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

September 21, 1999

1. JOINT DITCH #10

Officials present included County Administrator David Twa, County Attorney Ross Arneson, Land Records Director Sandra King, Ditch Manager Craig Austinson and Brown County Auditor Marlin Helget and Brown County Attorney James Olson. The proceedings were tape-recorded.

Commissioner Berg moved and Commissioner More seconded the motion to appoint Commissioner Seeboth as the Chairperson of the Joint Ditch Authority.

The motion carried. 99-342

Commissioner Berg moved and Commissioner More seconded the motion to extend the lien on JD #10 for five years at 7% interest, effective November 15, 1999.

The motion carried. 99-343

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

RESOLUTION OF JOINT DITCH AUTHORITY OF BLUE EARTH COUNTY AND BROWN COUNTY

WHEREAS, from time to time each County has been requested to authorize repairs on that portion of joint ditches within their individual county, and

WHEREAS, it is often time consuming and expensive to call a meeting of the Joint Ditch Authority to authorize these small repairs, and

WHEREAS, both Counties wish to expedite the repairs of the joint ditches in as quick and cost effective method as possible,

NOW THEREFORE, BE IT RESOLVED, that the JOINT DITCH AUTHORITY OF BLUE EARTH COUNTY and BROWN COUNTY hereby authorizes the ditch authority in each county to make repairs to that portion of each of the joint ditches within their jurisdiction in an annual amount not to exceed $5,000 per occurrence and $20,000 per ditch per calendar year. Each County shall notify the other County’s Ditch Authority, by letter, of such repairs authorized and the cost of such repairs, as soon thereafter as the repair work has been authorized. Repairs in excess of $5,000 per occurrence and $20,000 per ditch per calendar year shall not be made without the authorization of a majority of the Joint Ditch Authority after due notice and a meeting of the Joint Ditch Authority.

The motion carried. 99-344

Commissioner More moved and Commissioner Berg seconded the motion to close the Public Hearing at 9:00 a.m.

The motion carried. 99-345

2. AGENDA REVIEW

The motion carried. 99-346

3. COMMISSIONERS’ REPORTS ON COMMITTEES

4. PLANNING AND ZONING

Commissioner Barnes moved and Commissioner McLaughlin seconded the motion to approve the following with an additional condition that repairs are made to any drain tiles that may be damaged and making that a standard condition to this type of request:

RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO ERECT TWO OFF-PREMISE ADVERTISING SIGNS IN THE SE 1/4 OF THE NW 1/4 OF SECTION 27, JUDSON TOWNSHIP

WHEREAS, Supreme Outdoor Advertising, Lessee, and Pondview Properties LLP, owner of the following real estate in the County of Blue Earth, Minnesota, to wit:

That part of the Southeast Quarter of the Northwest Quarter of Section 27, Township 108 North, Range 28 West described as: Commencing at the Center of Section 27; thence North 90 degrees 00 minutes 00 seconds West (bearings based on the South line of the Northwest Quarter having a bearing of South 89 degrees 50 minutes 28 seconds West), a distance of 775.50 feet to a point on the northerly right-of-way line of the Chicago and Northwestern Railroad; thence South 89 degrees 46 minutes 32 seconds West, 141.40 feet; thence North 00 degrees 56 minutes 30 seconds West, 525.00 feet to the point of beginning; thence North 89 degrees 46 minutes 32 seconds East, 692.88 feet to a point 100.00 feet northwesterly and perpendicular to the right-of-way line of the Chicago and northwestern Railroad; thence North 48 degrees 08 minutes 52 seconds East, 279.10 feet, more or less to a point 33.00 feet westerly of the east line of the Northwest Quarter to a point 100.00 feet northwesterly and perpendicular to the northerly right-of-way line of the Chicago and Northwestern Railroad; thence North 00 degrees 39 minutes 41 seconds East parallel to the East line of the Northwest Quarter, a distance of 77.13 feet; thence South 89 degrees 46 minutes 32 seconds West, 905.98 feet; more or less to a point which bears North 00 degrees 56 minutes 30 seconds West from the point of beginning; thence South 00 degrees 56 minutes 30 seconds East, 262.54 feet to the point of beginning. Contains 5.00 acres of land being subject to and together with any and all easements of record.

have applied for a Conditional Use Permit to erect two off-premise advertising ground signs north of State Highway 60 and the railroad right of way and west of CSAH 114 and

WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC 41-99 ), a copy of said report has been presented to the County Board; and

WHEREAS, the Planning Commission of the County on the 2nd day of June 1999, 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 off-premise signs conform with the County Land Use Plan.

2. That the proposed off-premise signs will not degrade the water quality of the County.

3. That the proposed off-premise signs will not adversely increase the quantity of water runoff.

4. That soil conditions are adequate to accommodate the proposed off-premise signs.

5. That the proposed off-premise signs do not create a potential pollution hazard.

6. That the off-premise signs will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted.

7. That the establishment of the off-premise signs will not impede the normal and orderly development and improvement of surrounding vacant property for predominant uses in the area.

8. That adequate measures have been or will be taken to control the lighted signs in such a manner that no disturbance to neighboring properties will result.

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

NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of Commissioners, that the request for a Conditional Use Permit to erect two off premise advertising signs in the Light Industrial District, is granted with the following conditions:

1. The source light for the purpose of illumination may be indirect or direct and shall not be directed in any way except into the advertising copy.

2. All signs shall be painted and maintained by the owner in a safe condition. A sign shall be repainted whenever its paint begins to fade, chip or discolor. The exposed uprights or superstructure shall be painted a single, neutral color.

