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Unofficial Minutes

Lyon County Board of Commissioners

November 18, 2010
Marshall Independent

November 18, 2010

UNOFFICIAL MINUTES- SUBJECT TO CORRECTIONS

LYON COUNTY BOARD OF COMMISSIONERS

LYON COUNTY GOVERNMENT CENTER, MARSHALL, MN

October 19, 2010

6:30 p.m.- Meeting was called to order by Chairman Stensrud. Members present: Stensrud, Fenske, Ritter, Goodenow, Nelson, and County Administrator Stomberg, Attorney Maes, County Auditor/Treasurer Van Overbeke

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

Per Diems Expenses

Nelson $50.00 $59.50

Goodenow $100.00 ---------

Fenske $100.00 ---------

Ritter $100.00 ---------

Consent Agenda:

1. Approve Minutes from October 5, 2010

2. Approve Commissioner Warrants 122327-122441 in the amount of $276,839.46 dated 10/20/10.

3. Approve Auditor Warrants 122288-122322 in the amount of $307,946.63 dated 10/14/10 and 122212-122275 in the amount of $176,884.01 dated 10/17/10.

4. Approve Per Diems & Expenses

5. Approve 4th Quarter appropriations

6. Final payment for SAP 42-610-29 and SAP 42-598-41

7. Building rental at Fairgrounds

8. Permit for Aeration Systems

.3Fenske moved, seconded by Ritter to approve the consent agenda. All voted in favor.

Ritter moved, seconded by Fenske to approve and authorize the Administrator to sign the Lincoln Pipestone Rural Water JPA. Ritter This is part of the Jackson Nobles expansion? Stensrud Yes. All voted in favor.

Ritter moved, seconded by Nelson to approve and authorize the Chair to sign a Murray County Prisoner Contract. Ritter The reimbursements will go? Stomberg They will offset the jail cost. Stensrud- This is expected to bring in like $200,000. Mather It will depend on how many there are. Nelson Does this contract allow us to control that so we don't have to hire? Stomberg We can board ours out if it looks like it is a temporary thing. All voted in favor.

Ritter moved, seconded by Goodenow to approve and authorize the Chair to sign a contract with the City of Ghent for police services. All voted in favor.

Ritter moved, seconded by Fenske to approve and authorize the Chair to sign a building rental agreement at the fairgrounds with Lois Novosad. All voted in favor.

6:35 p.m. FEMA Flood Plain Public Hearing

Biren I do have maps on the computer if anyone in the public wants to look at it. What we need to adopt our ordinance language and the maps. The changes to the map won't be able to be made if something came forward tonight. They are done making any changes. We went through a public informational process. We did receive the changes and were told at that time that any future changes to the map would have to be made on an individual parcel by parcel basis once they were adopted. The landowner would have to hire a registered surveyor. If an individual landowner had an argument on that map they could do that. Fenske There were changes that you thought needed to be done did they do that? Biren Some of the elementary changes like city limits making sure more current photos were used not ones from 1991. Discussion. Biren The maps that we do have for what happened a few weeks ago were pretty accurate. We are going to have some new data that is coming in. We will have a lot better information in regards to topography and sea level. The cities are all in the process of adopting these as well. Discussion. Biren We have the language. We had the conditional approval from the DNR. It used to be known as a 100 year flood evaluation. I wanted to point out a couple things on the map. We corrected all the city limits and included our zoning map has different provisions for different developments that have happened over time. Stensrud asked for public comment. Ritter At Planning and Zoning I thought you were talking about the highway commercial. Biren It includes Wheels Across the Prairie and that is south of 14.

Summary of the Lyon County Floodplain Management Ordinance and Map Changes: The Ordinance applies to all lands within Lyon County, Minnesota shown on the Official Zoning Map and/or the attachment as being located within the boundaries of the Floodway, Flood Fringe, or General Flood Plain Districts. The purpose of the ordinance is to minimize flood losses by the provisions found in the ordinance. A copy of the ordinance and maps can be found at www.lyonco.org or at the Lyon County Zoning Office located at 504 Fairgrounds Road Marshall. The ordinance contains the following sections, Statutory Authorization, Findings of Fact and Purpose, General Provisions, Establishment of Zoning Districts, Floodway District, Flood Fringe District, General Floodplain District, Subdivisions, Utilities, Railroads, Roads, and Bridges, Manufactured Homes, Administration, Nonconforming Uses, Penalties, and Amendments. The map updates included the Flood Insurance Rate Map Panels, along with minor updates of district boundaries. Relevant ordinance changes were also made to the Conditional Use Permit and Board of Adjustment sections. The effective date of the ordinance and maps shall be November 26, 2010.

Stensrud asked for public comment. Upon hearing none the public hearing was closed.

