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

April 18, 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 Barnes moved and Commissioner Bennett seconded the motion to approve the amended Agenda to include Award Environmental Services Vehicle Quote, Internet Tax Resolution and Payment to Gustafson Drainage for Repair Work on JD#15/CD#28. The motion carried. 2000-139

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 Bennett moved and Commissioner McLaughlin seconded the motion to approve the April 18, 2000 Board Minutes. The motion carried. 2000-140
Commissioner Barnes moved and Commissioner Bennett seconded the motion to approve the following Bills:
Bills for the Week of April 10-14, 2000
Grand Total $796,312.52
Bills for the Week of April 17-21, 2000
Grand Total $1,090,474.15
The motion carried. 2000-141
Commissioner More moved and Commissioner Bennett seconded the motion to approve the following Personnel items:
Employment of Joshua Milow, Probation Officer (Juvenile Transitional Caseload) (C42), with a starting salary of $15.68 per hour effective April 24, 2000. (Community Corrections)

Retirement of Donna Pitek, Financial Assistance Specialist (B23) effective June 2, 2000. (Human Service)

Authorization to initiate recruitment for a Financial Assistance Specialist (B23). (Human Service)

Resignation of Patty Neubert, Public Health Nurse (Adult Health Programs) (C42) effective May 11, 2000. (Human Service)

Authorization to initiate recruitment for a Public Health Nurse (Adult Health Programs) (C42). (Human Service)

Voluntary reduction of hours for Jan Derksen-Roth, Public Health Nurse (C42) from 1 FTE to .8 FTE effective June 5, 2000. (Human Service)

Employment of Ann Kamphenkel, Social Worker (Child Protection Specialist) (C42), with a starting salary of $15.68 per hour effective April 27, 2000. (Human Service)

Employment of Dawn Johnson, Custody Officer (B23), with a starting salary of $12.09 per hour effective April 22, 2000. (Sheriff)

Employment of Melissa Bonnell, Custody Officer (B23), with a starting salary of $12.09 per hour effective April 23, 2000. (Sheriff)

Employment of Toby Lewis, Custody Officer (B23), with a starting salary of $12.09 per hour effective April 24, 2000. (Sheriff)

Employment of Joslyn Peterson, Custody Officer (part-time) (B23), with a starting salary of $12.09 per hour effective May 6, 2000. (Sheriff)

Employment of Sara Purvis, Custody Officer (part-time) (B23), with a starting salary of $12.09 per hour effective May 7, 2000. (Sheriff)

The motion carried. 2000-142 (Adjust Budgets Accordingly)

Commissioner Bennett moved and Commissioner Barnes seconded the motion to approve a Temporary On-Sale Liquor License to Educare Foundation for May 12, 2000 at the Mankato Golf Club, Mankato Township. The motion carried. 2000-143
Commissioner Barnes moved and Commissioner More seconded the motion to approve a Minnesota Lawful Gambling Application for Exempt Permit LG220 to Lura Lake Association to hold a raffle on May 20, 2000 at Daly Park. The motion carried. 2000-144
Commissioner Barnes moved and Commissioner McLaughlin seconded the motion to approve the Annual County Boat and Water Safety Agreement with the State of Minnesota in the amount of $8,573.00 for January 1, 2000 through December 31, 2000. The motion carried. 2000-145 (Adjust Budgets Accordingly)
Commissioner Bennett moved and Commissioner Barnes seconded the motion to approve a renewal Off-Sale 3.2 Malt Liquor License to D&R Marketing d/b/a LeHillier Quick Mart, South Bend Township; On-Sale/Off-Sale 3.2 Malt Liquor Licenses to Brenda Thorson d/b/a Preri Bach Saloon & Grill, Cambria Township and to Beverly Martens d/b/a Last Chance, South Bend Township, along with a Renewal of Consumption and Display Permit to the Last Chance. The motion carried. 2000-146
The March 31, 2000 Financial Status Report was presented to the Board as an informational item.
Commissioner Barnes moved and Commissioner McLaughlin seconded the motion to accept the low quote of $12,818.77 from Clements Auto, Mankato, MN, for a 2000 full-size one-half ton 4-wheel drive pickup for Environmental Services. The motion carried. 2000-147