3. The area around a ground-mounted off-premise signs shall be appropriately landscaped, kept free of weeds and other debris, and regularly maintained or mowed.

4. The signs shall be maintained without tears or rips at all times.

The applicant shall ensure that vandalism, graffiti, and tears or rips to the signs or support structures are properly repaired within 10 days.

The applicant shall conform with all setbacks and standards contained in the Blue Earth County Land Use Ordinance, Section 0100.1610, Off-Premise Signs which were effective on June 2, 1999.

The applicant shall obtain a Construction Permit prior to beginning construction on the sign.

That any tile lines damaged during construction must be repaired to their pre-construction condition.

9. Violations of any of the above conditions may lead to a review of the Conditional Use Permit by the Planning Commission and County Board of Commissioners.

10. The Conditional Use Permit shall be effective for a period of five years following County Board approval, until September 21, 2004. The applicant shall make application for review of the permit prior to August 1, 2004.

The motion carried. 99-347

Pursuant to publication, a public hearing was held to amend the official Zoning Ordinance Map re-zoning 6.3 acres from the Rural Townsite District to the Agricultural District in the northwest Quarter of the Southwest Quarter of Section 28, Jamestown Township. The public hearing was opened for public comments by Chairperson Bennett at 9:40 a.m., September 21, 1999. No public comments were made.

After discussion, Commissioner More moved and Commissioner Landkamer seconded the motion to deny the request:

RESOLUTION DENYING A REQUEST TO AMEND THE OFFICIAL LAND USE DISTRICT MAP REZONING 6.3 ACRES FROM THE RURAL TOWNSITE DISTRICT TO THE AGRICULTURAL DISTRICT SECTION 28, JAMESTOWN TOWNSHIP

WHEREAS, Dennis Lang and John Hager, owner of the following real estate in the County of Blue Earth, Minnesota, to wit:

The West 40 Acres of Government Lot 5 and all of Government Lot 6 excluding Hager’s Lake Ballantyne Subdivision and excluding 3.06 acres of County Highway Right-of-Way in Section 28, Jamestown Township T 109N , R25W.

have applied for an amendment to the Blue Earth County Official Zoning Map to rezone 6 acres from the Rural Townsite District to the Agricultural District in Section 28, Jamestown Township; and

WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC 60-99 ), a copy of said report has been presented to the County Board; and

WHEREAS, the Planning Commission of the County on the 4th day of August 1999, following proper notice, held a public hearing regarding the request and, following the hearing, adopted a recommendation that the request for an amendment to the Blue Earth County Official Land Use District Map be denied; and

WHEREAS, the Blue Earth County Board of Commissioners finds that:

1. That the proposed amendment to the Official Land Use District Map is inconsistent with the County Land Use Plan which has a goal stating that "for housing developments located in rural areas, to ensure that adequate separation exists between residential and non-residential uses."

2. Public necessity and the general welfare of the County do not require the Official Land Use District Map to be amended as required in Section 100.1901 Subpart 1 Initiation of an Amendment.

3. That the general character of the adjacent land use is residential.

4. That the proposed amendment to the Official Land Use District Map to allow an agricultural development is inconsistent with the character of the neighboring land uses.

NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of Commissioners, that the request for a map amendment to the Blue Earth County Official Land Use District Map from the Rural Townsite District to the Agricultural District is denied.

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

The motion carried. Chairperson Bennett officially closed the public hearing at 9:47 a.m., September 21, 1999. A transcript of this hearing is on file at the County Administrator’s Office, Courthouse, Mankato, MN. 99-348 Commissioners Mclaughlin and Bennett voted nay.

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

RESOLUTION GRANTING A 12 MONTH EXTENSION OF TIME FOR A CONDITIONAL USE PERMIT TO CONSTRUCT THREE TOTAL CONFINEMENT SWINE BARNS CREATING A NEW FEEDLOT 1,920 A.U. LOCATED IN THE NW 1/4 OF THE SE 1/4 SECTION 17, PLEASANT MOUND TOWNSHIP

WHEREAS, Michael W. Altenberg, owner of the following real estate in the County of Blue Earth, Minnesota, to wit:

That part of the Northwest Quarter of the Southeast Quarter of Section 17, Township 105, Range 29, Blue Earth County, Minnesota, described as follows, to-wit:

Commencing at the South Quarter corner of said Section 17; thence on an assumed bearing of North 0 degrees 00 minutes East along the north-south quarter line of said section, a distance of 1420.00 feet to the point of beginning of the tract to be described; thence continuing North 0 degrees 00 minutes East, along said north-south quarter line, a distance of 787.00 feet; thence North 90 degrees 00 minutes East a distance of 554.00 feet; thence South 0 degrees 00 minutes West a distance of 787.00 feet; thence South 90 degrees 00 minutes West a distance of 554.00 feet to the point of beginning, containing 10.01 acres.

has applied for an Extension of a Conditional Use Permit to in the 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-65-98 ), 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 September, 1999, following proper notice, held a public hearing regarding the request and, following the hearing, adopted a recommendation that the request for an Extension of Time for the Conditional Use Permit be granted; and

WHEREAS, the Blue Earth County Board of Commissioners finds that:

1. Applicant has demonstrated a practical hardship.

2. Applicant has demonstrated ability to comply with conditions of the Conditional Use Permit.

NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of Commissioners, that the request for an Extension of Time for a Conditional Use Permit, to build three total confinement swine barns in an Agriculture Zoning District passed on September 22, 1998, is granted with the following conditions:

That applicant comply with all conditions of the original Conditional Use Permit, except condition #4.

