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

The County Board of Commissioners met in the Commissioners' Room at 9:00 a.m. Present were Chairperson Colleen Landkamer, Commissioner Tom McLaughlin, Commissioner Al Bennett, Commissioner Alvis More, Commissioner Lin Barnes, County Attorney Ross Arneson and County Administrator Dennis McCoy.

1. AGENDA REVIEW

Commissioner Bennett moved and Commissioner More seconded the motion to approve the amended Agenda to include an appointment to the Community Corrections Advisory Board. The motion carried. 2000-24

2. COMMISSIONERS' REPORTS ON COMMITTEES

The Commissioners reported on committees they have attended since the last Board Meeting.

3. ADMINISTRATIVE SERVICES

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

Commissioner Barnes moved and Commissioner More seconded the motion to approve the January 4, 2000 Board Minutes. The motion carried. 2000-25 Commissioner Barnes moved and Commissioner Bennett seconded the motion to approve the following Bills:

Bills for the Week of January 10-14, 2000

				Grand Total		$2,799,686.83

		Bills for the Week of January 17-21, 2000

				Grand Total		$819,074.30

The motion carried. 2000-26

Ms. Julie Conrad, Land Use & Water Planner, presented the following item for the Boards consideration.

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

WHEREAS, Blue Earth County participates in and supports the Minnesota River Basin restoration efforts of the Minnesota River Joint Powers Board; and

WHEREAS, Blue Earth County is located within four major watersheds of the Minnesota River Basin, including the Blue Earth River, LeSueur River, Watonwan River, and Middle Minnesota River watersheds; and

WHEREAS, Blue Earth County supports the Minnesota River Joint Powers Board's goal to establish watershed teams in each of the major watersheds of the Minnesota River; and

WHEREAS, both the Three Rivers Resource Conservation and Development Council (RC&D) and the South Central Minnesota Comprehensive County Water Planning Project work with water plan related activities; and

WHEREAS, a partnership between these organizations can improve communication, reduce duplication, strengthen the County's Comprehensive Water Plan, and involve more partners in the watershed planning and implementation process.

NOW, THEREFORE, BE IT RESOLVED that Blue Earth County pursue formalization of a partnership between Three Rivers Resource Conservation and Development Council and the South Central Minnesota Comprehensive County Water Planning Project in a manner consistent with the goals of the Minnesota River Joint Powers Board.

The motion carried. 2000-27

Commissioner More moved and Commissioner Barnes seconded the motion to appoint Commissioner Bennett as the representative to the 13 County Water Planning Committee and Commissioner More as the alternate. The motion carried. 2000-28

Mr. Veryl Morrell, Land Use & Natural Resources Administrator and Mr. Chuck Peterson, Feedlot Officer, presented the following Planning and Zoning items for the Boards consideration.

Commissioner Bennett moved and Commissioner More seconded the motion to set a Public Hearing on February 22, 2000 at 9:30 a.m. for a request to amend the Official Land Use Map of Blue Earth County by re-zoning Lakeview Heights Subdivision Number 2, LeRay Township, from C-1 Conservation Zoned District, to R-1, Rural Residence Zoned Distric

The motion carried. 2000-29

Ms. Joyce Baynes, Madison Lake; Mr. Dennis Lang, Applicant and Ms. Margret Laven, Madison Lake, made public comments in regards to the next request. After discussion, Commissioner More moved and Commissioner Bennett seconded the motion to approve the following Conditional Use Permit:

WHEREAS, Elizabeth Bisch, owner, and Dennis Lang, operator, of the following real estate in the County of Blue Earth, Minnesota, to wit:

Government Lots 6 and 7, all in Section 20, Township 109 North, Range 25 West of the 5th P.M., containing 65.53 acres.