4. PLANNING AND ZONING
Mr. Veryl Morrell, Land Use & Natural Resources Administrator and Mr. Scott Salsbury, Land Use Planner, presented the following Planning and Zoning items.
Pursuant to publication, a public hearing was held to amend the official land use map of Blue Earth County by re-zoning 7.36 acres (Minnesota Elevator) in the McPherson Township, from A-1, Agricultural Zoned District, to L-1, Light Industrial Zoned District. The public Hearing was opened for public comments by Chairperson Landkamer at 9:30 a.m., April 18, 2000. No public comments were made.
After discussion, Commissioner More moved and Commissioner Barnes seconded the motion to approve the following:

RESOLUTION AMENDING THE OFFICIAL LAND USE MAP OF BLUE EARTH COUNTY BY RE-ZONING 7.36 ACRES (MINNESOTA ELEVATOR) IN THE SE 1/4 OF THE NW 1/4, SECTION 5, MCPHERSON TOWNSHIP, FROM A-1, AGRICULTURAL ZONED DISTRICT, TO L-1, LIGHT INDUSTRIAL ZONED DISTRICT

WHEREAS, Minnesota Elevator Inc., Owner of the following property in the County of Blue Earth, to wit:

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.

has requested that the referenced property be re-zoned from A-1, Agricultural Zoned District to L-1, Light Industrial Zoned District to permit creation of a Tax Increment Financing District and expansion of the existing industrial facility; and,

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 Planning Commission of the County on the 1st Day of March, 2000, following proper notice held a public hearing regarding adoption of the proposed Map Amendment (PC 04-00), and after taking testimony and considering 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 18^th Day of April, 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. The proposed re-zone will serve, to the extent possible, to enable the existing non-conforming industry to be brought into compliance with the Blue Earth County Land Use Plan.

2. The proposed re-zone will not affect the density of the area since Minnesota Elevator is an existing industry which grew on the proposed site. The re-zone will not permit the creation of additional residential or industrial lots.

3. 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.

4. The re-zone is being proposed to deal with land use and other issues which have come to the forefront because of changing physical conditions at the site due to the expansions which have occurred over time.

5. Approval of the re-zone request will be tied to a Conditional Use Permit granted by the Blue Earth County Board of Commissioners which addresses and resolves concerns of staff and fire officials pertaining to provision of potable water and on-site waste water treatment, storm water run-off, parking, disposal of used and generated materials, handicapped accessibility, and fire suppression/life-safety issues.

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 referenced MEI property from A-1, Agricultural Zone District to L-1, Light Industrial Zoned District is hereby adopted.

Said re-zone shall only be valid upon issuance of a Conditional Use Permit by the Blue Earth County Board of Commissioners which addresses and resolves concerns of staff and fire officials pertaining to provision of potable water and on-site waste water treatment, storm water run-off, parking, disposal of used and generated materials, handicapped accessibility, and fire suppression/life-safety issues. Said map amendment shall be effective on the same date as the conditional use permit, that being no earlier than 30 days after the date of passage and publication of the map amendment.

The motion carried. 2000-148
Chairperson Landkamer officially closed the public hearing at 9:40 a.m., April 18, 2000. A transcript of this hearing is on file at the County administrator’s Office, Courthouse, Mankato, MN.
Ms. Adeline Davis, New Ulm, made comments on the next request.
After discussion, and amending condition #4 for maintaining CR 101 as determined by the County Engineer, Commissioner Bennett moved and Commissioner Barnes seconded the motion to approve the following:

RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO ESTABLISH A GRAVEL MINING OPERATION, WITH OPTIONS TO STORE AND CRUSH RECYCLED BITUMINOUS AND CONCRETE IN AN A-1, AGRICULTURAL ZONED DISTRICT, IN THE SE 1/4 OF SECTION 18 AND THE NE 1/4 OF SECTION 19, CAMBRIA TOWNSHIP

WHEREAS, Paul Roberts, owner the following real estate in the County of Blue Earth to wit:

The SE1/4 of the SW 1/4 Section 18 and the NE 1/4 of the NW1/4 of Section 19, T109W, R 29N,

has requested a Conditional Use Permit to establish a gravel mine and store and crush recycled bituminous and concrete in an A-1, Agricultural Zoned 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 07-00), a copy of said report has been presented to the County Board; and,

