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

November 29, 1994

The County Board of Commissioners met in the Commissioners' Room at 9:00 a.m.
Present were Chairperson Keith Stoltzman, Commissioner Colleen Landkamer,
Commissioner Leon Tacheny, Commissioner Lin Barnes, Commissioner Alvis More,
County Attorney Ross Arneson and County Administrator David Twa. 

Commissioner Barnes moved and Commissioner More seconded the motion to approve
the amended agenda. The motion carried. 94-608 

Ms. Kristin Juliar, Region 9 Deputy Director, presented the National Association
of Development Organization's 1994 Innovation Award recognizing the Family
Service Collaborative - Blue Earth County/Region Nine Development Commission to
the Board.

Mr. Al Forsberg, Public Works Director, Mr. Ron Olson, Maintenance Supervisor
and Mr. Joe Styndl, Maintenance Superintendent presented the following Bids for
the Boards consideration.

Pursuant to publication, bids were received, opened and reviewed for the
following public works equipment, with the following results:

EQUIPMENT: One New 150 H.P. Minimum Diesel Powered Motor 
Grader With Articulated Steering and Snow Wing 

Bidders:	Amount of Bid:

Midwest Machinery, North Mankato, MN $61,600.00 Ziegler, Minneapolis,
MN	$62,581.00

Commissioner Barnes moved and Commissioner Landkamer seconded the motion to
award the bid to Midwest Machinery, North Mankato, MN in the amount of
$-22,400.00 The motion carried. 94-609 

Pursuant to publication, bids were received, opened and reviewed for the
following public works equipment, with the following results:

EQUIPMENT: Two (2) Tandem Axle Trucks with Dump Body and 
Sanding Equipment

Bidders:	Amount of Bid:

Mankato Ford, Mankato, MN	$110,148.00
Lakeland Ford, So. St. Paul, MN	$102,924.00
River Valley Truck Center, Mankato, MN $ 97,606.64 

Commissioner Tacheny moved and Commissioner More seconded the motion to accept
the low bid of $97,606.64 from River Valley Truck Center, Mankato, MN. The
motion carried. 94-610 

Pursuant to publication, bids were received, opened and reviewed for the
following public works equipment, with the following results:

EQUIPMENT: One (1) 1994 3/4 Ton 4WD Suburban Type Truck Bidders:	Amount of Bid:
Snell Motors, Mankato, MN	$22,240.00

Commissioner Landkamer moved and Commissioner Barnes seconded the motion to
accept bid from Snell Motors, Mankato, MN in the amount of $22,240.00. The
motion carried. 94-611 

Mr. Rick Hanna, Land Use & Natural Resources Administrator, and Ms. Julie
Conrad, Land Use & Natural Resources Planner presented the following Planning &
Zoning items. 

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

RESOLUTION VACATING CERTAIN UTILITY EASEMENTS 
CEDAR MEADOWS SUBDIVISION

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

Lots 3 and 4 of Block 2 and Lots 13 and 14 of Block 1, Cedar Meadows
Subdivision,

has requested that the public utility easement right of ways along the property
line adjoining Lots 3 and 4 of Block 2, and adjoining Lots 13 and 14 of Block 1,
be vacated, and 

WHEREAS, the Planning Agency of the County has completed a review of the
application and made a report pertaining to said request (CO 60-94), a copy of
said report has been presented to the County Board; and

WHEREAS, the Planning Commission of the County on the 2nd day of November,
following proper notice, held a public hearing regarding the request for a
utility easement vacations be granted; and

WHEREAS, the Blue Earth County Board of Commissioners on the 29th day of
November, following proper notice, held a public hearing regarding the request
and,

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

1. Vacation of these easements will not be 
detrimental to neighboring uses already
permitted in the area.

2. Vacation of the easements will increase the 
buildable area of Lots 3 and 4 of Block 2 and Lots 13 and 14 of Block One.

3. The property owners have contacted and 
obtained signatures, telephone and electrical utilities verifying there are no
utilities present in the existing easement right of ways.

4. There are adequate utility easements on each 
lot to provide for utility right-of-way in the future.

NOW, THEREFORE BE IT RESOLVED, by the Blue Earth County Board of Commissioners,
that the request to vacate public utility easement right of ways along the
property line adjoining Lots 3 and 4 of Block 2, and adjoining Lots 13 and 14 of
Block 1 is granted.