Except from the above described tract the following tract of land:

That certain tract of land in Government Lot 7, Section 20, Township 109 North, Range 25 West of the 5th P.M. described as follows: Commencing at the Southeast corner of said Government Lot 7 and thence running North along the East line of said Government Lot 7, a distance of 400 feet to the point of beginning; thence continuing North along the East line of said Government Lot 7 for a distance of 264 feet; thence at a right angle West for a distance of 400 feet; thence at a right angle South on a line parallel with the East line of said Government Lot 7 for a distance of 264 feet, thence at a right angle East a distance of 400 feet to the point of beginning, containing in all 2 1/2 acres of land, be the same more or less.

has applied for a Conditional Use Permit to expand a cattle feeding operation in an A, Agriculture 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 (PC-03-00 ), a copy of said report has been presented to the County Board; and

WHEREAS, the Planning Commission of the County on the 5th day of January, 2000, 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.	That with proper management of the proposed expansion 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 expansion 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 A, Agricultural 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, to build one total confinement swine barn in an Agriculture Zoning District, is granted with the following conditions:

1.	That the feedlot, conforms with the site plan attached to this report PC 03-00.





2.	That the feedlot, including all buildings, be located on a single, legally described parcel consisting of a minimum of ten contiguous  acres.  The parcel shall be a parcel of record, properly recorded in the Blue Earth County Land Records Office.



3.	That the applicant must obtain a Blue Earth County Feedlot Permit and a Certificate of Compliance before any additional animals are placed in the feedlot.



4.	The modifications to the feedlot must be completed within twelve months of approval of this Conditional Use Permit.  If the modifications are not made within twelve months of approval of this Conditional Use Permit it becomes invalid. Time extensions for Conditional Use Permits must be obtained from the County Board of Commissioners subsequent to a public hearing conducted by the Planning Commission.



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 PC 03-00.



6.	That the disposal of dead animals be consistent with the Minnesota Board of Animal Health regulations.



7.	That the applicant provide an enclosed location for the pick up of dead animals before any animals are placed in the proposed barns.



8.	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.



9.	That the feedlot shall not house more than 200 animal units.

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

The motion carried. 2000-30

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

Commissioner Bennett moved and Commissioner Barnes seconded the motion to approve the following Personnel items:

Promotion of Kelly Harder, from Social Service Supervisor (C52) to Assistant Human Service Director (D61) with a salary adjustment from $23.27 to $24.44 per hour effective January 19, 2000.

Authorization to initiate recruitment for a Social Service Supervisor (C52). (Human Services)

Resignation of Angela Anderson, 911 Dispatcher (part-time) (B23), effective December 28, 1999. (Sheriff)

Authorization to initiate recruitment for a 911 Dispatcher (part-time) (B23). (Sheriff)

Resignation of Charles Peterson, Land Use/Natural Resource Feedlot Specialist (C41) effective January 27, 2000. (Environmental Services)

Authorization to initiate recruitment for a Land Use/Natural Resource Feedlot Specialist (C41). (Environmental Services)

Employment of Jason Bennett, Custody Officer (part-time) (B23), with a starting salary of $12.09 per hour effective January 31, 2000. (Sheriff)

Authorization to initiate recruitment for .75 FTE Library Clerks (A12). (Library)

The motion carried. 2000-31 (Adjust Budgets Accordingly)

Commissioner Barnes moved and Commissioner Bennett seconded the motion to approve the following Resolution:

WHEREAS, the Conservation Reserve Enhancement Program (CREP) represents an extraordinary opportunity for Minnesota to target conservation easements and practices for maximum effectiveness; and

WHEREAS, this joint federal-state initiative exists to funnel federal dollars into the Minnesota River Basin of which 92 percent is in agricultural production and suffering depressed crop prices; and

WHEREAS, the Minnesota River Basin Joint Powers Board members to directly benefit from this program are Big Stone, Blue Earth; Brown, Carver, Chippewa, Cottonwood, Dakota, Douglas, Faribault, Freeborn, Grant, Hennepin, Jackson, Kandiyohi, Lac qui Parle, LeSueur, Lincoln, Lyon, Martin, McLeod, Murray, Nicollet, Pipestone, Pope, Ramsey, Redwood, Renville, Rice, Scott, Sibley, Steele, Stevens, Swift, Traverse, Waseca, Watonwan and Yellow Medicine Counties; and

