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Unofficial Minutes - Subject to Corrections

May 20, 2008

June 10, 2008
Marshall Independent
June 10, 2008

UNOFFICIAL MINUTES - SUBJECT TO CORRECTIONS LYON COUNTY BOARD OF COMMISSIONERS LYON COUNTY GOVERNMENT CENTER, MARSHALL, MN

May 20, 2008

8:00 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

Stomberg - I have one addition. This is to pay a bill for the Sheriff‚s Department out of the dedicated technology fund. Discussion. Stomberg - There are two of them. This would be in addition to. There is money budgeted for it. Nelson - Is this state bid? So they are Hewlett Packard? Stomberg - Yes. Goodenow - Let‚s add to the consent. Number 9 is the one for Dispatch and number 10 is for the other six. Ritter moved, seconded by Fenske to approve the agenda. All voted in favor.

The following per diems and expenses were presented:

Per Diem Expense

Stensrud $150 $26.26

Goodenow $100

Ritter $150

Fenske $140

Nelson $150 $109.60

1.Approve Minutes from May 6, 2008.

2.Approve Minutes from May 13, 2008.

3.Approve Commissioner Warrants 112092 to 112202 in the amount of $275,472.47 dated 5/22/08.

4.Approve Auditor Warrants 112035 to 112056 in the amount of $57,784.25 dated 5/8/08 and 112071 to 112091 in the amount of $323,536.73 dated 5/15/08.

5.Approve Per Diems & Expenses

6.Authorize Advertising for Bids SP 42-605-32

7.Approve Award of Bid to Sibson Gravel, LLC.

8.Approve E911 Sign Abatement

9.Approve computer purchase for Sheriff‚s Department from dedicated technology fund

10.Approve purchase of six computers for Sheriff‚s Department from dedicated technology fund Stensrud moved, seconded by Ritter to approve the consent agenda as amended with the addition of item number 10. All voted in favor.

Nelson moved, seconded by Fenske to approve and authorize the Chair to sign a resolution to rejoin the Minnesota River Basin Joint Powers Board (Resolution 11-08 on file at County Administrator's Office). All voted in favor.

Stensrud moved, seconded by Ritter to approve and authorize the Chair to sign the Minnesota River Basin Joint Powers Agreement. All voted in favor.

Nelson moved, seconded by Fenske to approve and authorize the Chair to sign the Minnesota River Basin Joint Powers Board Operating By-Laws. All voted in favor.

Fenske moved, seconded by Stensrud to grant a Conditional Use Permit to the David Vandelanotte, 3125 350th Street, Cottonwood, Minnesota, for a Conditional Use Permit request for a 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 requirement is 94%, minimum setback of 605‚ from a neighboring dwelling. The land is zoned agricultural. The land is described as follows: East Half of the Northwest Quarter (E1/2 NW1/4), of Section Thirty-four (34), Lucas Township.

Existing Facility Consists of:

Beef Cattle, Slaughter (300x 1.0 animal factor) = 300 Animal Units

Types of Buildings:

40‚x100‚ Partial Confinement Barn and 40‚x100‚ Manure Pack on Lot or Floor 50‚x100‚ Open Lot without Runoff Controls 60‚x100‚ Open Lot without Runoff Controls

60‚x130‚ Uncovered Feed Storage Area The Proposed Facility Consist of:

Beef Cattle, Slaughter (300 x 1.0 animal factor) = 300 Animal Units (new) Beef Cattle, Slaughter (600 x 1.0 animal factor) = 600 Animal Units

Types of Buildings:

40‚x100‚ Partial Confinement Barn and 40‚x100‚ Manure Pack on Lot or Floor 50‚x100‚ Open Lot without Runoff Controls 60‚x100‚ Open Lot without Runoff Controls

60‚x130‚ Uncovered Feed Storage Area

(new) 100‚x360‚ Total Confinement Barn with 100‚x360‚ Manure Pack on Lot or Floor

Manure storage areas will be temporary stockpiles. Manure to be applied agronomically to crop ground when necessary.

The Total Animal Unit Capacity = 900 Animal Units As per recommendation of the Lyon County Planning Commission. 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. Minimum setback to be 605‚. Any odor control technologies used in the offset model must be in place and maintained.

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.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.

All voted in favor.

