December 11, 2008
UNOFFICIAL MINUTES - SUBJECT TO CORRECTIONS
LYON COUNTY BOARD OF COMMISSIONERS
LYON COUNTY GOVERNMENT CENTER, MARSHALL, MN
November 18, 2008
9:00 AM -Meeting called to order by Chairman Goodenow. Members present: Nelson, Ritter Fenske, Goodenow, Stensrud, County Administrator Stomberg, and Auditor/Treasurer Van Overbeke and Attorney Maes.
Stensrud moved, seconded by Nelson to approve the agenda. All voted in favor.
Per Diem Expenses
Nelson $150.00 $177.86
Ritter $140.00 -----
1. Approve Minutes from November 4, 2008
2.Approve Commissioner Warrants 114225 to 114320 in the amount of $173,117.41 dated 11/19/2008.
3.Approve Auditor Warrants 114149 to 114168 in the amount of $19,554.97 dated 11/6/2008 and 114182 to 114210 in the amount of $310,148.85 dated 11/13/2008.
4. Approve Per Diems & Expenses
5.Approve Forfeited land list
Fenske moved, seconded by Nelson to approve the consent agenda items 1 through 4. All voted in favor.
Nelson moved, seconded by Ritter the forfeited land list. Goodenow - The auction is. Stomberg- It is on December 17th at 9:30 a.m. All voted in favor.
Fenske moved, seconded by Stensrud to approve and authorize the Chair to sign a resolution appointing Francis Engels and Henry Van Dyke to the Lincoln Pipestone Rural Water System Board of Commissioners. All voted in favor.
9:40 a.m. Goodenow called the 5 year Road Plan public hearing to order.
Goodenow - We have actually seen this. This goes out to the cities and the township. Kanwar - I did give one to Glen Olson too. Stensrud - I believe you have someone that wants to speak from Minneota. Kanwar - Does anyone have any questions? Goodenow - This is not our complete work plan just what funds are available. Kanwar - We forecast the money coming in. Nelson - It amounts to priority. Goodenow opened the public hearing for comments from the public. Trent Bruce )representing the city of Minneota) - They identified some sanitary sewage draining in to the Yellow Medicine River. It was determined that the sanitary and storm sewer system under Jefferson Street and part of that is CSAH 3. The only way they are going to be able to fix the problem is to reconstruct the road. The state is doing an overlay on state highway 68. As a result the city is proposing doing a complete reconstruction on Jefferson curb to curb. They would propose to replace the road with a 10 ton road. The project would need to be constructed in 2010 to facilitate the other project with the state. Pushing it back further is probably not feasible at this time. Using the policy guidelines it is estimated the countys portion would be $300,000 to $400,000. We are coming to the county asking for participation. We would expect that this road would be in good condition for the next 30 to 50 years. It is 25 years old. Nelson - Seems to me where CSAH 3 goes northwest we participated a couple of years ago. Bruce - This does incorporate their business district. Nelson - It would be the first three blocks. Fenske - You have a project on CSAH 3 in 2010. So this would be additional. Kanwar - I did have a meeting with Minneota. We have some restrictions. Or we can pay them in installments in the future. Nelson - Where does municipal funds come into this? Truce - The city is going to be forced to pay. We are not just asking for a number we would work through the cost participation process. Goodenow - To move this up someone else is going to move back. Kanwar - It will change some of the plans we have yes. Discussion. Truce - It is going to be a burden on the city. Fenske - I think with the immediacy of the problem were are going to have to do something with this. Discussion. Truce - This is not a typical project. Kanwar - It is a good project. It will help address MPCAs concern. Goodenow - We want to amend that. Kanwar - We will amend it next year. Goodenow - I think that there is a consensus that this is a good idea. Truce - That is all I have for you. We certainly appreciate it. Goodenow closed the public hearing.
Goodenow - Are there any questions of the Engineer? Nelson - There will be other requests. Nelson - This one is CSAH road and cities do have municipal funds. Nelson moved, seconded by Stensrud to approve the five year plan as presented with the discussed amendment. All voted in favor.
