September 6, 2008
UNOFFICIAL MINUTES - SUBJECT TO CORRECTIONS
LYON COUNTY BOARD OF COMMISSIONERS LYON COUNTY GOVERNMENT CENTER, MARSHALL, MN
August 19, 2008
9:00 AM - Meeting called to order by Chairman Goodenow.
Members present: Fenske, Nelson, Ritter, Goodenow, Stensrud, County Administrator Stomberg, and Auditor/Treasurer Van Overbeke.
Absent: Attorney Maes
Nelson moved, seconded by Ritter to approve agenda. All voted in favor.
1.Approve Minutes from August 5,2008
2.Approve Commissioner Warrants 113164 to 113281 in the amount of $178,099.24 dated 8/20/08.
3.Approve Auditor Warrants 113282 to 113297 in the amount of $290,519.40 dated 8/20/08 and 113310 to 113335 in the amount of $167,198.35 dated 8/21/08 and 113336 to 113337 in the amount of $2,345.17 dated 8/22/08 and 113338 to 113355 in the amount of $14,899.01 dated 8/28/08.
4.Approve Per Diems & Expenses
5.Accept donation for Ag-Society from Marshall American Legion Post 113 for $500.
6.Approve Subordination Agreement with United Southwest Bank.
Per Diems Expenses
Ritter $190 ----
Fenske $230 $184.01
Stensrud moved, seconded by Nelson to approve the consent agenda. All voted in favor.
Nelson moved, seconded by Stensrud to grant a Conditional Use Permit to Allan Telste, 1555 290th Street, Minneota, 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 setback requirement is 94%. The land is zoned agricultural. The land is described as the West Half of the Northeast Quarter (W1/2 NE1/4), Section Thirty-five (35), Nordland Township.
Existing Facility Consists of:
Swine, between 55 and 300 pounds (700 x .3 animal factor) = 210 Animal Units Swine, under 55 pounds (350 x .05 animal factor)= 17.5 Animal Units
Types of Buildings: 28x40 Partial Confinement Barn with 16x40 Open Lot with Runoff Controls and 20x40x3 Pit 26x56 Total Confinement Barn and 62x56x10 Pit 30x80 Total Confinement Barn and 96x10x8 Pit 24x38 Total Confinement Barn and 20x40x2 Pit 24x84 Total Confinement Barn and 30x10x7 Pit 40x70 Partial Confinement Barn with 20x40 Open Lot with Runoff Controls and 12x40x2 Stacking Slab
The Proposed Facility Consist of: Swine, between 55 and 300 pounds (700 x .3 animal factor) =210 Animal Units Swine, under 55 pounds (350 x .05 animal factor) = 17.5 Animal Units (new) Swine, between 55 and 300 pounds (300 x .3 animal factor)= 90 Animal Units (new) Swine, under 55 pounds (150 x .05 animal factor) = 7.5 Animal Units
Types of Buildings: 26x56 Total Confinement Barn and 62x56x10 Pit 30x80 Total Confinement Barn and 96x10x8 Pit 24x38 Total Confinement Barn and 20x40x2 Pit 24x84 Total Confinement Barn and 30x10x7 Pit (new) 41x208 Total Confinement Barn and 41x208x8 Pit Manure to be applied agronomically to crop ground when necessary.
Pits to be pumped at least one time per year, generally in the fall.
The Total Animal Unit Capacity= 325.0 Animal Units
As per recommendation of the Lyon County Planning Commission and the Nordland 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. Minimum setback to be 914. 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 Boards Motion shall be filed with the County Recorders 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.
Stensrud moved, seconded by Ritter to grant a Conditional Use Permit to the Knochenmus Enterprises, 2196 190 Avenue, Lynd, Minnesota, contact person Chad Jensen, 1600 Hahn Road, Marshall, Minnesota, (facility address not acquired) for a Conditional Use Permit request 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%. The land is zoned agricultural and described as the Northeast Quarter (NE1/4) of Section Twenty (20), Rock Lake Township.