Ritter moved, seconded by Nelson to adopt the ordinance revisions and map changes of the Lyon County Floodplain Management Ordinance with an effective date of November 26, 2010. All voted in favor.

Fenske moved, seconded by Ritter to accept Bea Regnier's resignation from the Joint Airport Zoning Board. All voted in favor.

Stensrud appointed Tom Regnier to the Joint Airport Zoning Board.

Ritter moved, seconded by Fenske to extend the effective date of the revocation of the conditional use permit until after the public hearing on November 2, 2010. Fenske This is the original that we have in our packet? Biren Yes and the last page is the proposed amendment. I wrote them myself and what I saw as a problem. Brent Reese with the MPCA is in the process of rewriting his feedlot permit. Goodenow Could we make it clear that we are keeping the CUP in and re-writing the amendments. Could we cancel it? Maes You would have to go through the process again. Tricia, me with John and staff met and the options were you do nothing tonight and at midnight he does not have his conditional use permit. One of the issues I brought up was if you deny a cup permit then there is a six month waiting permit to reapply. I think an argument could be made that if you revoke it is not the same as reapplying. I think the ultimate goal is to make changes so this doesn't happen again. Nelson The motion that was made was to extend it. All voted in favor.

Stensrud set a public hearing to amend Don DeLanghe's CUP for 10:15 a.m. on November 2, 2010 in CR 1 & 2 of the Lyon County Government Center.

Goodenow moved, seconded by Ritter to authorize to receive quotes on cleaning JD 15 L & R Improvement. Nelson What is the legality of widening that? Do you need to buy land? Hammer I am going to go back to the engineer's original plan and see what was there. I don't anticipate having to buy any land I think the slopes weren't done quite right. Hammer We did have a large concern when it was built about the engineer about not buying enough land. They went back after it was viewed and they bought about 1,500 feet. The engineer had a 1.5 to 1 and we went back and said we wanted 2 to 1. Ritter The18,000 feet is suppose to have a buffer on both sides? Hammer Yes. All voted in favor.

Fenske moved, seconded by Ritter to authorize receiving quotes on cleaning on CD 18. All voted in favor.

7:30 Meeting Recessed

7:45 Meeting Called Back to Order

Nelson moved, seconded by Goodenow to register with Climate Action Reserve and register the project to be able to sell carbon credits. Ritter Are you going to come back with what it is going to cost us to verify those? Henriksen Yes. All voted in favor.

Goodenow moved, seconded by Fenske to move to set the cost at $20 per ton effective January 1, 2011 and review it in the next year for cost savings methods. Stensrud I agree we need to look at it. We are not raising our rates any. Fenske This is the same operation. Henriksen You want to start the first of the year. Stensrud Yes.

Voting in Favor: Fenske, Stensrud, Goodenow

Opposed: Ritter, Nelson

Motion Carried 3 to 2.

Nelson moved, seconded by Goodenow to approve hiring Christine Boklep for the position of 911 Dispatcher at a starting wage of $13.81 and a starting date of November 2, 2010. Fenske How are you filling this now? There must be somebody working in there? Do you have a half time person? Mather With overtime and I have a part time person. I have been using Tammy from Jail Records and Alison from Civil. I really would like to see everyone back to normal here. I think it is imperative that we have the right person to do the job. Ritter Did you take into consideration the discussion we had? Mather About?

Voting in Favor: Nelson, Fenske, Goodenow, Stensrud

Opposed: Ritter

Motion carried 4 to 1.

Goodenow moved, seconded by Fenske to approve the 2011 Retiree Senior Gold rates for retirees over 65. Fenske Some are paying some of that correct? Stomberg Yes. Goodenow It is connected to the active? Stomberg Yes the $550. Stensrud There are other companies out there? All voted in favor.

Ritter moved, seconded by Goodenow to approve the life and long term disability for 2011. All voted in favor.

Fenske moved, seconded by Goodenow to approve the Health Partners dental rates for 2011 and moving to them as a provider. All voted in favor.

Goodenow moved, seconded by Ritter to advertise for sealed bids on the Balaton and Russell properties best bid and figure out the details and right of refusal. All voted in favor.

Ritter moved, seconded by Fenske to approve and authorize the Chair to sign an Interim Agreement to the Joint Powers Agreement forming Southwest Health and Human Services. All voted in favor.

Stensrud appointed Mark Goodenow and Steve Ritter to the Interim Southwest Health and Human Services Board and Bob Fenske and Rodney Stensrud as alternates.

Reviewed Meeting Schedule

Commissioners Reports

9:41 a.m. Ritter moved, seconded by Goodenow to adjourn. All voted in favor.

Rodney Stensrud, Chairman

Attest: Loren Stomberg

Lyon County Administrator

 
 

 

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