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Unofficial Minutes

Lyon Co. Board

October 31, 2008
Marshall Independent

October 31, 2008



October 7, 2008

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

Pledge of Allegiance to the Flag

Approve Agenda

Stomberg - Two additions Rick under your time if we could discuss the letter on the cross bow hunting also under my time discussion under the flex debit card proposal. Stensrud moved, seconded by Ritter to approve agenda as amended. All voted in favor.

Per Diems and Expenses

Per Diems Expenses

Fenske $350 $100.62

Stensrud $240 $106.80

Ritter $190 $59.09

Nelson $190 $98.88

Consent Agenda:

1. Approve Minutes from September 16, 2008.

2.Approve Commissioner Warrants 113701 -113813 in the amount of $1,031,187.84 dated 10/8/08.

3.Approve Auditor Warrants 113609-113633 in the amount of $281,479.65 dated 9/18/08, 113634 -113664 in the amount of $52,843.22 dated 9/25/08, 113665 in the amount of $4,000 dated 9/29/08 and 113678 - 113700 in the amount of $117,583.71 dated 10/2/08.

4. Approve Per Diems & Expenses

5. Approve and authorize Chair to sign an agreement with Lois Novosad to handle building rental at fairgrounds.

6.Accept a $3,000 donation from Balaton Lakeshore Saddle Club

Goodenow - The consent agenda, anything anyone would like pulled off? Ritter moved, seconded by Fenske to approve the consent agenda. All voted in favor.

Fenske moved, seconded by Stensrud to approve the final payment to Sibson Gravel LLC in the total amount of $44,058.41. All voted in favor. Nelson - A point of interest is it empty? Kanwar - Yes.

Ritter moved, seconded by Stensrud to approve final payment to Duininck Bros. Inco in the total amount of $20,860.30 and authorize the Board Chair to sign the County Board acknowledgement form. Ritter - Why does it take this amount of time the bridge was open last Christmas or Thanksgiving, just curious how the process works? Kanwar - MnDot has to inspect and they have a process. Nelson - Was it paid out of bridge bonding? Johnson - 2007 bonding. All voted in favor.

Fenske moved, seconded by Stensrud to authorize public works and County Administrator to investigate and conduct comparison work between gravel pit sites and authorization to use earnest money of $20,000 to secure an option. All voted in favor.

Fenske moved, seconded by Ritter to recess the meeting. All voted in favor.

Goodenow convened the Drainage Authority and called the public hearing on CD 69 Branch G5 Paul Jurek and Al Schmitz (MnDot). Schmitz - This is for Branch G5 of CD 69. This project is a bituminous mill and concrete overlay and this area we are adding a passing lane and realigning 350th street. In doing that we have to move 350th street and right now the Branch of G5 crosses 350th street. It just maintains the tile in the same place. 350 street will move to the south. Fenske - So you are going to loop it a little bit and bring it in at a right angle. Paul Jurek - Yes and with that replacing an 8 inch tile drain. Discussion. Goodenow - Commissioners are there questions. Hammer do you have anything to add. Hammer - I have no concerns with the tile, or moving the tile. Goodenow - Does it affect the efficiency of ditch? Hammer - No.

Ron Louwagie - This whole project is a huge waste of money we don't need a four lane. The waste here is just huge. There is never water in this road ditch I have lived there for 35 years. We don't need a pond the entire length. Why do we need a pond because it is dirty water where will it go into the Cottonwood lake. Somewhere we need to quit wasting the money. This is just ridiculous. If we are going to do a four lane do a four lane. Ken Bossun - I live on the north end of this project. My biggest concern is to the four lane ends 40 feet before my driveway. My request is to have a lane for when I turn left in my driveway. Legally all of them have to stop. Betty from MnDOT was out last week and if DOT employees can't do it right. Personally all of them should be fired. I asked them how many red dots do you have to have? As far as I am concerned MnDOT has no common sense no concern for safety. We never get an answer from them either. Goodenow - Anyone else. Nola Labatt - We are on the south side of the project. We have had five deaths at the end of our driveway. If they are coming from the south they are holding up traffic. We are told to hold our steering wheels straight so that we won't cause another accident. They ask for our input but they don't take it. It is to speed up traffic but it is going to be 60. If you ask any highway patrolman it is 62, 65 or 75. They told me on this passing lane they won't be going faster than 60. We don't need it. Just the other day coming home from a football game and we were waiting to turn in sure as shooting three cars passed us. There is no water there. Louwagie - It might make some sense if it was in a low spot. Right now all of the water runs underneath the highway to the northwest. That is the lowest part of the project . If they move that out how will it get to the pond? Goodenow - This is the G5 piece which is the underground tile line. Is there something particular about that? Bossun - How much is the state going to get accessed? Hammer - When they purchase they will get a parcel number. We can just change the numbers. Goodenow - Is there anything about CD 69 G5? Any questions by the Commissioners? Goodenow closed the public hearing on CD 69 G5. Fenske - And that is for or the tile under 350th and the two intakes. Schmitz- And the piece under the highway. Goodenow - And none of that water is going into the pond? Schmitz - Correct. Maes - Your position is a finding if it is a minor alteration or change and if it does not affect the ditch system and you are approving the changes in Exhibit B. Your findings will make two basic points that it is a minor alteration and it does not affect it. Ritter moved, seconded by Fenske to grant alterations to CD 69 Branch G5. All voted in favor. Goodenow closed public hearing on CD 69 Branch G5.

Goodenow opened the public hearing on CD 69 G.

