July 8, 2008
UNOFFICIAL MINUTES - SUBJECT TO CORRECTIONS
LYON COUNTY BOARD OF COMMISSIONERS LYON COUNTY GOVERNMENT CENTER, MARSHALL, MN
June 17, 2008
9:00 AM - Meeting called to order by Chairman Goodenow. Members present: Fenske, Ritter, Nelson, Goodenow, Stensrud, County Administrator Stomberg and Attorney Maes.
Members Absent: Auditor/Treasurer Van Overbeke.
Pledge of Allegiance to the Flag.
Nelson moved, seconded by Ritter to approve the agenda. All voted in favor.
The following per diems and expenses were presented:
Per Diem Expense
Fenske $420 $55.55
1. Approve Minutes from June 3rd, 4th, 5th, and 12th 2008
2.Approve Commissioner Warrants 112391 to 113504 in the amount of $139,396.45 dated 6/19/08.
3.Approve Auditor Warrants 112323 to 112330 in the amount of $1,920,953.16 dated 6/5/08 and 112331 to 112349 in the amount of $614,833.62 dated 6/5/08 and 11232 to 112390 in the amount of $550,453.44 dated 6/12/08.
4. Approve Per Diems & Expenses
5. Approve Subordination agreement
6.Approve Quote for Cleaning Leachate Collection Lines
Stensrud moved, seconded by Fenkse to approve items 1-4 and 6 on the consent agenda. All voted in favor.
Ritter moved, seconded by Stensrud to approve and authorize the Chair to sign the forfeited land list. All voted in favor.
Fenske moved, seconded by Ritter to approve the subordination agreement for Lance and Christine Boerboom. All voted in favor.
Nelson moved, seconded by Fenske to grant Hilda Grieme a Conditional Use Permit for a mobile home to be used as a single-family residence (Article 15.11 F.1 of the Lyon County Zoning Ordinance). Ryan and Cindy West are the property owners. Property is being purchased on a contract for deed from San Mar Bo Farms, Inc. The area representing the request is zoned agricultural. The property is described as part of the Southwest Quarter of the Southeast Quarter (SW1/4SE1/4), Section Twenty-Nine (29) of Amiret Township. As per recommendation of the Lyon County Planning Commission and the Amiret Township Board. With the following stipulations:
1.Conditional Use Permit will be reviewed annually.
2.Site may be inspected to ensure compliance of all applicable regulations.
3. Land Use Permit for mobile home is to help provide care for an immediate family member. When this use changes, the mobile home must be removed within one year or reestablish a change of use by applying for and receiving a new conditional use permit.
4.Must notify Planning and Zoning Office when use changes.
5. Must follow the Lyon County Zoning Ordinance.
6.Must apply for an E-911 Address.
7.Mobile home to be anchored and skirted.
8.Septic system to be designed and installed by a licensed contractor and inspected by Lyon County.
9.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.
Stensrud moved, seconded by Ritter to grant a Conditional Use Permit to Northern Con-Agg. Inc. to extract, process, wash and stockpile gravel for Marshall and the surrounding markets to include ready mix, road construction, general construction as well as landscape use. The land is zoned agricultural. The land is owned by McLaughlin and Schulz, Inc. and is described as the Southwest Quarter (SW1/4), Section 2 of Coon Creek Township. As per recommendation of the Lyon County Planning Commission and the Coon Creek Township Board. With the following stipulations:
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: 210 Street to CSAH 13 and CSAH15.
10.Owner must notify Lyon County when work is complete.
11. Must obtain permits from appropriate agencies.
12.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.
13.Must comply with Soil and Water, MPCA and DNR regulations.
14.Will notify Public Works of location of road approach and location of E-911 signage.
Fenske moved, seconded by Stensrud to grant a Conditional Use Permit to Krooked Fence Ranch c/o Grant Wichmann 1113 150th Avenue, Balaton, Minnesota, and Chet, Todd and Wally Wichmann 1560 110th Street, Balaton, facility address 1182 160th Avenue, Balaton, Minnesota, for a feedlot and to hear public comment to fullfill 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 requirement is 94%, minimum setback of 553 from a neighboring dwelling. The land is zoned agricultural. The land is described as the West Half of the Northwest Quarter (W1/2NW1/4) of Section Twenty-five (25), Shelburne Township, Lyon County, Minnesota.
Existing Facility Consists of:
Swine, Between 55 and 300 pounds (1600 x .3 animal factor)= 480 Animal Units
Types of Buildings:
32x120 Partial Confinement Barn with Manure Pack on Lot or Floor
30x84 Hoop Barn with Manure Pack on Lot or Floor 30x84 Hoop Barn with Manure Pack on Lot or Floor 51x156 Total Confinement Barn with 51x156x8 Pit Outside Lot used to winter stock cows
The Proposed Facility Consist of: Swine, Between 55 and 300 pounds (1600 x .3 animal factor) = 480 Animal Units (new) Beef Cattle, Slaughter (500 x 1.0 animal factor)=500 Animal Units
32x120 Partial Confinement Barn with Manure Pack on Lot or Floor 30x84 Hoop Barn with Manure Pack on Lot or Floor 30x84 Hoop Barn with Manure Pack on Lot or Floor 51x156 Total Confinement Barn with 51x156x8 Pit Outside Lot used to winter stock cows (new) 70x434 Hoop Barn Manure storage areas will be temporary stockpiles. Manure to be applied agronomically to crop ground when necessary.
The Total Animal Unit Capacity = 980 Animal Units As per recommendation of the Lyon County Planning Commission and the Shelburne Township Board. 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 553. 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.
Stensrud moved, seconded by Ritter to accept the quote from K & K Tiling. Hammer- All of the farmers have been informed. Fenske - Is there a buffer strip on this? Hammer - No, it was re-determined before. Nelson - Does it include leveling? Hammer - Yes. Discussion. All voted in favor.
Stensrud moved, seconded by Fenske to accept the resignation of Seth Greenwood, Senior Project Engineer, effective July 6. All voted in favor.
Fenske moved, seconded by Ritter to promote Ryan Wendt to the GIS Coordinator at $21.61 per hour and to receive an additional 40 hours of vacation time. All voted in favor.
Fenske moved, seconded by Ritter to approve and sign the grant contract with the MPCA for $20,000 for a Landfill Gas to Energy (LGE) Feasibility Study. All voted in favor
Ritter moved, seconded by Stensrud to add Judge Bush to the agenda. All voted in favor.
Ritter moved, seconded by Stensrud to to hire Lynnsey Leasman and Cheri Engler as Correctional Officers at the Lyon County Jail with a starting date for both of July 1st., 2008 and a starting wage for both of $13.81. All voted in favor.
Commissioners reviewed the meeting schedule.
Stensrud reported on the Public Works Interviews. Reported on Public Hearing in Minneota.
Ritter reported on Public Works interviews and the Board of Equalization.
Nelson reported on RCRCA and on Area 2. Also reported on Planning and Zoning.
Fenske reported on the Public Works Director Interviews and Jail Bids. We have met twice on our Multi-Agency Insurance Committee. Reported on the Rural Minnesota Energy Board Meeting, the Airport Commission and on the Board of Equalization.
Goodenow reported on Tiger Lake.
Ritter moved, seconded by Nelson to adjourn until June 3 at 9:00 a.m. All voted in favor.
Mark S. Goodenow, Chairman
Attest: Loren Stomberg
Lyon County Administrator