FARIBAULT COUNTY
BOARD OF COMMISSIONERS
OFFICIAL PROCEEDINGS
SEPTEMBER 4, 2001
The Faribault County Board of Commissioners met in regular session at the Courthouse in the City of Blue Earth at 9:00 a.m. on September 4, 2001. The following members were present: Virgil Klatt, Loren Lein, Paul Meyer, Ralph Prescher, and Tom Warmka Commissioners. Auditor John Thompson was also present.
The meeting was called to order by Chairman Lein.
The pledge of allegiance was recited.
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Prescher/Klatt motion carried to approve the synopsis and the official proceedings of the regular meeting August 21, 2001.
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Meyer/Warmka motion carried unanimously to approve agenda of September 4, 2001.
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The calendar was updated. Committee reports were presented.
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Treasurer David Frank met regarding ISTS loans and grants.
Prescher/Klatt motion carried unanimously to approve the following ISTS loans: loan of $5,653 to Craig Beyer on Parcel No. 03.023.0300 in Brush Creek Township; loan of $7,696.79 to Roger Dutton on Parcel No. 02.015.0501 in Blue Earth Township; loan of $4,891.40 to James Murry on Parcel No. 15.010.0400 in Prescott Township; and loan of $4,693.46 to Thomas Naylon on Parcel No. 13.002.0401 in Minnesota Lake Township.
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Bob Brush met with the board. Brush was awarded the “Golden 50” conservation award from the Governor of Minnesota for his significant contribution to wildlife management area programs. The board thanked Mr. Brush for his dedication to area conservation projects.
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Tom Kopp and Ann MacGregor of Minnesota Valley Action Council met regarding agency business. The Emergency Shelter Grant program (ESGP) was discussed. Grant funds are provided to help people who face possible homeless status. Region Nine counties need to sign off on the grant, which provides $50,000 over the next two years, July 1, 2001 to June 30, 2003. The program works in conjunction with other programs to help clients stabilize their situation.
Prescher/Meyer motion carried unanimously to approve participation of Faribault County in the Emergency Shelter Grant program sponsored by Region Nine and Minnesota Valley Action Council.
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Veteran Services Officer Bryan Schultz met regarding office business. Community Based Outpatient Clinics (CBOC) were discussed. CBOC’s allow local service to veterans. Health and other benefits received by veterans were discussed. The Veteran Services Office budget was also discussed.
Warmka/Klatt motion carried unanimously to authorize the Veteran Services Officer to investigate a new van when the present E-350 approaches 50,000 miles.
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Planning and Zoning Technician Bruce Blakesley met regarding conditional use permits.
Meyer/Prescher motion carried unanimously to approve Resolution 01-PZ01-36 for a conditional use permit for the City of Delavan to install earthen ponds with planning commission’s approval. Commissioners Klatt, Lein, Meyer, Prescher, and Warmka voted yes.
R E S O L U T I O N
CONDITIONAL USE PERMIT
CITY OF DELAVAN
SECTION 35, DELAVAN TOWNSHIP
WHEREAS:The City of Delavan applied for a Conditional Use Permit under the
Faribault County Zoning Ordinance requesting a permit to install a stabilization pond in an A-2 General Agriculture District located at the following described property:
The Southwest Quarter (SW ¼) of the Northeast Quarter (NE ¼)
and the Northwest Quarter (NW ¼) of the Southeast Quarter (SE ¼), Section Thirty-five (35), Township One Hundred Four (104), Range Twenty-seven (27), West of the Fifth Principal Meridian, Delavan Township in the County of Faribault, Minnesota.
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, nor 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, and 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 proper facilities are provided which would eliminate any
traffic congestion or traffic hazard which may result from the proposed use.
NOW THEREFORE BE IT RESOLVED: The Faribault County Board of
Commissioners approve the Conditional Use Permit for a stabilization pond for the City of Delavan conditioned on the following:
1.Subject to regulatory agency approvals.
