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OFFICIAL PROCEEDINGS OF THE BOARD OF COMMISSIONERS
BLUE EARTH COUNTY, MINNESOTA
November 26, 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, and County Administrator David Twa.
Commissioner Barnes moved and Commissioner Bennett seconded
the motion to approve the Agenda. The motion carried. 96-391
The Commissioners reported on committees that they have
attended since the last Board Meeting.
Mr. Hugh Valiant, Area Fisheries Manager, presented the
following for the Boards consideration.
Commissioner Bennett moved and Commissioner Tacheny seconded
the motion to approve acquiring the following land with an
easement for any drainage for the area.
BLUE EARTH COUNTY
BOARD OF COUNTY COMMISSIONERS
REVIEW OF PROPOSED STATE WILDLIFE ACQUISITION
In accordance with Minnesota Statutes 97A.145 (1992),
the Commissioner of the Department of Natural Resources
on November 26, 1996 provided the County Board and the
appropriate town officers with a description of lands
to be acquired by the State of Minnesota for water and
wildlife conservation purposes.
Lands to be acquired are described as follows:
Beginning at the northwest corner of the NE
1/4 of NE 1/4 of Section 12, Township 105
North, Range 28 West; thence South along the
west line of said NE 1/4 of NE 1/4, 1650
feet, more or less, to the shore line of Ida
Lake; thence Southeasterly along said shore
line, 565 feet, more or less; thence North,
parallel with the east line of said Section
12, a distance of 900 feet; thence West,
parallel with the north line of said Section
12, a distance of 500 feet; thence North,
parallel with the east line of said Section
12, a distance of 900 feet, more or less, to
the north line of said section 12; thence
West along said north line of Section 12, a
distance of 45 feet to the point of
beginning.
IT IS HEREBY RESOLVED, by the Board of County Commissioners of
Blue Earth County on November 26, 1997 that the State's proposed
acquisition of the above described property be approved.
The motion carried. 96-392
Mr. Joe Styndl, Maintenance Superintendent, and Mr. Ron
Olson, Road Supervisor, presented the following Highway equipment
bids.
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 All
Wheel Drive Motor Grader With Articulated
Steering & Snow Wing
BIDDERS: AMOUNT OF BID:
RDO Equipment Company, North Mankato, MN $107,884.50
Commissioner Barnes moved and Commissioner Bennett seconded the
motion to accept the bid of $107,884.50 from RDO Equipment
Company, North Mankato, MN. The motion carried. 96-393
EQUIPMENT: Two Tandem Trucks With Dump Body & Sanding
Equipment
BIDDERS: AMOUNT OF BID:
River Valley Truck Center, Mankato, MN $107,397.30
Mankato Mack Sales, Mankato, MN $134,017.48
Lake Land Ford, St. Paul, MN $110,672.00
Commissioner Tacheny moved and Commissioner Bennett seconded the
motion to accept the low bid of $107,397.30 from River Valley
Truck Center, Mankato, MN. The motion carried. 96-394
Commissioner Barnes moved and Commissioner Tacheny seconded
the motion to approve the November 12, 1996 Board Minutes. The
motion carried. 96-395
Commissioner Bennett moved and Commissioner Barnes seconded
the motion to approve the following Bills:
Bills for Week of November 18-22, 1996
Grand Total $434,463.42
Bills for Week of November 25-29, 1996
Grand Total $1,227,018.70
The motion carried. 96-396
Commissioner Bennett moved and Commissioner Tacheny seconded
the motion to approve the following Personnel items including the
previously tabled Captains and Patrol Officers authorizations:
Resignation of Joel Jensen, Custody Officer (On-Call)
(B23), effective November 21, 1996. (Sheriff)
Authorization to initiate recruitment for a Custody
Officer (On-Call) (B23). (Sheriff)
Authorization to initiate recruitment for two Captains
(C51). (Sheriff)
Authorization to hire two Patrol Officers (C42) off the
current Deputy Sheriff Eligibility Register. (Sheriff)
The motion carried. 96-397
Mr. Veryl Morrell, Land Use & Natural Resources
Administrator and Mr. Bill Goebel, Land Use Specialist presented
the following Planning and Zoning items.
