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Unofficial Minutes

Lyon County Board of Commissioners

May 19, 2009
Marshall Independent

May 19, 2009

UNOFFICIAL MINUTES - SUBJECT TO CORRECTIONS

LYON COUNTY BOARD OF COMMISSIONERS

LYON COUNTY GOVERNMENT CENTER, MARSHALL, MN

April 21, 2009

9:00 a.m. - Meeting called to order by Chairman Stensrud. Members present:

Stensrud, Goodenow, Fenske, Ritter, Nelson County Administrator Stomberg, County Attorney Maes Auditor/Treasurer VanOverbeke. Nelson moved, seconded by Goodenow to approve the agenda. All voted in favor.

Per Diems Expenses

Fenske 50.00 ---------

Stensrud 200.00 48.40

Nelson 100.00 86.90

Ritter 100.00 ---------

Consent Agenda:

1.Approve Minutes from April 7, 2009.

2.Approve Commissioner Warrants 116049-116157 in the amount of $315,891.10 dated 4/22/09.

3.Approve Auditor Warrants 115990 -116015 in the amount of $25,768.01 dated 4/90/9 and 116030 - 116048 in the amount of $224,579.72 dated 4/16/09.

4.Approve Per Diems & Expenses.

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

Ritter moved, seconded by Fenske to approve the Level 3 Feedlot Inventory Work Agreement. All voted in favor.

Fenske moved, seconded by Goodenow to approve and authorize the Chair to sign a Joint Powers Agreement with Lincoln Pipestone County Rural Water System. Ritter - On this agreement I dont see Jackson County on there? Healy - They are not part of this system they will be later. All voted in favor.

Goodenow moved, seconded by Ritter to approve advertising, interviewing, and creating a hire list for three Correctional Officers. Goodenow - The list you have has the Shift Sergeant for an open position but this is for Correctional officers? Marks - Correct. All voted in favor.

Goodenow moved, seconded by Nelson to award the landfill closure bid to the low bidder Pratt's Affordable Excavating, Inc for the final closure construction project in the amount of $967,390.00. Ritter - What is the timeframe? Henriksen- It will be done by the end of summer. It has to be done 180 days after closure. All voted in favor.

Goodenow moved, seconded by Fenske to accept and add to the Landfill policy the requirements for general public access to landfill property. All voted in favor.

10:14 Meeting Recessed

10:25 Meeting Called Back to Order

Members present: Fenske, Ritter, Nelson, Stensrud, County Administrator Stomberg, Auditor/ Treasurer VanOverbeke. Absent: Commissioner Goodenow, Attorney Maes.

Fenske moved, seconded by Goodenow to approve and authorize the Chair to sign a certificate of support for Western Community Action for a USDA Rural Development Community Facilities Application. Ritter - You mentioned earlier the $300,000 campaign? Fitzgerald - We are doing it on a brick basis. Phase 1 is the purchase. All voted in favor.

Nelson moved, seconded by Goodenow to grant a Conditional Use Permit to Mark DeJaeghere for a gravel pit (extract, mine and process). The area representing the request is zoned agricultural. The land is being purchased on a contract for deed from Joseph DeJaeghere and is described as Part of the Southwest Quarter (SW1/4), Section 35 Island Lake Township. As per recommendation of the Lyon County Planning Commission and the Island Lake Township Board. With the following stipulations:

1.Conditional Use Permit will be reviewed annually.

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: 150th Avenue to County Road 4 or Kerr Pit.

10. Owner must notify the Lyon County Zoning Office 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 and DNR regulations

All voted in favor.

Goodenow moved, seconded by Ritter to grant Otter Tail Power Company a Conditional Use Permit - Major Essential Service to relocate facilities in the West Half of the West Half (W1/2W1/2), Section 26 and part of the Southwest Quarter (SW1/4), Section 23 of Fairview Township to accommodate a road construction project by the State of Minnesota - Department of Transportation to widen Highway 23 along the west edge of Section 26 in Fairview Township. The power line to be relocated consists of a 41.6 kV circuit with a 12.5 kV underbuild circuit. The 12.5 kV serves several customers in the immediate area. The area affected is zoned highway commercial and agricultural. As per recommendation of the Lyon County Planning Commission and the Fairview Township Board. With the following stipulations:

1. Site to be inspected as needed.

2. Must submit a map indicating location, alignment of power lines prior to installation.

3. Contingency plan if appropriate shall be submitted to the Zoning Administrator prior to start of the project. 4. Power line to be installed in the right-of-way or 90 feet from the center of the road.

5. Must apply for and obtain permits from state and other appropriate agencies.

6. All drainage facilities and patterns shall be repaired to pre-construction condition as soon as possible after construction. Runoff will not change from pre-construction to post-construction levels.

7.Rocks, slash and other construction debris shall be removed from each individual section of land where construction takes place within ninety (90) working days of the commencement of major essential service construction on that individual section of land. For purposes of this subsection, working days are defined as: all days except days between November 15 and April 15 (winter), or any day when more than 1/2 inch of precipitation has fallen. For purposes of this subsection, section of land is defined as a numbered section as defined by the Government Land Survey, or a portion thereof.

