View Other Items in this Archive | View All Archives | Printable Version

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 Tacheny moved and Commissioner Landkamer seconded the motion to approve the Agenda. The motion carried. 97-409

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

3. ADMINISTRATIVE SERVICES
Mr. David Twa, County Administrator, presented the following items for the Boards consideration.
Commissioner Landkamer moved and Commissioner More seconded the motion to approve the October 7, 1997 Board Minutes. The motion carried. 97-410
Commissioner More moved and Commissioner Bennett seconded the motion to approve the following Bills:

GRAND TOTAL $2,011,872.79

GRAND TOTAL $8,598,714.19

The motion carried. 97-411
Commissioner Bennett moved and Commissioner Tacheny seconded the motion to approve the following Personnel items:

Employment of Diane Anderson, as a Personnel Clerk (.5 FTE) (All) with a starting salary of $7.49 effective October 29, 1997. (Personnel)

Lateral Transfer of Linda Bruss, from Social Worker (Homeless Outreach Worker) to Social Worker (Mental Health Case Manager) with no change in salary effective October 22, 1997. (Human Services)

The Board discussed the Library Joint Powers draft agreement. After some minor changes the agreement will be brought back to the Board for approval.

4. PLANNING AND ZONING
Mr. Veryl Morrell, Land Use and Natural Resources Administrator and Mr. Bill Goebel, Land Use Specialist, presented the following Planning and Zoning items for the Boards consideration.
Commissioner Bennett moved and Commissioner Tacheny seconded the motion to approve the following Conditional Use Permit:

The South 822 feet of the East 532 feet of the Southwest Quarter of the Northwest Quarter of Section 13, T. 106 N. - R. 28 W.

WHEREAS, the Planning Commission of the County on the 1st day of October, 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 four total confinement swine barns in an Agriculture Zoning District, is granted with the following conditions:

1.That the total confinement nursery barns, conform with the site plan attached to this report PC 60-97.

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 the applicant must obtain a Blue Earth County Feedlot Permit and Certificate of Compliance 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 Department of Natural Resources, "Water Appropriations Permit" before any animals are placed in the proposed barns.

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

7. That application of manure be on the land documented in the aerial photos included in the State of Minnesota Application for Construction and Operation of an animal feedlot. The application of manure shall comply with standards set forth in Attachment A-1, Manure Management Summary and Attachment A-4, Manure Application Setbacks, as contained in staff report PC 60-97.

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

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

10.That adequate measures be taken to minimize or control offensive odor, fumes, dust, noise, 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. 97-413

Tract 1:That part of the Southeast Quarter (SE ) of Section Twenty-two (22), Township One Hundred Seven (107) North, Range Twenty-eight (28) West, Blue Earth County, Minnesota, described as: Beginning at a point on the East-West centerline of Section Twenty-two (22), a distant 1061.40 feet East of a found iron pipe monument designating the center of said Section Twenty-two (22); (the North-South centerline of Section Twenty-two (22) to have an assumed bearing of North 00 degrees 00 minutes 00 seconds East) thence South 00 degrees 00 minutes 00 seconds West and parallel with the North-South centerline of said Section Twenty-two (22) a distance of 1123.67 feet; thence South 61 degrees 23 minutes 35 seconds East, 600 feet to the point of intersection with the westerly extension of the centerline of the township road; thence North 84 degrees 39 minutes 34 seconds East, along said extension and along the centerline of the township road, 955.25 feet; thence North 88 degrees 45 minutes 21 seconds East, along said township road centerline, 109.32 feet to a point on the East line of the Southeast Quarter (SE ) of Section Twenty-two (22); thence northerly along the East line of the Southeast Quarter (SE ) of Section Twenty-two (22) a distance of 1309 feet to the East Quarter corner of Section Twenty-two (22); thence westerly along the East-West centerline of Section Twenty-two (22) a distance of 1602 feet to the point of beginning; and

Tract 2:The Southeast Quarter (SE ) of the Northeast Quarter (NE ) of Section Twenty-two (22), Township One Hundred Seven (107) North, Range Twenty-eight (28) West, Blue Earth County, Minnesota.

has applied for a Conditional Use Permit to construct two total confinement swine barns in an C, Conservation Zoning District; and

WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC 61-97 ), a copy of said report has been presented to the County Board; and

WHEREAS, the Planning Commission of the County on the 1st day of October, 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 Conservation Zoning District, is granted with the following conditions:

1.That the total confinement barns, conform with the site plan attached to this report PC 61-97.

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 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 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 Department of Natural Resources, "Water Appropriations Permit" before any animals are placed in the proposed barns.

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

7. That application of manure be on the land documented in the aerial photos included in the State of Minnesota Application for Construction and Operation of an animal feedlot. The application of manure shall comply with standards set forth in Attachment A-1, Manure Management Summary and Attachment A-4, Manure Application Setbacks, as contained in staff report PC 61-97.

