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Notice

May 15, 2008
Marshall Independent
May 15, 2008

UNOFFICIAL MINUTES - SUBJECT TO CORRECTIONS

LYON COUNTY BOARD OF COMMISSIONERS LYON COUNTY GOVERNMENT CENTER, MARSHALL, MN

April 15, 2008

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

Pledge of Allegiance to the Flag.

Approve Agenda

Fenske moved, seconded by Ritter to approve the agenda with the following addition: -Add letter of support for Lynd Public School for geothermal energy study under resolutions and contracts.

All voted in favor.

1.Approve Minutes from April 1, 2008

2.Approve Commissioner Warrants 111659 to 111767 in the amount of $350,619.49 dated 4/16/08.

3.Approve Auditor Warrants 111588 to 111611 in the amount of $114,478.57 dated 4/3/08 and 111612 to 111657 in the amount of $233,775.56 dated 4/10/08.

4. Approve Per Diems & Expenses

5. Authorize payment of $586.60 for Corner house bill out of the Criminal Justice Fund.

6. Consider Approval of Quote - Lawn Mower

7. Approve Out of State Travel Request for Computer Forensics School

Per Diem Expenses

Fenske $ 370 $ 177.73

Nelson $ 180 $ 193.42

Stensrud$ 280 $ 215

Stomberg - On consent agenda item number 7 the dates are June 9th through the 12th. Ritter moved, seconded by Stensrud to approve consent agenda items 1 through 7. All voted in favor

Fenske moved, seconded by Ritter to approve and authorize the Chair to sign the Workforce Investment Act Joint Powers Agreement #6 for the 14 Southwest Minnesota Counties. All voted in favor.

Stensrud moved, seconded by Fenske to approve and authorize the Chair to sign an amendment to the Transit Building. All voted in favor.

Ritter - When are they opening it? Fenske - I have a meeting this Thursday morning. It is finished.

Nelson moved, seconded by Ritter to approve and authorize the Chair to sign the Red Rock Rural Water System Resolution (Resolution 09-08 on file at the County Administrator‚s Office). All voted in favor.

Fenske moved, seconded by Stensrud to approve and authorize the Chair to sign a letter of support for Lynd Public School regarding a geothermal energy study. All voted in favor.

Nelson moved, seconded by Ritter to grant a Conditional Use Permit to Archer Daniels Midland Company (ADM) to construct a railroad siding for use in conjunction with ADM operations. The area affected is zoned agricultural. The railroad siding will be on Burlington Northern Santa Fe (BNSF) railway property and on property being acquired by ADM. Tracts of land affected are as following:

Part of the Northeast Quarter (NE1/4), Section 28, Part of the Southeast Quarter (SE1/4), Section 21, Part of the West Half (W1/2), Section 22, and

Parts of Section 15, all in Fairview Township, Lyon County.

As per recommendation of the Lyon County Planning Commission and the Fairview Township Board. With the following stipulations:

1.The site may be inspected to ensure compliance of all applicable regulations.

2.Site must be kept clean (weeds controlled).

3.Must obtain permits from appropriate agencies.

4.A copy of the Lyon County Board of Commissioner's Motion shall be filed with the County Recorder's Office along with the legal description of the property. Additional fees to be paid by the applicant for the actual cost incurred by the county for the recording fees.

5.ADM will be responsible for 100% of all costs associated with the installation and maintenance of the road and driveway crossings.

6. All existing drainage systems shall be maintained at the necessary capacity as deemed by the Lyon County Ditch Inspector. This shall allow for adequate drainage for agricultural production.

7.ADM/BNSF shall secure all necessary easements and right-of-way needed for construction of this project including but not limited to private and public lands and right-of-ways.

8. Traffic signs shall be in accordance with Minnesota Department of Transportation standards.

9.Planning Commission strongly encourages ADM and Kumerow to negotiate towards a solution regarding a living barrier.

10. 9. Adopt Findings of Fact as part of Motion.

All voted in favor.

Fenske moved, seconded by Ritter to grant a Conditional Use Permit to Martin Hennen 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%, minimum setback 765‚ from a neighboring dwelling. The land is zoned agricultural. The land is described as part of the Northwest Quarter of the Southwest Quarter (NW1/4 SW1/4) of Section Thirty-six (36), Westerheim Township. As per recommendation of the Lyon County Planning Commission and the Westerheim Township Board.

Existing Facility Consists of:

Beef Cattle, Slaughter (990 x 1.0 animal factor)= 990 Animal Units Horses (8 x 1.0 animal factor) = 8 Animal Units

Types of Buildings:

134‚x134‚Open Lot without Runoff Controls with Manure Pack on lot or floor 110‚x134‚ Open Lot without Runoff Controls with Manure Pack on lot or floor 100‚x125‚ Open Lot without Runoff Controls with Manure Pack on lot or floor 108‚x54‚ Partial Confinement Barn with Manure Pack on lot or floor 100‚x125‚ Open Lot without Runoff Controls with Manure Pack on lot or floor 100‚x200‚ Uncovered Feed Storage Area

The Proposed Facility Consist of:

Beef Cattle, Slaughter (990 x 1.0 animal factor) = 990 Animal Units Horses (8 x 1.0 animal factor) = 8 Animal Units

Types of Buildings:

134‚x134‚Open Lot without Runoff Controls with Manure Pack on lot or floor 110‚x134‚ Open Lot without Runoff Controls with Manure Pack on lot or floor 100‚x125‚ Open Lot without Runoff Controls with Manure Pack on lot or floor 108‚x54‚ Partial Confinement Barn with Manure Pack on lot or floor will be used for feed storage 100‚x125‚ Open Lot without Runoff Controls with Manure Pack on lot or floor100‚x200‚ Uncovered Feed Storage Area (new) 82‚x224‚ Monosloped Roof Total Confinement Barn with 15‚x224‚ Overhang with Two 100‚x75‚ Manure Pack on lot or floor Manure to be applied agronomically to crop ground when necessary.

