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

September 7, 1999

COUNTY DITCH #36 ? CONSTRUCTION HEARING

Officials present included County Administrator David Twa, County Attorney Ross Arneson, Land Records Director Sandra King, Ditch Manager Craig Austinson, and Engineer Chad Surprenant. A listing of others present is included as part of the record. The proceedings were tape-recorded.

Mrs. Sandra King, Land Records Director, verified that all Jurisdictional Documents and Notices are in order.

Mr. Chad Surprenant, Engineer, made a presentation and provided a written report on the results of the performance of the 48" Pipe.

All parties present were given an opportunity to express their concerns and opinions. Public comments were heard from: Mr. Chris Cerns, A.D.S.; Mr. Tom Brunz, Contractor; Mr. Dan Currene, Regional Engineer with A.D.S; Mr. Dennis Mikkelson; Ms. Katy Wortel, Mankato Township; Mr. Greg Mikkelson; Mr. Eldon Jones; Mr. Tom Schuster, and Mr. Darrell Hylen.

After Board discussion, Commissioner McLaughlin moved and Commissioner More seconded the motion to continue the hearing to September 21, 1999 at 4:30 p.m. The motion carried. Chairperson Bennett closed the public hearing at 1:00 p.m.

The motion carried. 99-319

The meeting recessed at 1:05 p.m.

The meeting reconvened at 2:20 p.m.

2. BUDGET 2000 ? 2001 PLANNING WORKSHOP

2000 PROPOSED BUDGET

WHEREAS, the County Administrator has prepared such documents and the County Board has met in regular sessions for the purpose of adopting an adequate proposed budget for maintenance of the administrative agencies of county government for fiscal year 2000, and

WHEREAS, the County Board has come to the conclusion that the budget so prepared is adequate and according to form prescribed by Minnesota Statutes;

NOW, THEREFORE BE IT RESOLVED, that the preliminary revenue budget of $45,741,999 and the preliminary expenditure budget of $47,260,516 be adopted and certified to the County Finance Director:

The motion carried. 99-320

Commissioner Barnes moved and Commissioner McLaughlin seconded the motion to approve the 2000 Proposed Levy:

2000 PROPOSED LEVY

WHEREAS, the County Administrator has prepared and the County Board has adopted the proposed year 2000 County budget including the property tax levy;

NOW THEREFORE BE IT RESOLVED, that the following year 2000 proposed property tax levy of $15,450,969 be certified to the Blue Earth County Finance Director.

The motion carried. 99-321

Commissioner Barnes moved and Commissioner Landkamer seconded the motion to renew a five-year contract, including the increases by the change in the consumer price index each year, with Carol Meyer to provide food services to the Jail.

The motion carried. 99-322

The meeting recessed at 4:30 p.m.

The meeting reconvened at 6:00 p.m.

3. AGENDA REVIEW

The motion carried. 99-323

4. COMMISSIONERS? REPORTS ON COMMITTEES

5. LEGISLATIVE UPDATE

6. ADMINISTRATIVE SERVICES

The motion carried. 99-324

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

The motion carried. 99-325

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

Promotion of Richard Murry, from Patrol Officer (C42) to Captain (C51) with a salary adjustment from $19.29 to $22.11 per hour effective September 8, 1999. (Sheriff)

Authorization to initiate recruitment for a Patrol Officer (C42). (Sheriff)

Employment of Tim Mohr, Patrol Officer (C42), with a starting salary of $16.62 per hour effective September 20, 1999. (Sheriff)

Employment of Jessica Asleson, Clerk II (A13), with a starting salary of $9.37 per hour effective September 8, 1999. (Human Services)

Authorization to initiate recruitment for two 911 Dispatchers (B23). (Sheriff)

The motion carried. 99-326

Commissioner Barnes moved and Commissioner More seconded the motion to approve the Minnesota Food Stamp Nutrition Education Plan Contract with the University of Minnesota, for the period of October 1, 1999 through September 30, 2000.

The motion carried. 99- 327

Commissioner Landkamer moved and Commissioner McLaughlin seconded the motion to appoint Commissioners More and Bennett as the Joint Ditch #10 representatives along with Brown County representatives Commissioners Andrew Lochner, Richard Seeboth and James Berg.

The motion carried. 99-328

Commissioner Barnes moved and Commissioner More seconded the motion to approve Gambling Premises Permit Renewal Applications to Recreation Crystal and Loon Lakes Lake Crystal to be held at LBs Restaurant, Garden City Township and at Preri Bach Saloon, Cambria Township.