WHEREAS, national figures for the Conservation Reserve Program yield a 5: 1 benefit to cost ratio; and

WHEREAS, each state dollar invested in the program attracts an additional 2.3 federal dollars; and

WHEREAS, insufficient state funding will limit total land enrollment due to astounding participation by private land owners in the watershed and the presence of ample federal dollars; and

WHEREAS, the Conservation Reserve Enhancement Program (CREP) represents a focused attack on the source of 85 percent of the sediment reaching the Mississippi River at Lake Pepin; and

WHEREAS, the program will result in 100,000 acres of new and improved habitat in an intensively farmed region that will improve water quality and assist our farmers in remaining self-sufficient; and

WHEREAS, the Minnesota River Basin Joint Powers Board is concerned that the state maximize the return on their investment (study) dollars by fully leveraging federal dollars in the implementation (work on the ground) phase; and

WHEREAS, the matching federal dollars will not be available after 2003 which creates a limited window of opportunity to utilize federal dollars to improve water quality in the most polluted river system in the state; and

THEREFORE, BE IT RESOLVED, that the Blue Earth County Board of Commissioners supports the Minnesota River Basin Joint Powers Board's pursuit and support of legislation which seeks to maximize funding for the CREP (Conservation Easement Program) by including $60 million dollars in the 2000 bonding bill or whatever vehicle best serves the need of the basin.

The motion carried. 2000-32

Commissioner Bennett moved and Commissioner More seconded the motion to advance $686,834.38 from the General Fund to the Ditch Fund to cover deficit cash balance in the following ditches. This advance to be repaid plus 7% interest as the funds become available in the individual ditch funds.

	Ditch Code	County Ditches						

	20120	12 Repair		($15,053.29)					

	20271	27 Imp 1970		($10,317.87)					

	20500	50 Repair		($7,662.56)					

	20770	77 Repair		($261,890.38)					

	10863	86 Petition		($138,422.06)					

	10862	86 PetSteel		($32,732.43)					

	10250	25 Petition		($9,575.91)					

							

		Judicial Ditches						

	10077	7 B.E. & Wat. Sell. Petition	($72,475.39)					

	10093	48 B.E. BR Petition	($1,550.51)					

	10003	3 B.E. & Waseca Petition	($19,745.03)					

	90092	9 Bond B.E. & Brown	($135.54)					

	90101	10 B.E. & Brown		($99.12)					

	90330	33 Repair		($117,174.29)					

							

		Total Negative Balance 	($686,834.38)	

The motion carried. 2000-33

Commissioner Bennett moved and Commissioner More seconded the motion to approve a Tax Abatement to Mr. Paul Roberts, 47439 Apple Road, Cambria Township R32-01-18-300-003 K134722 for taxes payable in 1999. The motion carried. 2000-34

Commissioner Bennett moved and Commissioner More seconded the motion to approve the transfer of Tax Forfeited Property adjacent to Minneopa Park to the Minnesota Department of Natural Resources:

WHEREAS, the following described land forfeited to the State of Minnesota in trust for the local taxing district on May 22, 1995; and

WHEREAS, the Department of Natural Resources has identified the following parcels of land as having more than 50 feet of frontage on public water as per letter dated May 22, 1995; and

WHEREAS, the sale of these parcels of land would be in violation of M.S. 282.018 Subd. 1, and parcels were removed from the tax forfeited sale list; and

WHEREAS, the Commissioner of Natural Resources of the State of Minnesota, has requested these parcels of land under authority of M.S. 85.012 Subd. 1 on behalf of the Department of Natural Resources, a state agency, for release of the following described lands from the trust in favor of the taxing district:

Legal Description attached in Exhibit A (On file in the County Administrator's Office, Courthouse)

And

WHEREAS, it appears that there is need for such lands and the applicant desires to obtain such lands for conservation purposes;

NOW, THEREFORE, BE IT RESOLVED, that the request of said Commissioner of Natural Resources of the State of Minnesota be approved and that the above described lands are hereby released from the trust in favor of the taxing district to the State of Minnesota, Department of Natural Resources.