WHEREAS, the Planning Commission of the County on the 1st Day of March, 2000, following proper notice held a public hearing regarding the request and, following the hearing, continued the meeting until March 10, 2000, to allow members to personally visit the site to obtain additional information to assist in the determination as to whether the conditional use permit should be granted; and,

WHEREAS, following a site visit to the Robert’s property on March 10, 2000, the Planning Commission of the County reconvened the public hearing on the 5th Day of April, 2000, and took additional testimony. Following consideration of the additional information the planning commission voted unanimously to forward a recommendation for approval of the request to the County Board of Commissioners; 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 to approve a Conditional Use Permit to establish a mining operation and to permit storage and crushing of bituminous and concrete materials in an A-1, Agricultural Zoned District is hereby granted contingent upon the following conditions:

1. The mining operation and storing and crushing of recycled concrete and bituminous materials shall be conducted in compliance with the laws of the State of Minnesota, the Federal Government, and Blue Earth County.
   

1. The primary haul road from the pit shall be Blue Earth County Road 101
   

RESOLUTION APPROVING A TWO LOT FINAL PLAT TO BE KNOWN AS DAUK RURAL DEVELOPMENT, LOCATED IN AN A-1, AGRICULTURAL ZONED DISTRICT, IN THE NW 1/4 OF THE NW 1/4 OF SECTION 17, LERAY TOWNSHIP

WHEREAS, Thomas and Sharon Dauk, owner of the real estate encompassed within the boundaries of the plat known as Dauk Rural Development, in the County of Blue Earth, have requested approval of a final plat for the referenced property in an A-1, Agricultural Zoned 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 08-00), a copy of said report has been presented to the County Board; and,

WHEREAS, the Planning Commission of the County on the 5^th Day of April, 2000, following proper notice held a public hearing regarding the request and, following the hearing, voted unanimously to forward a recommendation for approval of the request to the County Board of Commissioners; and,

WHEREAS, the Blue Earth County Board of Commissioners finds:

1. The proposed subdivision conforms with the Land Use Plan.

2. The proposed subdivision is consistent with the land use of the contiguous land.

3. The soil conditions are adequate to support the proposed use.

4. Adequate utilities, access roads, parking, drainage, and other necessary facilities have been or are being provided.

5. The proposed subdivision will not degrade the water quality of the County.

6. The proposed subdivision will not be injurious to the use and enjoyment of other property in the immediate vicinity for purposes already permitted.

1. The proposed subdivision will not impede the normal and orderly development and improvement of surrounding vacant property for the predominant uses in the area.
   

RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO TRANSFER RESIDENTIAL DEVELOPMENTS FROM THE NE 1/4 OF THE NE 1/4 OF SECTION 6, MEDO TOWNSHIP TO THE SW 1/4 OF THE NW 1/4 OF SECTION 5, MEDO TOWNSHIP TO PERMIT CONSTRUCTION OF A SECOND DWELLING IN AN A-1, AGRICULTURAL ZONED DISTRICT

WHEREAS, John and Nedra Ward, owner the following real estate in the County of Blue Earth to wit:

Southeast Quarter of the Northeast Quarter, Section 6, Medo Township and the Southwest Quarter of the Northwest Quarter, Section 5, Medo Township,

have requested a Conditional Use Permit to transfer development rights from the Southeast Quarter of the Northeast Quarter of Section 6, Medo Township, owned by the applicants, to an adjacent quarter quarter section in the Southwest Quarter of the Northwest Quarter of Section 5, Medo Township, also owned by the applicants; and,

WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC 10-00), a copy of said report has been presented to the County Board; and,

WHEREAS, the Planning Commission of the County on the 5^th Day of April, 2000, following proper notice held a public hearing regarding the request and, following the hearing, voted unanimously to forward a recommendation for approval of the request to the County Board of Commissioners; and,

WHEREAS, the Blue Earth County Board of Commissioners finds:

1. That the proposed use conforms with the County Land Use Plan.

2. That the proposed use will not degrade the water quality of the County.

3. That the proposed use will not adversely increase the quantity of water runoff.

4. That soil conditions are adequate to accommodate the proposed use.

1. That the proposed use does not create a potential pollution hazard.
   

1. That adequate utilities, access roads, drainage and other necessary facilities have been or are being provided.
   

RESOLUTION GRANTING A
CONDITIONAL USE PERMIT
TO TRANSFER A DEVELOPMENT RIGHT
FROM THE NW 1/4 OF THE NW 1/4, SECTION 25, LERAY TOWNSHIP
TO THE NE 1/4 OF THE NW 1/4, SECTION 25, LERAY TOWNSHIP

WHEREAS, Elden and Merry Stanke, owners of the following real estate in the County of Blue Earth, Minnesota, to wit:

Government Lot One, and that portion of Government Lot Two Described as Follows:

Commencing at a Point at the Southwest Corner of the Northeast Quarter of the Northwest Quarter of Section 25, Township 108, Range 15, thence South to the shore of Alice Lake, thence Northwesterly along the lake shore to the South line of the Northwest Quarter of the Northwest Quarter of Said Section 25, thence East to the place of Beginning, all in Section 25, Township 108, Range 25, Blue Earth County, Minnesota.

have signed a written agreement transferring residential development rights to Matt Richardson; and

WHEREAS, Matt Richardson has applied for a Conditional Use Permit to Transfer Development Rights from the Northwest Quarter of the Northwest Quarter, Section 25, LeRay Township to the Northeast Quarter of the Northwest Quarter Section 25, LeRay Township, an Agricultural 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 12-00 ), 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 April, 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

11. That the Notification Amendment to the Agricultural District States : “Owners of property, residents, other users of property in the agricultural zone, and neighboring properties adjacent to the agricultural zone may be subjected to inconvenience or discomfort arising from normal and accepted agricultural practices and operations including, but not limited to; noise, odors, dust, operation of aircraft and late night operation of farm machinery, the storage and application of manure, fertilizers, soil amendments, herbicides, and pesticides associated with normal agricultural operations.

Owners of Property, residents, other users of property in the agricultural zone, and neighboring properties to the agricultural zone, should be prepared to accept such inconveniences or discomfort from normal operations, and are hereby put on official notice, pursuant to MN Statutes, Chapter 561.19, that this declaration may prevent them from obtaining a legal judgement against such normal operations.”

NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of Commissioners, that the request for a Conditional Use Permit, to Transfer Development Rights in an Agricultural Zoning District, is granted with the following conditions:

1. The applicant must subdivide and record all divisions of land in accordance with the provisions of the County Subdivision Ordinance.

2. That the proposed dwelling must meet all required setbacks.

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

The motion carried. 2000-152

Commissioner Bennett moved and Commissioner More seconded the motion to approve the following Conditional Use Permit:

RESOLUTION GRANTING A
CONDITIONAL USE PERMIT
TO TRANSFER A DEVELOPMENT RIGHT
FROM THE NE 1/4 OF THE SW 1/4, SECTION 27, LERAY TOWNSHIP
TO THE SE 1/4 OF THE SW 1/4, SECTION 27, LERAY TOWNSHIP

WHEREAS, Warren Riese and Betty Riese, owners of the following real estate in the County of Blue Earth, Minnesota, to wit:

The Southeast Quarter of the Northwest Quarter and the East Half of the Southwest Quarter of Section 25, LeRay Township, Township 108, Range 25, Blue Earth County Minnesota.

and Tim Riese have applied for a Conditional Use Permit to Transfer Development Rights from the Northeast Quarter of the Southwest Quarter, Section 27, LeRay Township to the Southeast Quarter of the Southwest Quarter Section 27, LeRay Township, an Agricultural 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 13-00 ), a copy of said report has been presented to the County Board; and

WHEREAS, the Planning Commission of the County on the 5^th day of April, 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 the Transfer of Development Rights conforms with the County Land Use Plan.

2. That the Transfer of Development Rights will not degrade the water quality of the County.

3. That the Transfer of Development Rights will not adversely increase the quantity of water runoff

4. That soil conditions are adequate to accommodate the Transfer of Development Rights.

5. That the Transfer of Development Rights does not create a potential pollution hazard.

6. That adequate utilities, access roads, drainage and other necessary facilities have been or are being provided.

7. That the Transfer of Development Rights 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 Transfer of Development Rights will not impede the normal and orderly development and improvement of surrounding vacant property for predominant uses in the area.