The motion carried. 99-329

Commissioner Landkamer moved and Commissioner Barnes seconded the motion to approve resolutions establishing a County Library System and appointing an Interim Library Manager:

BLUE EARTH COUNTY BOARD OF COMMISSIONERS RESOLUTION ESTABLISHING COUNTY LIBRARY SYSTEM UNDER M.S. 134.07

WHEREAS, Blue Earth County intends to operate a County wide Library System pursuant to Minnesota Statutes 134.07; and

WHEREAS, it is the intention of Blue Earth County to provide well managed and quality library services for the residents of Blue Earth County; and

WHEREAS, it is necessary to insure the continuation of library services to the residents of Blue Earth County into the 21st century;

NOW THEREFORE, IT IS HEREBY RESOLVED, that the Blue Earth County Board of Commissioners hereby establishes County wide Library Services under Minnesota Statutes 134.07 as follows:

The County Board hereby establishes a five-person library board to be appointed by the County Board of Commissioners from among the residents of the county.

The Library Board will have one county commissioner appointed for a three year term, two residents of the county appointed for two year terms each, and two residents of the county appointed for one year terms each.

All appointments will be effective January 01, 2000.

Thereafter all terms will be for three year terms, commencing on January 01 of the year the term begins, with members only allowed to serve three consecutive three-year terms.

The County Board will appoint an interim Library Manager with authority to organize and manage the library system until a full time library manager is appointed by the library board.

The County Board will levy an annual tax upon all taxable property of the county for the support of the library and will place such money in a library fund.

The library board will have exclusive control of the expenditure of all money collected for or placed to the credit of the library fund.

The County Board will appoint a citizens? committee to advise on consumer issues such as programming and library services for the 21st century.

BLUE EARTH COUNTY BOARD OF COMMISSIONERS RESOLUTION APPOINTING INTERIM LIBRARY MANAGER

WHEREAS, Blue Earth County intends to operate a County wide Library System pursuant to Minnesota Statutes 134.07; and

WHEREAS, it is the intention of Blue Earth County to provide well managed and quality library services for the residents of Blue Earth County; and

WHEREAS, The County Board has established a five-person library board to be appointed by the County Board of Commissioners from among the residents of the county, but such appointments will not become effective until January 01, 2000, and;

WHEREAS, the five-person library board will not have authority to appoint a permanent Library Manager until after January 01, 2000, and;

WHEREAS, it is necessary to insure the continuation of library services to the residents of Blue Earth County into the 21st century, and;

WHEREAS, it is necessary for the County Board to appoint an interim Library Manager with authority to organize and manage the county-wide library system until a full time library manager is appointed by the library board.

NOW THEREFORE, IT IS HEREBY RESOLVED, that the Blue Earth County Board of Commissioners hereby appoints William A. Bassett as interim Library Manager of the County wide Library System with authority to organize and manage the county wide library system until a full time library manager is appointed by the library board.

The motion carried. 99-330

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

BLUE EARTH COUNTY BOARD RESOLUTION REQUESTING APPROVAL OF APPLICATION FOR CONVEYANCE OF TAX-FORFEITED LAND

WHEREAS, in accordance with Minn. Stat. 282.01, subd. 1a-1e, tax forfeited lands may be conveyed to a governmental subdivision of the state for an authorized public use; and

WHEREAS, the City of Mankato has applied for conveyance of the following parcels for right-of-way use:

; and

WHEREAS, the Land Records Director recommends this conveyance based on the application and statement of facts submitted by the governmental subdivision.

NOW, THEREFORE, BE IT RESOLVED, that the Blue Earth County Board of Commissioners hereby approves the application from the City of Mankato for the conveyance of the above-described parcels of tax-forfeited land.

The motion carried. 99-331

Mr. Jerry Haley, Corrections Chief, introduced Ms. Angie Shin and Ms. Nicole Engeswick, for the positions of student members on the advisory board.

Commissioner Barnes moved and Commissioner Landkamer seconded the motion to appoint Ms. Angie Shin, Mankato and Ms. Nicole Engeswick, Eagle Lake, to a two year term on the Community Corrections Advisory Board.

The motion carried. 99-332

Commissioner Landkamer moved and Commissioner More seconded the motion to approve the following Veterans Service Office Grant Application:

RESOLUTION

BE IT FURTHER RESOLVED that David Twa, County Administrator, has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate construction, operation, maintenance and replacement of the proposed project.

BE IT FURTHER RESOLVED that Blue Earth County has not violated any Federal, State, or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practices.

