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

December 14, 1999

REQUEST FOR A TIME-EXTENSION
FOR A CONDITIONAL USE PERMIT
TO STORE AND CRUSH RECYCLED CONCRETE AND BITUMINOUS MATERIALS IN AN EXISTING UN-PERMITTED GRAVEL MINE
IN THE NW 1/4, SE 1/4, SECTION 23, JUDSON TOWNSHIP

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

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

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

Have requested a 5-year time extension for a Conditional Use Permit to store and crush recycled concrete, rock, and bituminous materials in an existing un-permitted gravel pit.

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

WHEREAS, the Planning Commission of the County on the 3^rd Day of November, 1999, following proper notice, held a public hearing regarding the request and, following the hearing, voted unanimously to recommend approval of the request to the County Board; and,

WHEREAS, the Blue Earth County Board of Commissioners 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.

RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO OPERATE A REPAIRABLE AUTO SALES LOT AND USED PARTS FACILITY IN A HIGHWAY BUSINESS ZONED DISTRICT IN THE SW 1/4 OF THE NE 1/4, SECTION 19,
SOUTH BEND TOWNSHIP

WHEREAS, Arlie Schweim, dba Northern Light Truck and Auto, owner of the following real estate in the County of Blue Earth to wit:

Commencing at the Center of Section 19, Township 108 North, Range 27 West; thence North 0 degrees, 27 minutes East and along the North-South Quarter line of said Section a distance of 78.00 feet; thence due East, a distance of 230.00 feet to the place of beginning; thence continuing due East a distance of 200.00 feet; thence North 0 degrees 27 minutes East a distance of 450.00 feet; thence due West 200.00 feet; thence South 0 degrees 27 minutes West a distance of 450 feet to the place of beginning. Subject to any and all easements.
And
Commencing at the Center of Section 19, Township 108 North, Range 27 West; thence North 0 degrees, 27 minutes East and along the North-South Quarter line of said Section a distance of 78.00 feet; thence due East a distance of 430.00 feet to the place of beginning; thence continuing due East a distance of 200.00 feet; thence North 0 degrees, 27 minutes East a distance of 450 feet; thence due West a distance of 200.00 feet; thence South 0 degrees 27 minutes West; a distance of 450.00 feet to the place of beginning. Also the tract of land adjacent to and southerly from the above described tract which measures 33 feet from North to South and 200 feet from East to West and lies between the first described tract and the right of way of Highway #169.

has requested a Conditional Use Permit to permit operation of a repairable auto sales lot and used parts facility in an existing building in a highway business zoned 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 71-99), a copy of said report has been presented to the County Board; and,

WHEREAS, the Planning Commission of the County on the 1^st Day of December, 1999, following proper notice, held a public hearing regarding the request and, following the hearing, voted unanimously to recommend approval of the request to the County Board; and,

WHEREAS, the Blue Earth County Board of Commissioners, on the 14^th Day of December, 1999, following proper notice, held a public hearing regarding the request and, following the hearing, voted unanimously to grant the Conditional Use Permit; and,

WHEREAS, the Blue Earth County Board of Commissioners finds:

1. The proposed use conforms with the County Land Use Plan.

2. The proposed use will not degrade the water quality of the County.

3. The proposed use will not adversely increase the quantity of water runoff.

4. The soils are adequate to accommodate the proposed use.

5. The proposed use does not create a potential pollution hazard.

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

7. Adequate measures have been or will be taken to provide sufficient off-road parking space to serve the proposed use.

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

9. Establishment of the Conditional Use will not impede the normal and orderly development and improvement of surrounding vacant property for the predominate uses in the area.

NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of Commissioners, that the request to grant a Conditional Use Permit to permit operation of a repairable auto sales lot and used parts facility in an existing building in a highway business zoned district, is hereby approved contingent upon the following conditions.

1. Construction and septic system permits must be obtained before modification of the building and installation of the replacement septic system begins.