That the applicant obtain a blue Earth County Construction Permit before building begins and within twelve (12) months from the date the County Board of Commissioners approves the Conditional Use Permit Extension. The permit shall be rendered invalid if application for a Construction Permit is not made within this twelve (12) month period. 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.

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

The motion carried. 99-349

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

RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO ERECT TWO OFF-PREMISE ADVERTISING SIGNS IN THE SECTION 18, LERAY TOWNSHIP

WHEREAS, Delite Outdoor Advertising, Lessee, and Brian Hughes, owner of the following real estate in the County of Blue Earth, Minnesota, to wit:

Lot 3, Block 1, Lohr and Saiki Subdivision, Blue Earth County Minnesota, according to the Map or Plat on file of record in the Office of the County Recorder; and

Lots 2, 3, 4,5,6, and 7, Block 3; Lots 1,2,3,4,5, and 6, Block 4; Lot 1 Block 5; and Outlots A and B, First Rearrangement of Lots 1 and 4 Block One, Lohr and Saiki Subdivision, Blue Earth County, Minnesota; except those portions of Lot 1, Block 5; Lot 6, Block 4; and Outlots A and B now known as Parcel 24, Minnesota Department of Transportation Right-of-Way Plat No. 07-46.

have applied for a Conditional Use Permit to erect two off-premise advertising ground signs south of Highway 14/60 in a Light Industry 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 44-99 ), 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 September, 1999, 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 off-premise sign conforms with the County Land Use Plan.

2. That the proposed off-premise sign will not degrade the water quality of the County.

3. That the proposed off-premise sign will not adversely increase the quantity of water runoff.

4. That soil conditions are adequate to accommodate the proposed off-premise sign.

5. That the proposed off-premise sign does not create a potential pollution hazard.

6. That the off-premise sign will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted.

7. That the establishment of the off-premise sign will not impede the normal and orderly development and improvement of surrounding vacant property for predominant uses in the area.

8. That adequate measures have been or will be taken to control the lighted sign in such a manner that no disturbance to neighboring properties will result.

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

NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of Commissioners, that the request for a Conditional Use Permit to erect an off premise advertising sign in the Light Industry District, is granted with the following conditions:

1. The source light for the purpose of illumination may be indirect or direct and shall not be directed in any way except into the advertising copy.

2. All signs shall be painted and maintained by the owner in a safe condition. A sign shall be repainted whenever its paint begins to fade, chip or discolor. The exposed uprights or superstructure shall be painted a single, neutral color.

3. The area around a ground-mounted off-premise sign shall be appropriately landscaped, kept free of weeds and other debris, and regularly maintained or mowed.

4. The sign shall be maintained without tears or rips at all times.

5. The applicant shall ensure that vandalism, graffiti, and tears or rips to the sign or support structure are properly repaired within 10 days.

6. The applicant shall conform with all setbacks and standards contained in the Blue Earth County Land Use Ordinance, Section 0100.1610, Off-Premise Signs..

7. The applicant shall obtain a Construction Permit prior to beginning construction on the sign.

8. That any tile lines damaged during construction must be repaired to their pre-construction condition.

9. Violations of any of the above conditions may lead to a review of the Conditional Use Permit by the Planning Commission and County Board of Commissioners.

10. The Conditional Use Permit shall be effective for a period of five years following County Board approval, until September 21, 2004. The applicant shall make application for review of the permit prior to August 1, 2004.

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

The motion carried. 99-350

Commissioner Barnes moved and Commissioner Landkamer seconded the motion to approve the following Conditional Use Permit:

RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO CONSTRUCT AND OPERATE A PAINT SHOP AS A LEVEL II HOME OCCUPATION IN AN A-1, AGRICULTURAL ZONED DISTRICT, IN THE NE 1/4 OF THE SE 1/4, SECTION 16, LERAY TOWNSHIP

WHEREAS, Terry L. Tonn, owner of the following real estate in the County of Blue Earth to wit:

That part of the East Half (E ½) of the Southeast Quarter (SE 1/4) of Section Sixteen (16), Township One Hundred Eight (108) North, Range Twenty-five (25) West, Blue Earth County, Minnesota, described as follows: commencing at the Northeast corner of said Southeast Quarter(SE 1/4); thence South 00 degrees 00 minutes 00 seconds East (assumed bearing) along the East line of said Southeast Quarter (SE 1/4) a distance of 591.99 feet to the point of beginning; thence North 90 degrees 00 minutes 00 seconds West 450.31 feet; thence South 00 degrees 00 minutes 00 seconds West 437.00 feet; thence South 90 degrees 00 minutes 00 seconds East 450.31 feet to the East line of said Southeast Quarter(SE 1/4); thence North 00 degrees 00 minutes 000 seconds West 437.00 feet along the East line of said Southeast Quarter (SE 1/4) to the point of beginning. Said tract contains 4.52 acres and is subject to all easements of record; also except Highway.

has requested a Conditional Use Permit to construct and operate a paint shop as a Level II Home Occupation. The applicant is making application for the permit to permit use of a newly constructed building as a paint shop. The new building will replace an existing building which was destroyed by fire in April of this year. The request is being made to bring the operation into compliance with requirements of the County Land Use Ordinance; and,

WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC 61-99), 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 September, 1999 following proper notice, held a public hearing regarding the request and, following the hearing, voted unanimously to recommend approval of the request to the County Board; and,

WHEREAS, the Blue Earth County Board of Commissioners, on the 21st Day of September, 1999, following proper notice, held a public hearing regarding the request and, following the hearing, voted to grant the Conditional Use Permit; 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 present a potential pollution hazard.

