Loading...
HomeMy WebLinkAboutBoard of Commissioners - Minutes - 03/02/2010MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, Commissioners' Room 500 W. Fir Avenue, Fergus Falls, MN Tuesday, March 2, 2010 9:30 a.m. Call to Order The Otter Tail County Board of Commissioners convened Tuesday, March 2, 2010, at 9:30 a.m., at the Otter Tail County Government Services Center in Fergus Falls, MN, with Commissioners, Roger Froemming, Chair; John Lindquist, Vice-Chair; Everett Erickson, Doug Huebsch and Lee Rogness present. Approval of Agenda Motion by Erickson, second by Rogness, and unanimously carried to approve the Board of Commissioners agenda of March 2, 2010 with the following changes: Land & Resource Committee Meeting Postponed Closed Session for Attorney/Client Privilege Regarding the Ethanol Plant Closed Session for Labor Negotiation Strategies Approval of Minutes Motion by Lindquist, second by Rogness, and unanimously carried to approve the Board of Commissioners meeting minutes of February 23, 2010 as mailed. Approval to Pay Bills Motion by Erickson, second by Huebsch, and unanimously carried to approve payment of the County Board bills per Attachment A of these minutes. Committee of the Whole Discussion Commissioner Huebsch reported on the bill to help finance the proposed upgrade of the Perham Resource Recovery Facility (PRRF). Commissioner Rogness commented on the ditch cleaning that is taking place in Wilkin County made public in the news recently. Discussion took place regarding the proposed Watershed District and an upcoming meeting with Wilkin County on March 10, 2010 to discuss alternate ideas in place of forming a Watershed District. Years of Service Awards Employees' Committee Members, Karen Cannell and Kirsten Olson, presented "Years of Service Awards" to recognize County employees who have completed from 5 to 35 years of service with Otter Tail County. The Board thanked employees for their dedicated work. Recess & Reconvene At 9:50 a.m , Chair Froemming declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break to congratulate employees. The meeting was reconvened at 10:05 a.m. U.S. Fish & Wildlife Service Habitat Easement Certification Realty Specialist, Cheri Kromann requested certification of three habitat easements to protect wetlands while allowing agricultural use. Motion by Huebsch, second by Lindquist, and unanimously carried to certify the following described properties as wetland easements to be secured by the U.S. Fish & Wildlife Service: OTC Board of Commissioners' Minutes March 2, 2010 Page 2 Christianson, Terence, et al T. 132 N. R. 39 W. 5th P.M. Section 35, N½NE¼SE ¼, SW¼NE¼SE¼, SW¼SE ¼ Christianson, Terence T.132N. R. 39W. 5th P.M. Section 35, N½SE¼SE¼, SW¼SE¼SE¼ except 70/100 of an acre for cemetery purposes described as follows: Beginning at a point one hundred forty-six (146) feet east from the northwest corner of the Northeast quarter of the Northeast quarter (NE¼NE¼} Section two (2) Township One Hundred Thirty- one (131 ), Range thirty-nine (39) running thence south one hundred ninety-eight (198) feet, thence east one hundred thirty feet (130), thence north one hundred ninety-eight (198) feet to town line, thence North two hundred thirty-nine (239) feet into Section thirty-five (35), Township One Hundred Thirty-two (132) Range thirty-nine (39), thence west one hundred thirty (130) feet, thence south two hundred thirty-nine feet (239) to place of beginning. Nelson, Eric T. 135 N. R. 42 W. 5th P.M. Section 30, that part of the NW¼. (See