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

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

10.That adequate measures be taken to minimize or control offensive odor, fumes, dust, noise, 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. 97-414

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

The West Half of the Southeast Quarter Section 13, Danville Township, T. 105 N.- R. 25 W.,

WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC 62-97 ), a copy of said report has been presented to the County Board; and

WHEREAS, the Planning Commission of the County on the 1st day of October, 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 three total confinement swine hoop barns in an Agriculture Zoning District, is granted with the following conditions:

1.That the total confinement hoop barns, conform with the site plan attached to this report PC 62-97.

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 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 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 Department of Natural Resources, "Water Appropriations Permit" before any animals are placed in the proposed barns.

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 62-97.

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

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

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

The motion carried. 97-415

5. JUVENILE DIVERSION GRANT
Ms. Kelly Peterson, Corrections Counselor and Mr. Jerry Haley, Community Corrections Chief, presented the following item for the Boards consideration.
Commissioner Landkamer moved and Commissioner More seconded the motion to approve the following:
YOUTH INTERVENTION PROGRAM
RESOLUTION OF SPONSORSHIP

BE IT RESOLVED, that Blue Earth County act as sponsoring agency or unit of government and grantee for the project titled Blue Earth County Youth Diversion Program, to be conducted by Blue Earth County Community Corrections during the period from January 1, 1998 through December 31, 1998.

The County Board Chairperson is hereby authorized to apply to the Workforce Preparation Branch, Department of Economic Security for funding of the project and execute such agreements as are necessary to implement the project on behalf of Blue Earth County.

3. ADMINISTRATIVE SERVICES

Mr. David Twa, County Administrator, continued presenting Administrative Service items.
Commissioner Tacheny moved and Commissioner More seconded the motion to approve an Antenna Site Access Agreement on the Blue Earth County Tower with Chadmoore Communications, Inc., Las Vegas, NV, for their Uniden System and Motorola System. The motion carried. 97-418
Commissioner Bennett moved and Commissioner Tacheny seconded the motion to approve an Application for Repurchase Forfeited Lands described as follows: R11-22-23-128-001 K-101632 West 9 feet of Lot 16 and all of Lot 17, Block 3, Randalls Addition to Mr. Barry Pahl. The motion carried. 97-419
Commissioner Landkamer moved and Commissioner More seconded the motion to approve Tax Abatements to Mr. Calvin Johnson, 427 South Broad Street, R01-09-18-176-020 K-83260, Mankato, MN for taxes payable in 1997 and to Ms. Sharon Schaller, Route 1, Box 222, R50-08-26-100-001 K-215715, South Bend Township, for taxes payable in 1996. The motion carried. 97-420
Commissioner Tacheny moved and Commissioner Landkamer 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 the following parcels of land: R01-09-08-308-007 K-69829 Lots 2 and 3 south of street, except Marso Heights Addition, Roelofsons Subdivision to be used as part of the Adams Street right-of-way public open space concept and R01-09-06-352-001 K-55610 Lots 1 to 6, Block 52, Mankato City to be used as an expansion of the bike trail on the North Minnesota River Trail. The motion carried. 97-421
Commissioner More moved and Commissioner Bennett seconded the motion to approve an Application for County On-Sale Intoxicating Liquor License to Mark Froehlich and Dean Siem d/b/a Windmill Bar, Highway 22 North, Mapleton, MN. The motion carried. 97-422
Commissioner Bennett moved and Commissioner More seconded the motion to approve a Snowmobile Safety Enforcement Grant Agreement with the State of Minnesota's Department of Natural Resources (DNR) to be performed by the Blue Earth County Sheriff's Department. The motion carried. 97-423

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

Approval of the South Central Children's Project Joint Powers Agreement. This document has been rewritten and reviewed by the Children's Cabinet and the Joint Powers Board.

Agreement with Christian Concern Inc. To provide family based services through the end of 1997.

Contract with Kensington Cottages Corporation of America to provide services under the Medicaid waivered service program from November 1, 1997 through December 31, 1998.

The meeting recessed at 11:30 a.m.

