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OFFICIAL PROCEEDINGS OF THE BOARD OF COMMISSIONERS
BLUE EARTH COUNTY, MINNESOTA
November 7, 1995
The County Board of Commissioners met in the Commissioners'
Room at 9:00 a.m. Present were Chairperson Leon Tacheny,
Commissioner Colleen Landkamer, Commissioner Lin Barnes,
Commissioner Al Bennett, Commissioner Alvis More, County Attorney
Ross Arneson and County Administrator David Twa.
Commissioner Landkamer moved and Commissioner More seconded
the motion to approve the amended Agenda. The motion carried.
95-348
The Commissioners reported on committees that they have
attended since the last Board meeting.
Commissioner Landkamer moved and Commissioner Bennett
seconded the motion to approve the October 24, 1995 Board
Minutes. The motion carried. 95-349
Commissioner Barnes moved and Commissioner Bennett seconded
the motion to approve the following Bills:
Bills for Week of October 30 - November 3, 1995
Grand Total $11,465,387.70
Bills for Week of November 6-10, 1995
Grand Total $12,423,084.66
The motion carried. 95-350
Commissioner Landkamer moved and Commissioner Barnes
seconded the motion to approve the following Personnel items:
Promotion of Carolyn Truebenbach, from Word Processing
Operator II (B21) to Clerical Specialist II (B22) with
a salary adjustment from $10.02 to $10.27 per hour
effective November 13, 1995. (Court Administrators)
Authorization to initiate recruitment for a Word
Processing Operator II (B21). (Word Processing)
Authorization to initiate recruitment for a Social
Worker (C42). (Human Services)
Authorization to initiate recruitment for a Heavy
Equipment Operator and a Medium Equipment Operator on a
promotional basis leading to a final step external
recruitment for a Light Equipment Operator. (Highway)
The motion carried. 95-351
Commissioner More moved and Commissioner Bennett seconded
the motion to approve the following:
WHEREAS, Blue Earth County Soil and Water Conservation
District has been advised that the Minnesota Department
of Agriculture is implementing a low-interest loan
program as a tool towards achieving water quality goals
set forth in Blue Earth County's comprehensive local
water plan; and
WHEREAS, Blue Earth County Soil and Water Conservation
District will be making an application with the
Minnesota Department of Agriculture to participate in
said program; and
WHEREAS, Blue Earth County supports Blue Earth County
Soil and Water Conservation District's efforts in this
endeavor and Blue Earth County will defer to Blue Earth
County Soil and Water Conservation District the
authority to apply for such a program; and
WHEREAS, Blue Earth County is of the understanding that
Blue Earth County will not become involved as a source
of funds under the program, a grantor of loans under
the program, a guarantor of loans under the program, a
reviewer of applications for loans under the program
and will assume no liability under the program;
NOW, THEREFORE, BE IT RESOLVED that Blue Earth County
supports Blue Earth County Soil and Water Conservation
District's application under the agriculture Best
Management Practices Loan Program.
The motion carried. 95-352
Commissioner Landkamer moved and Commissioner Barnes
seconded the motion to approve a Tax Abatement to the City of
Mankato for the old JC Penney Building, Mankato Place, Parcels
R01-09-18-104-006 and R01-09-18-104-007. After further
discussion Commissioner Landkamer withdrew her motion and made a
motion to table the request, Commissioner Barnes seconded the
motion to table. The motion carried. 95-353
Commissioner Bennett moved and Commissioner More seconded
the motion to set the following public hearing on December 19,
1995 at 2:00 p.m. in the Courthouse Boardroom:
RESOLUTION ON THE PROPOSAL TO MODIFY A REDEVELOPMENT
PROJECT AND TAX INCREMENT FINANCING DISTRICT
WITHIN THE REDEVELOPMENT PROJECT AND ADOPT A REDEVELOPMENT PLAN
AND TAX INCREMENT FINANCING PLAN AND CALLING FOR CONSULTATION
WITH OTHER AFFECTED JURISDICTIONS AND PUBLIC HEARING
WHEREAS, a proposal to modify a development project and
a tax increment financing district within the proposed
redevelopment project under the provisions of Minnesota
Statutes, Section 469 (the "Act") and to adopt a
redevelopment plan and tax increment financing plan has
been received by the County Board of Commissioners, and
WHEREAS, the Act requires that prior to modification of
a redevelopment project and tax increment financing
district the County Board of Commissioners shall
provide a reasonable opportunity to members of the
School Board of Independent School District No. 70 and
the members of the Judson Township Board to meet with
the County Board of Commissioners and that the County
Board of Commissioners shall fully inform the members
of the School Board and Township Board of the fiscal
and economic implications of the proposed redevelopment
project and tax increment financing district, and
WHEREAS, the Act further requires that prior to the
formation of a redevelopment project, a tax increment
financing district and adoption of a redevelopment plan
and a tax increment financing plan a public hearing
shall be held thereon:
NOW THEREFORE, BE IT RESOLVED by the County Board of
Commissioners of the County of Blue Earth as follows:
1. The County Administrator is authorized and
directed to make available to the School
Board of Independent School District No. 70
and the Judson Township Board a copy of this
resolution, together with a copy of the
proposed redevelopment project and tax
increment financing district plans, and to
invite board members to meet with the County
Board of Commissioners to discuss said
proposal on the 19th day of December, 1995 at
2:00 p.m. at the County Courthouse.