2. Applicant shall protect the wastewater treatment system from traffic.

3. An eight foot high opaque steel or wood fence shall be installed around the vehicle storage area. Fencing along the southern (front) boundary of the property, and the western and eastern boundaries, shall screen the vehicle storage area from view of the highway and neighboring properties. Said fence shall be in place within 60 days of approval of this permit.

4. No more than 10 vehicles shall be displayed for sale along the TH 169-60 Right-of-Way. All other vehicles shall be stored in the provided enclosure.

5. The applicant must comply with all applicable MPCA Rules pertaining to disposal and/or storage of hazardous and non-hazardous fluids and materials.

6. Hours of operation shall be from 8:00 a.m. to 9:00 p.m. Monday through Saturday.

7. No stripping of vehicles shall be allowed on the premises.

1. The facility shall not become a junkyard as defined by the Blue Earth County Land Use Ordinance.
   

RESOLUTION GRANTING A CONDITIONAL USE PERMIT
TO TRANSFER RESIDENTIAL DEVELOPMENT RIGHTS
FROM THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER
TO THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER
SECTION 13, RAPIDAN TOWNSHIP

WHEREAS, Ann Madsen and Lois Madsen, owners of the following real estate in the County of Blue Earth, Minnesota, to wit:

The East Half of the Southwest Quarter of Section 13, Rapidan Township Blue Earth County, Minnesota.

have applied for a Conditional Use Permit to Transfer the Residential Development Rights from the Northeast Quarter of the Southwest Quarter to the Southeast Quarter of the Southwest Quarter of Rapidan Township an Agricultural and Conservation Zoned 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 72-99 ), 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 December, 1999, following proper notice, held a public hearing regarding the request and, following the hearing, adopted a recommendation that the request for a Conditional Use Permit be granted; and

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

1. The proposed use conforms with the County Land Use Plan.

2. The proposed use will not degrade the water quality of the County.

3. That the proposed use will not adversely increase the quantity of water run-off.

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 the adequate utilities, access roads, drainage and other necessary facilities have been or will be provided.

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 predominant uses in the area.

9. That the density of residential development is not greater than the density of the surrounding neighborhood or the density allowed in an Agricultural District.

NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of Commissioners, that the request for a Conditional Use Permit to Transfer the Residential Development Rights from the Northeast Quarter of the Southwest Quarter to the Southeast Quarter of the Southwest Quarter, Section 13, Rapidan Township in an Agricultural and Conservation District, is granted with the following conditions:

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

1. That any dwellings in the Southeast Quarter of the Southwest Quarter of Section 13 must meet feedlot-dwelling setback requirements which exist on the date of construction.
   

1. That any driveway or driveways onto County Highway 35 or to change the use of the existing field access to a driveway must receive approval from the County Engineer.
   

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

The motion carried. 99-466

Commissioner Barnes moved and Commissioner Landkamer seconded the motion to approve the Preliminary and Final Plat for Registered Land Survey No. 145:

RESOLUTION
GRANTING PRELIMINARY AND FINAL PLAT APPROVAL
OF REGISTERED LAND SURVEY NO. 145
SECTION 20, JAMESTOWN TOWNSHIP

WHEREAS, Fairview Oaks LLC, owner of the following property included in Registered Land Survey No. 145:

That part of Government Lots 1 and 2, in Section 20 Township 109 North Range 25 West, Blue Earth County, Minnesota described as: Commencing at meander corner No. 68 on the north line of Section 20; thence South 90 degrees 00 minutes 00 seconds West (assumed bearing) along the westerly extension of the north line of Section 20 a distance of 294.08 feet; thence South 00 degrees 00 minutes 00 seconds East, 58.42 feet to the point of intersection of the east line of the West 7.50 acres of said Government Lot 1 with the southerly water’s edge of Lake Washington according to Certificate of Title No. 17,654; thence South 00 degrees 33 minutes 24 seconds West, along the east line of the West 7.50 acres of Government Lot 1 (as monumented) a distance of 303.0 feet to a found iron pipe monument designating the southeast corner of the property described on Certificate of Title No. 17,654, said point being the point of beginning; thence South 88 degrees 20 minutes 30 seconds West, a distance of 588.10 feet to a found iron pipe monument designating the southwest corner of the property described on Certificate of Title No. 17,653, said point being on the east line of Gurni Subdivision, according to the plate thereof on file and of record with the Blue Earth County Recorder; thence North 00 degrees 00 minutes 00 seconds East, along the east line of Gurni Subdivision, 285 feet more or less to the southerly water’s edge of Lake Washington; thence easterly along said southerly water’s edge, 590 feet more or less to the point of intersection with the east line of the West 7.50 acres of Government Lot 1 (as monumented) thence South 00 degrees 33 minutes 24 seconds West, 268 feet more or less to the point of beginning. Containing 3.7 acres.

has submitted a Preliminary and Final Plat for approval; and

WHEREAS, the Preliminary and Final Plat of Registered Land Survey No. 145 meets the requirements of the Blue Earth County Subdivision Ordinance; and

1. That the existing structures on Tract A and B meet the required setbacks from the new property line.
   

RESOLUTION GRANTING FINAL PLAT APPROVAL FOR RIDGEBROOK ESTATES SUBDIVISION (RECEIVED PRELIMINARY PLAT APPROVAL AS WITTROCK’S FARM SUBDIVISION), A SIX LOT RESIDENTIAL SUBDIVISION, LOCATED IN PARTS OF SECTIONS 6, 7, AND 8, DECORIA TOWNSHIP

WHEREAS, Gerald and Virginia Wittrock, and Joseph Trio, Representative for the Trio Family, the owners of the real estate included within the boundaries specified by the Final Plat of Ridgebrook Estates, have requested that the Final plat be approved; and,

WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC 74-99), a copy of said report has been presented to the County Board; and,

WHEREAS, the Planning Commission of the County on the 1^st Day of December, 1999, following proper notice, held a public hearing regarding the request and, following the hearing, voted unanimously to recommend approval of the request to the County Board; and,

WHEREAS, the Blue Earth County Board of Commissioners, on the 14^th Day of December, 1999, following proper notice, held a public hearing regarding the request and, following the hearing, voted unanimously to approve the Final Plat; and,

WHEREAS, the Blue Earth County Board of Commissioners finds:

1. The proposal does not conflict with the Land Use Plan.

2. The proposal meets minimum requirements of the Land Use Ordinance.

3. The proposal meets minimum requirements of the Subdivision Ordinance.

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

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

6. Jaguar Lane, the access road serving interior lots on the west side of the subdivision, has been constructed by the developer. The County Engineer has inspected the road and the access serving lots on the east side of the subdivision, and is satisfied that constructed improvements meet minimum requirements of the Blue Earth County Subdivision Ordinance. All subdivision and lot monuments have been set in place by Survey Services, surveyor for the developer.

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

8. The Blue Earth County Land Use Ordinance, Section 6, Agricultural District, 0100.0601, Purpose, Subp. 2, Agricultural Operations, states: “Through the adoption of this ordinance amendment the Blue Earth County Board of Commissioners is expressing it’s intent to enhance and encourage agricultural operations within the boundaries of Blue Earth County. The County will view the agricultural district as a zone in which land is used for commercial agricultural production.

Owners of property, residents, other users of property in the agricultural zone, and neighboring properties adjacent to the agricultural zone may be subjected to inconvenience or discomfort arising from normal and accepted agricultural practices and operations including, but not limited to; noise, odors, dust, operation of aircraft and late night operation of farm machinery, the storage and application of manure, fertilizers, soil amendments, herbicides, and pesticides associated with normal agricultural operations.

Owners of property, residents, other users of property in the agricultural zone, and neighboring properties adjacent to the agricultural zone, should be prepared to accept such inconveniences or discomfort from normal operations, and are hereby put on official notice, pursuant to Minnesota Statutes, Chapter 561.19, that this declaration may prevent them from obtaining a legal judgement against such normal operations.”