6. 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.

7. 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.

8. 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.

9. 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 grant a Conditional Use Permit to operate a paint shop as a Level II Home Occupation in the A1, Agricultural District, is hereby granted subject to the following conditions:

1. That the paint shop operations be limited to the existing building.

2. That the applicant operate the paint shop in compliance with all State, Federal, and Blue Earth County Regulations, including MN Hazardous Waste Rules, Chapter 7045. The applicant will work with MPCA to develop a plan for handling and managing hazardous materials before commencement of use.

3. That liquids entering the pit drains in the paint shop floor be directed into, and contained by, a holding tank meeting the specifications of the Blue Earth County Environmental Health Department.

4. The building may not be used as a paint shop until a holding tank meeting the specifications of the Blue Earth County Environmental Health Department has been installed to service the shop and approved by Environmental Health.

5. Equipment being painted shall only have the exteriors washed. Engines, transmissions, and / or undercarriages shall not be cleaned at the facility. No materials classified as hazardous waste shall be used in the cleaning process.

6. That business signage be limited to one 32 square foot non-illuminated sign located on the property.

7. That the operation of the home occupation end no later than 10:00 P.M.

8. That all un-licensed / inoperable vehicles be removed from the property within 30 days of approval of the Conditional Use Permit.

9. That all materials, equipment, and vehicles must be stored in an enclosed building or screened area.

10. If outdoor storage is used a fence approved by Environmental Services must be constructed within ten months following approval of the Conditional Use Permit.

11. The paint shop operation must not become a junk yard or scrap yard as defined in the Blue Earth County Land Use Ordinance.

12. The Home Occupation shall be limited to no more than six employees.

13. The Home Occupation shall not exceed 5,000 square feet of floor area.

14. Any change in operation of the Home Occupation or use of the building for another commercial purpose shall require review of the Conditional Use Permit. The applicant shall apply for a review of the Conditional Use Permit prior to any change in use relating to operations of the Home Occupation or use of the building.

15. If the applicant changes the operation to prepare or store more than 25 gallons or 100 lbs dry weight of hazardous substances, the well or hazardous substance storage / preparation area must be moved to meet the required 150 foot separation distance as required in Minnesota Department of Health Rules, Chapter 4725.4450.

16. Violations of any of the above conditions may lead to a review of the Conditional Use Permit by the Planning Commission and County Board.

17. The Conditional Use Permit shall be effective for a period of five years following County Board approval. The applicant shall apply for review prior to the expiration date of the Conditional Use Permit.

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

The motion carried. 99-351

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

RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO PERMIT CONSTRUCTION OF AN 8,000 SQUARE FOOT CABINET / WOODWORKING SHOP AND RETAIL SALES FACILITY IN AN L1, LIGHT INDUSTRIAL ZONED DISTRICT IN THE SE 1/4 OF THE NE 1/4, SECTION 7, MCPHERSON TOWNSHIP

WHEREAS, Brian & Mary Sader, owner of the following real estate in the County of Blue Earth to wit:

The Southeast Quarter of the Northeast Quarter, excepting one (1) acre cemetery of Section 7-107-25. Containing 39 acres more or less. Also excepting therefrom the land acquired by the State of Minnesota for Trunk Highway purposes, by the Final Certificate recorded in Book 196 of Blue Earth County Records, Page 454.

have requested a Conditional Use Permit to allow construction of an 8,000 square foot cabinet / woodworking shop in an L1, Light Industrial Zoned District. Said shop will include a display area for retail sales of products manufactured on site ; and,

WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC 62-99), 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 September, 1999 following proper notice, held a public hearing regarding the request and, following the hearing, voted unanimously to recommend approval of the request to the County Board; and,

WHEREAS, the Blue Earth County Board of Commissioners, on the 21st Day of September, 1999, following proper notice, held a public hearing regarding the request and, following the hearing, voted to grant the Conditional Use Permit; 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 to grant a Conditional Use Permit to to allow construction of an approximately 8,000 square foot building to house a combination cabinet / woodworking shop with a retail sales display area, is hereby granted contingent upon the following conditions:

1. No construction may commence until construction permits are obtained.

2. A Final Plat must be approved by the Blue Earth County Board of Commissioners which dedicates CSAH 43 Right-of-Way and separates the cemetery to the west of the proposed building site from the described parcel as required by Blue Earth County Subdivision Regulations.

3. Signage for the property shall comply with the Blue Earth County Land Use Ordinance, Section 16, 0100.1609, Subp. 4, LI and HI On-Premise Permitted Signs.

4. There shall be no indication of offensive noise, vibration, smoke, dust, heat, or glare at or beyond the property line. All emissions shall comply with applicable MPCA regulations.

5. Hazardous materials shall be stored, used, and disposed of in compliance with all applicable MPCA regulations.

6. Adequate off-street parking shall be provided. At least one properly signed handicapped accessible parking space and bathroom shall be provided.

7. 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.

8. This conditional use 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. 99-352

The next item to be considered was a request from Charles and Hilda Carlson for a Conditional Use Permit to construct two total confinement swine barns in an Agricultural Zoning District, creating a new feedlot of 1,600 animal units located in the West Half of the Southeast Quarter of Section 32, Shelby Township.

