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

 November 12, 1996





The County Board of Commissioners met in the Commissioners' 

Room at 9:00 a.m. Present were Chairperson Colleen Landkamer, 

Commissioner Leon Tacheny, Commissioner Lin Barnes, Commissioner 

Al Bennett, Commissioner Alvis More, County Attorney Ross Arneson 

and County Administrator David Twa.



Commissioner Barnes moved and Commissioner More seconded 

the motion to approve the Agenda. The motion carried. 96-368 



The Commissioners reported on committees that they have 

attended since the last Board Meeting.



Mr. Kurt Deter, Attorney, updated the Board on Ditch Systems 

7, 56, 77 and 15.



Commissioner Bennett moved and Commissioner More seconded 

the motion to clean out County Ditch 56, subject to the plans 

being submitted. The motion carried. 96-369 



Mr. Chuck Wingert, Surveyor, updated the Board on Judicial 

Ditch #15. Commissioner Bennett moved and Commissioner More 

seconded the motion to accept the petition on Judicial Ditch #15 

and proceed with the work. The motion carried. 96-370 



Commissioner More moved and Commissioner Bennett seconded 

the motion to have the County Attorney and Mr. Kurt Deter meet 

with Mr. Wendland to discuss County Ditch #77. The motion 

carried. 96-371



Mr. Veryl Morrell, Land Use & Natural Resources 

Administrator and Ms. Julie Conrad, Land Use & Natural Resources 

Planner, presented the following items for the Boards 

consideration.



Mr. Robert Frisch and Ms. Carlienne Frisch, owners of Judson 

Iron, discussed their Conditional Use Permit. In their permit it 

states they must put up a fence, but instead they planted trees. 

Mr. Carl Voges, Lake Crystal; Mr. Rick Brown, Judson; Ms. Katy 

Wortel, Mankato and Mr. Quinn Benefield, Judson, supported the 

trees instead of a fence. After much discussion, it was decided 

that the Frisch's options were to put up a fence or go back to 

Planning & Zoning and try to revise their Conditional Use Permit. 



Commissioner Barnes moved and Commissioner Bennett seconded 

the motion to allow 30 days for the Frischs to bring back their 

Conditional Use Permit to Planning & Zoning or the County 

Attorney will proceed with legal action. The motion carried. 96- 

372



Commissioner More moved and Commissioner Bennett seconded 

the motion to approve the following:



RESOLUTION OF SUPPORT AND GOVERNMENTAL SPONSORSHIP 

OF THE QUAD LAKES WATER QUALITY IMPROVEMENT ASSOCIATION'S 

APPLICATION FOR A CLEAN WATER PARTNERSHIP GRANT 



WHEREAS, the Blue Earth County Board of Commissioners seeks 

to improve the water quality of streams and lakes in the county; 

and



WHEREAS, the citizens of the Quad Lakes Water Quality 

Improvement Committee, the City of Minnesota Lake, Faribault 

County Townships of Minnesota Lake, Delavan, Lura, Prescott, and 

Winnebago, and Blue Earth County Townships of Mapleton, Sterling, 

and Danville, have pledged financial, in-kind and volunteer 

support through their residents to improve the water quality of 

the Quad Lakes; and



WHEREAS, the Quad Lakes Water Quality Improvement 

Association has requested that Blue Earth County support the 

Clean Water Partnership effort on Lura, Rice, Bass and Minnesota 

Lakes and support the effort for a grant from the Minnesota 

Pollution Control Agency for funding through the Clean Water 

Partnership Act through the Faribault County Soil and Water 

Conservation District.



NOW, THEREFORE BE IT RESOLVED, that the Blue Earth County 

Board of Commissioners will support the Quad Lakes Water Quality 

Improvement Project through the Faribault County Soil and Water 

Conservation District's Clean Water Partnership Grant to the 

Minnesota Pollution Control Agency; and



BE IT RESOLVED, that the Blue Earth County Board of 

Commissioners authorizes the filing of the Quad Lakes Water 

Quality Improvement Project's Clean Water Partnership grant 

application to the Minnesota Pollution Control Agency; and 



BE IT RESOLVED, that Blue Earth County will provide $12,000 

and support for the project as necessary to fulfill project 

obligations.