The Proposed Facility to Consist of: (new) Swine, between 55 and 300 pounds (2400 x .3 animal factor)= 720 Animal Units
Type of Building: (new) 1016x192 Total Confinement Barn with 1016x192x8 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 = 720 Animal Units
As per recommendation of the Lyon County Planning Commission and the Rock Lake Township Board. With the following stipulations:
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.
11. Must apply for and sign property with an E-911 address.
12.A copy of the County Boards Motion shall be filed with the County Recorders 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.
Ritter - Did I understand you say a quarter mile off of 14? Biren - It will be less than a quarter mile. They could access 14 but I suggested the township road because it would be safer. Fenske - There is no access on to 14 and they didnt ask to use it? Biren - They didnt ask. I think it would be safer. All voted in favor.
Fenske moved, seconded by Ritter to accept the petition for MnDot and to set a public hearing date for September 16 at 10:30 a.m. All voted in favor.
Stensrud moved, seconded by Nelson to award a grant of $9,000 to upgrade the city of Florences septic systems. All voted in favor.
Fenske moved, seconded by Stensrud to approve the cooperative agreement for the collection of waste pesticides with the Department of Agriculture. All voted in favor.
Fenske moved, seconded by Ritter to approve the agreement with Xcel. All voted in favor. Ritter - Did the administrative law judge determine that? Rogers - Adam Sokolski makes the recommendation to the PUC.
Ritter moved, seconded by Stensrud to accept the resignation of Sheriff Dahl effective September 30, 2008. Goodenow - He has done a very good job and it is unfortunate to lose him. Fenske - There has been some very nice things said about him. All voted in favor.
Nelson moved, seconded by Ritter to advertise and interview for the Sheriff position. Fenske - How long would you give the applicants a chance to respond? Stomberg - I am assuming the Board would want to do an interview. They need to be post qualified. Eligible to stand for election? Maes - They dont have to be. You dont have to complete the process by the 30th the Chief Deputy can fill the position until you appoint. Goodenow - In the statute it is not a requirement you can put it as preferred. Fenkse - But have experience preferred yes. Maes - That would help in your decision process. All voted in favor.
Ritter moved, seconded by Nelson to suspend the retiree policy until April 1, 2009. Stomberg - If I get a resignation on my desk the benefit will not be guaranteed? Goodenow - You cant leave people wondering forever. Fenske - What if someone resigns until that time? Stomberg - Would it be paid until changed or nothing until resolved? Ritter - Nothing. Maes - It is sort of a guaranteed lawsuit. Fenske - What would you suggest Maes? Maes - I think it is good to have the discussions. You are going to have upset people who have worked a number of years with an expectation. It is a tough decision. Ritter - So do I retract my motion and say that it is suspended forever would that cover it? Maes - No. Fenske - We need to give our administrator guidelines. Goodenow - Could retro it back if they retired. Or we could do it as though it was the old benefit as the date of the decision. Fenske - Pay the benefits but they know it is going to change. So if they retire next month and they are getting 100% of the present plan they know that it is not necessarily going to be there once we reach a decision. I think anyone that does retire should get coverage until we reach a decision. Goodenow - We dont want to hold up someone who wants to retire. Is there anything else? Nelson - Is this part of the motion? Is this friendly to Ritters motion? I seconded that. Suspended until April 1, 2009 any employee retiring before then will have the current benefit but they will be on notice that it will change. Ritter - This discussion is focused on the employees. What this Board needs to realize is that we work for the tax payers. Fenske - As soon as I saw this in 1997 I brought it to the Board. Every Board since 1985 is at fault for not funding it. All voted in favor.
Fenske moved seconded by Goodenow to create an Equipment Expenditures Committee. Fenske - One discussion point you mentioned micro managing because we dont want to do that. We are not trying to micro manage but part of the Committee is to provide more information to the Board. All voted in favor. Goodenow appointed Commissioner Ritter and Commissioner Stensrud to the Equipment Expenditures Committee.
Reviewed Meeting Schedule Commissioners Reports
Ritter moved, seconded by Stensrud to adjourn. All voted in favor.
Mark S. Goodenow, Chairman
Attest: Loren Stomberg Lyon County Administrator