The motion carried. 99-333

Commissioner More moved and Commissioner McLaughlin seconded the motion to approve the following

AGRICULTRAL CRISIS

WHEREAS Agriculture in the United States is in a severe economic crisis with agricultural commodities experiencing depressed prices and reduced markets.

WHEREAS all farmers in Blue Earth County have been affected with continued low crop prices.

WHEREAS prices in 2000 for rented land are expected to be decreased by 1.27%. Estimated amount lost due to low prices is $13.5 million for corn and 2.7 million for soybeans.

WHEREAS Livestock losses in 1999 from the heat are expected to be quite high.

WHEREAS Blue Earth County anticipates a negative economic impact which extends well beyond the farming community and to other segments of the county.

NOW, THEREFORE, BE IT RESOLVED that the Blue Earth County Board of Commissioners, on behalf of the citizens of Blue Earth County, urge Congress and the State of Minnesota to work together with local officials to take immediate action to alleviate this severe economic crisis the agricultural sector is facing.

The motion carried. 99-334

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

RESOLUTION REQUESTING THE COUNTY ATTORNEY TO DRAFT AN ORDER FOR REMOVAL OR REPAIR OF AN EXISTING RESIDENCE AT 305 LYONS STREET, LOTS 7, 8, AND 9, BLOCK 31, SOUTH BEND TOWNSITE, SOUTH BEND TOWNSHIP, BLUE EARTH COUNTY, MINNESOTA

WHEREAS, the Blue Earth County Board of Commissioners has been granted authority to order the removal or repair of hazardous buildings by Minnesota Statutes, Chapter 463.15 - 463.251; and,

WHEREAS, on August 19, 1999, Blue Earth County Land Use Administrator Veryl Morrell, and Blue Earth County Environmental Health Specialist Tim Grant, responded to an existing rental property owned by the State of Minnesota % Dennis Turtle, at 305 Lyons Street, South Bend Townsite to follow-up on a tenant complaint relating to the hazardous condition of the residence; and,

WHEREAS, the above referenced County Inspectors were taken on a tour of the property by the tenants and shown the following health/ life-safety hazards connected with the building:

1. In the ceiling of the hallway entrance plaster has been removed displaying the tub drainage plumbing from the upstairs bathroom. Stained plaster on the ceiling showed a history of leakage. The trap and piping had been wrapped with a rubber inner tube and affixed with hose clamps in a failed attempt to stop the leaking.

2. A water line supplying a neighboring property owned by Turtle projected through the basement at chin level on the west side of the residence. Said water line crossed the walkway to the basement and rear yard at chin level and could seriously injure anyone using the walkway in the dark.

3. Plumbing in the basement carrying human waste to the septic system was ruptured and/or improperly glued together causing sewage to spew into the air and onto the basement floor when toilets are flushed upstairs. Contact with human sewage constitutes an imminent health risk. An evaluation of existing waste (sewer) piping exiting the building indicates that any existing Individual Sewage Treatment System would be non-complying due to the depth of the system in the ground.

4. Leaks in plumbing transporting potable drinking water to the upstairs apartments have been repaired by splicing in sections of ?automotive heater hose" secured with hose clamps.

5. Electrical wiring in the basement is hazardous. The main electrical control panels for the apartments are located in the basement. Tenants must navigate through the litter of solid waste on the basement floor to reset tripped circuit breakers conducting electricity of their apartments. There are no covers on the electrical control panels servicing the apartments in this residence, exposing anyone reaching into, or falling against, the panels to electrocution hazard. One circuit breaker was tripped and would not reset. There are no operating lights or windows in the basement. The basement is basically pitch-black. Two electric water heaters in the basement do not have inspection covers creating an electrocution hazard to anyone who might accidentally reach into, or fall against, exposed electrical heating elements and wiring after tripping over solid waste in the dark; and,

WHEREAS, the hot water boiler servicing the residence is not properly connected to the electrical supply for the building. Information furnished by the tenants indicated that the valve had failed last winter and the pressure gauge had been blown from the boiler. It was apparent that a new pressure gauge had been installed. The pressure and temperature release valve for the boiler displays a history of leaking and appears to be corroded in place creating an explosion hazard if it fails again. The basement floor was littered with various items of solid waste; and,

WHEREAS, on August 26, 1999, Veryl Morrell and James Vanderberg, Area Supervisor for the State Board of Electricity, returned to the residence, visited with the upstairs tenants, and received permission to return to the basement to investigate the electrical Code violations. Following the inspection a disconnect order was written to NSP by Mr. Vanderberg. The disconnect order mandates the disconnection of electricity within the basement and first floor of the building until such time as all of the electrical violations have been corrected; and,

