October 22, 2009
UNOFFICIAL MINUTES - SUBJECT TO CORRECTIONS LYON COUNTY BOARD OF COMMISSIONERS LYON COUNTY GOVERNMENT CENTER, MARSHALL, MN
September 15, 2009
9:00 a.m. - Meeting called to order by Chairman Stensrud. Members present: Fenske, Ritter, Goodenow, Nelson, Stensrud, County Administrator Stomberg, County Attorney Maes, Auditor / Treasurer VanOverbeke. Nelson moved, seconded by Ritter to approve the agenda. All voted in favor.
Stensrud Per Diems $150
Goodenow Per Diems $200
Fenske Per Diems $140
Expenses $0 Consent Agenda:
Approve Minutes from September 1, 2009.
Approve Commissioner Warrants 117754-17856 in the amount of $233,089.37 dated 9/16/09.
Approve Auditor Warrants 117791-117717 in the amount of $46,125.87 dated 9/16/09 and 1177180-117741 in the amount of $361,164.85 dated 9/10/09. Approve Per Diems & Expenses
Consider Flu-Stop Clinic Authorize Chair to sign aeration permits Agent of record for ancillary benefits
Approve 2010 Snowmobile Maintenance Grant Agreement
Ritter moved, seconded by Nelson to approve the consent agenda. All voted in favor. Goodenow moved, seconded by Fenske to approve a resolution in support of the tax equity for health plan beneficiaries act of 2009. All voted in favor. Fenske moved, seconded by Ritter to approve a resolution/delegation of authority for Sheriff to enter into agreements and sign contracts with the Department of Public Safety involving traffic safety projects and programs. All voted in favor. Nelson moved, seconded by Ritter to approve and authorize the chair to sign a resolution for the re-appointment of Jerry Lonneman, Rod Spronk, and Joe Weber to Lincoln Pipestone Rural Water System Board of Commissioners.
Voting in Favor: Nelson, Fenske, Ritter, Stensrud
Motion Carried 4 to 1.
Goodenow moved, seconded by Fenske to approve the AREA II 90-day JPA extension resolution and authorize the delegate to sign on Lyon Countys behalf. All voted in favor.Ritter moved, seconded by Goodenow to put the electrical in the back and Splett to come back with pricing for letters in the front and the back. Goodenow - There is a place on this entrance also on six. So three, six, main and the parking lot. All voted in favor. Fenske moved to work with and develop an ATV ordinance for the city of Cottonwood. Ritter -Is that going to be exclusive to Cottonwood or county wide? Stensrud- I think with the city. Kanwar- This will be an example. Stensrud - We can handle it on a case by case basis. Ritter - This is not going to include the county just Cottonwood? Fenske - My motion said work with and develop it for the city of Cottonwood. Motion failed for lack of a second. Ritter moved, seconded by Fenske to develop a county wide ATV ordinance within municipalitys city limits on an as needed basis. Maes - If you are going to make it county wide even on roads that are 55. Goodenow - You could write it that it is within city limits. Maes - But you would have to look at permitting. I like the idea of working with the city and taking it on a case by case basis. Goodenow - If the community doesnt want to have any ordinance. Maes - I dont know how you are going to develop need? Goodenow - Couldnt you put if the municipality has a corresponding ordinance? So we dont allow it unless the city has an ordinance. Isaackson - There has to be a permit. Maes - What we would do is allow the city to permit. And we are directing county road 10 within the city. Stensrud - This is to allow our attorney to develop it and he will bring it back to vote on. Voting in favor: Stensrud, Ritter, Fenske
Opposed : Goodenow and Nelson
Motion carried 3 to 2.
Goodenow moved, seconded by Nelson to approve and authorize the Chair to sign Cooperative Agreement for State Project for 42-00122. All voted in favor. Fenske-I had a question on a culvert on 23. It is a township road they asked for help if anything can be done. It is going to change drainage. Didnt they build a holding pond? They are moving the water. Discussion. Kanwar - They would have had to get a permit from the DNR.
10:45 Meeting Recessed
10:57 Meeting Called back to order
Nelson moved, seconded by Ritter to approve funding in the amount of $14,452.09 from the Lyon County Flood Retention Project Fund for the Island Lake 4 dam project. Ritter - There was $124,000 that wasnt used that was part of the estimate couldnt you use part of that? How about the maintenance? Netzke - The maintenance falls on the landowners. The first year is on the contractor. The funding it is because of the 75/25 split. For the life of the project it is the landowner. These are private. Stomberg - Can the landowner decide to take it out? Netzke - It is deeded onto the property. In a situation where if they wanted to remove it it would take permission through the Minnesota DNR. There are permanent pools behind both of them. All voted in favor. Nelson moved, seconded by Ritter to approve funding in the amount of $33,924.20 from the Lyon County Flood Retention Project Fund for the Monroe 8 dam project. All voted in favor. Nelson moved, seconded by Fenske to approve Viessman Trucking to haul leachate to Sioux Falls WWTF at a cost of $342.78/load at 6,500 gallons. All voted in favor. Goodenow moved, seconded by Nelson to approve the application for withdrawal of wetland credits for 2.12 acres for use by Robert Lange. All voted in favor. Ritter - How many acres does that leave us with? Henriksen - Between 20 and 25 acres. Goodenow moved, seconded by Fenske to set the levy at .2% increase or $12,191,568. Ritter - Cant we get this down to zero? Goodenow - I think at .2 we will decrease taxes. Fenske - The tax base has increased. Nelson - It wont decrease for the farmers. Marshall industry goes to TIF. Goodenow - That is changing. Nelson - I am talking about the land the new TIF Marshall installed. Stensrud - On 59? Fenske - When is ADM off of TIF? VanOverbeke - Next year. We have one or two districts the following year. Goodenow - Main Street is in TIF. Fenske - Do you think we will get any action tomorrow at Human Services? We could about take it to zero. Goodenow - This is setting the maximum. Nelson - Is the $44,000 in there? Take that off and live with the residue of last year. We could vote on that foundation. Voting in favor: Stensrud, Fenske, Goodenow
Opposed: Ritter, Nelson
Motion carried 3 to 2.
Fenske - I think it is important to fine tune this. Stomberg -We are required to announce the time and date of Truth in Taxation. It will be held on December 1, 2009 at 7:00 p.m. in CR 1 &2.
12:22 p.m. Ritter moved, seconded by Goodenow to go into closed session to discuss LELS Labor Negotiations. All voted in favor.
12:35 p.m. Ritter moved, seconded by Goodenow to come out of closed session. All voted in favor.
Stensrud adjourned until October 6, 2009.
Attest: Loren Stomberg
Lyon County Administrator