2.The City of Delavan must comply with Minnesota
Pollution Control Agency (MPCA) standards and regulations regarding the stabilization pond construction and operation.
Warmka/Klatt motion carried unanimously to approve Resolution 01-PZ02-37 for a conditional use permit for Eric Huper to build a two family dwelling in Foster Township with planning commission’s approval. Commissioners Klatt, Lein, Meyer, Prescher, and Warmka voted yes.
R E S O L U T I O N
CONDITIONAL USE PERMIT
ERIC HUPER
SECTION 1, FOSTER TOWNSHIP
WHEREAS:Eric Huper applied for a Conditional Use Permit under the Faribault County Zoning Ordinance requesting a permit to locate a two family dwelling in an A-2 General Agriculture District located at the following described property:
The East 728.5 feet of the Southwest Quarter (SW ¼) of Section One (1) in Township One Hundred Two (102) North of Range Twenty-four (24) West of the Fifth Principal Meridian in the County of Faribault and State of Minnesota lying South of the land presently owned by the State of Minnesota and used for the Interstate Highway System and an undivided one-half interest in the West Half of the Southeast Quarter (W ½ of SE ¼) of Section One (1) in Township One Hundred Two (102) North of Range Twenty-four (24) West of the Fifth Principal Meridian in the County of Faribault and State of Minnesota except that portion of the said West Half of the Southeast Quarter owned by the State of Minnesota and used for the Interstate Highway System.
WHEREAS:The Planning Commission finds:
a.That the conditional use will not be injurious tot he use and
enjoyment of other property in the immediate vicinity for the purposes already permitted, nor 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, and 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 proper facilities are provided which would eliminate any
traffic congestion or traffic hazard which may result from the proposed use.
NOW THEREFORE BE IT RESOLVED: The Faribault County Board of
Commissioners approve the Conditional Use Permit for Eric Huper for the purpose of a two family dwelling located in an A-2 General Agriculture District.
Warmka/Meyer motion carried unanimously to approve Resolution 01-PZ03-38 for a conditional use permit for South Central Minnesota Youth for Christ to build a church camp in Brush Creek Township. Commissioners Klatt, Lein, Meyer, Prescher, and Warmka voted yes.
R E S O L U T I O N
CONDITIONAL USE PERMIT
SOUTH CENTRAL MINNESOTA YOUTH FOR CHRIST
SECTION 34, BRUSH CREEK TOWNSHIP
WHEREAS:South Central Minnesota Youth for Christ applied for a Conditional
Use Permit under the Faribault County Zoning Ordinance requesting a permit to locate a Church Camp in an A-1 Shoreland Agriculture District located at the following described property:
Section Thirty-four (34) North, Range Twenty-five (25) West of the Fifth Principal Meridian Brush Creek Township in the County of Faribault, Minnesota.
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, nor 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, and 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 proper facilities are provided which would eliminate any
traffic congestion or traffic hazard which may result from the proposed use.
NOW THEREFORE BE IT RESOLVED:The Faribault County Board of
Commissioners approve the Conditional Use Permit for a Church Camp for South Central Minnesota Youth for Christ conditioned on the following:
1.Must comply with state and local zoning regulations.
2.Camp will include Prayer Chapel, maintenance building, high and low ropes course, lodge, registration cabin, RV sites, Church, bath and shower facility with septic, gazebo, canteen – sports storage building and parking lot.
Warmka/Prescher motion carried unanimously to approve Resolution 01-PZ04-39 for a conditional use permit for Nicolas Hubbard to build a two family dwelling in Walnut Lake Township. Commissioners Klatt, Lein, Meyer, Prescher, and Warmka voted yes.
