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Unofficial Minutes

Lyon County Board of Commissioners

September 15, 2011
Marshall Independent

September 15, 2011

UNOFFICIAL MINUTES- SUBJECT TO CORRECTIONS

LYON COUNTY BOARD OF COMMISSIONERS

LYON COUNTY GOVERNMENT CENTER, MARSHALL, MN

August 16, 2011

9:00- Meeting was called to order by Chairman Fenske. Members present: Stensrud, Fenske, Ritter, Goodenow, Anderson, County Administrator Stomberg, Attorney Maes, County Auditor/Treasurer Van Overbeke.

Pledge of Allegiance to the Flag

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

Identify any Conflict of Interest

None identified.

Per Diems Expenses

Fenske$100 -------------

Stensrud$100 $38.19

Consent Agenda:

1. Approve Minutes from August 2, 2011

2. Approve Commissioner Warrants 125898-126003 in the amount of $185,087.77 dated 8/17/11.

3. Approve Auditor Warrants 125859-125884 in the amount of $85,179.76 dated 9-6-11, 126004-126034 in the amount of $186,716.55 dated 8-18-11, and 126035-126051 in the amount of $17,780.15 dated 8/25/11.

4. Approve Per Diems and Expenses

5. Flu shot clinic

6. Set Meeting Date for budget discussion

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

Anderson moved, seconded by Stensrud to approve prepaying for the subscriber radio equipment under the 2010 State Homeland Security Program Grant to include purchasing 10 Motorola XTS2500 portable radios and associated accessories for their operation and use. All voted in favor.

Stensrud moved, seconded by Goodenow to accept the low bid by Titan Machinery for a Case 1650L LGP loader in the amount of $169,664.06 and trade in of $69,057. Ritter What was the budgeted number? Kanwar - $250,000. Fenske So it came in better than expected? Kanwar Yes. All voted in favor.

Goodenow moved, seconded by Ritter to accept the contracts for the three plots. All voted in favor.

Goodenow moved, seconded by Ritter to approve extending the temporary seasonal employee Lonnie Lambertus through November 4, 2011. All voted in favor.

Anderson moved, seconded by Stensrud to approve and authorize the Chair to sign a resolution for the sale of the surplus real property in 9 & 16-113-40. All voted in favor. (Resolution 30-11 on file in the County Administrator's Office).

Anderson moved, seconded by Stensrud to approve the quote from Reber Construction in the amount of $65.023.20 to replace the building destroyed by the July 1, storm and add a 24' extension for an insulated wash bay. Ritter The wash bay addition wasn't presented at the last landfill meeting in September. Stensrud The issue is probably about raising rates which we won't have to do.

Voting in favor Anderson Stensrud Goodenow Fenske

Opposed: Ritter

Motion carried 4 to 1

10:00 a.m. Fenske called the public hearing to order

Public Hearing Ordinance revisions

Biren The planning commission held a public hearing last Thursday and there was no public comment. Last year at the legislative session there was a statute change. Due to the language change our ordinance needs to be revised to reflect this change.

10:05 a.m. Fenske opened the public hearing and asked for comments. Upon hearing none Fenske closed the public hearing at 10:06 a.m.

Summary of Revisions of Changes for the Lyon County Zoning Ordinance

Minnesota Statutes 2010, section 394.27, subdivision 7 was amended during the last legislative session. The language changes in the amendment to section 394.27, subdivision 7 relates to granting or denying variance requests. It has been recommended that county ordinances be revised to reflect this language change. In addition a definition for "contiguous" was added this is referring to a lot, parcel or tract of land. The majority of changes occurred in Section 26 of the Lyon County Zoning Ordinance. A copy of the complete ordinance can be found at www.lyonco.org or a hard copy can be requested from the Lyon County Zoning Office. (507) 532-8207.

Anderson moved, seconded by Ritter to approve the ordinance revision upon due publication of the minutes and an effective date of September 15, 2011. All voted in favor.

10:10 a.m. Meeting Recessed

10:27 a.m. Meeting Called back to order

Anderson moved, seconded by Ritter to authorize the Auditor / Treasurer to pay the remaining balance of approximately $240,000 of the Johnson Controls project HVAC lease. All voted in favor.

Stensrud moved, seconded by Ritter to authorize the Administrator to go forward with the process to pay off the road bonds. All voted in favor.

11:00 a.m. Fenske called JD 6 Public Hearing to order

12:09 p.m. Fenske set a continuation on the JD 6 public hearing for September 6, 2011 at 10:30 a.m.

12:11 p.m. Meeting Recessed

12:30 p.m. Meeting Called Back to Order

Stensrud moved, seconded by Goodenow to asses 5% or $1,776.35 to county ditch 3 & 44 LAT A. All voted in favor.

Anderson moved, seconded by Goodenow to assess 3% or $1,268.67 to county ditch 4 repair. All voted in favor.

Goodenow moved, seconded by Stensrud to assess 1% or $8,532.75 to county ditch 7 improvement. All voted in favor.

Goodenow moved, seconded by Anderson to assess 20% or $7,177 to county ditch 9. All voted in favor.

Stensrud moved, seconded by Ritter to assess 7% or $7,927.71 to county ditch 10. All voted in favor.

Goodenow moved, seconded by Ritter to assess 15% or $4,824 on county ditch 11. All voted in favor.

Anderson moved, seconded by Stensrud to assess 15% or $5,278.91 to county ditch 13. All voted in favor.

Ritter moved, seconded by Anderson to assess 5% or $5,300 to county ditch 14. All voted in favor.

Stensrud moved, seconded by Goodenow to assess 5% or $6,380.20 to county ditch 15. All voted in favor.