Commissioner Bennett moved and Commissioner Tacheny seconded
the motion to approve the following Conditional Use Permit:
RESOLUTION
GRANTING A CONDITIONAL USE PERMIT FOR
MINERAL EXTRACTION (GRAVEL)
SECTION 21, CAMBRIA TOWNSHIP
WHEREAS, Loren (Butch) Hoffman, d.b.a. Hoffman Construction
Company, owner of the following tract of real estate in the
County of Blue Earth to wit:
All that land lying East of Minnesota Trunk Highway (MTH) 68
in the Northeast Quarter of the Southeast Quarter in
Section 21, Township 109 North, Range 29 West, in Cambria
Township
has applied for a conditional use permit to operate a gravel
mining operation in an existing pit in an Agriculture District;
and,
WHEREAS, the Planning Agency of the County has completed a review
of the application and made a report pertaining to said request
(CO 38-96), a copy of said report has been presented to the
County Board; and
WHEREAS, the Planning Commission of the County on the 6th day of
November, 1996, following proper notice held a public hearing
regarding the request and, following the hearing, adopted a
recommendation that the request be granted; 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.
3. That with proper management, the proposed use
will not adversely increase the quantity of
water runoff.
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 adequate utilities, access roads,
drainage and other necessary facilities have
been or are being proposed.
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 the predominant uses in
the area.
9. That adequate measures have been or will be
taken to prevent or control offensive odor,
fumes, dust, noise, and vibration, so that
none of these will constitute a nuisance, and
to control lighted signs and other lights in
such a manner that no disturbance to
neighboring properties will result.
10. The intensity of the proposed use is not greater
than the intensity of the surrounding land uses.
NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of
Commissioners, that the request for a conditional use permit for
the operation of a gravel mining operation in an existing pit in
an Agriculture District is granted with the following
conditions:
1. The mining operations shall be conducted in compliance
with the laws of the State of Minnesota and the Federal
Government, especially as related to safety standards,
and the Blue Earth County Zoning Ordinance, Section 17,
Mineral Extraction, as set forth in, and in compliance
with, the approved development and reclamation plan
drafted by Bolton and Menk, Inc., dated 10-3-96.
2. Access points from and onto any road or highway shall
be clearly indicated, and only those access points
shall be utilized. All access points must be approved
by the appropriate jurisdictional agency.
3. Trucks used in hauling materials from the
site of excavation shall be loaded in such a
manner as to minimize spillage onto public
roadways. Precautions must be taken to
minimize the deposit of dirt and mined
materials onto public roads or highways. Any
spillage resulting from overloading or from
adhering to truck tires shall be removed at
regular intervals.
4. The amount of overburden to be removed shall
not be in excess of that required to
undertake operations in an economical manner.
Development toward the final reclamation plan
shall be carried on as excavation progresses.
5. Proposed back slopes, graded or back filled areas, or
banks shall conform to the approved reclamation plan
and shall be covered with sufficient topsoil to provide
for re-vegetation. Where ground cover or other
planting is indicated on an approved plan, such
planting shall be made in areas where excavation is
completed and land is not being used for material
storage, and shall be as recommended by the SWCD.
6. Upon completion of excavation, all buildings,
plants, and equipment, shall be removed
within six (6) months, unless such buildings,
plants, and equipment will be used in the
reclamation process.
7. Operating procedures will be utilized to
control dust and noise so as not to be in
conflict with adjoining property owners.
8. Mining operations shall not be conducted closer than
fifty (50) feet to the boundary of an adjoining
property line, unless the written consent of the
adjoining property owner is first secured.
9. Excavating or stockpiling shall not be
conducted closer than one hundred (100) feet
to the right-of-way line of any existing or
platted street, road, or highway, where such
excavation may create a traffic or line of
site problem.
10. A Reclamation Performance Bond or Letter of
Credit for $1,000 per acre shall be presented
to the County to guarantee that either upon
termination of the permit or the operations,
the ground surface of the land used shall be
restored in conformity with the reclamation
plan filed with the mining permit
application.
11. This permit shall be effective for a period
of five years, after which it will be
reviewed by the Blue Earth County Board.
12. Hours of operation shall be limited to 7:00
AM through 9:00 PM to prevent disturbing
noise during normal sleeping hours.
13. The operator shall maintain all appropriate state and
MPCA permits, especially those relating to air quality.
