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Unofficial Minutes

Lyon County Board of Commissioners

October 28, 2011
Marshall Independent

October 28, 2011




September 20, 2011

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

Stomberg Under Suhail if we could make the bike trail the last item and set the public hearing date just prior to that. One addition it would be a memorandum of understanding and we will put that under resolutions. Stensrud moved, seconded by Anderson to approve the agenda. All voted in favor.

Per Diems Expenses

Anderson$100.00 $28.86

Stensrud------------ $34.41

Ritter $150.00 ---------

Fenske$190.00 ---------

Consent Agenda:

1. Approve Minutes from September 6, 2011

2. Approve Commissioner Warrants 126258-126375 in the amount of $268,016.99 dated 9-21-11.

3. Approve Auditor Warrants 126193-126217 in the amount of $623,636.72 dated 9-8-11 and 126231-126256 in the amount of $591,787.21 dated 9-15-11.

4. Approve Per Diems and Expenses

5. Purchase two copy machines

6. 4th quarter appropriations

Ritter moved, seconded by Anderson to approve consent agenda item 1, and 3-6. All voted in favor.

Anderson moved, seconded by to approve all the commissioner warrants. VanOverbeke That bill in an auditor warrant, that bill has been paid already. They can reimburse. All voted in favor.

Goodenow moved, seconded by Ritter to approve the building rental at fairgrounds with Lois Novosad. All voted in favor.

Goodenow moved, seconded by Stensrud to accept and authorize the Chair to sign a memorandum of understanding for sustainable communities. All voted in favor.

Fenske set an informational meeting for county ditch 6 on October 4, 2011 at 9:30 and for county ditch 70 at 9:30 on October 18, 2011 in CR 1 & 2 at the Lyon County Government Center.

Goodenow moved, seconded by Ritter to grant a Conditional Use Permit to Rogge Excavating to establish a gravel/sand processing and washing operation. The property is zoned agricultural and is in the floodplain. Owner of the tract of land is Lawrence Rogge. The property is described as the North Half of the Southwest Quarter (N1/2 SW1/4) and the Northwest Quarter (NW1/4) of Section Twenty (20), Grandview Township. As per recommendation of the Lyon County Planning Commission and the Grandview Township Board. With the following stipulations:

1. Conditional Use Permit will be reviewed at least annually or at such time the Zoning Administrator deems appropriate.

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. Permit holder is required to work with road authorities to address damage resulting from hauling if any. The road authority may notify the planning and zoning administrator if road damage is not addressed timely and adequately.

8. Location of recorded easements used for access must be verified by a Global Positioning System (GPS) and marked adequately. Marked adequately means placing a visible object such as a post or stake on the property lines and in areas where the line of sight is interrupted by an obstruction such as a hill.

9. Permit holder shall gravel and maintain to the satisfaction of the Zoning Administrator all easement roads used as ingress and egress for the property covered by this Conditional Use Permit.

10. Responsible for dust control on haul roads.

11. Haul roads designated as: 300th Street to County Road 5 or County Road 15. Responsible for maintenance on roads trucks will be hauling on.

12. Owner must notify the Lyon County Zoning Office when work is complete.

13. Must obtain permits from appropriate agencies. Permits may include but are not limited to water appropriation permits, public waters permits, and storm water permits.

14. Must comply with the Soil and Water Conservation District and DNR regulations.

15. A violation of any condition set forth in this conditional use permit may terminate the permit. If terminated the permit holder must reapply for a new conditional use permit before work in the gravel pit is to resume.

16. A copy of the Lyon County Board of Commissioner'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.

Goodenow moved, seconded by Ritter to approve a resolution to transfer the excess municipal construction funds to the regular funds. Stensrud Can that be used on Skunk Hollow? Kanwar It is slotted for Tracy. Ritter What project are you talking about in Tracy? Kanwar When county road 11 enters and crosses 14. They have plans to upgrade their water main and MPCA has asked them to upgrade their sewer system. All voted in favor. (Resolution 34-11 on file in the County Administrator's Office).

Goodenow moved, seconded by Ritter to approve and authorize the Chair to sign a letter of support of safety improvement and economic recovery projects. All voted in favor.

Goodenow moved, seconded by Anderson to approve out of state travel for Aaron VanMoer to Madison, Wisconsin from October 31, 2011 November 2, 2011. All voted in favor.

Stensrud moved, seconded by Goodenow to approve and authorize the Chair to sign a resolution to accept a low bid by Westman Freightliner in the amount of $159,086.51 for a tandem diesel truck. Ritter That is a Detroit motor versus a Mercedes? Kanwar Correct. Ritter It would be interesting to see the mileage they are getting. Kanwar- Warranties were not part of the bid. Ritter You have to take into consideration the back and forth.

Voting in Favor: Fenske Stensrud Goodenow Anderson

Opposed: Ritter

Motion carried 4 to 1.

Goodenow moved, seconded by Ritter to pursue grants (Legacy and others) and identify other funding sources to build a dedicated Bike Trail from Marshall to Camden. Ritter It is a 1.5 million dollar project. And this is in phases? Kanwar Yes. Fenske It is tied to economic development. All voted in favor.

Fenske set the following public hearings for October 4, 2011: Twin Lakes Park at 10:30 a.m., Garvin Park at 10:50 a.m., and Marshall to Camden Bike Trail at 11:10 a.m.

Stensrud moved, seconded by Anderson to approve and authorize to fill the 4-H Technical Clerk position. All voted in favor.

Stensrud moved, seconded by Anderson to engage Bisbee Plumbing and heating to re-plumb the water heater serving the jail. Ritter Time frame? Krause I didn't ask him about that I assume it won't take too long. All voted in favor.

Ritter moved, seconded by Anderson to send Laurie Palmer a thank you letter for being an excellent 4-H Leader. All voted in favor.

11:54 a.m. Goodenow moved, seconded by Ritter to go into closed session. All voted in favor.

12:34 p.m. Ritter moved, seconded by Stensrud to come out of closed session.

12:34 p.m. Fenske adjourned meeting.

Robert Fenske, Chairman

Attest: Loren Stomberg

Lyon County Administrator



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