legal description -Attachment B} Recess &Reconvene At 10:11 a.m., Chairman Froemming declared the meeting of the Otter Tail County Board of Commissioners recessed for committee meetings. The Board of Commissioners' meeting was reconvened at 10:36 a.m. County Drainage System #16 Motion by Lindquist, second by Rogness, and unanimously carried to approve payment, in the amount of $7,716.00, to Houston Engineering, Inc. for professional services relating to County Drainage System No. 16 during the period of December 21, 2009 through February 14, 2010. License Application Approval Motion by Erickson, second by Huebsch, and unanimously carried to approve the following application for license: Pelican Rapids Supper Club Inc. Oba The Pelican 44086 US Highway 59 Pelican Rapids, MN 56572 On Sale Intoxicating Liquor Review of Proposed State Wildlife Land Acquisition Otter Tail County Resolution No. 2010 -17 Motion by Commissioner Huebsch and seconded by Commissioner Froemming to approve the acquisition by the DNR of the 190 acre property described below. In accordance with Minnesota Statutes 97A.145 Subd. 2, the Commissioner of the Department of Natural Resources on February 22, 2010 provided the County Board of Commissioners and the appropriate town officers with a description of lands to be acquired by the State of Minnesota for water and wildlife conservation purposes. OTC Board of Commissioners' Minutes March 2, 2010 Page 3 Lands to be acquired are described as follows: Government Lots 4 and 6 in Section 19, Government Lots 5-10 in Section 20, Government Lot 1 in Section 29 and Government Lot 1 in Section 30, Township 135 N. R 40W, Dead Lake Township This land, part of the former Blue Heron Bay development, will become an addition to the Dead Lake Wildlife Management Area (WMA) and will be open to public fishing, hunting, trapping and other wildlife related activities. IT IS HEREBY RESOLVED, by the Board of County Commissioners of Otte[ Tail County on March 2, 2010, that the State's proposed acquisition of the above-described property be approved. Chairman Froemming called for a roll call vote and YEAS and NAYS are as follows: Board of County Commissioners Leland R. Rogness Douglas A. Huebsch Everett P. Erickson John Lindquist Roger Froemming YEA X X X X X NAY ABSENT ABSTAIN Adopted at Fergus Falls, Minnesota, this 2nd day of March, 2010. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Attest: !~ ~ LarryKrhn,lerk Final Plat Filing Extension -"Oak Wood Glen" Motion by Rogness, second by Huebsch, and unanimously carried to authorize an extension, to October 14, 2010, for filing the Final Plat entitled "Oak Wood Glen" located in Section 1 of Edna Township; Devils Lake (56-344). The extension is needed to complete title corrections. Closed to the Public At 11 :26 a.m., Chairman Froemming declared the meeting of the Otter Tail County Board of Commissioners closed to the public to discuss litigation in the matter of foreclosure proceedings relative to the Ethanol Plant. The closed session is authorized by attorney-client privilege, Chapter 13D.05 Subd. 3b. Present were all five seated commissioners, attorneys from Lindquist & Vennum via conference call, the County Attorney, County Coordinator and Board Secretary. Recess/Closed to the Public At 12:16 p.m., Chairman Froemming recessed the Board of Commissioners' meeting for a short break. At 12:22 p.m., the meeting was reconvened and closed to the public for purposes of discussing labor negotiation strategies relative to the Human