2. A public hearing on said plan will be held at
the time and place set forth in the Notice of
Hearing hereto attached and incorporated
herein by reference. The County
Administrator is authorized and directed to
cause said Notice of Hearing to be published
in the official newspaper and if the official
newspaper does not have general circulation,
in a newspaper of general circulation in the
County at least once not less than 10 days
nor more than 30 days prior to the date of
hearing and to cause a copy of said notice to
be mailed to the School Board of Independent
School District No. 70 and the Judson
Township Board.
The motion carried. 95-354
Mr. Scott Fichtner, Environmental Services Director,
presented the following items for the Boards consideration.
Commissioner Landkamer moved and Commissioner More seconded
the motion to appoint Mr. Jeff Kagermeier, Mankato, to the
Environmental Services Advisory Board. The motion carried. 95-
355
Commissioner Barnes moved and Commissioner Bennett seconded
the motion to approve the 1996/1997 Household Hazardous Waste
contract with the Minnesota Pollution Control Agency (MPCA). The
motion carried. 95-356
Commissioner Landkamer moved and Commissioner Bennett
seconded the motion to approve the following resolution and to
contact local legislators:
WHEREAS, 1995 Law clarifies that sales tax applies to
MMSW Management Service, and
WHEREAS, M.S. 297A.45 states "the political subdivision
shall pay overflow taxes based on its cost of providing
the service in excess of the direct charge; and
WHEREAS, interpretation of this Law has been a subject
of much discussion between Counties and the Minnesota
Department of Revenue, and
WHEREAS, a letter dated 8/17/95 to Nick Riley of AMC
has the views of the Department of Revenue; and
WHEREAS, it appears the Department of Revenue has gone
way beyond what many believe was the legislative
intent; and
WHEREAS, the requirement for Counties to pay sales tax
(some retroactive) would cost Counties (taxpayers)
thousands of dollars payable to the State; and
WHEREAS, the Department of Revenue letter causes sales
tax to be applied to labor costs; and
WHEREAS, Minnesota sales tax laws do not apply to
services and labor;
NOW, THEREFORE, BE IT RESOLVED that Blue Earth County
respectfully requests that by legislation the problem
created by interpretation by the Department of Revenue
be corrected early in the 1996 session.
The motion carried. 95-357
Mr. Fichtner updated the Board on the Well Delegation
Program; the Solid Waste Management Plan; the Florescent Bulb
Collection; the Mobile Unit Collection and the Small Generator
Program.
Mr. Duane Mettler, Mr. Rick Hanna, and Mr. Chuck Heaberlin,
representing the Duck Lake Water Quality Improvement
Implementation Project, were present to request funding of
$12,000 for the project. Commissioner More moved and
Commissioner Barnes seconded the motion to fund the project
$4,000 a year over a three year period. The motion carried. 95-
358 (Adjust Budgets accordingly)
Mr. Dan Sjoquist and Mr. Willard Vetter, Skyline, were
present to voice concerns about the State Septic System
Regulations. Ms. Katie Wortel, Mankato Township, asked questions
concerning the regulations.
Mr. Al Forsberg, Public Works Director, Mr. Jim Swanson,
MnDot District Engineer and Mr. Doug Haeder, MnDot State Aid
Engineer, presented the following item for the Boards
consideration.
Commissioner Barnes moved and Commissioner Landkamer
seconded the motion to approve the Joint Powers Agreement for the
Mankato Area Transportation and Planning Study contingent on the
County Attorney's approval. The motion carried. 95-359
Commissioner Barnes moved and Commissioner More seconded the
motion to approve the following:
WHEREAS, the County of Blue Earth has applied to the
Commissioner of Transportation for a grant from the
Minnesota State Transportation Fund for the
construction of County Bridge No. 07569 over the Blue
Earth River and:
WHEREAS, the amount of the grant has been determined to
be $589,566.39 by reason of the lowest responsible bid.
NOW THEREFORE, BE IT RESOLVED: that the County of Blue
Earth does hereby affirm that any cost of the bridge in
excess of the grant monies appropriated for the bridge
but not required, based on the final estimate, shall be
returned to the Minnesota State Transportation Fund.
BE IT FURTHER RESOLVED: that whereas Federal monies
are being used to participate in the cost of the
bridge, grant monies as matching funds shall be
transferred directly to the agency account and that the
records of the County of Blue Earth shall so state.
The motion carried. 95-360
Commissioner Bennett moved and Commissioner More seconded
the motion to approve the following:
WHEREAS, the County of Blue Earth has applied to the
Commissioner of Transportation for a grant from the
Minnesota State Transportation Fund for the
construction of Sterling Township Bridge No. 97971 over
the Providence Creek, and;
WHEREAS, the amount of the grant has been determined to
be $11,177.62 by reason of the lowest responsible bid.
NOW THEREFORE, BE IT RESOLVED; that the County of Blue
Earth does hereby affirm that any cost of the bridge in
excess of the grant will be appropriated from the funds
available to the County of Blue Earth, and that any
grant monies appropriated for the bridge but not
required, based on the final estimate, shall be
returned to the Minnesota State Transportation Fund.
The motion carried. 95-361
Commissioner Bennett moved and Commissioner More seconded
the motion to authorize the County Engineer to advertise for sale
approximately 8 ft x 60 ft parcel of land on edge of Vernon
Center County Highway Shop. The motion carried. 95-362
Commissioner Landkamer moved and Commissioner Bennett
seconded the motion to adjourn the meeting at 12:00 p.m. The
motion carried. 95-363
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