The motion carried. 2000-35

Commissioner Barnes moved and Commissioner Bennett seconded the motion to appoint for a two year term, Ms. Jane Schuck, principal of School District #77 Dakota Meadows Middle School, to the educational administrator position on the Community Corrections Advisory Board. The motion carried. 2000-36

Mr. Steve Durkee, U. S. Fish and Wildlife Services, and Mr. Terry Schreiner, Minnesota Valley Refuge, presented the following item for the Boards consideration.

Mr. Raymond Riewe, Pleasant Mound Township Chairperson, raised questions in regards to the taxes on the property.

After discussion, Commissioner Barnes moved and Commissioner Bennett seconded the motion to approve the transfer of the following property: In accordance with a Procedural Agreement between the Minnesota Department of Natural Resources and the U.S. Fish and Wildlife Service, dated May 23, 1962, certification by the County Board of Commissioners for acquisition of lands by the U.S. Fish and Wildlife Service is requested.

Representatives of the U.S. Fish and Wildlife Service met with the Board of Commissioners of Blue Earth County, State of Minnesota, on January 18, 2000, and informed the Commissioners that a purchase agreement has been secured from Meng Fong Lim and Jean L. Lim, husband and wife, on the following-described lands:

The County Board of Commissioners considered the above request for acquisition by the U. S. Fish and Wildlife Service and the Board's decision is as follows: Certified for Acquisition.

The motion carried. 2000-37

Commissioner McLaughlin joined the board.

7. MINNESOTA INVESTMENT FUND GRANT PUBLIC HEARING

Pursuant to publication, a public hearing was held for the submission and filing of an application for a Minnesota Investment Fund Grant from the Minnesota Department of Trade and Economic Development.

The public hearing was opened for public comments by Chairperson Landkamer at 10:54 a.m., January 18, 2000.

Mr. Roger Guenette, Advance Resources, Mr. John Romnes, President, and Mr. Rick Golish, Chief Financial Officer of Minnesota Elevator, Inc., gave an overview of the project. The grant will be used to provide a loan to Minnesota Elevator, Inc., in order to promote a fixed asset expansion and creation of new employment opportunities in McPherson Township.

After discussion, Commissioner Bennett moved and Commissioner More seconded the motion to submit the grant application:

BE IT RESOLVED that Blue Earth County act as the legal sponsor for project(s) contained in the Business and Community Development Application to be submitted on January 19, 2000 and that Chairperson Colleen Landkamer and County Administrator Dennis McCoy are hereby authorized to apply to the Department of Trade and Economic Development for funding of this project on behalf of Blue Earth County.

BE IT FURTHER RESOLVED that Blue Earth County has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate construction, operation, maintenance and replacement of the proposed project for its design life.

BE IT FURTHER RESOLVED that Blue Earth County has not incurred any costs and has not entered into any written agreements to purchase property.

BE IT RUTHER RESOLVED that Blue Earth County has not violated any Federal, State, or local laws pertaining to fraud, bribery, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice.

BE IT FURTHER RESOLVED that upon approval of its application by the state, Blue Earth County, may enter into an agreement with the State of Minnesota for the above-referenced project(s), and that Blue Earth County certifies that it will comply with all applicable laws and regulations as stated in all contract agreements and described on the Compliance Section (S-7) of the Business and Community Development Application.

AS APPLICABLE, BE IT FURTHER RESOLVED that Blue Earth County has obtained credit reports and credit information from Minnesota Elevator, Inc. and Owner John Romnes. Upon review by Blue Earth County and County Attorney Ross Arneson, no adverse findings or concerns regarding, but not limited to, tax liens, judgements, court actions, and filings with state, federal and other regulatory agencies were identified. Failure to disclose any such adverse information could result in revocation or other legal action.