Public Comment were heard from the following: Mr. Charles Carlson, Applicant; Mr. Allen Wendt, Amboy; Mr. David Sowers, Valenecia, CA; Ms. Mary Stevens, Hutchinson; Mr. Alan Hoenstein, Eden Prairie; Ms. Stephanie Madagan, Mankato; Ms. Michelle Stevens, Mankato; Ms. Colleen Wendt, Amboy; Ms. Katy Wortel, Mankato Township; Mr. John Mack, Amboy; Mr. Richard Prim, New Ulm.

After discussion Commissioner More moved to approve the Conditional Use Permit, Chairperson Bennett stepped down as chair to second the motion. Commissioners Barnes, McLaughlin and Landkamer voted nay. The motion failed, therefore the request was denied.

RESOLUTION DENYING A CONDITIONAL USE PERMIT TO CONSTRUCT TWO TOTAL CONFINEMENT SWINE BARNS CREATING A NEW FEEDLOT OF 1,600 A.U. LOCATED IN THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 32, SHELBY TOWNSHIP

WHEREAS, Charles & Hilda Carlson, owner of the following real estate in the County of Blue Earth, Minnesota, to wit:

That part of the Southeast Quarter of Section 32, T.105.N - R.28.W, Blue Earth County, Minnesota, described as:

Commencing at the Southeast corner of the Southeast Quarter; thence North 90 degrees 00 minutes 00 seconds West (assumed bearing) along the South line of the Southeast Quarter, a distance of 1,375.41 feet to the point of beginning; thence continuing North 90 degrees 00 minutes 00 seconds West along the South line of the Southeast Quarter, a distance of 1,269.64 feet to the South Quarter corner of Section 32, thence North 00 degrees 15 minutes 29 seconds West, along the West line of the Southeast Quarter, a distance of 2,622.08 feet to the Center of Section 32; thence South 89 degrees 53 minutes 25 seconds East, along the North line of the Southeast Quarter, a distance of 1,269.65 feet; thence South 00 degrees 15 minutes 29 seconds East 2,619.64 feet to the point of beginning. The said property contains 76.39 acres of land and subject to any and all easements of records, including the right of way for County Road 40 across the South 50 feet.

has applied for a Conditional Use Permit 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-34-99 ), 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 May, 1999, following proper notice, held a public hearing regarding the request and, following the hearing, held a tie vote regarding approval, therefore approval was not granted; and

WHEREAS, the Blue Earth County Board of Commissioners finds that:

1. Testimony relating to medical conditions and studies relating to possible health impacts were presented to the County Board. The submitted information indicates that there may be a potential for the cumulative effects of this feedlot to impact the health of adjacent landowners when coupled to the air emissions of other existing facilities in the area.

2. Neighbors complained of respiratory problems, including asthma, that they attributed in part to air quality deterioration from existing feedlots in the area, and expectations that air quality would further deteriorate if additional animal units were added in the subject area. One of the persons testifying against the proposal, Michelle Stevens, said existing air quality is poor due to the feedlot stench and makes farming activities difficult for her now. Additional air contamination from additional animal units would eliminate her future plans for moving to and operating her family’s farm in the area.

3. Granting this Conditional Use Permit and allowing construction of the proposed feedlot facility without first examining the potential for adverse cumulative effects via the EAW process may impact the health, safety, and welfare of the surrounding area, and would violate Blue Earth County’s Land Use Ordinance, Section 0100.1806, Standards for Granting a Conditional Use Permit, Subpart J, which states "the Conditional Use Permit will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes".

4. This request is the same request denied by the Blue Earth County Board of Commissioners at their May 25, 1999 meeting. Nothing has changed.

5. The applicant can build the proposed feedlot facility on land he owns in Faribault County. Most of the available manure spreading acres are in Faribault County.

6. The applicant’s brother-in-law, Mike Stevens, alleges in a letter sent to each of the Blue Earth County Commissioners, that the applicant has publically stated that the Township cannot enforce feedlot rules and that he will not abide by conditions placed on him by the Township.

NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of Commissioners, that the request for a Conditional Use Permit, to build two total confinement swine barns in an Agriculture Zoning District, is denied.

This resolution shall become effective immediately upon its passage and without publication. 99-353

Commissioner Bennett resumed as Chairperson.

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

RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO ERECT AN OFF-PREMISE ADVERTISING SIGN IN THE SECTION 16, SOUTH BEND TOWNSHIP

WHEREAS, Supreme Outdoor Advertising, Lessee, and Paul Sukalski, owner of the following real estate in the County of Blue Earth, Minnesota, to wit:

Lot 1, Block 1 Guillemette Subdivision, Blue Earth County, Minnesota;

have applied for a Conditional Use Permit to erect an off-premise advertising ground sign north of Highway 60/169 in a Light Industry District and the Urban Fringe Overlay; and

WHEREAS, the Planning Agency of the County has completed a review of the application and made a report pertaining to said request (PC 64-99 ), 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 September, 1999, 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 off-premise sign conforms with the County Land Use Plan.

2. That the proposed off-premise sign will not degrade the water quality of the County.

3. That the proposed off-premise sign will not adversely increase the quantity of water runoff.

4. That soil conditions are adequate to accommodate the proposed off-premise sign.

5. That the proposed off-premise sign does not create a potential pollution hazard.

6. That the off-premise sign will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted.

7. That the establishment of the off-premise sign will not impede the normal and orderly development and improvement of surrounding vacant property for predominant uses in the area.

8. That adequate measures have been or will be taken to control the lighted sign in such a manner that no disturbance to neighboring properties will result.