The Total Animal Unit Capacity = 998 Animal Units

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 765‚. 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 Board's Motion shall be filed with the County Recorder's 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 Tom Hesse, 2014 County Road 9, Tracy, Minnesota, for a Conditional Use Permit request 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 95%, minimum setback 1131‚ with biofilter from a neighboring dwelling. The land is zoned agricultural and described as follows: All that part of the Southwest Quarter of the Southwest Quarter (SW1/4 SW1/4), Section Eight (8), Amiret Township, Lyon County, Minnesota. As recommendation of the Lyon County Planning Commission and the Amiret Township Board.

Existing Facility Consists of: Swine, between 55 and 300 pounds (1200 x .3 animal factor)=360 Animal Units Swine, under 55 pounds (600 x .05 animal factor) = 30 Animal Units

Types of Buildings:

40‚x120‚ Total Confinement Barn with 40‚x120‚x8‚ Pit

41‚x120‚ Total Confinement Barn with 41‚x120‚x8‚ Pit

20‚x48‚ Total Confinement Barn with 20‚x48‚x1‚ Pit

32‚x50‚ Total Confinement Barn with 32‚x50‚x1.5‚ Pit

65‚x65‚ Earthen Manure Storage Basin

The Proposed Facility Consist of: Swine, between 55 and 300 pounds (1200 x .3 animal factor)=360 Animal Units

Swine, under 55 pounds (600 x .05 animal factor) = 30 Animal Units

(new) Swine, under 55 pounds (3000 x .05 animal factor)= 150 Animal Units

Types of Buildings:

40‚x120‚ Total Confinement Barn with 40‚x120‚x8‚ Pit

41‚x120‚ Total Confinement Barn with 41‚x120‚x8‚ Pit

20‚x48‚ Total Confinement Barn with 20‚x48‚x1‚ Pit

32‚x50‚ Total Confinement Barn with 32‚x50‚x1.5‚ Pit

65‚x65‚ Earthen Manure Storage Basin

(new) Nursery Confinement Barn 76‚x144‚ with Biofilter as accepted by U of M Extension Service OFFSET Publication No. FO-07680, 2001, with 76‚x144‚x8‚ Pit Pits to be pumped annually. Manure to be applied agronomically to crop ground.

The Total Animal Unit Capacity = 540 Animal Units

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 95% annoyance odor free. Minimum setback to be 1131‚ with biofilter. Any odor control technologies used in the offset model must be in place and maintained and installed by June 1, 2009.

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 Board‚s Motion shall be filed with the County Recorder‚s 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 Fenske to approve the Work Request 2008-4 and authorize the Chair to sign the Pipestone Work Request 2008-4 E911 System Maintenance. All voted in favor.

Ritter moved, seconded by Fenske to authorize filling the vacant GIS Coordinator Position through Internal Promotion including posting the position vacancy internally, interviewing, selecting and presenting offer to top candidate contingent on Board approval. All voted in favor.

10:20 Meeting Recessed 10:27 Meeting Called Back to Order

Fenske moved, seconded by Nelson to approve and authorize signing of the Collection Agreement with CRT Processing for recycling of covered electronic wastes. All voted in favor.

Henriksen- For E-waste ADM wants to do one internally. They will bring it out if it is a residential. Wal-Mart is also going to do a collection on April 26 from 10:00 am to 2:00 pm. They are advertising for that. Fenske had some questions on recycling? Last year we went to single stream. We saw a reduction from Lincoln County but the city of Tyler stayed the same. Lyon County went from 20,100 tons in 2006 to 21,500 tons in 2007. Discussion. Fenske - What led to my questioning was in November 2007 was equal to November 2007 but December was way down. Ritter - Could you give the Board an update on meeting with PCA? Henriksen - We had a permit meeting and the issues were litter control. I am sure that will be part of the permit.

Ritter moved, seconded by Fenske to authorize going to bid and having the bid opening on May 27, 2008 and awarding the bid on June 3, 2008. All voted in favor.

Fenske moved, seconded by Stensrud to approve the jail staffing and transition team schedule, authorizing staff to advertise, interview and give conditional offer to one technical clerk and up to three (3) corrections officers. All voted in favor.

Stensrud moved, seconded by Ritter to accept the resignation of Anita Benson Public Works Director. All voted in favor.

Meeting schedule was reviewed.

Goodenow - I am going to appoint Stensrud as the alternate for the AFSCME negotiating team that is scheduled to meet on April 25, 2008. As for the Extension Committee, we have two very good candidates and I would like to speak to Bob Brynes first.

Ritter reported on MPCA meeting at Public Works and Public Health.

Stensrud reported on AMC. Reported on ARMOR and foreclosure meeting attended at AMC. Reported on Yellow Medicine Water Shed.

Nelson reported on Area II and RCRCA. The bid opening for cleaning Lake Redwood is April 21.Reported on AMC and the foreclosure meeting attended.

Fenske reported on a Community Wind Program that is sponsored by the Southwest Initiative Fund. Also reported on the Veteran‚s Report that is conducted by the Veteran‚s Commissioner. Discussed reports the VSO has to send in.

Goodenow reported on the Library Board and how money is in a bonding bill for building libraries in general. Also reported on DAC and Strategic Planning.

Stensrud moved, seconded by Ritter to adjourn until May 6, 2008 at 9:00 a.m. All voted in favor.

Mark S. Goodenow, Chairman

Attest: Loren Stomberg

Lyon County Administrator
 
 

 

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