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

  
October 8, 1996





The County Board of Commissioners met in the Commissioners' 

Room at 9:00 a.m. Present were Chairperson Colleen Landkamer, 

Commissioner Leon Tacheny, Commissioner Lin Barnes, Commissioner 

Al Bennett, Commissioner Alvis More, County Attorney Ross Arneson 

and County Administrator David Twa.



Commissioner More moved and Commissioner Barnes seconded 

the motion to approve the amended Agenda to include an amended 

Personnel agenda, Ponderosa purchase items, MCIT appointment and 

County Ditch #77. The motion carried. 96-330 



The Commissioners reported on committees that they have 

attended since the last Board Meeting.



Mr. David Schotzko, SWCD District Manager, presented the 

following items for the Boards consideration. 



Commissioner Barnes moved and Commissioner Bennett seconded 

the motion to send a letter signed by the Chairperson, supporting 

the efforts of the Blue Earth River Basin Initiative (BERBI) to 

seek funds to clean up polluting dumps within Blue Earth County. 

The motion carried. 96-331



Commissioner Bennett moved and Commissioner More seconded 

the motion to approve the following:



RESOLUTION

AUTHORIZING APPLICATION FOR A MPCA CHALLENGE GRANT 

TO CORRECT EXISTING FEEDLOT POLLUTION PROBLEMS IN THE COUNTY 



WHEREAS, Minnesota Pollution Control Agency has made 

available challenge grant dollars to further the 

development of county agricultural pollution reducing 

programs and activities;



WHEREAS, Blue Earth County wishes to apply on behalf of 

the Blue Earth County Soil and Water Conservation 

District (SWCD) for up to $40,000 in state grant funds 

and the Blue Earth County SWCD agrees to provide 

matching funds or in-kind goods and services, up to the 

amount of the grant.



NOW THEREFORE BE IT RESOLVED, that upon receipt of the 

$40,000 state grant funds Blue Earth County Board of 

Commissioners authorizes the appropriation of $40,000 

to the Blue Earth County SWCD and the SWCD will provide 

cash or in-kind goods and services as match to state 

funds. In addition, the SWCD chair is authorized to 

sign the grant agreement and all other related 

documents on behalf of the County.



The motion carried. 96-332



Mr. Jerry Haley, Community Corrections Chief, updated the 

Board on Community Correction programs and Ms. Kelly Peterson, 

Youth Diversion Counselor, presented the following item for the 

Boards consideration.



Commissioner Barnes 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, 1997 

through December 31, 1997.



The County Board Chairperson is hereby authorized to 

apply to the Community Based Services Division, 

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. 



The motion carried. 96-333



Mr. Richard Bradshaw, Engineer, was present to discuss with 

the Board the repair on County Ditch #77 system. 



Commissioner Tacheny moved and Commissioner More seconded 

the motion to approve the September 24, 1996 Board Minutes. The 

motion carried. 96-334



Commissioner Bennett moved and Commissioner Barnes seconded 

the motion to approve the October 2, 1996 Special Board Meeting 

Minutes. The motion carried. 96-335



Commissioner Barnes moved and Commissioner More seconded 

the motion to approve the amended Bills: 



Bills for Week of September 30 - October 4, 1996 



Grand Total $1,556,222.47



Bills for Week of October 7-11, 1996



Grand Total $5,800,025.69



The motion carried. 96-336



Commissioner Bennett moved and Commissioner More seconded 

the motion to approve the following Personnel items: 



Employment of Betti Walter, as a Social Worker 

(Vulnerable Adult) (C42), with a starting salary of 

$14.06 per hour effective October 9, 1996. (Human 

Services)



Authorization to initiate recruitment for a .8 FTE 

Engineering Technician I (B23). (Highway) 



Resignation of Jeremiah Talamantes, Microcomputer 

Support Technician (B31), effective September 26, 1996. 

(Data Processing)



Authorization to initiate recruitment for a 

Microcomputer Support Technician (B31). (Data 

Processing)



Employment of Trudi Clements, as a Senior Account Clerk 

(B22), with a starting salary of $10.16 per hour 

effective October 23, 1996. (Human Services) 



The motion carried. 96-337



After review and adjustment lowering the price on the 

Butternut Valley Township parcel, Commissioner Barnes moved and 

Commissioner Bennett seconded the motion to approve the following 

Resolution:



RESOLUTION



BE IT RESOLVED, that all parcels of tax-forfeited land 

on the List of Tax-Forfeited Land be classified as 

nonconservation land; that the basic sale price of each 

parcel on List of Tax-Forfeited Land, which is on file 

with the Director of Land Records, be approved and 

authorization for a public sale of this land be 

granted, pursuant to M.S. 282.01; that the sale will be 

held at 9:00 a.m., Thursday, November 7, 1996 by the 

Blue Earth County Director of Land Records at the Blue 

Earth County Commissioner Board Room, Blue Earth County 

Courthouse, for not less than the basic sale price; and 

that all sales be full payment.