9. That site specific conditions and such other conditions are established as required for the protection of the public’s health, safety, morals, and general welfare.

1. That the intensity of the proposed residential development is not greater than the intensity allowed in the Agricultural Zoning District.
   

11. That the Notification Amendment to the Agricultural District States: “Owners of property, residents, other users of property in the agricultural zone, and neighboring properties adjacent to the agricultural zone may be subjected to inconvenience or discomfort arising from normal and accepted agricultural practices and operations including, but not limited to; noise, odors, dust, operation of aircraft and late night operation of farm machinery, the storage and application of manure, fertilizers, soil amendments, herbicides, and pesticides associated with normal agricultural operations.

Owners of Property, residents, other users of property in the agricultural zone, and neighboring properties to the agricultural zone, should be prepared to accept such inconveniences or discomfort from normal operations, and are hereby put on official notice, pursuant to MN Statutes, Chapter 561.19, that this declaration may prevent them from obtaining a legal judgement against such normal operations.”

NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of Commissioners, that the request for a Conditional Use Permit, to Transfer Development Rights in an Agricultural Zoning District, is granted with the following condition:

1. The applicant must divide and record all divisions of land in accordance with the provisions of the County Subdivision Ordinance.

1. That the new dwelling must meet all required setbacks.
   

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

The motion carried. 2000-153

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

RESOLUTION GRANTING A
CONDITIONAL USE PERMIT TO TRANSFER A DEVELOPMENT RIGHT
FROM THE NE 1/4 OF THE NE 1/4 OF SECTION 31, BEAUFORD TOWNSHIP
TO THE SE 1/4 OF THE NE 1/4 OF SECTION 31, BEAUFORD TOWNSHIP

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

East Half of the Northeast Quarter Section 31, Township 106, Range 26 except that certain tract or parcel of land lying within the Southeast Quarter of the Northeast Quarter of Section 31, Township 106, Range 26 West circumscribed as follows to wit: Commencing at a point on the East line of the Northeast Quarter of Section 31, Township 106 North, Range 26 West, said point being 240 feet North of the Southeast corner of the said Northeast Quarter of said Section 31, Township 106, Range 26; thence running West a distance of 270 feet; thence North 403.33 feet; thence East 270 feet to the East line of the said Northeast Quarter of said Section 31, Township 106, Range 26; thence South on line a distance of 403.33 feet to the place of beginning containing 2.5 acres.

have applied for a Conditional Use Permit to Transfer a Residential Development Right from the Northeast Quarter of the Northeast Quarter of Section 31, Beauford Township to the Southeast Quarter of the Northeast Quarter of Section 31, Beauford Township in the Agricultural District.

WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC 14-00), 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 April 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:

1. That the proposed use conforms with the County Land Use Plan.

1. That the Conditional Use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted.
   

RESOLUTION GRANTING APPROVAL
OF THE PRELIMINARY AND FINAL PLAT
OF HANSON FARM SUBDIVISION
SECTION 31, BEAUFORD TOWNSHIP

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

Commencing at the East Quarter Corner of Section 31; thence North 00 degrees 00 minutes 00 seconds East (assumed bearing) along the east line of the Northeast Quarter of Section 31 a distance of 643.33 feet to the point of beginning; thence continuing North 00 degrees 00 minutes 00 seconds East, along the said east line, the same being the centerline of County Road No. 162, a distance of 342.00 feet; thence South 90 degrees 00 minutes 00 seconds West, 199.84 feet; thence South 00 degrees 00 minutes 00 seconds West, 62.45 feet; thence South 90 degrees 00 minutes 00 seconds West, 70.16 feet; thence South 00 degrees 00 minutes 00 seconds West, 279.55 feet; thence North 90 degrees 00 minutes 00 seconds East, 270.00 feet to the point of beginning. Containing 1.63 acres.

has requested approval of the preliminary and final plat of Hanson Farm Subdivision; and

WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC 15-00), 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 April 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:

1. The proposed subdivision meets the minimum standards of the County Zoning Ordinance and Subdivision Ordinance.

1. That the density of the proposed development is not greater than the density of the
   

1. The proposed subdivision will not impede the normal and orderly development and
   

RESOLUTION GRANTING FINAL PLAT APPROVAL FOR A ONE LOT- ONE OUTLOT SUBDIVISION TO BE KNOWN AS URBAN SUBDIVISION, LOCATED IN A C-1, CONSERVATION ZONED DISTRICT, IN THE SE 1/4 OF THE SW 1/4 OF SECTION 12, PLEASANT MOUND TOWNSHIP

WHEREAS, Daniel, Martin, and Lorraine Tonn, owners of the real estate encompassed within the boundaries of the plat known as Urban Subdivision, in the County of Blue Earth, have requested approval of a final plat for the referenced property in a C-1, Conservation Zoned 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 17-00), a copy of said report has been presented to the County Board; and,

WHEREAS, the Planning Commission of the County on the 5^th Day of April, 2000, following proper notice held a public hearing regarding the request and, following the hearing, voted unanimously to forward a recommendation for approval of the request to the County Board of Commissioners; and,

WHEREAS, the Blue Earth County Board of Commissioners finds:

1. The proposed subdivision conforms with the Land Use Plan.

2. The proposed subdivision is consistent with the land use of the contiguous land.

3. The soil conditions are adequate to support the proposed use.

4. Adequate utilities, access roads, parking, drainage, and other necessary facilities have been or are being provided.

5. The proposed subdivision will not degrade the water quality of the County.

6. The proposed subdivision will not be injurious to the use and enjoyment of other property in the immediate vicinity for purposes already permitted.

7. The proposed subdivision will not impede the normal and orderly development and improvement of surrounding vacant property for the predominant uses in the area.

RESOLUTION ON DELAYING CONGRESSIONAL ACTION ON
INTERNET TAX MORATORIUM

WHEREAS, out-of-state remote sellers who conduct sales via the Internet, mail order, and phone are not required by law to collect existing sales and use taxes imposed by state and local governments; and

WHEREAS, the primary barrier to collecting taxes on remote sales is the Supreme court's ruling in Quill V North Dakota which defers to Congress to authorize states to require remote sellers to collect taxes in a manner that does not unduly burden Interstate commerce; and

WHEREAS, state and local governments are working together to implement a streamlined sales tax system that would simplify definitions, tax rates and tax bases and use 21st Century technology in the collection process; and

WHEREAS, current laws create a competitive disadvantage and great inequities between merchants who sell from traditional "brick- and -mortar" establishments and those who sell from electronic stores; and

WHEREAS, increasing sales on the Internet, and the resulting erosion of sales and use tax revenues, will limit the ability of states, local governments and school districts to finance essential public services such as police, fire, emergency medical service, education, social services, infrastructure development, and healthcare; and

WHEREAS, a recent University of Tennessee study estimates that state sales tax revenue losses in 2003 will exceed $10 billion; and

WHEREAS, the Advisory Commission on Electronic Commerce failed to reach a legally required consensus on fair and equitable treatment of both remote sellers and "Main Street" retailers and also proposed that Congress preempt state and local sovereignty guaranteed by the U. S. Constitution:

THEREFORE BE IT RESOLVED, that Blue Earth County supports simplification of state and local sales taxes, and urges states to move expeditiously to develop and approve model simplification legislation; and

BE IT FURTHER RESOLVED, that Congress should not extend or expand the current moratorium until its expiration in October 2001; and

BE IT FINALLY RESOLVED, that if state and local governments choose to negotiate a brief extension of the existing moratorium as part of a broader bill, such an extension: Should only be effective for a short period of time (no more than two years); and Must be linked to states' successfully implementing sales tax simplification, which would trigger Congressional authorization of expanded duty to collect use taxes on remote sales.

The motion carried. 2000-160
Commissioner Bennett moved and Commissioner More seconded the motion to approve the payment of $53,605.97 to Gustafson Drainage for repair work on Judicial Ditch #15 and County Ditch #28. The motion carried. 2000-161
Commissioner Bennett moved and Commissioner McLaughlin seconded the motion to adjourn the Board Meeting at 12:15 p.m. The motion carried. 2000-162

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4-18-2000