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

February 22, 2000

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 Barnes seconded the motion to approve the amended Agenda to include a Revised Personnel Agenda, Adjustment to the Levy on County Ditch #9 and Delete Agenda Item #8 the Preliminary Hearing on Judicial Ditch #9, which will be held on March 14, 2000. The motion carried. 2000-62

ORDINANCE REPLACING THE BLUE EARTH COUNTY SHORELAND ORDINANCE ADOPTED DECEMBER 17, 1991, WITH A NEW DOCUMENT TITLED BLUE EARTH COUNTY SHORELAND ORDINANCE , CHAPTER 110

1. The Shoreland Ordinance of Blue Earth County is adopted pursuant to authority contained in Minnesota Statutes, Chapter 103G, The Shoreland Management Act, and Minnesota Statutes, Chapter 394, commonly known as the Minnesota County’s Planning and Zoning Enabling Legislation, which authorizes Counties to adopt official controls to protect the public health, safety, and welfare.

2. The New Blue Earth County Comprehensive Development Plan adopted by the Board of Commissioners on June 30, 1998 directed planning department staff, the planning commission, and the County Board to evaluate existing Shoreland regulations and make Ordinance amendments to reflect the Goals and Policies identified and articulated in the Land Use Plan and Comprehensive Water Plan.

3. The Shoreland Ordinance was amended to address those issues identified by County departments with input from other agencies and citizens participating in the land use planning process. The intent of the Ordinance revision is to better protect the public health, safety and general welfare of the public. This Revision is meant to better preserve and enhance the quality of surface water by protecting public waters from pollution, providing for the wise subdivision, use and development of shorelands of public waters and related land resources, and to protect the local tax base by conserving the economic and natural environmental values of shorelands.

NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of Commissioners, that the Blue Earth County Shoreland Ordinance, dated February 22, 2000, is hereby adopted.

The Shoreland Ordinance, Chapter 110, shall become effective 30 days after passage and publication.

The motion carried.

RESOLUTION AMENDING THE OFFICIAL LAND USE MAP OF BLUE EARTH COUNTY BY RE-ZONING LAKEVIEW HEIGHTS SUBDIVISION NUMBER 2, LOCATED IN THE NE 1/4 OF THE SW 1/4, SECTION 2, LERAY TOWNSHIP, FROM C-1, CONSERVATION ZONED DISTRICT, TO R-1, RURAL RESIDENCE ZONED DISTRICT

WHEREAS, Minnesota Statutes, Chapter 394, commonly known as the County Planning and Zoning Enabling Legislation, gives County Boards the authority to adopt Official Controls to protect the public health, safety, and welfare; and,

WHEREAS, the Blue Earth County Planning Department and LeRay Township requested that all property contained within the boundaries of Lakeview Heights Subdivision Number 2, be re-zoned from C-1, Conservation Zoned District to R-1, Rural Residence Zoned District on behalf of the landowners within the subdivision, to permit properties to be developed to the same standards as lots in Lake View Heights, an adjacent subdivision with similar sized lots and similar land uses; and,

WHEREAS, the Planning Commission of the County on the 5^th Day of January, 2000, following proper notice held a public hearing regarding adoption of the proposed Map Amendment, and after taking testimony and considering citizens concerns the Planning Commission voted unanimously to forward a request to the County Board recommending approval of the proposed re-zone; and,

WHEREAS, the Blue Earth County Board of Commissioners on the 22nd Day of February, 2000, following proper notice held a public hearing regarding the proposed Map Amendment, and following consideration of testimony, voted to approve the re-zone; and,

WHEREAS, the Blue Earth County Board of Commissioners finds:

1. Minnesota Statutes, Chapter 394, commonly known as the Minnesota County’s Planning and Zoning Enabling Legislation, authorizes Counties to adopt official controls to protect the public health, safety, and welfare.

2. The proposed re-zone does not conflict with the Blue Earth County Land Use Plan.

3. The proposed re-zone will not affect the density of the area since all of the lots in Lakeview Heights Subdivision Number 2 are existing lots of record, and must meet minimum requirements pertaining to provision of potable water and on-site waste water treatment. The re-zone will not permit the creation of additional residential lots.

4. The re-zone will not have a detrimental effect on neighboring properties, nor will it interfere with the ability of neighboring property owners to develop their properties for permitted uses in the neighboring zoning districts.

5. The re-zone being proposed by LeRay Township and Blue Earth County will correct a mistake made in 1977 when the north half of Section 2, LeRay Township was re-zoned from C-1 to R-1. Lakeview Heights Subdivision Number 2 should have been included in the re-zone to R-1 with Lakeview Heights Subdivision at that time to enable development of the lots in both subdivisions to the same zoning standards, since the lot sizes and uses are identical.

NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of Commissioners, that the amendment to the Official Land Use Map of Blue Earth County which re-zones the Lakeview Heights Subdivision No. 2 from C-1, Conservation Zoned District, to R-1, Rural Residence Zoned District is hereby adopted.

This amendment to the Official Land Use Map of Blue Earth County shall become effective 30 days after its passage and publication.