The motion carried. 96-338



Commissioner Bennett moved and Commissioner Barnes seconded 

the motion to approve the following:



RESOLUTION REQUESTING ASSISTANCE FROM THE 

ASSOCIATION OF MINNESOTA COUNTIES

TO AMEND MINNESOTA STATUTES, CHAPTER 515B, 

COMMONLY KNOWN AS THE CONDOMINIUM LAW



WHEREAS, Minnesota Statutes, Chapter 559, Sections 394.21 to 

394.37, the County Enabling Legislation, provides that Counties 

may adopt Official Land Use Controls including Comprehensive 

Plans, Zoning Maps, and Zoning Ordinances, and 



WHEREAS, Blue Earth County has adopted and implemented a 

Comprehensive Land Use Plan, Zoning Map, Zoning Ordinance, and 

Shoreland Ordinance, and



WHEREAS, Blue Earth County has also adopted and implemented a 

Septic System Ordinance pursuant to Minnesota Rules 7080, On-site 

Individual Sewage Treatment Systems, and a Water Well Ordinance 

pursuant to Minnesota Rules 4725, Water Well Code, and 



WHEREAS, the intent of these Ordinances is to protect the Health, 

Safety and Welfare of the Public by establishing the minimum 

acceptable lot areas, dimensions, and setbacks from lakes, 

neighboring properties, septic systems and water wells, and 



WHEREAS, Minnesota Statutes, Chapter 515B, commonly known as the 

condominium law, allows the creation and recordation of Common 

Interest Community subdivisions made up of substandard sized non- 

conforming parcels and structures without the review or approval 

of Counties; and



WHEREAS, the lots created do not have adequate area to provide 

the necessary setbacks or to provide for adequate sewage 

treatment and potable drinking water in compliance with Minnesota 

Statutes and Blue Earth County Ordinances, and 



WHEREAS, City(s), County(s), and/or Township(s) must expend large 

amounts of money to correct pollution problems and health hazards 

not of their making.



NOW THEREFORE BE IT RESOLVED, that the Blue Earth County Board of 

Commissioners request the assistance of the Association of 

Minnesota Counties in amending Minnesota Statutes, Chapter 515B, 

to require review and approval by County Boards to ensure 

compliance with County Zoning Ordinances and Health Codes. 



This resolution shall become effective immediately upon it's 

passage and without publication.



The motion carried. 96-339



Commissioner Barnes moved and Commissioner Tacheny seconded 

the motion to approve the Ponderosa Purchase Agreement. The 

motion carried. 96-340



Commissioner Tacheny moved and Commissioner More seconded 

the motion to approve an Operating Agreement at the Ponderosa 

with the current operators for three months, starting October 1, 

1996 and running through December 31, 1996. The motion carried. 

96-341



A special meeting of the Board of Directors of Ponderosa of 

Blue Earth County, Inc., was held on the 8th day of October, 

1996, pursuant to the following waiver and consent, which was 

duly signed by all directors.



Commissioner Tacheny moved and Commissioner Barnes seconded 

the motion to appoint Mr. Dave Twa President and Mr. Jerry Books 

Secretary/Treasurer of the Ponderosa of Blue Earth County, Inc. 

for a period of six months. The motion carried. 96-342 



There being no further business to come before the Board, 

the meeting was adjourned.



Commissioner Tacheny moved and Commissioner More seconded 

the motion to appoint Mr. Jerry Books, Finance Director, to serve 

as the voting delegate and Commissioner Barnes as the alternate 

for the 1996 Minnesota Counties Insurance Trust (MCIT) Annual 

Meeting. The motion carried. Commissioner Barnes opposed. 96- 

343



Commissioner Tacheny moved and Commissioner Bennett seconded 

the motion to approve the sale of Parcel #R01-09-07-126-006, City 

of Mankato, on the Delinquent Tax Sale, with the option of a 50 

foot easement to the Department of Natural Resources (DNR) and a 

trail easement to the City of Mankato. The motion carried. 

96-344



Mr. Al Forsberg, Public Works Director, presented the 

following items for the Boards consideration. 



Commissioner Tacheny moved and Commissioner Bennett seconded 

the motion to approve a Cooperative Agreement with the City of 

Mankato for improvement of County Road 190 (Stadium Road) from 

Pohl Road to Monks Avenue in the City of Mankato. The motion 

carried. 96-345



Commissioner Barnes moved and Commissioner More seconded the 

motion to authorize the Public Works Director and County Attorney 

to proceed with condemnation on the CSAH #3 Project. The motion 

carried. 96-346



Pursuant to publication, bids were received, opened and 

reviewed for the following public works project, with the 

following results:



PROJECT: Gravel Crushing and Stockpiling 



BIDDERS:	AMOUNT OF BID:

Crushing Unlimited, Inc., Albert Lea, MN	$88,000.00

Fairway Construction, Hector, MN	$99,680.00

HR Loveall Construction, Winnebago, MN	$78,400.00

Southern MN Construction, Mankato, MN	$92,000.00

Tow Bros. Construction, Truman, MN	$74,800.00



Commissioner Barnes moved and Commissioner Bennett seconded the 

motion to accept the low bid of $74,800.00 from Tow Bros. 

Construction, Truman, MN. The motion carried. 96-347 



Commissioner Bennett moved and Commissioner More seconded 

the motion to authorize the Public Works Department to advertise 

for bids on two dump trucks and a Motor Grader with delivery and 

payment to be made in 1997. The motion carried. 96-348 



The meeting recessed at 12:10 p.m.



The meeting reconvened at 1:30 p.m.



Mr. Russ Rosa and Mr. Donald Erickson, Rosa Architectural 

Group, presented to the Board and County Department Heads the 

County Facilities Space Needs Study. After much discussion from 

the Board and Department Heads, the Board decided to take the 

Study under advisement.



Commissioner Bennett moved and Commissioner Barnes seconded 

the motion to adjourn the meeting at 3:00 p.m. The motion 

carried. 96-349