NOW, THEREFORE BE IT RESOLVED that Chairperson Colleen Landkamer and County Administrator Dennis McCoy, or their successors in office, are hereby authorized to execute such agreements, and amendments thereto, as are necessary to implement the project(s) on behalf of the applicant.

Chairperson Landkamer officially closed the public hearing at 11:25 a.m., January 18, 2000. A transcript of this hearing is on file at the County Administrator's Office, Courthouse, Mankato, MN.

Mr. Bob Meyer, Human Services Director, presented the following items for the Boards consideration.

Commissioner More moved and Commissioner Bennett seconded the motion to approve the following Human Service items:

Renewal of a host-county contract with Immanuel-St. Joseph's/Mayo Health Systems to provide inpatient and outpatient chemical dependency treatment services for CY2000.

Renewal of a purchase-of-service agreement with Gerard Treatment Programs to provide in home family-based and mental health services for CY2000.

Renewal of an agreement with Lutheran Social Service to provide guardianship services for CY2000.

Renewal of an agreement with Dr. Angelo Llana to provide psychiatric services for CY2000 and CY2001.

Renewal of a host-county agreement with House of Hope to provide halfway house services under the Consolidated Chemical Dependency Fund. This is a two-year contract for CY2000 and CY2001.

Agreement with Fountain Lake Treatment Center/Albert Lea Medical Center for a detoxification program. This agreement shall be for overflow from the New Ulm Detox only.

Commissioner Barnes moved and Commissioner More seconded the motion to appoint the following youth to Human Service Task Forces:

Commissioner Barnes moved and Commissioner Bennett seconded the motion to appoint Human Services staff to the following Community Boards, to ensure the staff's participation in the activities associated with these external boards be covered under our liability insurance policy:

Approval of a Day Training and Habilitation (DT & H) application for need determination of services for Lifeworks. Lifeworks is a DT & H provider interested in starting a new program in Blue Earth County which would bridge some of the current gaps in the system.

The meeting recessed at 12:00 p.m.
The meeting reconvened at 1:30 p.m.

9. FINAL HEARING ON COUNTY DITCH #36

Pursuant to publication, a public hearing was held for the Acceptance of Contract on the Ted Goettl Petition for the Improvement of County Ditch #36 of Blue Earth County.

Mr. Craig Austinson, Ditch Manager, went over the jurisdictional documentation. Mr. Chad Surprenant, I & S Engineers & Architects, read and filed the Engineer's report showing that the contractor has completed the job of constructing said ditch in accordance with the plans and specifications and recommends final payment. Public comments were heard from: Mr. Ted Goettl, Mr. Roger Stokes, Butternut Valley Township Board; Mr. Leroy Olson, Mr. Greg Mikkelson; Mr. Darrell Hylen, Mr. Tom Brunz, Brunz Construction; Mr. Brad Leiding; Mr. John Engles, Mr. Calvin Tate, Mr. Kent William, Mr. Kurt Deter, Attorney representing the petitioners; Ms. Katy Wortel; Mankato Township and Mr. Bill Hughes. Chairperson Landkamer closed the public comment period.

Commissioner Bennett moved and Commissioner More seconded the motion to award the revised damages as proposed. The motion carried. 2000-43 Commissioner Barnes moved and Commissioner More seconded the motion to accept the project and make final payment to Brunz Construction for the improvement of County Ditch #36. The motion carried. Chairperson Landkamer closed the public hearing at 2:45 p.m. 2000-44

10. HUMAN SERVICES WORKSHOP Mr. Bob Meyer, Human Services Director, presented information outlining the goals each unit within the Human Services Department has established for calendar year 2000. The Department has embarked on a goal-setting process whereby each unit will maintain a list at all times of three primary goals. These goals will serve as a guide for the activities of the units throughout the year. Administrative staff will review the goals quarterly and provide support to one another to ensure the goals are achieved. Commissioner Bennett moved and Commissioner More seconded the motion to adjourn at 3:45 p.m. to attend a meeting with the Area Legislators. 2000-45

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1-04-2000