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

That the application for the Conditional Use Permit was accepted by Environmental Services on June 1, 1999 prior to the Land Use Ordinance being amended.

11. That the application for the Conditional Use Permit met all of the standards of the Land Use Ordinance when the application was accepted by Environmental Services.

NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of Commissioners, that the request for a Conditional Use Permit to erect an off premise advertising sign in the Light Industry District and Urban Fringe Overlay District, is granted with the following conditions:

1. The source light for the purpose of illumination may be indirect or direct and shall not be directed in any way except into the advertising copy.

2. All signs shall be painted and maintained by the owner in a safe condition. A sign shall be repainted whenever its paint begins to fade, chip or discolor. The exposed upright shall be painted a single, neutral color.

3. The area around a ground-mounted off-premise sign shall be appropriately landscaped, kept free of weeds and other debris, and regularly maintained or mowed.

4. The sign shall be maintained without tears or rips at all times.

5. The applicant shall ensure that vandalism, graffiti, and tears or rips to the sign or support structure are properly repaired within 10 days.

6. The applicant shall conform with all setbacks and standards contained in the Blue Earth County Land Use Ordinance, Section 0100.1610, Off-Premise Signs which were effective on June 2, 1999.

7. The applicant shall obtain a Construction Permit prior to beginning construction on the sign.

8. That any tile lines damaged during construction must be repaired to their pre-construction condition.

9. Violations of any of the above conditions may lead to a review of the Conditional Use Permit by the Planning Commission and County Board of Commissioners.

10. The Conditional Use Permit shall be effective for a period of five years following County Board approval, until September 21, 2004. The applicant shall make application for review of the permit prior to August 1, 2004.

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

The motion carried. 99-354

6. HUMAN SERVICES

Commissioner Barnes moved and Commissioner More seconded the motion to approve the following: Agreement with the State of Minnesota for the Family Service Collaborative in the amount of $98,400.00. This revised total includes $4,000.00 to pay for training services previously provided and approved by the County Board.

Approval of the following waivered service contracts for the period of October 1, 1999, through September 30, 2000. Each of the providers listed is currently providing services under the Medicaid Waivered Service Program and these are continuation contracts.

Country Neighbors, Inc.-Lake Crystal
Country Neighbors, Inc.-Mapleton
Meadowbrook and Home Care-Mankato
The Lutheran Home Association/Cedar Haven-Mankato
Sibley Manor-Mankato
Gertrude O’Connor-Mapleton
Barbara Lindemann-Mankato
Clark Van Horn-Mapleton
Karrington Health, Inc., f/k/a Kensington Cottages Corporation of America-Edina

The motion carried. 99-355

Mr. Paul Schuster, Chairperson, gave an overview of the Human Service Advisory Committee meeting on September 9, 1999.

The meeting recessed at 12:00 p.m.

The meeting reconvened at 1:30 p.m.

7. JOINT DITCH #7 - FINAL HEARING

The public hearing was opened for public comments by Chairperson Bennett at 1:30 p.m.

Officials present included County Administrator David Twa, Land Records Director Sandra King, Ditch Manager Craig Austinson, and Engineer Chad Surprenant. A listing of others present is included as part of the record. The proceedings were tape-recorded.

Mr. John Peterson, Attorney for the Petitioners, made comments on the project.

Mrs. Sandra King, Land Records Director, verified that all Jurisdictional Documents and Notices are in order and read the DNR Report into the record.

Mr. Chad Surprenant, Engineer, made a presentation and provided a written report.

The Ditch Viewer’s Report was presented by Mr. Orbert Haldorson. A copy of the report has been filed.

All parties present were given an opportunity to express their concerns and opinions. No public comments were made.

After discussion, the Board made the following findings:

1. The detailed survey report and viewers’ report have been made and other proceedings have been completed under Minnesota Statutes 103E;

2. Reports made or amended are complete and correct;

3. The damages and benefits have been properly determined;

4. The estimated benefits are greater than the total estimated cost, including damages;

5. The proposed drainage project will be of public utility and benefit and will promote the public health; and

6. The proposed drainage project is practicable.

Commissioner More moved and Commissioner Barnes seconded the motion to approve the proposed drainage project according to the above findings; order the Engineer to prepare plans and specs for bidding, and adopt the Viewers Report. The Findings will be filed with the County Administrator.

The motion carried. 99-355

Commissioner More moved and Commissioner McLaughlin seconded the motion to approve a resolution for financing Joint Ditch #7 for $145,868.00 to be undertaken by the County; establishing compliance with reimbursement bond regulations under the internal revenue code:

RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS TO BE UNDERTAKEN BY THE COUNTY; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE

BE IT RESOLVED by the Board of County Commissioners (the "Board") of Blue Earth County, Minnesota (the "County"), as follows:

1. Recitals.

   (a) The Internal Revenue Service has issued Section 1.150-2 of the Income Tax Regulations (the "Regulations") dealing with the issuance of bonds, all or a portion of the proceeds of which are to be used to reimburse the County for project expenditures made by the County prior to the date of issuance.

   (b) The Regulations generally require that the County make a declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued series of bonds within 60 days after payment of the expenditures, that the bonds be issued and the reimbursement allocation be made from the proceeds of such bonds within the reimbursement period (as defined in the Regulations), and that the expenditures reimbursed be capital expenditures or costs of issuance of the bonds.

   (c) The County desires to comply with requirements of the Regulations with respect to certain projects hereinafter identified.