This resolution shall become effective immediately upon its 

passage and without publication.



The motion carried. 96-373



After discussion, Commissioner Barnes moved and Commissioner 

Bennett seconded the motion to approve the following: 



RESOLUTION OF THE BLUE EARTH COUNTY BOARD OF COMMISSIONERS 

AUTHORIZING AND PLEDGING SUPPORT FOR A PHASE II CLEAN WATER 

PARTNERSHIP IMPLEMENTATION GRANT AND LOAN APPLICATION 

AND IDENTIFYING A PROJECT REPRESENTATIVE 



WHEREAS, the Blue Earth County Board of Commissioners seeks 

to improve the water quality of the streams and lakes in Blue 

Earth County; and



WHEREAS, the citizens of Blue Earth County who are members 

of the Duck Lake Water Quality Implementation Project have 

pledged both financial, in-kind and volunteer support to improve 

the water quality of Duck Lake; and



WHEREAS, the Blue Earth County Board of Commissioners has 

resolved to be the governmental sponsor of the Duck Lake Water 

Quality Implementation Project's application for an 

implementation grant from the Minnesota Pollution Control Agency 

for funding under the Clean Water Partnership Act; and 



WHEREAS, Duck Lake Water Quality Implementation Project has 

requested that Blue Earth County pledge both cash and in-kind 

services as part of the Duck Lake Water Quality Implementation 

Project's application for an implementation grant from the 

Minnesota Pollution Control Agency for funding under the Clean 

Water Partnership Act.



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

Board of Commissioners that the total project cost of the Duck 

Lake Water Quality Improvement Project is expected to be 

$106,000. Blue Earth County would be responsible for the total 

project costs with assistance from any contributing sponsors as 

detailed in the application.



A Grant, if awarded, could provide up to fifty percent of the 

total project costs. A Loan could cover all or part of the total 

project costs and could be used to match all or part of a Grant. 



BE IT FURTHER RESOLVED, that the Blue Earth County Board of 

Commissioners pledge $12,000 in cash and $17,000 in-kind services 

as part of the Duck Lake Water Quality Implementation Project's 

application for an implementation grant from the Minnesota 

Pollution Control Agency for funding under the Clean Water 

Partnership Act.



BE IT FURTHER RESOLVED by the Blue Earth County Board of 

Commissioners that it hereby designates Commissioner Alvis More 

as the Project Representative for the Duck Lake Water Quality 

Implementation Project and proposed Clean Water Partnership Phase 

II Project Implementation Grant and/or Loan. 



The Project Representative shall have the authority to represent 

Blue Earth County in all matters that do not specifically require 

action by the Blue Earth County Board of Commissioners. 



BE IT FURTHER RESOLVED by the Blue Earth County Board of 

Commissioners that the Project Representative designated above is 

hereby authorized to submit to the Minnesota Pollution Control 

Agency a Clean Water Partnership Phase II Project Implementation 

Grant and/or Loan Application for the Duck Lake Water Quality 

Improvement Project.



BE IT FURTHER RESOLVED by the Blue Earth County Board of 

Commissioners that submittal of an application does not obligate 

the Blue Earth County Board of Commissioners to accept a Grant 

and/or Loan, if so offered.



The motion carried. 96-374



Mr. Scott Fichtner, Environmental Services Director and Mr. 

Veryl Morrell, Land Use & Natural Resources Administrator, were 

present to discuss the Condominium Law issue at Duck Lake. Ms. 

Katy Wortel, Mankato Township, asked questions. 



Mr. Al Forsberg, Public Works Director, presented the 

following items for the Boards consideration. 



