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Lyon County Board of Commissioners

Unofficial Minutes

June 18, 2009
Marshall Independent

June 18, 2009

UNOFFICIAL MINUTES - SUBJECT TO CORRECTIONS

LYON COUNTY BOARD OF COMMISSIONERS

LYON COUNTY GOVERNMENT CENTER, MARSHALL, MN

May 19, 2009

9:00 a.m. - Meeting called to order by Chairman Stensrud. Members present: Fenske, Ritter, Goodenow, Nelson, Stensrud, County Administrator Stomberg, Auditor / Treasurer VanOverbeke. Absent: Attorney Maes.

Ritter moved, seconded by Fenske to approve the agenda. All voted in favor.

Goodenow Per Diems $300 Expenses ---------

Fenske Per Diems $100 Expenses $347.58

Ritter Per Diems $230 Expenses $206.25

Nelson Per Diems $50 Expenses $65.45

Consent Agenda

1.Approve Minutes from May 1, 2009 and May 5, 2009

2.Approve Commissioner Warrants 116404-116518 in the amount of $116,340.29 dated 5/20/09.

3.Approve Auditor Warrants 116307-116338 in the amount of $73,170.47 dated 5/7/09 and 116351- 16384 in the amount of $283,321.96 dated 5/14/09.

4.Approve Per Diems & Expenses

5.Approve awarding bid for Bituminous Materials Ritter moved, seconded by Nelson to approve the consent agenda. All voted in favor.

Goodenow moved, seconded by Ritter to grant a Conditional Use Permit to Peter and Scott Louwagie, 2516 360th Street, Cottonwood, Minnesota, for a feedlot expansion 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 Southwest Quarter (SW1/4), Section Twenty-two (22), Vallers Township.

Existing Facility Consists of:Cattle Dairy, Mature Cow over 1000 pounds (150 x 1.4 animal factor) = 210 Animal Units Cattle Dairy, Heifer (100 x .7 animal factor) = 70 Animal Units Cattle Dairy, Calf (50 x .2 animal factor)= 10 Animal Units Cattle Beef, Slaughter (300 x 1.0 animal factor)= 300 Animal Units

Type of Buildings: Total Confinement Barn (Parlor) 50x36 with 1,100 Gallon Tank Milk Center Wastewater Storage

Total Confinement Barn (Monoslope) 123x390 with Manure Pack on Lot or Floor 123x390 Partial Confinement Barn 34x64 with Open Lot with Runoff Controls 16x64 with Manure

Pack on Lot or Floor 50x64 Partial Confinement Barn 20x40 with Open Lot with Runoff Controls 27x57 with Manure Pack on Lot or Floor 20x40 and 27x57 Partial Confinement Barn 54x96 with Open Lot with Runoff Controls 224x94 with Manure Pack on Lot or Floor 54x96 and 224x94 Partial Confinement Barn - 50 Calf Huts each 4x8

Proposed Facility to Consits of: Cattle Dairy, Mature Cow over 1000 pounds (150 x 1.4 animal factor)=210 Animal Units

(new)Cattle Dairy, Mature Cow over 1000 pounds(20 x 1.4 animal factor)= 28 Animal Units Cattle Dairy, Heifer (100 x .7 animal factor) = 70 Animal Units Cattle Dairy, Calf (50 x .2 animal factor) = 10 Animal Units Cattle Beef, Slaughter (300 x 1.0 animal factor)= 300 Animal Unit

Type of Buildings:

Total Confinement Barn (Parlor) 50x36 with 1,100 Gallon Tank Milk Center Wastewater Storage Total Confinement Barn (Monoslope) 123x390 with Manure Pack on Lot or Floor 123x390 Partial Confinement Barn 34x64 with Manure Pack on Lot or Floor 50x64 (eliminating) Open Lot with Runoff Controls 16x64 (new) 16x64 Roof over Open Lot Partial Confinement Barn 20x40 with Open Lot with Runoff Controls 27x57 with Manure Pack on Lot or Floor 20x40 and 27x57 Partial Confinement Barn - 50 Calf Huts each 4x8

(eliminating) Partial Confinement Barn 54x96 with Open Lot with Runoff Controls 224x94 with Manure Pack on Lot or Floor 54x96 and 224x94 (replacing with new) Total Confinement Barn 75x90 with Stacking Slab 75x90

(new) Manure Concrete Stacking Slab 20x40 (new) Dead Animal Composting Facility 12x24 (new) 20,000 Gallon Milk House Waste Storage Tank Manure to be applied agronomically according to manure management plan.

The Total Animal Unit Capacity=618 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. 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.

Fenske moved, seconded by Nelson to approve the out state travel for Correctional Officers Robert Jesse and Marc Babcock from May 21 through May 23 2009 to San Antonio, TX. Ritter - Why two people versus one? Marks - I would have gone down there but we have interviews scheduled and I felt more comfortable with two sets of eyes. Nelson - The old locks that we had problems with is this the same one? Marks - No it is different. All voted in favor.

Nelson moved, seconded by Goodenow to rescind the motion for the RCRCA appropriation from the May 5, 2009 Board Meeting. All voted in favor.

Ritter moved, seconded by Fenske to approve and authorize the Chair to sign an addendum extending the current contract 90 days past the June 30, 2009 expiration date of the current agreement. All voted in favor.

10:00 Meeting Recessed

10:15 Meeting Called Back to Order

Nelson moved, seconded by Ritter to accept the lowest bid for the CSAH 3 bridge replacement by M & K Bridge Construction, Inc. of $317,680.00. All voted in favor. Ritter - Is it the same structure as on county road 8? Goodenow - When will this start and be done? Kanwar - Mid June and they will be done by the end of September.

Ritter moved, seconded by Fenske to approve the bid from Duininck Brothers, Inc. for $446,190.10 for CSAH 5 mill and over project. All voted in favor. Fenske - When will this be done? Kanwar - Before the end of September. Ritter - Will this remain open for the locals? Kanwar - Yes.

Goodenow moved, seconded by Ritter to accept the resignation of Marg Louwagie. All voted in favor.

Goodenow moved, seconded by Fenske to accept and authorize the Chair to sign a contract with Pratt Affordable Excavating for the construction of Phase 7 construction conditioned upon receipt of insurance documentation and bonds. All voted in favor.

Ritter moved, seconded by Nelson to approve and sign a notice to proceed for the Lyon County Sanitary Landfill Phase 6 through 8 Final Cover Construction. All voted in favor.

Goodenow moved, seconded by Ritter to amend the recycling contract with the city of Minneota. All voted in favor.

Goodenow moved, seconded by Fenske to approve and authorize the Board Chair and County Administrator to sign a contract with Suhail Kanwar and appoint him for a four year term as County Engineer beginning in May of 2009. Fenske - Question, on the hours of work? Does he get treated like an elected official? Where some weeks he may work 35 and others 50? Stomberg - He doesnt get over time because he is salary. All voted in favor.

Reviewed Meeting Schedule

Commissioners Reports Ritter moved, seconded by Nelson to adjourn until June 2, 2009 at 9:00 a.m. All voted in favor.

Rodney Stensrud, Chairman

Attest:

Loren Stomberg

Lyon County Administrator

 
 
 

 

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