The Meeting Was Called to Order by the Chairman

FARIBAULT COUNTY BOARD OF COMMISSIONERS OFFICIAL PROCEEDINGS NOVEMBER 21, 2000

The Faribault County Board of Commissioners met pursuant to the recess of November 7, 2000 at the Courthouse in the City of Blue Earth at 9:00 a.m. on November 21, 2000. The following members were present: Gordon Benson, Virgil Klatt, Loren Lein, Paul Meyer, and Ralph Prescher, Commissioners. Auditor John Thompson was also present.

The meeting was called to order by the chairman.

The pledge of allegiance was recited.

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Meyer/Klatt motion carried unanimously to approve the synopsis and the official proceedings of November 7, 2000 regular meeting.

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Benson/Meyer motion carried unanimously to approve agenda of November 21, 2000.

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The calendar was updated. Committee reports were presented.

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No member appeared during public comment.

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Feedlot & Zoning Technician Bruce Blakesley met regarding two conditional use permits.

Meyer/Klatt motion carried unanimously to approve Resolution 00-PZ05-43 granting a conditional use permit to Milton and Irene Thisius of Clark Township for a 400 foot communication tower. Commissioners Benson, Klatt, Lein, Meyer, and Prescher voted yes.

11-21-00 -102- R E S O L U T I O N CONDITIONAL USE PERMIT MILTON AND IRENE THISIUS SECTION 22, CLARK TOWNSHIP

WHEREAS: Milton and Irene Thisius applied under the Faribault County Zoning Ordinance for a Conditional Use Permit for a 400’ communication tower in the A-2 General Agriculture District located at the following described property:

Southeast Quarter (SE ¼) of the Northeast Quarter (NE ¼) of Section Twenty-two (22) in Township One Hundred Three (103) North, Range Twenty-four (24) West, Clark Township, Faribault County, Minnesota. This property is located in the A-2 General Agriculture District.

WHEREAS: The Planning Commission finds:

a. 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, not substantially diminish and impair property values within the immediate vicinity, and is compatible with the existing neighborhood;

b. That the establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area, conforms to the comprehensive land use plan of the county;

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

d. That adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use;

e. 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 the neighboring properties will result;

f. That soils conditions are adequate to accommodate the proposed use; and

11-21-00 -103- g. That proper facilities are provided which would eliminate any traffic congestion or traffic hazard which may result from the proposed use.

h. The use is of the same general character as other conditional uses in the Agriculture District and will not be detrimental to the general health and welfare of the county.

NOW THEREFORE, BE IT RESOLVED: The Faribault County Board of Commissioners approve the Conditional Use Permit to Milton and Irene Thisius for a 400’ communication tower at said tract in the A-2 General Agricultural District conditioned that:

1. The site shall be restored to the original condition if the structures are abandoned.

2. The applicant shall comply with the Federal Aviation Administration and the Federal Communication Commission regulations.

3. Centerpointe Communications (Mesa) will make the site whole during construction.

4. Minimum setback from center of road for tower is 250’.

Meyer/Benson motion carried unanimously to adopt Resolution 00-PZ06-44 to Brett Niebuhr of Clark Township for a machine shop and fabricating business. Commissioners Benson, Klatt, Lein, Meyer, and Prescher voted yes.

R E S O L U T I O N CONDITIONAL USE PERMIT BRETT NIEBUHR, B & D METAL WORKS, INC. SECTION 20, CLARK TOWNSHIP

WHEREAS: Brett Niebuhr, B & D Metal Works, Inc. applied under the Faribault County Zoning Ordinance for a Conditional Use Permit for a machine shop and fabricating business in the A-2 General Agriculture District located at the following described property:

Northeast Quarter of the Northeast Quarter (NE ¼) of Section Twenty (20) in Township One Hundred Three (103) North, Range Twenty-four (24) West, Clark Township, Faribault County, Minnesota. Described as follows: Commencing 330.82’ S 00`00’00” East (E) of Northeast (NE) Corner of Northeast Quarter (NE ¼) Section Twenty (20), Township One Hundred Three (103) North, Range Twenty-four

11-21-00 -104- (24) West Thence N 90`00’00” W 295.41’ Thence S 00`00’00” E 431.29’ Thence S 90`00’00” E 295.41’ Thence N 00`00’00” W 431.29’ to point of beginning. This property is located in the A-2 General Agriculture District.

WHEREAS: The Planning Commission finds:

1. That the conditional use will not be injurious to the use and

2. Enjoyment of other property in the immediate vicinity for the purposes already permitted, not substantially diminish and impair property values within the immediate vicinity, and is compatible with the existing neighborhood;

3. That the establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area, conforms to the comprehensive land use plan of the county;

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

5. That adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use;

6. 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 the neighboring properties will result;

7. That soils conditions are adequate to accommodate the proposed use; and

8. That proper facilities are provided which would eliminate any traffic congestion or traffic hazard which may result from the proposed use.

9. The use is of the same general character as other conditional uses in the Agriculture District and will not be detrimental to the general health and welfare of the county.