Jurek - I did bring an additional map. Maes - We should mark this as exhibit C. Jurek - We do need a pond. We are required by the Minnesota Pollution Control to add a pond with a new impervious area. What we propose doing we have the existing drainage area in the pink. It would stay there for a period of time then go into the ditch. All excavation with the new ditch will be utilized in the new road bed. Goodenow - That is why it looks like it is going uphill because it is a little. Fenske - The drainage pond is in the blue area. Schmitz - Originally we had the pond further south and we moved it because the landowner didn't want it in the middle of his property. Nelson - Is that an existing pond there now? Fenske - We are not talking about the bypass lanes we are talking about connecting the ponds. Goodenow - Are you going to pull water under the road to the other side? Louwagie - Currently it runs under the highway to the northwest. Bossun - You can see where the culvert runs under the road under the railroad track to the four acre triangle which Ron Louwagie owns which would be the perfect spot. The only reason they are putting it across the road is so they get the dirt for the road. Louwagie - It is a waste of money. You are taking away good farm land. The waste is just mind boggling. Schmitz - I know MnDot has been arguing with MPCA for years. We have been arguing it for years. Fenske - You are saying that MnDot doesn't necessarily agree with it but you have to have one. Schmitz - Yes if it is imperious. It has a sand filter in it also. Jurek - We have a drop structure in this one. Schmitz - There is a sand filter with a drainage filter in it which is about 4 ? feet lower. Fenske - So the sediment really wouldn't go to Cottonwood lake? Schmitz - No not unless there is a

Bossum - What is the difference between a farmer putting in an above ground sewer system? Schmitz - The volume of water makes it impractical. Louwagie - Where is the water going to come from when there hasnt been in there for 35 years. Bossum - We have offered to put it on the other side to go with the natural flow. Schmitz- We would have to upgrade the existing crossing underneath the railroad. We would have to excavate the material out of there. Goodenow - You would have to have an easement. Nelson - You are on the south side arent you? Schmitz - The red goes to the north. We did keep some doing that way. Goodenow - The pink is going to the northwest. Discussion. Goodenow - Will this have an affect or have a detrimental impact on CD 69? Hammer - I dont believe so no. It goes there now. That is where the water went before. Goodenow - Are there any other comments about the effect of this water on CD 69? Hearing none Goodenow closed the public hearing. Stensrud - Some of the water will go in G5 before it gets here. Bossun - They will have to landscape the ditches from that intake to the pond. Louwagie - How steep will that road ditch be? Jurek - It is either 3 to 1 or 4 to 1. Goodenow - The only thing they ask us is if it is going to adversely affect CD 69 and how it operates before and after. Fenske moved, seconded by Stensrud to grant the petition of the Commissioner of Transportation for the minor changes so outlined in Exhibit B. All voted in favor.

Ritter moved, seconded by Stensrud to adjourn the ditch authority.

10:20 Stensrud moved, seconded by Nelson to resume the County Board Meeting.

Judge Bush introduced Judge Dietrich.

10:20 Break

10:32 Meeting Called Back to Order

Goodenow set a public hearing for the 5 year road plan at 9:30 a.m. on November 18, 2008.

Stensrud moved, seconded by Nelson to go into closed session to review the performance of the county engineer. All voted in favor.

10:52 a.m. Meeting Closed to conduct a performance review of the County Engineer.

11:05 a.m. Fenske moved, seconded by Stensrud to come out of closed session. All voted in favor.

Stomberg - We had a meeting with Kanwar to review his performance over the past three months and they found his performance satisfactory.

Stensrud moved, seconded by Fenske authorize the County Administrator to declare the Timmerman pit as surplus property and authorize the Administrator to dispose of it. All voted in favor.

Ritter moved, seconded by Fenske to set the 2009 tipping fee at $45 per ton. All voted in favor.

Fenske moved, seconded by Ritter to approve the 2009 Landfill budget with estimated revenue of $2,166,000 and estimated expenses of $2,608,850. All voted in favor. Ritter - Just a comment. It might be a good idea that before you set next year's meeting you check with other counties to see who can be there.

Nelson moved, seconded by Ritter to accept the BCBS health insurance rates, $50,000 basic life insurance for non-union employees, long term disability rate, and the Ameritas high and low dental insurance plans and four tiers within each plan. All voted in favor.

Nelson moved, seconded by Ritter to set the 2009 single cafeteria contribution rate at $550 per month and $900 per month for family coverage. All voted in favor.

Fenske moved, seconded by Stensrud to implement a Blue Cross Blue Shield Medicare Supplemental Plan for 65 plus retirees beginning January 2009. All voted in favor.

Ritter moved, seconded by Nelson to set the newly appointed Sheriffs salary at $72,000. Fenske - I don't think it is fair to have it the same as the Chief Deputy. There is more responsibility. Mather - I agree with Fenske. I am responsible for 1/3 of the county. With all respect I earned my wage up to that point at Chief Deputy and to leave it the same there is no encouragement from the Board. Goodenow - But there is an opportunity January 1 for an increase. Fenske - But if you look at the grid. Kanwar - In his new position he won't be earning sick or vacation leave. Fenske - Elected officials can set their own time and take as much as they want. The vacation time isn't a big factor.

Voting in Favor







Motion failed 3 to 2.

Goodenow-The current is $71,900. Goodenow moved, seconded by Fenske to set the Sheriff salary at $75,000 and set the review date with the other elected officials in January 2009.

Voting in Favor







Motion carried 3 to 2.

Stensrud moved, seconded by Nelson to offer the flex debit card and set aside funds appropriate to make the program work. All voted in favor.

Meeting schedule was reviewed.

1:30 p.m. Stensrud moved, seconded by Ritter to adjourn until October 21, 2008. All voted in favor.

Mark S. Goodenow, Chairman

Attest: Loren Stomberg

Lyon County Administrator



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