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

The motion carried. 94-612

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

RESOLUTION VACATING CERTAIN UTILITY EASEMENTS 
CEDAR MEADOWS SUBDIVISION

WHEREAS, Keith and Sandra Dorn, owners of the following real estate in the
County of Blue Earth, Minnesota, to wit: 

Lots 1 and 2 of Block 4, Cedar Meadows Subdivision, 

has requested that the public utility easement right of way along the property
line adjoining Lots 1 and 2 of Block 4, be vacated, and

WHEREAS, the Planning Agency of the County has completed a review of the
application and made a report pertaining to said request (CO 61-94), a copy of
said report has been presented to the County Board; and

WHEREAS, the Planning Commission of the County on the 2nd day of November,
following proper notice, held a public hearing regarding the request for a
utility easement vacations be granted; and

WHEREAS, the Blue Earth County Board of Commissioners on the 29th day of
November, following proper notice, held a public hearing regarding the request
and,

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

1. Vacation of these easements will not be 
detrimental to neighboring uses already
permitted in the area.

2. Vacation of the easements will increase the 
buildable area of Lots 1 and 2 of Block 4. 

3. The property owners have contacted and 
obtained signatures, telephone and electrical utilities verifying there are no
utilities present in the existing easement right of ways.

4. There are adequate utility easements on each 
lot to provide for utility right-of-way in the future.

NOW, THEREFORE BE IT RESOLVED, by the Blue Earth County Board of Commissioners,
that the request to vacate public utility easement right of ways along the
property line adjoining Lots 1 and 2 of Block 4 is granted.

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

The motion carried. 94-613

Commissioner More moved and Commissioner Barnes seconded the motion to approve
the Comprehensive Water Management Plan: 

RESOLUTION TO UPDATE A COUNTY
COMPREHENSIVE WATER MANAGEMENT PLAN

WHEREAS, Minnesota Statutes, Chapter 103B.301, Comprehensive Local Water
Management Act, authorizes Minnesota Counties to develop and implement a
comprehensive local water management plan, and

WHEREAS, the Act requires that a County update and revise their comprehensive
local water management plan on a periodic basis, and

WHEREAS, the Act encourages that a county coordinate its planning with
contiguous counties, and

WHEREAS, the Act requires that plans and office controls of other local
government units be consistent with the comprehensive local water management
plan, and

WHEREAS, Blue Earth County has determined that the revision and continued
implementation of a comprehensive local water management plan will help promote
the health and welfare of the citizens of Blue Earth County.

NOW, THEREFORE, BE IT RESOLVED that the Blue Earth County Board of Commissioners
resolve to revise and update its current comprehensive local water management
plan. 

BE IT FURTHER RESOLVED that Blue Earth County will coordinate its efforts in the
revision and update of its plan with all local governmental units within the
county, and will incorporate, where appropriate, any existing plans and rules
which have been developed and adopted by watershed districts having jurisdiction
wholly or partly within Blue Earth County into its comprehensive water
management plan.

BE IT FURTHER RESOLVED that the Blue Earth County Board of Commissioners
authorizes the establishment of a Water Management Advisory Committee with the
responsibility of revising and updating the plan and who shall report to the
County Board on a periodic basis.

BE IT FURTHER RESOLVED that the Blue Earth County Board of Commissioners
delegates the Land Use & Natural Resources Administrator the responsibility of
coordinating, assembling, and writing the revised comprehensive local water
management plan pursuant to M.S. 103B.301 and M.R. 9300. 

The motion carried. 94-614

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

RESOLUTION
IDENTIFYING PROJECT REPRESENTATIVE AND
AUTHORIZING THE APPLICATION FOR A PHASE 1 CLEAN 
WATER PARTNERSHIP PROJECT

BE IT RESOLVED by the Blue Earth County Board of Commissioners, that it hereby
designates Henry Quade, Director, Mankato State University Water Resources
Center, as the project representative and Blue Earth County will be the fiscal
agent for the Blue Earth River proposed Clean Water Partnership Phase I -
Resource Investigation Grant.