WHEREAS, on September 1, 1999 Mr. Vanderberg sent a notice Dennis Turtle advising him of the disconnect order and instructions for resolution of the electrical problems; and,

WHEREAS, the second story deck on the rear of the building displays a large amount of rot / decay and has supports placed on rear steps wedged up under the deck; and,

WHEREAS, the second story apartment is the only apartment currently being occupied in this building; and,

WHEREAS, the home in it?s present state of disrepair / neglect constitutes a threat to the health, safety, and welfare of potential tenants.

NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of Commissioners, that the Blue Earth County Attorney is hereby directed to prepare an order for removal or repair of an existing residence at 305 Lyons Street, Lots 7, 8, and 9, Block 31, South Bend Townsite, South Bend Township, Blue Earth County, Minnesota.

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

The motion carried. 99-335

Commissioner Barnes moved and Commissioner More seconded the motion to appoint Commissioner Landkamer to the NACo Economic Development Task Force and the Greater Minnesota Editorial Board.

The motion carried. 99-336

DNR MINNEOPA PROPOSED BOUNDARY EXPANSION

Commissioner Landkamer moved and Commissioner McLaughlin seconded the motion to send a letter of support from the Board, for the proposed boundary expansion, to the Department of Natural Resources.

The motion carried. 99-337

8. PUBLIC WORKS

Commissioner Barnes moved and Commissioner Landkamer seconded the motion to accept the 1998 Annual Report of Blue Earth County Highway Department and the 1998 Annual Report of the Blue Earth County Park Department.

The motion carried. 99-338

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

RESOLUTION

To install a new traffic control signal with street lights and signing on Trunk Highway No. 22 at County State Aid Highway No. 3 (Ravine Road); and install conduit, handholes and loop detectors for the future traffic control signal on Trunk Highway No. 22 at County State Aid Highway No. 12 in accordance with the terms and conditions set forth and contained Agreement No. 77576R, a copy of which was before the Board.

BE IT FURTHER RESOLVED that the proper County officers be and hereby are authorized to execute such agreement, and thereby assume for and on behalf of the County all of the contractual obligations contained therein.

RESOLUTION

To install a new traffic control signal with street lights, advanced warning flashers and signing on Trunk Highway No. 22 at County State Aid Highway No. 12 in accordance with the terms and conditions set forth and contained Agreement No. 79345R, a copy of which was before the Board.

BE IT FURTHER RESOLVED that the proper County officers be and hereby are authorized to execute such agreement, and thereby assume for and on behalf of the County all of the contractual obligations contained therein.

The motion carried. 99-339

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

Inter Regional Corridor Study
Designation of TH 169 from Mankato to the Metro Area
As a High Priority Inter Regional Corridor

WHEREAS, the population and related economic, educational, cultural and recreational activity of southern and southwestern Minnesota including a northern tier of Iowa counties focuses on Mankato; and

WHEREAS, the Mankato focus of economic strength for this large shed is evidenced by the high volume of agricultural and manufactured products transported on TH 169 from Mankato to the Metro Area; and

WHEREAS, the Mankato focus of this activity is also shown by the rapid growth of the regional retail, commercial and manufacturing activity in the Mankato Area; and

WHEREAS, the Mankato focus of educational activity is evidenced by the strength of Minnesota State University, Bethany College and Gustavus Adolphus College in neighboring St. Peter; and

WHEREAS, the Mankato focus of cultural and recreational activity is demonstrated by regional audiences and participants attracted to the Midwest Wireless Civic Center, Division I hockey and Minnesota State University cultural events; and

WHEREAS, it is in the State?s interest to encourage the growth of strong, viable regional centers strategically placed around the State; and

WHEREAS, the continued growth of Mankato as a strong regional center requires a high priority inter regional connection to the Metro Area; now

Therefore be it resolved, Blue Earth County requests that TH 169 from Mankato to the Minneapolis / St. Paul Metropolitan Area be designated a high priority inter regional corridor, and

Also resolved, Blue Earth County requests that a detailed corridor plan from TH 169 to I-494 be developed to identify future improvements needed for a safe, efficient high speed corridor including access management, interchange locations, right of way needs and capacity requirements.

The motion carried. 99-340

Commissioner Landkamer moved and Commissioner More seconded the motion to adjourn at 7:50 p.m.

The motion carried. 99-341