Goodenow set a public hearing for the redetermination of CD 39 for July 15, 2008 at 1:30 p.m. in CR 1 & 2.

Goodenow set the County Ditch Levy meeting for August 19, 2008 at 1:30 p.m. Goodenow set the Judicial Ditch Levy meeting for August 19, 2008 at 2:00 p.m.

Nelson moved, seconded by Fenske to approve a resolution for state bridge bond funds. Ritter - Of the total bid what are the local dollars? Nelson - Any overage has to go back. Discussion. Ritter - So about $11,000 in local dollars. All voted in favor.

Stensrud moved, seconded by Ritter to award the contract for SAP 42-599-134 to Midwest Contracting for the low bid amount of $162,521.25. All voted in favor.

Stensrud moved, seconded by Ritter to approve MNDOT Maintenance Agreement #9817M. Maes - As it was with the last one I don‚t like number 9 and traveling elsewhere. The project is here. All voted in favor.

Nelson moved, seconded by Fenske to approve and authorize the Chair to sign a resolution regarding MNDOT Maintenance Agreement #9817M (Resolution 12-08 on file at County Administrator‚s Office). All voted in favor.

Stensrud moved, seconded by Ritter to authorize advertising for bids and set a bid opening date for June 19, 2008 at 11:00 a.m. in Commissioner‚s Room 3. Goodenow - Can we have this done this year? Greenwood - I have a starting date of mid July and a completion date of mid October. All voted in favor.

Nelson moved, seconded by Stensrud to approve a 5 year contract for real estate recording software with Fidlar Software Companies. All voted in favor.

10:00 Meeting Recessed

10:15 Meeting Called Back to Order

Goodenow moved, seconded by Stensrud to authorize the Chair to sign the contract with Veit for the landfill expansion project. Fenske - When will they be ready to get started? Doran - Next week. Fenske - How big a crew does this involve? Doran - They have a lot of equipment. All voted in favor.

Fenske moved, seconded by Ritter to approve the change order for the landfill expansion. All voted in favor.

Fenske moved, seconded by Ritter to approve Work Request 2008-4 from R.W. Beck for the installation of gas vents in the landfill Phase 7 cell. Ritter - Question, $16,000 so it could be more? Doran - $7,500 to $10,000 more. Ritter - Nothing to do with do with recapture? Doran - No but they will be designed for that purpose. All voted in favor.

Ritter moved, seconded by Fenske to approve R.W. Beck Work Request 2008-5 for well sealing and new monitoring well and gas probe construction. All voted in favor.

Fenske moved, seconded by Stensrud to approve R.W. Beck work request 2008-7 to provide engineering and consulting services for Phase 9A/9B and Leachate Storage Pond Construction Oversite and Documentation. Ritter - Does the county get documentation for per hour what is billed, so this number is not to exceed? Doran - There is a monthly invoice. All voted in favor. Stensrud moved, seconded by Fenske to approve, adopt, and authorize the Chair to sign the Joint Powers Agreement for the Southwest Minnesota Regional Radio Board. All voted in favor.

Fenske moved, seconded by Stensrud to approve and authorize the Chair to sign a letter of intent to contract with A‚viands Food Service Management. All voted in favor.

Ritter moved, seconded by Nelson to set the length of term of the jail bonds at 12 years. All voted in favor.

Ritter moved, seconded by Nelson to adopt the resolution as amended to 12 years setting the sale of the jail bonds and entering into the credit enhancement program. All voted in favor.

Fenske moved, seconded by Stensrud to adopt the resolution relating to the sale of approximately $730,000 GO bonds on the ditch refunding. All voted in favor.

Stomberg - So by doing the resolution a special meeting of the County Board will be on June 24, 2008 at 9:00 a.m. to accept or reject the proposals? Goodenow - Yes we did that.

Stensrud reported on the Yellow Medicine Water Shed and Western Mental Health.

Nelson reported on MRB and RCRCA.

Fenske - A joint board will have to be set up with Planning and Zoning, the city, county, and Airport Commissioner. We need to find two Board members.

Goodenow reported on Library and fundraising for it.

Ritter moved, seconded by Nelson to adjourn until June 3 at 9:00 a.m. All voted in favor.

Mark S. Goodenow, Chairman

Attest: Loren Stomberg

Lyon County Administrator
 
 

 

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