This resolution shall become effective immediately upon its
passage and without publication.
The motion carried. 96-398
Commissioner Tacheny moved and Commissioner Barnes seconded
the motion to approve the following after clarification from Mr.
Brian Severns, Wis-Pak:
RESOLUTION
GRANTING A CONDITIONAL USE PERMIT FOR
LAND APPLICATION OF INDUSTRIAL FOOD
PROCESSING WASTEWATER AND SLUDGE
SECTION 34, LERAY TOWNSHIP
WHEREAS, Darrell Frank, owner of the following tract of real
estate in the County of Blue Earth to wit:
The East Half of the Northwest Quarter of Section 34,
Township 108 North, Range 25 West, LeRay Township; except
the East 466.70 feet of the South 466.70 feet of the East
Half of the Northwest Quarter of Section 34, Township 108North, Range 25 West and that part of the Northwest Quarter
of Section 34, Township 108 North, Range 25 West shown as
Parcel 15 on the plat designated as Blue Earth County
Highway right-of-way Plat No. 1 on file and of record in the
office of the County recorder in and for Blue Earth County,
Minnesota.
along with Wis-Pak of Mankato, have jointly applied for a
conditional use permit to land apply industrial food processing
wastewater and sludge in an Agriculture District; and,
WHEREAS, the Planning Agency of the County has completed a review
of the application and made a report pertaining to said request
(CO 40-96), a copy of said report has been presented to the
County Board; and
WHEREAS, the Planning Commission of the County on the 6th day of
November, 1996, following proper notice held a public hearing
regarding the request and, following the hearing, adopted a
recommendation that the request be granted; 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.
3. That with proper management, the proposed use
will not adversely increase the quantity of
water runoff.
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 adequate utilities, access roads,
drainage and other necessary facilities have
been or are being proposed.
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 the predominant uses in
the area.
9. That adequate measures have been or will be
taken to prevent or control offensive odor,
fumes, dust, noise, and vibration, so that
none of these will constitute a nuisance, and
to control lighted signs and other lights in
such a manner that no disturbance to
neighboring properties will result.
NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of
Commissioners, that the request for a conditional use permit to
land apply industrial food processing waste water and sludge in
an Agriculture District is granted with the following conditions:
1. All land application shall be done in conformance with
all applicable MPCA rules.
2. All applicable MPCA Permits must be obtained
prior to land application of wastewater or
sludge.
3. All separation distances from residences,
seasonal water table, wells, wetlands,
ditches, watercourses, tile inlets, etc.,
shall be as specified by the MPCA Rules.
4. Trucks used in hauling wastewater and/or
sludge shall be loaded and/or unloaded in
such a manner as to minimize spillage onto
public roadways. Excessive amounts of mud
deposited on public roadways as a result of
mud adhering to truck tires shall be removed
by the applicant.
5. That if the operation becomes or creates a
public nuisance or is out of compliance with
the terms of the Conditional Use Permit or
other required permits, the county board may
review the Conditional Use Permit.
6. This permit shall be effective for a period
of five years, after which it will be
reviewed by the Blue Earth County Board.
This resolution shall become effective immediately upon its
passage and without publication.
The motion Carried. 96-399
Commissioner Barnes moved and Commissioner Bennett seconded
the motion to approve the following Conditional Use Permit:
RESOLUTION GRANTING A
CONDITIONAL USE PERMIT
TO EXPAND AN EXISTING FEEDLOT
SECTION 35, RAPIDAN TOWNSHIP
WHEREAS, Ulrich Acres, owner of the following real estate in
the County of Blue Earth, Minnesota, to wit:
Northeast Quarter of the Northwest Quarter and the West
Half of the Northwest Quarter, Section 35, Rapidan
Township,
has applied for a Conditional Use Permit to construct one barn at
an existing swine facility in a 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 (CO 41-96), a copy of said report has been presented to
the County Board; and
WHEREAS, the Planning Commission of the County on the 6th
day of November 1996, 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:
1. That with proper management of the proposed barn 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 barn 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 C, Conservation 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, in a C, Conservation Zoning District, is granted with the
following conditions:
1. That the total confinement barn, conforms with the site plan
attached to staff report CO 41-96.
2. That a Certificate of Compliance be issued before a Blue
Earth County Construction Permit is issued.
