black, Social Worker (C42), effective August 22, 1997. (Human Services)

Authorization to initiate recruitment for a Social Worker(C42). (Human Services)

Commissioner More moved and Commissioner Bennett seconded the motion to approve two trail grants from the Department of Natural Resources through the Minnesota Trails Assistance Program that provides grants to local units of government for the construction and maintenance of recreational trails. The grants are in the amounts of $8,955.40 and $5,100.00 for the Blue Earth River Trail. The motion carried. 97-333
Commissioner Landkamer moved and Commissioner More seconded the motion to approve an Application by a Governmental Subdivision for Conveyance of Tax-Forfeited Lands for an Authorized Public Use to the City of Mankato for two parcels located in the City of Mankato, R0l-09 16-278-001 K-369853, Sunray Subdivision, Park Area, Block 3 to be used for the development of a park and R01-09-16-278-010 K-369924, East and South of Sunray Subdivision & West of Highway #22 to be used to solve drainage issues in the area. The motion carried. 97-334
Commissioner Bennett moved and Commissioner Tacheny seconded the motion to approve Gambling Premises Permit Renewal Applications to Recreation Crystal and Loon Lakes Lake Crystal to be held at Cambria Bar & Grill, Cambria Township and at LB's Restaurant, Garden City Township. The motion carried. 97-335

7. BUDGETS 1998-99
Mr. David Twa, County Administrator, and Mr. Jerry Books, Finance Director, presented items for the 1998-99 Budget for the Boards consideration.
Commissioner Landkamer moved and Commissioner More seconded the motion to adjourn the Board meeting at 4:37 p.m. The motion carried. 97-336