Nelson moved, seconded by Fenske to grant a Conditional Use Permit to Pinit (Joe) Ektanitphong for Topographic Alterations/Grading and Filling and Excavation within the Shoreland District (Article 17.6C.2 of the Lyon County Zoning Ordinance). The land is zoned shoreland. The land is described as Lot 28 and part of Lot 27, Block 1, Kastjaga Addition, Rock Lake Township, Lyon County, Minnesota. As per recommendation of the Lyon County Planning Commission and the Rock Lake Township Board. With the following stipulations:
1.Site to be inspected as needed.
2.Shoreland alterations to be completed by December 31, 2009, non-renewable.
3.Must follow DNR requirements.
4.Must follow the Lyon County Zoning Ordinance, Article 17.6C.2(d)(1-11).
5.Completed project shall be substantially in conformity with plans submitted at the November 12, 2008 meeting.
6.Existing drainage of land must remain as it currently is, water drains away from the lake.
7.Must notify Lyon County when work starts and when it is complete.
8. A copy of the County Board of Commissioners Motion shall be filed with the County Recorders Office. 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 T-Mobile to construct a new 250 guyed communication tower with an equipment compound that includes T-mobile base station equipment. Tower to be located on a leased parcel of land owned by Harold and Leona Peterson. Land is located in the West Half of the Northeast Quarter, Section 18, Lyons Township. As per recommendation of the Lyon County Planning Commission and the Lyons Township Board. With the following stipulations:
1.Site may be inspected to ensure compliance of all applicable regulations.
2.Must follow Article 20 Towers as stated in the Lyon County Zoning Ordinance.
3.Site must be kept clean (weeds controlled).
4.Must receive FCC/FAA permits prior to applying for a building permit.
5. Base of the tower will be fenced with an eight foot (8) cyclone fence with angled top.
6.Future building permits will be reviewed and shall meet the requirements of the County Zoning Ordinance.
7.Must apply for and sign driveway access with an E-911 address.
8.No material alterations to the physical aspects of project without approval of another Conditional Use Permit.
9.If location change is made from plans submitted, an accurate survey showing location of the tower to be submitted prior to obtaining a building permit.
10.If T-mobile, its assignees or co-locations /carriers do not use the tower for one year, T-mobile is responsible to remove the tower.
11. Lighting - red lights for FAA purposes at night and during the day there will be a medium intensity white strobe light.
12.A copy of the County Board of Commissioners Motion shall be filed with the County Recorders Office along with the legal description and address 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.
Fenske moved, seconded by Ritter to accept the resignation of Lynnsey Leasman. All voted in favor.
Stensrud moved, seconded by Nelson to advertise, interview, and a conditional job offer for a Correctional Officer and create a hiring list. Nelson - Was this one of the people on the Transition Team? Marks - No it was not. All voted in favor.
10:27 Meeting Recessed
10:42 Meeting Called Back to Order
Fenske moved, seconded by Stensrud to approve Work Order Requests 2009-1, 2009-2, and 2009-3. All voted in favor.
Stensrud moved, seconded by Ritter to approve the Top Coat 880 at $12.50 a bag. All voted in favor.
Nelson moved, seconded by Stensrud to approve the contract as presented.
Ritter - I have a problem with Ramsey County. We are at their mercy if there is an issue. Goodenow - Maybe we could pick someone closer to the middle? Fenske - The middle is Winthrop. Maes - If there has never been a lawsuit why not have it be in Lyon County. Fenske - If we have to sue them for non performance they would have pay Lyon Countys fees. Fenske - Ritter has an objection and I agree with it.
Voting in Favor:
Motion carried 3 to 2.
Nelson moved, seconded by Ritter to negotiate on the SWEPT office lease.
Voting in Favor:
Ritter moved, seconded by Nelson to go into closed session for labor negotiations. All voted in favor.
Ritter moved, seconded by Stensrud to come out of closed session. All voted in favor.
Ritter moved, seconded by Stensrud to adjourn until December 2, 2008. All voted in favor.
Mark S. Goodenow, Chairman
Attest: Loren Stomberg, Lyon County Administrator