7. COUNTY DITCH #36 - FINAL HEARING

Pursuant to publication, a Public Final Hearing was held on the petition from Mr. Theodore Goettl and Darrell Hylen and others for the Improvement of County Ditch #36. The Blue Earth County Board of Commissioners, acting as the Drainage Authority pursuant to M.S. 103E.005, Subd. 9, held the Final Hearing, Pursuant to M.S. 103E.261 at the Blue Earth County Courthouse on October 21, 1997. The public hearing was opened for public comments by Chairperson Barnes at 1:30 p.m.
Officials present included County Administrator/Acting Land Records Director David Twa, County Attorney Ross Arneson, Ditch Manager Jerry Kallheim, and Engineer Chad Surprenant. A listing of others present is included as part of the record. The proceedings were tape-recorded.
Mr. Kurt Deter, Attorney for the Petitioners, made comments on the project.
Mr. Jerry Kallheim, Ditch Manager, verified that all Jurisdictional Documents and Notices are in order.
Mr. Chad Surprenant, Engineer, from I & S Engineering, made a presentation and provided a written report.
The Ditch Viewers report was presented by Mr. Obert Haldorson, Freeborn County. A copy of the report has been filed.
The DNR Commissioner's Advisory Report was read into the record by Mr. Jerry Kallheim, Ditch Manager.
Mr. Kurt Deter, Petitioners Attorney, read into record a letter from Mr. Terrance Kelly, District Conservationist for the USDA/NRCS Office regarding an AD-1026 form that needs to be filed if participating in USDA programs.
All parties present were given an opportunity to express their concerns and opinions. Public comments were heard from: Mr. Arvid Wendland, Attorney representing Ms. Frances Karels; Mr. Tom Schuster; Mr. Herb Davis; Mr. Brad Leiding; Mr. Pete Jones; Mr. Marvin Leiding; Mr. Dennis Workmeister, Northern Natural Gas Company; Mr. Rod Nelson, Northern Natural Gas Company, Ms. Anna Schuster, Mr. LeRoy Olson, Ms. Linda Leiding, Mr. Kent Williams; and Mr. Eldon Jones.
After discussion, Commissioner Bennett moved to approve the petition as presented, Commissioner More seconded the motion. After further discussion Commissioner Bennett withdrew his motion and Commissioner More withdrew his second.
Commissioner Bennett then moved and Commissioner Tacheny seconded the motion to continue the hearing on County Ditch #36 to November 25, 1997 at 1:30 p.m. in the Courthouse, Boardroom. The reason for the continuation is to have the Ditch Viewers review the Frances Karels property; have the Engineer work with Northern Natural Gas in regards to the gas line; provide more information on an open ditch versus a 48 inch tile; and also review the DNR report. The motion carried. Chairperson Barnes ended the Public Hearing at 4:00 p.m. 97-425

8. ENVIRONMENTAL SERVICES WORKSHOP
Mr. Scott Fichtner, Environmental Services Director and Mr. Herb Wenkel, Senior Environmental Specialist, updated the Board on the new Individual Sewage Treatment Ordinance the County is required to enact.
Commissioner Tacheny moved and Commissioner Landkamer seconded the motion to appoint Ms. Rebecca Rossow, Mankato, as recommend by the City of Mankato, to the Environmental Services Advisory Committee. The motion carried. 97-426

9. PUBLIC WORKS
Pursuant to publication, bids were received, opened and reviewed for the following parcel of land. Commissioner Landkamer moved and Commissioner Tacheny seconded the motion to award the bid on the approximately 0.61 acres of unused right-of way described as the North 40.00 feet of the South 190.00 feet of the West One-Half of the Southwest Quarter of the Southwest Quarter of Section 33, Township 108 North, Range 26 West, excepting Parcel B of Blue Earth County right-of-way Plat No. 11.
to the only bidder Pioneer Hi-Bred International, Inc. Mankato, MN in the amount of $2,400.00. The motion carried. 97-427
Commissioner Bennett moved and Commissioner More seconded the motion to approve the following:
RESOLUTION

BE IT RESOLVED, that the County of Blue Earth enter into an agreement with the Dakota, Minnesota & Eastern Railroad Corporation and the Commissioner of Transportation for the installation and maintenance of railroad crossing signals at the intersection of Agency Street North (CSAH 27) with the tracks of the Dakota, Minnesota & Eastern Railroad Corporation in Eagle Lake, Minnesota, and appointing the Commissioner of Transportation agent for the County to supervise said project and administer available Federal Funds in accordance with Minnesota Statute, Section 161.36. The County's share of the cost shall be 20 percent of the total signal cost.

BE IT FURTHER RESOLVED, that the Chairperson and Clerk of the Board be and they are hereby authorized to execute said agreement for and on behalf of the County.

Commissioner Bennett moved and Commissioner Tacheny seconded the motion to approve the following:
RESOLUTION

BE IT RESOLVED that the County of Blue Earth enter into an Agreement for a coordinate based rural address system, Agreement Number 76935 with the State of Minnesota, Department of Transportation.

BE IT FURTHER RESOLVED that the County Engineer is hereby authorized to execute such Agreement.

Commissioner Landkamer moved and Commissioner Bennett seconded the motion to adjourn the Board Meeting at 5:50 p.m. and proceed with the tour of the Indian Lake Project. The motion carried. 97-430