2. Official Intent Declaration.

   (a) The County proposes to undertake the following project or projects and to make original expenditures with respect thereto prior to the issuance of reimbursement bonds, and reasonably expects to issue reimbursement bonds for such project or projects in the maximum principal amounts shown below:

   Project	Maximum Amount of Bonds Expected to be Issued for Project
   Judicial Ditch No. 7	$145,868.00
   Blue Earth and Watonwan

   (b) Other than (i) de minimis amounts permitted to be reimbursed pursuant to Section 1.150-2(f)(1) of the Regulations or (ii) expenditures constituting preliminary expenditures as defined in Section 1.150-2(f)(2) of the Regulations, the County will not seek reimbursement for any original expenditures with respect to the foregoing projects paid more than 60 days prior to the date of adoption of this resolution. All original expenditures for which reimbursement is sought will be capital expenditures or costs of issuance of the reimbursement bonds.

3. Budgetary Matters.

   As of the date hereof, there are no County funds reserved, pledged, allocated on a long term basis or otherwise set aside (or reasonably expected to be reserved, pledged, allocated on a long term basis or otherwise set aside) to provide permanent financing for the original expenditures related to the projects, other than pursuant to the issuance of the reimbursement bonds. Consequently, it is not expected that the issuance of the reimbursement bonds will result in the creation of any replacement proceeds.

4. Reimbursement Allocations.

   The County’s Financial officer shall be responsible for making the "reimbursement allocations" described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the reimbursement bonds to reimburse the source of temporary financing used by the County to make payment of the original expenditures relating to the projects. Each reimbursement allocation shall be made within 30 days of the date of issuance of the reimbursement bonds, shall be evidenced by an entry on the official books and records of the county maintained for the reimbursement bonds and shall specifically identify the original expenditures being reimbursed.

The motion carried. 99-356

Commissioner More moved and Commissioner McLaughlin seconded the motion to proceed with the bid specs and advertise for construction bids before the appeal period is over.

The motion carried. 99-357

Commissioner Landkamer moved and Commissioner Barnes seconded the motion to adjourn at 1:50 p.m.

The motion carried. 99-358

5. ADMINISTRATIVE SERVICES

The motion carried. 99-359

Commissioner Barnes moved and Commissioner More seconded the motion to approve the following Bills:

Bills for the Week of September 13 - 17, 1999
Grand Total	$1,756,557.96
Bills for the Week of September 20 - 24, 1999
Grand Total	$1,020,101.03

The motion carried. 99-360

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

Increase of hours for Jamie Kunz, Dispatcher (B23) from part-time to full-time effective September 12, 1999. (Sheriff)

Resignation of John Kopp, Custody Officer (Part-time) (B23) effective September 13, 1999. (Sheriff)

Authorization to initiate recruitment for a Custody Officer (Part-time) (B23). (Sheriff)

Resignation of Barbara Turner, Clinical Social Worker (C43) effective September 24, 1999. (Human Service)

Authorization to initiate recruitment for a Clinical Social Worker (C43). (Human Service)

Resignation of David Twa, County Administrator (E83) effective October 22, 1999. (Administration)

The motion carried. 99-361

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

BLUE EARTH COUNTY BOARD RESOLUTION REQUESTING APPROVAL OF APPLICATION FOR CONVEYANCE OF TAX-FORFEITED LAND

WHEREAS, in accordance with Minn. Stat. 282.01, subd. 1a, tax forfeited land may be conveyed to a governmental subdivision of the state for an authorized public use; and

WHEREAS, the Madison Lake Development Company has applied for conveyance of the following parcel for residential development (under the terms of MN Statute 469):

Parcel ID# R14-05-34-251-010
Madison Lake Townsite
Lot 12, Block 22

; and

WHEREAS, the Land Records Director recommends this conveyance based on the application and statement of facts submitted by the governmental subdivision.

NOW, THEREFORE, BE IT RESOLVED, that the Blue Earth County Board of Commissioners hereby approves the application from the City of Madison Lake for the conveyance of the above-described parcel of tax-forfeited land.

The motion carried. 99-362

The August 31, 1999 Financial Status Report was presented as an informational item to the Board. Commissioner More moved and Commissioner Mclaughlin seconded the motion to approve a Gambling Control Board Premises Permit Renewal Application from Curling Mapleton Heather Club to be held at the Windmill Bar & Lounge.

The motion carried. 99-363

Commissioner Barnes moved and Commissioner Landkamer seconded the motion to approve the following Proclamation:

LEAVE A LEGACY MONTH

WHEREAS the residents of Blue Earth County in Minnesota are known for their generosity and community spirit; and

WHEREAS many people volunteer regularly and contribute to charity; and

WHEREAS when they are gone, their support is sorely missed; and

WHEREAS by leaving a legacy through a bequest we continue to help organizations of our choice that are making an important difference in our community; and

WHEREAS Leave a Legacy campaign is a collaborative effort among local not-for-profit organizations, the estate and financial planning professions, community foundations, corporate funders and a variety of media outlets; and

WHEREAS the Leave a Legacy campaign is a community-based, county-wide program designed to encourage prospective donors to work with the development officers of charities they already support, or the estate planning professionals with whom they already have a relationship, to establish a charitable bequest or other planned gift; and

WHEREAS on October 1, 1999 our area Leave a Legacy chapter begins a month-long education drive called Leave a Legacy to encourage people from all walks of life to make gifts from their estates;

THEREFORE, BE IT PROCLAIMED that the month of October 1999 is "Leave A LEGACY MONTH" in Blue Earth County of Minnesota.