NOW THEREFORE, BE IT RESOLVED: The Faribault County Board of Commissioners approve the Conditional Use Permit to Brett Niebuhr, B & D Metal Works for a machine shop and fabricating business at said tract in the A-2 General Agricultural District.

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Benson/Lein motion carried unanimously to hold a public hearing on ditch assessments on December 12, 2000 at 11:15 a.m.

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County Assessor Dean Moller met regarding office business. The October 1999 – October 2000 sales study was discussed. 2,580 acres were sold with an average price of $1,735 per acre. Moller does predict a change in the assessed value of cities. Residential properties vary across the county. Increases are as follows: Bricelyn at 15%; Delavan at 20%; Elmore at 20%; Frost at 10%; Kiester at 20%; Walters, Wells, and Winnebago at 10%; and Blue Earth at 3%. Residential rural homesteads are increasing 10%.

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Meyer/Lein motion carried unanimously to sell Parcel No. 30.200.3711 to the City of Wells for $6,500 and to hold Parcel No. 30.200.3660.

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Benson/Meyer motion carried unanimously to approve request from M. Nelson to attend grading and base recertification Mar. 26, 2001 at Owatonna and D. Killion to attend CJIS terminal operators course Dec. 4-7 at Windom.

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Public Works Director John McDonald met regarding office business. Mike O’Rourke and John Volz of Minnesota Lake also attended.

Commissioner Benson reviewed the present status of the Minnesota Lake County Park and the improvements made by the city, volunteers, and others in the park. O’Rourke brought up the issue of restroom compliance with regulations and the age of the playground equipment.

Benson/Meyer motion carried unanimously to adopt Resolution 00-CB-45 deeding the Minnesota Lake Park with the donation of a mower and a 2001 budget allocation of $4,000 to the City of Minnesota Lake. Commissioners Benson, Klatt, Lein, Meyer, and Prescher voted yes.

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Mavis Borgham of Brush Creek met to discuss concerns regarding the Brush Creek gravel pit and the possible dangers with a pit near the county road. A concern with dust from concrete crushing was also discussed. Tom Warmka spoke of concerns he has and

11-21-00 -106- what he has heard from citizens on the possible risks. Consensus of the board is to erect a snow fence and consider a guard rail or fence.

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Benson/Meyer motion carried unanimously to approve Resolution 00-RB06-46 for a final payment of $50,034.93 to Hodgeman & Sons on CP-20-006-06. Commissioners Benson, Klatt, Lein, Meyer, and Prescher voted yes.

R e s o l u t I o n

WHEREAS, CP-20-006-06 has in all things been completed, and the County Board being fully advised in the premises,

NOW THEN, BE IT RESOLVED that we do hereby accept said completed project for and in behalf of the County of Faribault and authorize final payment of $50,034.93 to Hodgeman & Sons.

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Klatt/Benson motion carried unanimously to approve Resolution 00-RB07-47 for a final payment on SAP-22-699-01 of $302,217.03 to the City of Easton. Commissioners Benson, Klatt, Lein, Meyer, and Prescher voted yes.

R e s o l u t I o n

WHEREAS, SAP-22-699-01 has in all things been completed, and the County Board being fully advised in the premises,

NOW THEN, BE IT RESOLVED that we do hereby accept said completed project for and in behalf of the County of Faribault and authorize final payments of $302,217.03 to the Cityof Easton.

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Lein/Meyer motion carried unanimously to approve Resolution 00-RB08-48 for a final payment of $173,868.01 to Southern Minnesota Construction on CP 20-600-04P, CP 20- 600-05P, and CP 20-600-07. Commissioners Benson, Klatt, Lein, Meyer, and Prescher voted yes.

R e s o l u t I o n

WHEREAS, CP 20-600-04P, CP 20-600-05P, and CP 20-600-07 has in all things been completed, and the County Board being fully advised in the premises,

11-21-00 -107- NOW THEN, BE IT RESOLVED that we do hereby accept said completed project for and in behalf of the County of Faribault and authorize final payment of $173,868.01 to Southern Minnesota Construction.

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Personnel Manager/Data Processing Manager Brenda Ripley met regarding personnel business.

Meyer/Klatt motion carried unanimously to set part-time wages of Sheriff office at $10.50 per hour for employees without post licenses and $11.00 per hour for employees with post license effective January 1, 2001.

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Benson/Meyer motion carried unanimously to pay bills totaling $ 205,883.18 as follows:

COUNTY REVENUE FUND $ 39,325.35

PUBLIC WORKS FUND 29,219.90

COUNTY LIBRARY FUND 129.10

97 COURTHOUSE IMP BONDS 19,230.00

97 ISTS LOAN BONDS 27,058.75

PRAIRIELAND REFUNDING BONDS 51,300.00

D A R E 7.20

DITCH FUNDS 39,612.88

______$ 205,883.18

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The meeting was adjourned for the month of November.

______Ralph Prescher, Chairman John Thompson, Auditor

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