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Unofficial Minutes - Lyon County Board of Commissioners

April 10, 2008
Marshall Independent
April 10, 2008


March 18, 2008

9:00 AM - Meeting called to order by Chairman Goodenow. Members present: Fenske, Ritter, Goodenow, Nelson, Stensrud, and County Administrator Stomberg, Attorney Maes and Auditor/Treasurer Van Overbeke.

Pledge of Allegiance to the Flag.

Approve Agenda

Stensrud moved, seconded by Ritter to approve the agenda with the following addition:

-Add On Sale Liquor License and Sunday Liquor License for Cottonwood Country Club, Inc.

Per Diem Expenses

Fenske $50 $52.52

Goodenow$220 ----

Nelson $100 $103.53

All voted in favor.

Consent Agenda

1.Approve Minutes from March 4, 2008.

2.Approve Commissioner Warrants 111327 to 111437 in the amount of $95,359.74.

3.Approve Auditor Warrants 111269 to 111285 in the amount of $22,540.07 dated 3/6/08 and 111286 to 111312 in the amount of $269,193.87 dated 3/13/08.

4. Approve Per Diems & Expenses

5.Authorize Advertising for Bids - Bituminous Patching Materials

6.Approve the purchase of two network servers, backup system, operating system and installation costs from the dedicated technology fund.

Fenske - I have a question on six is it a computer off the state contract and Hewlett Packard is the brand name? Stomberg - It is a quote from the state contract pricing.

Fenske moved, seconded by Nelson to approve the Consent Agenda items 1 through 6. All voted in favor.

Ritter moved, seconded by Fenske to approve and authorize the Chair to sign a service agreement with Access Communications. All voted in favor.

Ritter moved, seconded by Stensrud to grant a Conditional Use Permit to the Arco Group, Inc., 5974 100th Avenue, Vesta, Minnesota, contact person Stephen VanKeulen, 3255 21st Avenue, Minneota, Minnesota, for a new feedlot and to hear public comment to fulfill Minnesota Session Law 2000 - Minn. Stat. 116.07, subd 7 (l), to construct or expand a feedlot with a capacity of 300 animal units or more. Odor OFFSET setback requirement is 94%, minimum setback 1320‚ from a neighboring dwelling. The land is zoned agricultural and described as following: Southwest Quarter (SW1/4) of Section Two (2), Grandview Township. (Ten acres will be purchased in the Northwest Quarter of the Southwest Quarter (NW1/4 SW1/4) of the above parcel.)

The Proposed Facility to Consist of:

(new) Swine, between 55 and 300 pounds (2750 x .3 animal factor) = 825 Animal Units

Type of Building:

(new) 102‚x224‚ Total Confinement Barn with 102‚x224‚x8‚ Pit

Manure to be applied agronomically. Pit to be pumped at least one time per year, generally in the fall.

The Total Animal Unit Capacity=825 Animal Units As per recommendation of the Lyon County Planning Commission and the Grandview Township Board. With the following stipulations:

1.That the applicant undertakes the project according to the plans and specifications submitted to the county with the application.

2.That the permit is invalid if the holder has not started construction on the feedlot within a year of the issued land use permit. (A land use permit is valid for one year, and can be renewed administratively for a second consecutive year.)

3.That the county may enter onto the premises at reasonable times and in a reasonable manner to insure the permit holder is in compliance with the conditions and other applicable statutes, rules, and ordinances.

4.Manure in a slurry or liquid form that is being applied in accordance to the manure management plan on file with the MPCA shall be injected or spread and incorporated within 24 hours of spreading except for approved emergency spreading.

5. Manure being hauled on public roads must adhere to policies of the particular road authority involved.

6.The applicant shall obtain all appropriate licenses and permits relevant to the request. Agency involved could be the DNR, MPCA, Board of Animal Health, MDA, MDH, etc.

7.Dead animals shall be disposed of in accordance with the Board of Animal Health Regulations. (Structures used for storing dead animals prior to rendering or structures used for composting shall meet appropriate county and state regulations.)

8. The offset model must indicate 94% annoyance odor free. Any odor control technologies used in the offset model must be in place and maintained. Minimum setback to be 1320‚.

9. The feedlot shall meet the minimum standards side, rear, and road right of way setbacks, other setbacks, and lot size. Any trees to be planted shall be at least 60 feet from the road right of way.

10.Violations of these conditions or other regulations found in the Lyon County Zoning Ordinance are grounds for enforcement proceedings.

11.Must apply for and sign property with an E-911 address.

12. A copy of the County Board‚s Motion shall be filed with the County Recorder‚s Office along with the legal description of the property. Additional fees to be paid by the applicant for the actual costs incurred by the county for the recording fees.

13.Apply to the best of his ability good neighborhood policy.

14. In the event of disease outbreaks, neighboring hog producers within a mile must be notified. This is to alert the neighboring hog producers so they can implement strategy to best protect their facilities.

15.A pest prevention program must be implemented to control pests from transporting disease from one hog facility to another. Examples would include fly control and rodent control.

16.The management of manure and the disposal of dead animals shall conform to industry standards to minimize the spread of disease.

Nelson - I‚m afraid under the situation we have they have met all of the requirements it would be awful hard to deny it and I don‚t see how we can consider a disease that no one understands to use as a mitigating factor. Your certainly can‚t write a rule on a disease no one understands. I would say if the two participants can agree to a bigger distance mutually that we would consider a reapplication but that would have to be between them. Goodenow - An amendment not a reapplication then the fee would not have to be paid again. All voted in favor.

Fenske moved, seconded by Ritter to authorize advertising for bids for the Landfill Expansion and setting a bid opening date for April 29 at 2:00 p.m. We will try for the Public Hearing on April 10 or 15. All voted in favor.

10:46 Meeting Recessed

10:58 Meeting Called Back to Order

Fenske moved, seconded by Ritter to award the bid for the tandem axle truck with snow equipment to Westman Freightliner based on availability of warranty and service. All voted in favor.

Stensrud moved, seconded by Ritter to approve the on sale Liquor License and on sale 3.2 Sunday Liquor License to the Cottonwood Country Club. All voted in favor.

Fenske moved, seconded by Ritter to approve and authorize the Chair to sign and send a letter on behalf of the County Board to the Public Utilities Commission regarding the route permit on the Lake Yankton to Marshall Transmission Line Project. All voted in favor.

Ritter reported on Planning and Zoning.

Stensrud - Yellow Medicine Watershed has applications out for a new director.

Nelson passed around a flier from Senator Fredrickson regarding Transportation Funding. Also reported on Planning and Zoning, Mr B and RCRCA.

Fenske - I am looking at the AMC Leadership Cohort group what is our involvement? Discussion. Fenske - Jackson County discussed how wind power has went so well for them $158,000 was brought into the county in taxes and $22,000 into a township.

Goodenow reported on Sammie and Prairie Net Wan.

11:37 a.m. Ritter moved, seconded by Fenske to go into closed session for labor negotiations. All voted in favor.

12:27 p.m. Stensrud moved, seconded by Fenske to come out of closed session. All voted in favor.

Ritter moved, seconded by Stensrud to adjourn until April 1 at 9:00 a.m. All voted in favor.

Mark S. Goodenow, Chairman

Attest: Loren Stomberg

Lyon County Administrator



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