The Project Representative shall have the authority to represent the Blue Earth
County Board of Commissioners in all matters that do not specifically require
action by the Blue Earth County Board of Commissioners. The Minnesota Pollution
Control Agency (MPCA) shall direct Clean Water Partnership Application
correspondence to the Project Representative and shall consider correspondence
from and actions taken by the Project Representative to be that of the Blue
Earth County Board of Commissioners. 

BE IT FURTHER RESOLVED by the Blue Earth County Board of Commissioners, that the
Project Representative designated above is hereby authorized to submit to the
MPCA a Clean Water Partnership Phase 1 - Resource Investigation Grant
Application for the Blue Earth River.

BE IT FURTHER RESOLVED by the Blue Earth County Board of Commissioners that the
total project cost of the Blue Earth River Project is expected to be $1,000,000
of which not more that $5,348 cash and $41,859 inkind shall be provided by the
Blue Earth County Board of Commissioners with the assistance from contributing
sponsors as detailed in Part III of the application. 

The motion carried. 94-615

Mr. David Twa, County Administrator, presented the following items for the
Boards consideration.

Commissioner Tacheny moved and Commissioner More seconded the motion to approve
the November 15, 1994 Board Minutes. The motion carried. 94-616

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

Bills for Week of November 21-25, 1994

Grand Total $584,473.95

Bills for Week of November 28 - December 2, 1994 

Grand Total $957,553.06

The motion carried. 94-617

Commissioner Tacheny moved and Commissioner More seconded the motion to approve
the following Personnel items: 

Resignation of Lin Lin Zeng, Case Aide (Clubhouse Support), effective December
2, 1994. (Human Services) 

Authorization to initiate recruitment for a .5 FTE Case Aide (B23). (Clubhouse
Support). (Human Services) 

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

The motion carried. 94-618

Commissioner Tacheny moved and Commissioner Barnes seconded the motion to
approve the following Proclamation: WHEREAS, competitive sports are helpful in
teaching the principles of sportsmanship and fair play to the students thereby
contributing to better citizenship; and

The Bethany Lutheran College Volleyball Team has won their second straight
Minnesota Community College Conference State Championship and Region XIII Crown
and placed ninth in the National Junior College Athletic Association National
Tournament in Miami, Florida.

The citizens of Blue Earth County wish to congratulate and recognize these
exciting accomplishments; and 

It is appropriate to designate Tuesday, December 6, 1994, as 

"BETHANY LUTHERAN COLLEGE VOLLEYBALL TEAM DAY!" 

Now, Therefore, Be It Resolved, by the Blue Earth County Board of Commissioners
that the Bethany Lutheran College Volleyball Team be congratulated on behalf of
the entire County of Blue Earth on their outstanding athletic accomplishments! 

Be it further resolved, that Tuesday, December 6, 1994 is hereby proclaimed:

"BETHANY LUTHERAN COLLEGE VOLLEYBALL TEAM DAY!" 

The motion carried. 94-619

Mr. Steve Michel, Physical Plant Director, presented the following items for the
Boards consideration. 

Commissioner Landkamer moved and Commissioner More seconded the motion to
approve the Bylaws of the Blue Earth County Health and Safety Committee. The
motion carried. 94-620 

Commissioner Tacheny moved and Commissioner More seconded the motion to approve
the AWAIR Policy Update. The motion carried. 94-621

Commissioner Barnes moved and Commissioner More seconded the motion to approve
the Antenna Site Access Agreement with Central Communications, Owatonna, MN. The
motion carried. 94-622 

Mr. David Twa, County Administrator, gave a preview of the workshop items that
will be discussed.

Mr. Robert Orth, MICA Executive Director, presented the MICA Annual Report to
the Board.

Mr. Dennis McCoy, Deputy County Administrator, presented the following Human
Service items for the Boards consideration. 

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

Resolution indicating the County Board Chairperson's signature on a contract
with the State of Minnesota representing the County's position. The grant to
support the developmental disabilities pilot project requires certification that
the chair can sign contracts before the State Finance Department will accept the
agreement and pay the County. 

A second Family Service Collaborative Implementation Grant will be submitted on
December 1st. This second request encompasses the Maple River and St. Clair
School Districts. The proposal would expand services into the last two school
districts with district headquarters within Blue Earth County. Each school
district will indicate their willingness to provide financial support of no less
than $3,000.00. Blue Earth County will support this effort with $15,000.00 

Agreement between the County and School District #77 to provide therapeutic
services to clients in the Day Treatment Program.

