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Unnofficial Minutes - Subject to Corrections - Lyon County Board of Commissioners

September 14, 2009
Marshall Independent

September 15, 2009

UNOFFICIAL MINUTES - SUBJECT TO CORRECTIONS

LYON COUNTY BOARD OF COMMISSIONERS

LYON COUNTY GOVERNMENT CENTER, MARSHALL, MN

August 18, 2009

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

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

Nelson Per Diems $100.00 Expenses $86.90

Goodenow Per Diems $190.00 Expenses $28.50

Consent Agenda:

1.Approve Minutes from August 4, 2009

2.Approve Commissioner Warrants 117447-117543 in the amount of $584,970.49 dated 8/19/09.

3.Approve Auditor Warrants 117399- 117412 in the amount of $37,613.05 dated 8/6/09 117413-117431 in the amount of $38,236.34 dated 8/13/09 117433 -117449 in the amount of $163,952.58 dated 8/17/09 and 117432 in the amount of $3,031.57 dated 8/18/09.

4.Approve Per Diems & Expenses

5. Appoint Rick Anderson to serve on MN DNR steering committee

Fenske moved, seconded by Goodenow to approve items 1 through 4. All voted in favor.

Goodenow moved, seconded by Ritter to table item 5 until later in the meeting. All voted in favor.

Goodenow moved, seconded by Nelson to approve the amendment, agreement, and resolution to the contract with CPUI. All voted in favor. (Resolution 19-09 on file in County Administrators Office).

Fenske moved, seconded by Nelson to grant a Conditional Use Permit to McLaughlin and Schulz to extract, crush and process material and for an asphalt plant. The land is zoned agricultural. The land is owned and described as follows: John G. Schutz, part

of the Northeast Quarter (NE1/4), Section 16, Stanley Township and F.J. McLaughlin Co., part of the North Half (N1/2), Section 15, Stanley Township. As per recommendation of the Lyon County Planning Commission. With the following stipulations:

1.Conditional Use Permit will be reviewed annually.

2.Conditional Use Permit is granted for 40 acres or the life of the operation whichever is less.

3.Top soil will be stockpiled and used for reclaiming and leveling.

4.Reclaiming and leveling of land is to be done as work progresses.

5.Grade site after extraction is completed so as to render it usable, seeding required avoiding erosion and an unsightly mar of the landscape.

6.Must maintain a backslope of 4:1 or flatter.

7.Responsible for maintenance on roads that trucks will be hauling on.

8.Responsible for dust control on haul roads.

9.Haul roads designated as: 320th Street to County Road 9.

10.Owner must notify Lyon County when work is complete.

11.Must obtain permits from appropriate agencies.

12.Must comply with Soil and Water, MPCA and DNR regulations.

13.A copy of the Lyon County Board of Commissioners 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.

Ritter moved, seconded by Nelson to grant Jody and Aurora Heard a Conditional Use Permit for a mobile home to be used as a single -family residence (Article 15.11F of the Lyon County Zoning Ordinance) while remodeling their existing home. The area representing the request is zoned agricultural. Property is described as part of the North one-half of the North one-half (N1/2N1/2) of Section Nine (9), Vallers Township. As per recommendation of the Lyon County Planning Commission and the Vallers Township Board. With the following stipulations:

1.Conditional Use Permit is granted for two years. Applicants must request an extension if remodeling is not completed in two years.

2.Site may be inspected to ensure compliance of all applicable regulations.

3.Land Use Permit for mobile home is for mobile home to be lived in while remodeling existing home. When this use changes, the mobile home must be moved or establish a change of use by applying for and receiving a new conditional use permit. Mobile home to be moved from property by October 1, 2011.

4.Must notify Planning and Zoning Office when use changes.

5.Mobile home cannot be rented out.

6.Must follow the Lyon County Zoning Ordinance.

7.Mobile home to be anchored and skirted.

8.A copy of the Lyon County Board of Commissioners 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.

9. All voted in favor.

Goodenow moved, seconded by Nelson to sign a partial release of note and septic system lien for an existing Note and Septic System Lien owned by Lyon County. Ritter- By corporation or partnership? How does that get cleaned up or does it have to? Maes - Change it when it is done. Mr. Maxwell it is not a corporation or partnership is it? Maxwell - No. All voted in favor.

EXHIBIT 'A'

All that part of the North Half of the Southeast Quarter and a part of the South Half of the Northeast Quarter in Section 27, Township 110 North, Range 41 West Lyon County, Minnesota, being more particularly described as follows:

Beginning at the southeast corner of said North Half of the said Southeast Quarter; thence North 00 degrees 02 minutes 43 seconds West bearing based on Minnesota State Plane Coordinate System Lyon County Datum, along the east line of said Southeast Quarter, a distance of 1323.69 feet to the southeast corner of said Northeast Quarter; thence North 00 degrees 03 minutes 32 seconds West, along the east line of said Northeast Quarter, a distance of 491.09 feet; thence North 57 degrees 32 minutes 28 seconds West a distance of 515.15 feet; thence North 00 degrees 10 minutes 25 seconds East a distance of 147.60 feet; thence South 89 degrees 14 minutes 06 seconds West a distance of 243.01 feet; thence South 21 degrees 07 minutes 19 seconds East a distance of 227.50 feet; thence South 00 degrees 56 minutes 37 seconds East a distance of 420.01 feet; thence South 87 degrees 48 minutes 43 seconds West a distance of 190.58 feet; thence South 14 degrees 09 minutes 59 seconds West a distance of 486.07 feet; thence South 05 degrees 42 minutes 36 seconds East a distance of 260.65 feet; thence South 00 degrees 43 minutes 20 seconds East a distance of 104.49 feet; thence South 52 degrees 28 minutes 44 seconds East a distance of 246.42 feet; thence South 00 degrees 16 minutes 21 seconds East a distance of 616 feet, more or less, to the south line of said North Half of the Southeast Quarter; thence easterly, along said south line, a distance of 673 feet, more or less, to the point of beginning.

EXCEPTING THEREFROM LYING SOUTH OF THE FOLLOWING DESCRIBED LINE:

Commencing at the southeast corner of said North Half of the said Southeast Quarter; thence North 00 degrees 02 minutes 43 seconds West bearing based on Minnesota State Plane Coordinate System Lyon County Datum, along the east line of said Southeast Quarter, a distance of 1323.69 feet to the southeast corner of said Northeast Quarter; thence North 00 degrees 03 minutes 32 seconds West along the east line of said Northeast Quarter, a distance of 491.09 feet; thence North 57 degrees 32 minutes 28 seconds West a distance of 515.15 feet; thence North 00 degrees 10 minutes 25 seconds East a distance of 147.60 feet; thence South 89 degrees 14 minutes 06 seconds West a distance of 243.01 feet; thence South 21 degrees 07 minutes 19 seconds East a distance of 227.50 feet; thence South 00 degrees 56 minutes 37 seconds East a distance of 420.01 feet; thence South 87 degrees 48 minutes 43 seconds West a distance of 190.58 feet; thence South 14 degrees 09 minutes 59 seconds West a distance of 486.07 feet; thence South 05 degrees 42 minutes 36 seconds East a distance of 260.65 feet; thence South 00 degrees 43 minutes 20 seconds East a distance of 104.49 feet; thence South 52 degrees 28 minutes 44 seconds East a distance of 246.42 feet to the beginning point of said line to be described; thence North 88 degrees 58 minutes 46 seconds East a distance of 676.19 feet to the east line of said Southeast Quarter, said line there terminating.

EXCEPTING THEREFROM United States Trunk Highway Number 59 right of way.

Fenske moved, seconded by Goodenow to approve an out of state travel request for Jeanine Barker to Rock Island, Illinois from Aug 27th to Aug 28th, 2009. All voted in favor.

Nelson moved, seconded by Goodenow to approve selling 7.100 acres of wetland banking credits to Southern Minnesota Beet Sugar Cooperative. All voted in favor.

Nelson moved, seconded by Ritter to approve the application for withdrawal of wetland credits for .70 acres for use by Maurice Christianson. Ritter - Paul what is the net acres left after this sale? Henriksen - 25 acres. Ritter - We will have to look at what highway department needs are. Henriksen - They are covered by the state. Ritter - Okay. All voted in favor.

Nelson moved, seconded by Goodenow to change the previously approved minutes. All voted in favor.

Goodenow moved, seconded by Nelson to approve Rick Anderson to serve on the MN DNR Steering Committee for Park Trails. All voted in favor.

Fenske moved, seconded by Goodenow to adopt and sign the Emergency Management Performance Grant Contract for the amount of $18,297.00. All voted in favor.

Nelson moved, seconded by Goodenow to adopt and sign the HSEM Grant Program 2009 contract for the amount of $72,996 as fiscal agent for the SW Radio Board. All voted in favor.

Fenske moved, seconded by Ritter to approve receiving quotes until August 26, 2009 at 4:00 p.m. for C.P. 09:HS for 2009 striping projects. Nelson - In the past if they get a bid that is under they have usually used it up by striping more. I dont know if you would do that. Kanwar- We could do additional. When we do the contract they do the same price for additional miles. All voted in favor.

Stensrud set TNT for December 1, 2009 at 7:00 p.m.

Goodenow moved, seconded by Ritter to approve Grand Lodge of Ancient Free and Accepted Masons of Minnesota to conduct a Cornerstone Ceremony for the new jail addition on Thursday August 27, 2009 at 7:00 p.m. All voted in favor.

Goodenow moved, seconded by Nelson to approve entering into an agreement to form a drug court with Lincoln and Redwood Counties and the Lower Sioux Indian Community contingent upon continuing grant funding. Ritter - Should it include any discontinuance of funding does not obligate Lyon County? All voted in favor.

11:54 a.m. Ritter moved, seconded by Goodenow to adjourn until 1:30 p.m. All voted in favor.

Rodney Stensrud Chairman

Attest: Loren Stomberg

Lyon County Administrator

 
 

 

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