The motion carried. Chairperson Landkamer officially closed the public hearing at 10:35 a.m., February 22, 2000. A transcript of this hearing is on file at the County Administrator’s Office, Courthouse, Mankato, MN. 2000-64
Commissioner Bennett moved and Commissioner Barnes seconded the motion to set a hearing on April 18, 2000 at 9:30 a.m. to hear a request to amend the Official Land Use Map of Blue Earth County by re-zoning 7.36 acres (Minnesota Elevator) in the SE _ of the NW _, Section 5, McPherson Township, from A-1, Agriculture Zoned District, to L-1, Light Industrial Zoned District. The motion carried. 2000-65

RESOLUTION OF THE COUNTY BOARD OF THE COUNTY OF BLUE EARTH

REDEVELOPMENT PROJECT PLAN

WHEREAS, the County Board of Blue Earth County (herein called the Board) has held a public hearing to receive input regarding the establishment of the Blue Earth County MEI Redevelopment Project Plan as provided in a report, dated February 22, 2000 (herein called the Plan), and

WHEREAS, the Blue Earth County Planning Commission has reviewed the Plan and finds that the Plan conforms to the general plan for the development of the municipality as a whole.

THEREFORE, the County Board of Blue Earth County resolves:
1. That the areas described in said Plan are a Redevelopment Project within the meaning of Minnesota Statutes, Section 469.002, Subdivision 14, and are described and designated in Exhibit A (attached below).

1. That said Plan and Project will carry out the purpose and policy of the Housing and
   

This resolution shall become effective upon action by the Blue Earth County EDA to approve the Blue Earth County MEI Redevelopment Project.

The motion carried. 2000-66

RESOLUTION OF THE COUNTY BOARD OF THE COUNTY OF
BLUE EARTH APPROVING MEI TAX INCREMENT FINANCE
DISTRICT AND THE USE OF TAX INCREMENT FINANCING

WHEREAS, the County Board of Blue Earth County, Minnesota (the "County") has previously approved MEI Redevelopment Project (the "Project") and in connection therewith adopted a redevelopment program; and

WHEREAS, The County Board of the County of Blue Earth (herein called the "Board") has held a public hearing to receive input regarding the establishment of the MEI Tax Increment Finance District as provided in a report, dated February 22, 2000 (herein called the Plan), and

WHEREAS, It is desirable and in the public interest that the Board establish the MEI Tax Increment District and adopt a tax increment financing plan pursuant to Minnesota Statutes, Section 469, encompassing the area which is more particularly described in exhibit A attached hereto and made a part here of;

WHEREAS, The Plan sets forth the estimate of the fiscal and economic impact of tax increment financing on the net tax capacities of all taxing jurisdictions in which the District is located, and

WHEREAS, The McPherson Township Board has been notified of the public hearing for the review of the Plan Booklet, and

WHEREAS, The School Board of Independent School District No. 75 has been notified of the public hearing for the review of the Plan Booklet, and

WHEREAS, The County Board has received and considered the comments of the McPherson Township Board, and the School Board of School District No. 75, respecting the contents of the Plan Booklet, and

WHEREAS, The Board, on February 22, 2000, after having published notice of public hearing in the official newspaper, conducted a public hearing on the Plan Booklet and received public comments on the same;

NOW, THEREFORE, BE IT RESOLVED, by the Blue Earth County Board:

1. That it is hereby found and determined that there is a need for the Project activities in the Tax Increment District.

2. That it is hereby found and determined that the Project activities set forth in the Plan Booklet will establish, for the County of Blue Earth, the opportunity to prevent blight, promote redevelopment and promote economic development of underused land and enhance the tax base of the state.

3. That the Tax Increment District is an Economic Development District pursuant to Minnesota Statute 469.174, Subdivision 12. The basis for these determinations and qualifications being that the proposed development involves the expansion of a local manufacturer that will result in the creation of 25 new jobs and enhance the local tax base.

4. That it is hereby found and determined the proposed development, in the opinion of the Board, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the district permitted by the Plan.

5. That the tax increment financing plan will afford maximum opportunity, consistent with sound needs of the County as a whole, for the development of the Project by private enterprise.

6. That it is hereby found and determined that the tax increment financing plan set forth in the Plan Booklet conforms to the general plan for the development of the Project by private enterprise.

7. That the reasons and supporting facts for findings 3, 4, 5 and 6 as set forth on pages 5 and 6 of the Plan Booklet are by this reference confirmed and adopted.

8. Pursuant to Minnesota Statutes, Section 273.1399. Subdivision (6) (d), the County elects to make a qualifying local contribution to pay eligible project costs.

9. The County Administrator shall request the auditor of Blue Earth County to certify the original tax capacity and original local tax rate of the District approved by this resolution

10. That the County Administrator is hereby directed to file a copy of this resolution and a copy of the Plan Booklet with the Department of Revenue.

11. That the Board hereby states its intention to use all of the captured net tax capacity for purposes of tax increment financing as per the conditions set forth in the Plan Booklet.

12. That the Blue Earth County Board does hereby approve the MEI Tax Increment Finance District Plan.

This resolution shall become effective upon action by the Blue Earth County EDA to approve the Blue Earth County MEI Tax Increment Financing District Plan.

EXHIBIT "A"

TO

COUNTY BOARD RESOLUTION

The following boundaries comprise the Tax Increment Financing District:

Parcel # R45-15-05-100-010. That part of the South Half of the Northwest Quarter of Section 5, Township 107 North, Range 25 West, Blue Earth County, Minnesota described as: Commencing at a found square iron pipe at the Southeast corner of the Northwest Quarter of Section 5; thence North 00 degrees 00 minutes 00 seconds East (assumed bearing) on the East line of the Northwest Quarter, 430.00 feet to the point of beginning of the parcel to be described; thence continuing North 00 degrees 00 minutes 00 seconds East on said East line 640.00 feet; thence North 90 degrees 00 minutes 00 seconds West, 550.75 feet; thence South 00 degrees 00 minutes 00 seconds East, 640.00 feet; thence North 90 degrees 00 minutes 00 seconds East 550.75 feet to the point of beginning. Excepting therefrom the East 50.00 feet.

The motion carried. 2000-67

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2-22-2000