3. That a Blue Earth County Construction Permit is issued
before construction begins.
4. 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).
5. 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 CO 41-96.
6. That the applicant obtain a Department of Natural Resources,
Water Appropriations Permit before any animals are placed
in the proposed barn.
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.
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.
10. That the applicant obtain a Blue Earth County Feedlot Permit
before animals are placed in the barn.
This resolution shall become effective immediately upon its
passage and without publication.
The motion carried. 96-400
Mr. Scott Fichtner, Environmental Services Director and Mr.
Herb Wenkel, Senior Environmental Specialist, discussed well
delegation issues.
Commissioner Bennett moved and Commissioner Barnes seconded
the motion to approve Renewal of Liquor, Wine, or Club Licenses
to KJS of Mapleton Inc. d/b/a Windmill Bar & Lounge, Mapleton,
MN; Afton Alps Inc. d/b/a Mount Kato, Mankato, MN and Mankato
Golf Club Inc., Mankato, MN. The motion carried. 96-401
Commissioner Tacheny moved and Commissioner Bennett seconded
the motion to approve a one time appropriation of $4,320 to
CADA's building project and to South Eastern Minnesota Initiative
Fund (SEMIF) $5,000 per year for five years. The motion carried.
(Adjust Budgets Accordingly) 96-402
Mr. Dennis McCoy, Deputy County Administrator, presented the
following Human Service items for the Boards consideration.
Commissioner Barnes moved and Commissioner Tacheny seconded
the motion to approve the following Human Service contracts:
Approval of a contract to provide urinalysis services
with Addiction Recovery Technologies for individuals
identified by child protection staff.
Approve the MRCI extended employment host county
agreement for calendar year 1997.
Approve the Horizon Homes host county agreement from
January 1, 1997 through June 30, 1997.
Approve the extension of the existing host county
agreement between the County and Prairie River Inc. to
provide waivered services from January 1, 1997 through
December 31, 1997 with no change in rate.
Approve a contract amendment to the Immunization Action
Plan grant extending the program end date to December
31, 1997.
Approve the extension of the existing host county
agreement between the County and ELM SILS to provide
supported living services from January 1, 1997 to
December 31, 1997 with no change in rate.
Approve an agreement with the MN Department of Health
for Breast and Cervical Cancer Screening within grantee
service areas.
The motion carried. 96-403
Commissioner Bennett moved and Commissioner Tacheny seconded
the motion to reappoint the following Human Services Task Forces
and Advisory Committee members:
Social Services Task Force: Ms. Debra Irmiter,
Mankato, MN; Ms. Ann Freier, Lake Crystal
Financial Assistance Task Force: Ms. Joan Bindner,
Mankato; Ms. Pearl Huettl, Mankato
Mental Health Task Force: Mr. Marc Buchanan, Mankato;
Mr. Dale Zenk, Amboy; Ms. Barbara Roberts, Eagle Lake;
Ms. Donna Hood, Lake Crystal; Ms. Karolynn Hiniker,
Mankato; Ms. Corine Loeffler, Mankato; Ms. Julie More,
Mapleton; Ms. Colleen Corey, Mapleton
Community Health Services Task Force: Ms. Marilyn
Felber, Mankato; Ms. Betty Bergemann, Madelia; Renita
Goodrich, St. Clair
Human Services Advisory Committee: Ms. Catherine
Iverson, Mankato; Ms. Waunda Mae Wyndle, Mankato; Ms.
Ruth Haefner, Mankato; Ms. Kathryn Rusch, Mankato; Mr.
Charles Behrens, Mankato; Mr. Paul Schuster, Mankato
The motion carried. 96-404
The meeting recessed at 12:00 p.m.
The meeting reconvened at 1:30 p.m.
Mr. David Twa, County Administrator presented Budget items
for the 1997 Planning Workshop.
Mr. Steve Michel, Physical Plant Director, addressed the
Board with space needs issues, especially in the Law Enforcement
Center.
Commissioner Barnes moved and Commissioner Tacheny seconded
the motion to move the Community Corrections Department out of
the Law Enforcement Center. The motion failed. Commissioners
Bennett, Landkamer and Tacheny voted nay.
Commissioner Tacheny moved and Commissioner Bennett seconded
the motion to adjourn at 3:20 p.m. The motion carried. 96-405
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