Goodenow moved, seconded by Stensrud to assess 20% or $2,327 to county ditch 17. All voted in favor. Byron If you could get someone in to clean the ditch why couldn't you take it out of the ditch fund assess the benefits to the people. Goodenow The state auditor is not real crazy about us doing it. Hammer It would cost at least $6,000 per mile. There is about three miles.

Goodenow moved, seconded by Anderson to assess 2% or $10,479.41 to county ditch 18. Byron What is the spoil bank? What are you seeding down? Stensrud I think he was talking about the 16 and a 1/2 feet if you redetermine. Hammer Outside the ditch on the bank back. When it was redetermined the grass strip was never bought. Byron - When they put the ditch in it says they bought the spoil bank. There is no way you can come along and by 16 1/2 feet of $7,000 an acre land. You can seed it down where you need them is where it is flat. The amount of sediment that slides back in the ditch with a long dipper boom. So the bank stays the same you don't have the mud sliding back in again. Fenske I don't know why strips weren't bought then. Byron If the law says you have to buy it why wouldn't it be at the price you paid then. Hammer Nobody bought 16 1/2 foot glass strip back in 1961 when this ditch was dug. Hammer We redetermined benefits back in 1993. Fenske Why wasn't it done? Hammer I don't know if someone missed it. Byron It depends what you have for a digger. That is why I say they have

already paid for that land once. All voted in favor.

Goodenow moved, seconded by Anderson to assess 10% or $1,742.55 to county ditch 20. All voted in favor.

Goodenow moved, seconded by Stensrud to assess 10% or $1,331 to county ditch 24. All voted in favor.

Goodenow moved, seconded by Ritter to assess 10% or $1,272 to county ditch 27. All voted in favor.

Anderson moved seconded Stensrud by to assess 10% or $4,798.40 to county ditch 29. All voted in favor.

Goodenow moved seconded by Stensrud to assess 10% or $2,229 to county ditch 32. All voted in favor.

Stensrud moved, seconded by Anderson to assess 10% or $1,163.50 to county ditch 33. All voted in favor.

Stensrud moved, seconded by Anderson to assess 5% or $8,759.64 to county ditch 36. All voted in favor.

Goodenow moved, seconded by Ritter to assess 11% or $8,042.65 to county ditch number 37 LAT A. All voted in favor.

Anderson moved, seconded by Stensrud to assess 7% or 5,168.22 to county ditch 39. All voted in favor.

Goodenow moved, seconded by Stensrud to assess 20% or $2,479 to county ditch 41. All voted in favor.

Stensrud moved, seconded by Goodenow to assess 10% or $797 to county ditch 42. All voted in favor.

Ritter moved, seconded by Goodenow to assess 7% or $2,399.04 to county ditch 49. All voted in favor.

Goodenow moved, seconded by Anderson to assess 15% or $3,427.80 to county ditch 55. All voted in favor.

Stensrud moved, seconded by Ritter to assess 2% or $7,468.12 to county ditch 56-redetermination. All voted in favor.

Goodenow moved, seconded by Stensrud to assess 5% or $41,992.15 to county ditch 60B. All voted in favor.

Ritter moved, seconded by Anderson to assess 1% or $42,173.09 to county ditch 62. All voted in favor.

Goodenow moved, seconded by Ritter to assess 5% or $6617.70 to county ditch 63. All voted in favor.

Anderson moved, seconded by Stensrud to assess 10% or $2,147.20 to county ditch 67. All voted in favor.

Ritter moved, seconded by Goodenow to assess 5% or $8,540.90 to county ditch 70. All voted in favor.

Stensrud moved, seconded by Ritter to assess 5% or $10,628.55 to judicial ditch 2. All voted in favor.

Anderson moved, seconded by Stensrud to assess 10% or $1,826.75 to judicial ditch 3 L Y & R.

Ritter moved, seconded by Goodenow to assess 10% OR $1,856.40 to judicial ditch 7 Rep B.

Goodenow moved, seconded by Anderson to assess 10% or $945.86 to judicial ditch 9 R & L. All voted in favor.

Stensrud moved, seconded by Anderson to assess 5% or $17,527.26 to judicial ditch 10 & 23. All voted in favor.

Ritter moved, seconded by Stensrud to assess 5% or $3,626.30 to judicial ditch 12 L & L. All voted in favor.

Ritter moved, seconded by Goodenow to assess 5% or $3,489 to judicial ditch 13 L & L. All voted in favor.

Goodenow moved, seconded by Ritter to assess 20% or $483 to judicial ditch 14 R & L. All voted in favor.

Anderson moved, seconded by Ritter to assess 8% or $47,714.88 to judicial ditch 15 L & R improvement. All voted in favor.

Goodenow moved, seconded by Ritter to assess 10% or $11,348.50 to judicial ditch 18 L & R. All voted in favor.

Stensrud moved, seconded by Goodenow to assess 10% $163.00 or judicial ditch 22 R & L. All voted in favor.

Anderson moved, seconded by Ritter to assess 10% or $3,220.35 to judicial ditch 24 L & Y. All voted in favor.

Ritter moved, seconded by Goodenow to assess 20% or $1,793.60 to judicial ditch 24 Y & L. All voted in favor.

Goodenow moved, seconded by Ritter to assess 10% or $17,766.10 to judicial ditch 34 R & L. All voted in favor.

Stensrud moved, seconded by Anderson to assess 10% or $1,258.85 to judicial ditch 37 R & L. All voted in favor.

3:15 p.m. Fenske adjourned the meeting.

Robert Fenske, Chairman

Attest: Loren Stomberg

Lyon County Administrator

 
 

 

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