The motion carried. 99-364

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

AGRICULTRAL CRISIS

WHEREAS Agriculture in the United States is in a severe economic crisis with agricultural commodities experiencing depressed prices and reduced markets.

WHEREAS all farmers in Blue Earth County have been affected with continued low crop prices.

WHEREAS prices in 2000 for rented land are expected to be decreased by 1.27%. Estimated amount lost due to low prices is $13.5 million for corn and 2.7 million for soybeans.

WHEREAS Livestock losses in 1999 from the heat are expected to be quite high.

WHEREAS Blue Earth County anticipates a negative economic impact which extends well beyond the farming community and to other segments of the county.

NOW, THEREFORE, BE IT RESOLVED that the Blue Earth County Board of Commissioners, on behalf of the citizens of Blue Earth County, urge Congress and the State of Minnesota to work together with local officials to take immediate action to alleviate this severe economic crisis the agricultural sector is facing.

The motion carried. 99-365

Commissioner Barnes moved and Commissioner Landkamer seconded the motion to appoint Dennis McCoy as the County Administrator:

BLUE EARTH COUNTY BOARD OF COMMISSIONERS RESOLUTION APPOINTING COUNTY ADMINISTRATOR

WHEREAS, pursuant to Minnesota Statutes section 375A.06 Blue Earth County may establish the position of County Administrator; and

WHEREAS, Blue Earth County has previously established the position but will have a vacancy caused by the resignation of the current County Administrator; and

WHEREAS, Blue Earth County desires to fill the vacancy of County Administrator; and

WHEREAS, Blue Earth County Board of Commissioners desires to employ the services of Dennis J. McCoy as County Administrator for Blue Earth County as provided by Minnesota Statutes 375A.06;

NOW THEREFORE, IT IS HEREBY RESOLVED, that the Blue Earth County Board of Commissioners hereby appoints Dennis J. McCoy as County Administrator pursuant to Minnesota Statutes section 375A.06. Said appointment to be effective October 25, 1999.

The motion carried. 99-366

Commissioner Landkamer moved and Commissioner Barnes seconded the motion to approve an employee contract with the newly appointed County Administrator:

BLUE EARTH COUNTY BOARD OF COMMISSIONERS RESOLUTION ENTERING INTO COUNTY ADMINISTRATOR EMPLOYMENT AGREEMENT

WHEREAS, pursuant to Minnesota Statutes section 375A.06 Blue Earth County may establish the position of County Administrator; and

WHEREAS, Blue Earth County has previously established the position but will have a vacancy caused by the resignation of the current County Administrator; and

WHEREAS, Blue Earth County Board of Commissioners desires to employ the services of Dennis J. McCoy as County Administrator for Blue Earth County as provided by Minnesota Statutes 375A.06; and

WHEREAS, Dennis J. McCoy, upon acceptance of the position desires to be assured of reasonable compensation for his duties and responsibilities, and severance rights in the event of a termination of this employment relationship;

NOW THEREFORE, IT IS HEREBY RESOLVED, that the Blue Earth County Board of Commissioners hereby authorizes the Chairperson and Vice-Chairperson to enter into the proposed Employment Agreement attached hereto and incorporated by reference.

The motion carried. 99-367 Commissioner Bennett voted nay.

8. PUBLIC WORKS WORKSHOP

Commissioner Landkamer moved and Commissioner Barnes seconded the motion to approve an agreement with the Department of Natural Resources (DNR) for a paved bicycle trail:

RESOLUTION

WHEREAS, the State has a currently approved development project in Minneopa State Park for a paved bicycle trail; and

WHEREAS, the County is developing a paved bicycle trail which will terminate at the boundary of Minneopa State Park; and

WHEREAS, the State and County are authorized under Minnesota Statutes, Section 471.59 (1996), to enter into agreements to jointly or cooperatively exercise common powers; and

NOW, THEREFORE, in consideration of the mutual benefits to be derived by the public bodies hereto for the benefit of the general public, the County shall prepare plans and construct the extension of the bicycle trail from the statutory boundary of Minneopa State Park to the Minneopa Falls parking lot on the existing abandoned portion of County Road 117.

The motion carried. 99-368

9. COUNTY DITCH #36 – CONSTRUCTION HEARING

Officials present included County Administrator David Twa, County Attorney Ross Arneson, Land Records Director Sandra King, Ditch Manager Craig Austinson, and Engineer Chad Surprenant. A listing of others present is included as part of the record. The proceedings were tape-recorded.

Mr. Kurt Deter, Petitioner’s Attorney; Mr. Chad Surprenant, Engineer; Mr. Chris Cerns, A.D.S.; Mr. Doren Kuster, A.D.S.; Mr. Dan Currene, Regional Engineer with A.D.S; and Mr. Tom Brunz, Contractor, discussed possible solutions for the failed pipe portion.

All parties present were given an opportunity to express their concerns and opinions. Public comments were heard from: Mr. Luther Johnson, Mr. Darrell Hylen, and Mr. Dennis Mikkelson.

After Board discussion, Commissioner McLaughlin moved and Commissioner More seconded the motion to continue the Public Hearing to September 29, 1999 at 7:00 a.m. to give more time to work out an agreeable solution. The motion carried. Chairperson Bennett closed the public hearing at 5:30 p.m.

The motion carried. 99-369

Commissioner Barnes moved and Commissioner Landkamer seconded the motion to adjourn the Board Meeting at 5:30 p.m.

The motion carried. 99-370