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

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

NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of Commissioners, that the Final Plat of Ridgebrook Estates is hereby approved contingent upon the following conditions:

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

2. Required traffic and/or street signs must be installed prior to recording of Final Plat, or financial assurances posted with the County in an amount sufficient to cover the cost of installation of said signs.

2000 Adopted Budget

WHEREAS, Minnesota Statutes 375A.06 provides that the County Administrator shall prepare and submit to the County Board a proposed annual budget and long-range capital expenditure program including detailed estimates of revenue and expenditures and enforce the provisions of the budget when adopted by the County Board, and

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:

Revenue Expenditure
General $14,210,648 $12,673,785
Road & Bridge $12,673,231 $12,970,507
Human Services $15,250,853 $15,352,700
Building/Capital Purchases $ 2,014,549 $ 3,268,227
Parks $ 547,698 $ 613,822
Economic Development $ 144,020 $ 126,820
Waste Management $ 76,000 $ 210,000
County Ditch $ 825,000 $ 2,044,655
Total $45,741,999 $47,260,516
The motion carried. 99-481
Commissioner Landkamer moved and Commissioner More seconded the motion to approve the 2000 Levy:

2000 Levy

WHEREAS, Minnesota Statutes 375.A.06 require that the proposed property tax levy for the coming year be adopted and certified to the County Finance Director by December 28^th, and

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 property tax levy of $15,450,969 be adopted and certified to the Blue Earth County Finance Director.

The motion carried. 99-482

Commissioner McLaughlin moved and Commissioner Landkamer seconded the motion to approve the Service and Management Contract for Blue Earth County Public Library Services. The motion carried. 99-483
Commissioner More moved and Commissioner McLaughlin seconded the motion to approve the following resolution:

JOINT RESOLUTION
BY AND BETWEEN
CITY OF MANKATO AND BLUE EARTH COUNTY
REGARDING THE DEVELOPMENT OF A
NATIONAL GUARD ARMORY
IN MANKATO, MINNESOTA

WHEREAS, the City of Mankato and Blue Earth County have jointly acquired a 20 acre parcel for the development of a National Guard Armory and other related community or intergovernmental uses; and

WHEREAS, it is imminent that the United States Congress, the Department of Defense, and the State of Minnesota will authorize funding for the construction of a new National Guard Armory building in Mankato, Minnesota; and

WHEREAS, the City of Mankato and Blue Earth County agree to cooperate on facility planning and funding for said Armory building; and

WHEREAS, in order to facilitate the timely and orderly development of said project, a local government commitment must be secured.

NOW, THEREFORE, BE IT RESOLVED: The City of Mankato and Blue Earth County jointly resolve:

1. That the City Manager is authorized to provide the National Guard Armory/State of
   

1. That the City of Mankato and Blue Earth County commits to funding the local cost share of approximately 12.5% to develop the National Guard Armory on said site, subject to final review and approval of project estimates.
   

1. That the schematic design of the National Guard Armory building include an enhanced drill floor/auditorium area of approximately 9,000 square feet, meeting rooms/classrooms, increased mechanical/heating system capacity, and a design configuration and master plan for the common areas and public facilities to support a future public safety training center, or other public facilities additions to the main National Guard Armory building.
   

1. That the “Intergovernmental Armory Committee” shall work directly with the National Guard Facility Management Office to develop schematic plans for the enhancements outlined in section 3 above, and recommend any final design and cost sharing plan to the Blue Earth County Board and Mankato City Council for approval.
   

Commissioner More moved and Commissioner Barnes seconded the motion to pay off the Bonds for County Ditch #28 and County Ditch #97. The motion carried. 99-485
Commissioner More moved and Commissioner Landkamer seconded the motion to adjourn the Board meeting at 1:00 p.m. The motion carried. 99-486