Approve the following resolution to begin an Employment Experience Program:

WHEREAS, the County of Blue Earth wishes to add a work component as authorized
under M.S. 256D.113 to its Work Readiness Program.

NOW, THEREFORE, BE IT RESOLVED, by the Blue Earth County Board of Commissioners
that an Employment Experience Program be added as a component of its Work
Readiness Program with the following conditions:

1. No Work Readiness participant will
be employed at a work site which
will displace any person currently
performing those tasks required of
the participant or fill an
established vacant position.

2. Blue Earth County's service
provider will provide worker's
compensation or comparable coverage
for any participant in the
Employment Experience Program.

3. Participants are not eligible for
unemployment compensation and are
not employees of the State of
Minnesota within the meaning of
M.S. 43A.02, Subd. 21.

4. Blue Earth County will, where
feasible, offer other employment
and training services to
participants prior to assigning
them to the Employment Experience
Program.

5. Blue Earth County will provide
support services necessary to
enable the participant to complete
the assignment and will not
terminate any participant for
failure to complete an assignment
of support services where
unavailable.

6. No participant will be required to
work more than the number of hours
equal to the Work Readiness cash
payment divided by the State
minimum wage.

Approval of an amended host-county agreement with Becklund Home Health Care due
to the addition of several Community Alternative Care Services clients. This
amended agreement allows the vendor to receive payment for services they are
currently providing. 

Approval of a waivered services contract with Ann Marie Buecksler for the period
December 1, 1994, through December 31, 1995. This provider will be focusing
primarily on adult foster care and respite services. 

Approval of a host-county agreement with Diane Baley under the Waivered Services
Program to provide adult foster care and respite care services and adult day
care.

Approval of an agreement with the Brown County Evaluation Center, Inc. to
provide detoxification services to juveniles held at the Brown County Detention
Facility. The terms of the agreement are January 1, 1995, through December 31,
1995. 

Approval of the following monthly service charges to counties for the calendar
year 1995 for extended employment services:

Facility-Based	$65.20
Combined	$67.29
Community-Based	$69.38
EASE Program	$83.55
EASE Program (w/o DRS Funding)	283.25

The motion carried. 94-623

Mr. Kris Miller, Chairperson, presented the Human Services Advisory Committee
Meeting minutes from the November 17, 1994 meeting.

The meeting was recessed at 11:57
The meeting reconvened at 1:30 p.m.

Pursuant to publication, a public hearing was held to continue hearing the
petition from Mr. Paul Juergens, Amboy, MN to outlet lands contained in the
Northwest Quarter of the Northeast Quarter, Southwest Quarter of the Northeast
Quarter and Southeast quarter of the Northeast Quarter of Section 32 of Sterling
Township, Blue Earth County, into County Ditch #64. The public hearing was
opened for public comments by Chairperson Stoltzman at 1:34 p.m., November 29,
1994. Those speaking were: Mr. William Turtle, Gibbon; Mr. Vern Peterson, Mr.
Bill Wendlandt, Garden City; Mr. Lee Cox, Amboy; Mr. Dick Bradshaw, Engineer;
Mr. David Stevens, Ag Inspector; Mr. Milt Owens, Auditor, Mr. Chuck Wingert,
Surveyor; Mr. Mert Dobie, Amboy; Mr. Gary Isenger.

After discussion, Commissioner More moved and Commissioner Tacheny seconded the
motion to approve the petition from Mr. Juergens and allow the land in the
watershed into the ditch system and recommend a hearing for repair with the
Faribault County Joint Ditch Authority to divert the west system of JD #64 into
JD #49.

Chairperson Keith Stoltzman officially closed the public hearing at 2:35 p.m.,
November 29, 1994. A transcript of this hearing is on file at the County
Administrator's Office, Courthouse, Mankato, MN. The motion carried. 94-624 

Mr. Scott Fichtner, Environmental Services Director, was present to discuss
Environmental Services issues in the workshop with David Twa.

Commissioner Landkamer moved and Commissioner More seconded the motion to
adjourn at 4:09 p.m.

The motion carried. 94-625