8. Shelterbacks, windbreaks, fences and vegetation shall be restored to pre-construction condition with the following exceptions.

(a)Shelterback and windbreak replacement shall be to pre-construction density and may allow for operation maintenance of essential service lines.

(b)Critical areas (slopes greater than 12%, drainage ditch banks and areas subject to severe erosion) shall be seeded and mulched as soon as possible after construction. Drainage ditch banks shall be seeded and mulched a minimum of 16 1/2 feet in width from the top of the ditch spoil banks on each side of the ditch.

10. If preliminary engineering, surveys or other documentation is provided, modifications to accommodate future drainage or roadway construction activities may be required.

11.Major essential service construction activities shall be conducted in such a manner as to minimize impacts on livestock movements and access to agricultural fields.

12.A copy of the County Board of Commissioner's Motion shall be filed with the County Recorder's Office along with the route of the project. Additional fees to be paid by the applicant for the actual costs incurred by the County for the recording fees.

Goodenow-Apparently they are going to put this under the township road and that might be a county road right away. All voted in favor.

Ritter moved, seconded by Nelson to grant a Conditional Use Permit to Steve Hennen, 1986 330th Street, Ghent, Minnesota, 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 94%. The land is zoned agricultural and described as the Southeast Quarter of the Southeast Quarter (SE1/4SE1/4), Section Four (4), Grandview Township.

Existing Facility Consists of:

Cattle, Slaughter steer/heifer (500 x 1.0 animal factor) = 500 Animal Units

Swine, Over 300 pounds (300 x .4 animal factor) = 120 Animal Units

Horse, (1 x 1.0 animal factor) = 1 Animal Unit

Type of Buildings:

Total Confinement Barns 12'x44' and 40'x100' with a Pit 12'x48'x8' (used by both barns)

Total Confinement Barn 110'x60' with Manure Pack on Lot or Floor Open Lot without Runoff Controls 80'x65' with Manure Pack on Lot or Floor Open Lot without Runoff Controls 200'x70' with Manure Pack on Lot or Floor Open Lot without Runoff Controls 105'x250' with Manure Pack on Lot or Floor

Proposed Facility to Consists of: Cattle, Slaughter steer/heifer (500 x 1.0 animal factor)= 500 Animal Units

Swine, Over 300 pounds (300 x .4 animal factor) = 120 Animal Units

Horse, (1 x 1.0 animal factor) = 1 Animal Unit

Type of Buildings:

Total Confinement Barns 12'x44' and 40'x100' with a Pit 12'x48'x8' (used by both barns) Total Confinement Barn 110'x60' with Manure Pack on Lot or Floor

Open Lot without Runoff Controls 80'x65' with Manure Pack on Lot or Floor Open Lot without Runoff Controls 200'x70' with Manure Pack on Lot or Floor Open Lot without Runoff Controls 105'x250' with Manure Pack on Lot or Floor (new) Partial Confinement Barn 80'x120' with Earthen Manure Storage Basin 110'x145'x5' (Barn will be located on part of the 105'x250' Open Lot) Manure to be applied agronomically.

Pits to be pumped at least one time per year.

The Total Animal Unit Capacity=621 Animal Units

As per recommendation of the Lyon County Planning Commission and the Grandview 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. 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.

Fenske moved, seconded by Ritter to grant a Conditional Use Permit to Knochenmus Enterprises, 1281 190 Avenue, Balaton, Minnesota, contact person Chad Jensen, 1600 Hahn Road, Marshall, 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 94%. The land is zoned agricultural and described as the Northeast Quarter (NE1/4) of Section Twenty (20), Rock Lake Township.

Facility Consists of:

Swine, between 55 and 300 pounds (2400 x .3 animal factor) = 720 Animal Units

Type of Buildings:

101'6'x192' Total Confinement Barn with 101'6'x192'x8' Pit (new) Dead Animal Treatment Handling Area 10'x10'x6' (new) Manure Digester 14' diameter with Accompanying Equipment Manure to be applied agronomically.

Pit to be pumped at least one time per year, generally in the fall.

The Total Animal Unit Capacity=720 Animal Units

As per recommendation of the Lyon County Planning Commission and the Rock Lake 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. 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.

Nelson moved, seconded by Ritter to accept the lowest bid for Patching Material by McLaughlin and Schultz, Inc and authorize the Board Chair to sign the contract. All voted in favor.

Reviewed Meeting Schedule

Commissioners Reports

11:45 Meeting Recessed

1:15 Meeting Called Back to Order

Ritter moved, seconded by Fenske that Lyon County would be willing to host two wind turbines on Lyon County property subject to satisfaction of permitting requirements and the financial goals of the county.

In Favor:

Ritter, Stensrud

Fenske

Opposed: Nelson

Motion carried 3 to 1.

Ritter moved, seconded by Stensrud to adjourn until May 5, 2009. All voted in favor.

Rodney Stensrud

Chairman

Attest:

Loren Stomberg

Lyon County Administrator

 
 

 

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