Pursuant to publication, bids were received, opened and 

reviewed for the following public works project, with the 

following results:



PROJECT: CSAH #90 (Copper Mountain Road to the Blue Earth 

River)



BIDDER:	AMOUNT OF BID:

DM Blattner & Sons, Avon, MN	$2,186,839.30

Borneke Construction, Eagle Lake, MN $1,893,191.01 

Enebak Construction, Northfield, MN	$2,386,286.64

Freeborn Construction, Albert Lea, MN $2,360,822.91 

Mathiowetz Construction, Sleepy Eye, MN $1,766,419.19 

R & G Construction, Marshall, MN	$1,761,269.46

Southern MN Construction, Mankato, MN $1,710,193.91 

Richard Knutson, Inc., Savage, MN	$1,777,284.94

SM Hentges & Sons, Jordan, MN	$1,740,913.96

Sorenson Bors. Inc., Albert Lea, MN	$1,905,275.14



Commissioner Bennett moved and Commissioner More seconded the 

motion to recommend the State award to the low bid of 

$1,710,193.91 from Southern Minnesota Construction, Mankato, MN. 

The motion carried. 96-375



Commissioner Tachney moved and Commissioner Barnes seconded 

the motion to approve the following;



RESOLUTION



WHEREAS; MnDOT is planning to construct a new TH 22 

North of TH 14 on the existing CR 193 alignment, and 



WHEREAS; Blue Earth County is planning to reconstruct 

CSAH 3 in the vicinity of the TH 22 project and 

economies are available to do both projects together, 



NOW THEREFORE BE IT RESOLVED; the County Engineer is 

authorized to enter into a Memorandum of Understanding 

between MnDOT and Blue Earth County to frame a future 

Cooperative Agreement to allow this future combined 

construction.



The motion carried. 96-376



The meeting recessed at 12:00 p.m.



The meeting reconvened at 1:30 p.m.



Pursuant to advertisement, a public hearing was continued 

from the October 2, 1996 Board meeting on County Ditch #86. The 

public hearing was opened for public comments by Chairperson 

Landkamer at 1:30 p.m., November 12, 1996. Mr. Chuck Peterson, 

Attorney for the Petitioners and Mr. Doug Parrot, Engineer, gave 

an update on the project. The Engineer would like to continue 

the meeting at a later date so he can review the project and make 

some changes. Commissioner More moved and Commissioner Bennett 

seconded the motion to continue the hearing on December 17, 1996 

at 1:30 p.m. in the Courthouse Boardroom. The motion carried. 

Chairperson Landkamer officially closed the public hearing at 

1:45 p.m., November 12, 1996. A transcript of this hearing is on 

file at the County Administrator's Office, Courthouse, Mankato, 

MN. 96-377



Commissioner Tacheny moved and Commissioner Barnes seconded 

the motion to approve the October 22, 1996 Board Minutes. The 

motion carried. 96-378



Commissioner Barnes moved and Commissioner More seconded the 

motion to approve the following Bills:



Bills for Week of October 28 - November 1, 1996 



Grand Total	$7,893,925.63



Bills for Week of November 4-8, 1996



Grand Total	$2,687,778.93



Bills for Week of November 11-15, 1996



Grand Total	$12,317,590.00



The motion carried. 96-379



Mr. Jerry Kallheim, Land Records Director, presented the 

following ditch petitions.



Commissioner More moved and Commissioner Bennett seconded 

the motion to accept the petitions and order the work done on 

ditchs 88 and 57. The motion carried. 96-380 



Commissioner More moved and Commissioner Bennett seconded 

the motion to accept the petition for Judicial Ditch 28 and 

appoint Chad Surprenant as the engineer. The motion carried. 

96-381



Commissioner Tacheny moved and Commissioner Bennett seconded 

the motion to approve an Application for Repurchase of Forfeited 

Lands to Patricia Fedder, Lot 4, Block 22, Van Brunt's 4th 

Addition, Mankato R01-08-13-404-001 K-79792. The motion carried. 