Services, Nursing, and Facilities Maintenance collective bargaining unions. Present were all five seated Commissioners, County Attorney, County Coordinator, Human Services Director, Public Health Director and Board Secretary. OTC Board of Commissioners' Minutes March 2, 2010 Page 4 Adjournment At 1:17 p.m., upon conclusion of the closed session on March 2, 2010, Chairman Froemming adjourned the meeting of the Otter Tail County Board of Commissioners until Tuesday, March 9, 2010. Dated: _ ___,.03""'"'"-..,_0'--'J_-~.J,..c ... ,l~D--'----OTTER TAIL COUNTY BOARD OF COMMISSIONERS Attest: /~~ ~ Larry K~ n,lerk CB/kd OTC Board of Commissioners' Minutes March 2, 2010 Attachment A, Page 1 WARRANTS APPROVED ON 310212010 FOR PAYMENT 310212010 VENDOR NAME A'VIANDS LLC AA APPRAISAL AMERICAN BIO MEDICA CORPORATIO AMERICAN WELDING & GAS INC ATCO INTERNATIONAL ERIC BABOLIAN BANK OF THE WEST BRIAN'S REPAIR CDW GOVERNMENT INC CODE 4 SERVICES LLC COMSTOCK CONSTRUCTION OF MN COOPERS TECHNOLOGY GROUP DACOTAH PAPER COMPANY DEX EAST HELEN ERKENBRACK EXECUTIVE CHAIR INC FARMERS ELEVATOR OF FERGUS FAL FERGUS ELECTRIC CITY FERGUS FALLS FOTH & VAN DYKE G & R CONTROLS GALL'S INC GOODIN COMPANY GRAINGER INC HEARTLAND SERVICES INC TONYA HOLT ISSUETRAK INC KRIS ENGINEERING INC LAKE REGION ELECTRIC CO OP LAKES COUNTRY SERVICE CO OP LARRY OTT INC TRUCK SERVICE MARCO INC ST LOUIS MARIPOSA PUBLISHING MCIT MID-CENTRAL EQUIPMENT INC MN DEPT OF LABOR AND INDUSTRY MSANI NORTH AMERICAN SALT CO NORTH DAKOTA LAW REVIEW OFFICE DEPOT OSI ENVIRONMENTAL INC OTTER TAIL CO TREASURER OTTERTAIL TRUCKING INC PERHAM PRINTING & SUPPLY PERHAM STEEL & WELDING NORMAN PIERCE JR PITNEY BOWES QUILL CORPORATION KAREN ROGGL SAFELITE FULFILLMENT INC SHOOTING STAR CASINO LODGE SIGELMAN STEEL & RECYCLING INC SOUTH MILL SERVICE STATE INDUSTRIAL PRODUCTS STEINS INC STRAND HARDWARE & RADIO SHACK STREICHERS TEAM LA BORA TORY CHEMICAL CORP CAROL THOMPSON UL TEIG ENGINEERS UNIFORMS UNLIMITED VOSS LIGHTING WEST PAYMENT CENTER WHITE BANNER UNIFORM SHOP .... FINAL TOTAL. .. AMOUNT 5,445.26 600.00 176.74 22849 440.00 36.30 29.00 707.24 279.44 540.53 1,640.23 319.83 457.54 21.70 140.00 245.00 135.73 683.60 2,250.72 23,624.34 3,607.20 358.78 130.39 212,88 562.70 101,64 600,00 11,018.28 267.19 250.00 375.00 232.06 6349 2,500.00 56.86 100.00 100.00 38,362.31 30.00 146.15 100.00 18.80 4,457.00 26.33 3.20 69.54 1,435.00 7.26 72.00 399.80 447,52 26,32 39.37 260.14 657.05 33.11 1,622.33 855.00 3549 392.50 557.98 237.91 2,953.55 506,99 $112 290.81 .... T. 135N. R. 42W. 5•h P.M. Section 30, N\\'1/4 except the tracts described as follows: OTC Board of Commissioners' Minutes March 2, 2010 Attachment B, Page 1 RE Minnesota \\I.A. Otter Tail Nelson, Eric I ,cgal Description Page 1 of2 1, Commencing al Lhe nnrthwcst comer ors,1id Section 30; thence on an assumed hearing of South 00 degrees 18 minutes 30 seconds E:..ist ahrng the west line of said Sccti<.m 30, ,1 distance of 1624.70 feet to the point ofhcginning nflhc hind to he descrihed; then.:c Nurth 62 <.h:grt'<:.S 46 minutes 32 seconds East a dist:-incc oC.224.61 feet; thence South 2Ci degrees 42 rninntes 38 secnm!s fa1sl a distance of 243.75 f'ei:L; the11ce South 89 Jegrees 40 minutes 09 seconds \Vest a tli.st,mcc or JOH.67 feet tn t\1c west line of said Section 30; thence N<1rth 00 degrees 18 rninulcs :Hl seconds West ah111g suid west !ine, ,1 distance ol l 16.77 fret to the point of beginning. Containmg 1.04 acres more or lc::.s. And also i.;xccpt: CL)mmcnc.ing ot the Nor1hwc.<:.l corner of said St:ction J(): Lhcn\.