R E S O L U T I O N
CONDITIONAL USE PERMIT
NICOLAS L. HUBBARD
SECTION 25, WALNUT LAKE TOWNSHIP
WHEREAS:Nicolas L. Hubbard applied for a Conditional Use Permit under the
Faribault County Zoning Ordinance requesting a permit to locate a two family dwelling in an A-2 General Agriculture District located at the following described property:
The East Half (E ½) of the Southeast Quarter (SE ¼) of Section twenty-five (25), Township one hundred three (103) North, Range Twenty-five (25) West of the Fifth Principal Meridian Walnut Lake Township in the County of Faribault, Minnesota.
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, nor 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, and 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 proper facilities are provided which would eliminate any
traffic congestion or traffic hazard which may result from the proposed use.
NOW THEREFORE BE IT RESOLVED:The Faribault County Board of
Commissioners approve the Conditional Use Permit for Nicolas L. Hubbard for the purpose of a two family dwelling located in an A-2 General Agriculture District.
Klatt/Meyer motion carried unanimously to approve Resolution 01-PZ05-40 for a conditional use permit for Mark Gregor to locate a business in Minnesota Lake Township. Commissioners Klatt, Lein, Meyer, Prescher, and Warmka voted yes.
R E S O L U T I O N
CONDITIONAL USE PERMIT
MARK A. GREGOR
SECTION 10, MINNESOTA LAKE TOWNSHIP
WHEREAS:Mark A. Gregor applied for a Conditional Use Permit under the
Faribault County Zoning Ordinance requesting a permit to locate a business in an A-2 General Agriculture District located at the following described property:
The Northeast Quarter (NE ¼) of the Northeast Quarter (NE ¼) of the Northwest Quarter (NW ¼), Section Ten (10), Township One Hundred Four (104), Range Twenty-five (25), West of the Principal Meridian Minnesota Lake Township in the County of Faribault, Minnesota.
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, nor 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, and 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 proper facilities are provided which would eliminate any
traffic congestion or traffic hazard which may result from the proposed use.
NOW THEREFORE BE IT RESOLVED: The Faribault County Board of
Commissioners approve the Conditional Use Permit for Mark A. Gregor for the purpose of a business located in an A-2 General Agriculture District.
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Meyer/Warmka motion carried unanimously to adopt Resolution 01-CB-41 for proposed projects establishing compliance with Bonding Regulations. Commissioners Klatt, Lein, Meyer, Prescher, and Warmka voted yes.
RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS TO BE UNDERTAKEN BY FARIBAULT COUNTY; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE
BE IT RESOLVED by the Faribault County Board of Commissioners (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)OfficialIntentDeclaration.
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:
Maximum Amount of Bonds
Project Expected to be Issued for Project
County Ditch 43 Improvement & Repair$ 200,000.00
Joint County Ditch 204 Br T-29 & T-30 Improvement$ 90,000.00
County Ditch #9$ 240,000.00
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 reimbursements bonds. Consequently, it is not expected that the issuance of the reimbursements 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 identity the original expenditures being reimbursed.
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Public Works Director John McDonald met regarding office business.
Meyer/Klatt motion carried unanimously to adopt Resolution 01-RB06-42 to apply for a snowmobile trail maintenance grant. Commissioners Klatt, Lein, Meyer, Prescher, and Warmka voted yes.
R E S O L U T I O N
WHEREAS,the County of Faribault desires to maintain the existing public snowmobile trail; and
WHEREAS, the Minnesota Trails Assistance Program provides grants to local units of government for the maintenance of recreational trails pursuant to Minnesota Statutes, Section 84.83 (1995); and
WHEREAS,the Faribault County Public Works has applied to the State for a grant aid and presented the agreement for said trails and has submitted the Minnesota Assistance Program’s application forms.
THEREFORE IT IS RESOLVED, that the Faribault County Board of Commissioners fully supports and approves the application and grant agreement.
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Meyer/Klatt motion carried unanimously to adopt Resolution 01-CB-43 proclaiming September 16-22, 2001 as Yellow Ribbon Suicide Prevention and Awareness week. Commissioners Klatt, Lein, Meyer, Prescher, and Warmka voted yes.
R E S O L U T I O N