96-382



Commissioner Tacheny moved and Commissioner Bennett seconded 

the motion to approve tax abatements to Ms. Amy Radichel, 

Alyssa's Addition Park, Mankato, MN R01-08-24-204-016 K-406322 

and Highway Right-of-Way parcels. The motion carried. 96-383 



Commissioner Barnes moved and Commissioner More seconded the 

motion to approve the following Personnel items: 



Employment of Melissa Krautbauer, as a Social Worker 

(Family Services Collaborative) (C42), with a starting 

salary of $14.06 per hour effective November 13, 1996. 

(Human Services)



Employment of Lisa Lyons, as an Accounting Supervisor 

(C51), with a starting salary of $19.27 per hour 

effective November 13, 1996. (Finance)



Employment of Darrin Haeder, as an Engineering 

Technician I (B23), with a starting salary of $10.53 

per hour effective November 18, 1996. (Highway) 



Employment of Jeffrey Schweim, as a Light Equipment 

Operator (B21), with a starting salary of $9.65 per 

hour effective December 9, 1996. (Highway) 



Resignation of Michelle Sandbo, Dispatcher (Part-Time) 

(B23), effective November 12, 1996. (Sheriff) 



Authorization to hire a Dispatcher (Part-Time) (B23) 

off the current 911 Dispatcher Eligibility Register. 

(Sheriff)



The motion carried. 96-384



Commissioner Bennett moved and Commissioner Tacheny seconded 

the motion to table the County Administrator's Contract. 

Commissioners More, Barnes and Landkamer voted nay. The motion 

failed.



After discussion and Comments made by Mr. Gus Johnson, 

Mankato, Commissioner Barnes moved and Commissioner More seconded 

the motion to approve the County Administrator's Contract with a 

change in item number 14 to include "If the employee is unable to 

perform his duties due to physical or mental impediment number 14 

would then not apply." The motion carried. Commissioners 

Bennett and Tacheny voted nay. 96-385



Commissioner Bennett moved and Commissioner Barnes seconded 

the motion to approve the following:



MINNESOTA TRAIL ASSISTANCE PROGRAM

SUPPLEMENTAL AGREEMENT



WHEREAS, on October 6, 1994 the State of Minnesota, 

Department of Natural Resources and Blue Earth County 

have entered into an agreement for the construction, 

maintenance and operation of snowmobile trails known as 

Blue Earth River Trail.



WHEREAS, the County was unable to complete all the 

maintenance and development of the trails due to 

administrative changes, land acquisition problems and 

weather conditions.



WHEREAS, the State of Minnesota, Department of Natural 

Resources wants these trails maintained and operation 

and the County agrees.



THEREFORE, this Supplemental Agreement will extend the 

Grant-in-Aid for one(1) additional year from October 6, 

1996 to October 6, 1997.



All other terms and conditions on the original 

Agreement remain unchanged.



The motion carried. 96-386



Commissioner Barnes moved and Commissioner More seconded the 

motion to approve an agreement with the State of Minnesota 

Department of Human Services for the local collaborative time 

study. The motion carried. 96-387



Commissioner Tacheny moved and Commissioner Bennett seconded 

the motion to approve the following Human Service Agreements: 



Agreement with the Board of Government Innovation and 

Cooperation extending services through December 31, 

1997.



Cooperative Agreement with the County Attorney's Office 

for child support enforcement effective January 1, 1997 

through December 31, 1997.



The motion carried. 96-388



Commissioner Bennett moved and Commissioner More seconded 

the motion to approve a contract with the Department of Human 

Services for the Family Nutrition Program. This is an 

educational program offered by the Minnesota Extension Service to 

families receiving food stamps to help them learn how to make the 

best use of their food dollars. The contract runs from October 

1, 1996 through September 30, 1997. The motion carried. 96-389 



Mr. David Twa, County Administrator presented items for the 

1997 Budget Workshop.



Commissioner More moved and Commissioner Barnes seconded the 

motion to adjourn the meeting at 3:25 p.m. The motion carried. 

96-390