·t: on au as:.umcd hc:::ir1ng of South 00 degrees l R minutt:s 31) :,,ccond:,; E;.:i:,;t along the wc::;t line of said Scctin11 30, u distance of 1624.70 foct; thcm:c North 62 degn:cs 46 minutes 32 seconds E:1st a distancL' of 224.61 feet; thc11cc South 2(:i degrees 42 minutes 38 seconds r:ast a distance of 243.75 1Cc1 10 the point of beginning of the land to IH..~ described;_ thence Sou1h OU degrees 1 c, mi11u1es 59 seconds Eris! a dist:u1e,e of316.0J fet:1; thence South H9 Lkgrccs 41 minutcs 30 seconds \Vest a distance of 3!)8.80 feet to the west lini: of said Seel ion 30; thence No11h 00 degrees l 8 minutes 30 sccnmls \Vest along said west line, a distance of 315.<)J feet to the inkrsl.':cliun with a line whidi bcnrs South 89 degrees 40 minutes(_]() second::. Wcsl from the poiul of beginning; thence No1tl1 89 degrees 40 minutes Ol) seconds EHsl a distance of 308.67 feet to the point o/'bcginning. Containing 2.24 acres rnon.: or kss And also except: J. Th:.1t part of the N\1'/l/4 of the NWl/4 ors::iid Section 30 dl.'scrihcd as fr1ll0\,vs: Comn1t.:rKi11g at the Northwest corner of said NWl/4 ofNW\/4; them::e Eas! on lhc North line of said N\V 1/4 of' N\V 114 a distance uf 2()8 rcet; tht.:11{.'t..' South anJ p.trallel with the \Vt.:,;t linc of'said NWl/4 orNWl/4 a distance uf 310 feet, thence West anti p;iralkl with the Nrnth line of said N \Vl /4 of NW 1 /4 a distance of 268 reel; tht.·nce North 1 l O fcc1 tn the place ofb\.'ginning. And also except 4. The East 750 feet of the North 1050 /(;(.'\ orLIH.: Norlhwest Quarter (N\Vl/4) ofScclion 30, Towns.hip l 35, Range 42. The above described prcmis..::s arc subject to rights of\vay and casements ufn:,:,:on.l or i11 usl2' <lesLTibe.<l as fo\lm.vs: OTC Board of Commissioners' Minutes March 2, 2010 Attachment B, Page 2 RE • Minnesola W.A. Otti:r T.iil Nelson, Eric Legal Dcscriptiun Pa,gc 2 of2 l. A drivcw<1y casemcn! for ingress <md egress, 16.5 foct in width th..: CL'.111'..'r line orwhich is described as follows over the NWl/4 of said Scc1ion 3U: Commencing al tile north,.vest corner of Section Jt), Township US, l{angc 42; thence South 00 degn:es 53 minutes 14 !::cconds West u distance of 1573.00 fcc1 along the \1v·c~t section line to the point of ht,;ginning or the driveway; thence Nm1h 84 degrees 50 minutes 45 seconds East a distance or l4.05 fr:et; thence North 6') degrees 14 minutes 18 seconds East a distance of 76.62 fcct; thence :t\1orth 6J t.kgrci:s 16 rninutcs 07 sc-co11ds E.Jsl (1 dislanci: of224.48 feet; thence North 6(; degrcl.'!s 05 minutes 56 seconds East a dis!ancc of288.52 foet; thence North 71 degrees 26 minutes 32 seconds Eas.1 adistanc1: of 413.45 feet; thcnl:L' North 70 Jcgrccs 25 minutes 15 seconds East a Jistance of 171).3:1 tCct; 1hcncc North 69 Jcgrees 35 minutes 04 seconds Enst a distance of247.3.5 foet; thcnci.:: Nonh (1(1 degrees 58 minuh:s 44 seconds Ea.st a distance of 134.51 feet; thencc North 63 degrees 59 minutes 19 seconds East a distance of 125.91 ft:ct; thence North 59 degrees 33 minutes 59 seconds East a distance of 1()5.48 feet; thence North 53 degrees 43 m inutcs .58 scctmds East a distance of')<). 77 f ect: thence North 51 degrees 22 minutl'-s J4 seconds Fast to the \1,,·cst property line of the above dcscribccl real property and th1;.:ri.:: ti.;nnina1ing. 2. An casement for ingress anJ t:gress and carlway purposes over .ind w.:russ lilt' south 31 feet of the N\Vl/4 ofsaki Seclion JO and over and across the south 33 foet oflhe w~sl 41.5 feel of the SWl/4 of the NEl/4 of said Section 30.