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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 04/20/2010MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, Commissioners' Room 515 W. Fir Avenue, Fergus Falls, MN Tuesday, April 20, 2010 9:30 a.m. Call to Order The Otter Tail County Board of Commissioners convened Tuesday, April 20, 2010, at 9:31 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 Rogness, second by Lindquist, and unanimously carried to approve the Board of Commissioners agenda of April 20, 2010 with the following addition: 10:40 a.m. -Emergency Response Funding Contract Approval of Minutes Motion by Lindquist, second by Erickson, and unanimously carried to approve the Board of Commissioners meeting minutes of April 13, 2010 as presented. 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 Lindquist reported that Wilkin County voled to proceed with petitioning the State Board of Water and Soil Services to form a watershed district as previously presented including Otter Tail County properties. Commissioner Rogness attended the Bois de Sioux Watershed District public hearing regarding the redetermination of Judicial Ditch #14. The redetermination was challenged by an Otter Tail County property owner relative to the flow of water. There were also challenges expressed regarding the use of a natural river as a ditch system. The viewers will need to walk the land/properties to re-assess based on the issues expressed. Recorder's Office Staffing Motion by Huebsch, second by Erickson, and unanimously carried to authorize the Recorder to fill a seasonal (summer) data entry position. This work moves data to the Landshark website which can be accessed electronically. Funding for the position is from the Tech Fund which can only be used for enhancement of land records. High Water Update Highway Engineer, Rick West, presented lake elevation data for Oscar Lake, Johnson Lake, Iverson Lake, and North and South Turtle Lake systems. State Owned Land Mr. West presented a map showing a triangular parcel of land at the intersection of TH210 and TH29. Mn/DOT has asked whether or not the County has an interest in acquiring the parcel of land. There could be a County use for this property. No action was taken at this time. OTC Board of Commissioners' Minutes April 20, 2010 Page 2 Detention Facility Staffing Motion by Erickson, second by Huebsch, and unanimously carried to replace a full time Detention Officer position as recommended by the Personnel Committee. The position must be replaced based on State of Minnesota DOC requirements. County Ditch No. 16 Ditch Inspector, Randy Wasvick, reported that elevations of West Battle Lake have been sent to Engineer, Jeff Langen. County Attorney, David Hauser, discussed information he received from Don Davenport regarding the Ditch No. 16 engineering study. Property owners on Skibness Bay expressed concern that the engineering study did not include how Skibness Bay water levels could be affected if the outlet of Clitherall Lake was lowered by 6". After lengthy discussion, a motion was offered by Rogness, seconded by Lindquist and carried with Huebsch opposed (not in favor of Friday evening meeting) to schedule a public informational meeting regarding Ditch No. 16 at 7:00 p.m. on May 7, 2010 at the Battle Lake Auditorium. The motion is subject to Mr. Langen's attendance and availability of the auditorium. Recess & Reconvene At 10:31 a.m., Chairman Froemming declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The meeting was reconvened at 10:39 a.m. License Applications Motion by Erickson, second by Huebsch, and unanimously carried to approve the following applications for license: Fair Hills Resort 24270 County Highway 20 Detroit Lakes, MN 56502 On-Sale Liquor & Sunday Liquor (seasonal) License subject to approval of the County Attorney and the County Sherill Pelican Hills RV Park 20098 S Pelican Drive Pelican Rapids, MN 56572 Spanky's Stone Hearth 34785 County Road 4 Vergas, MN 56587 Ye Olde School House 24028 Every Drive Erhard, MN 56534 Tobacco On-Sale Liquor & Sunday Liquor Renewal of Consumption and Display Permit Vacationland Resort On/Off-Sale 3.2 Malt Liquor License 38555 Wagon Trail Loop Battle Lake, MN 56515 License subject to approval of the County Attorney and the County Sherill Zorbaz of Otter Tail Lake, Inc. 36108 County Highway 72 Battle Lake, MN 56515 On-Sale Liquor & Sunday Liquor (seasonal) License subject to approval of the County Attorney and the County Sherill Zorbaz on Pelican Lake 51709 County Highway 9 Pelican Rapids, MN 56572 Tobacco OTC Board of Commissioners' Minutes April 20, 2010 Page 3 Buffalo Red River Watershed District Motion by Froemming, second by Huebsch, and unanimously carried to appoint Commissioner Everett Erickson as Otter Tail County's representative on the Buffalo Red River Watershed District. Friends of Fort Juelson Motion by Huebsch, second by Lindquist, and unanimously carried to use the balance of the funds appropriated in CY2008 and CY2009 for the Friends of Fort Juelson, in the amount of $2,543.00, for a split rail fencing enhancement project. Motion by Huebsch, second by Lindquist, and unanimously carried to authorize the release of the unexpended funds ($2,543.00) upon completion of the proposed project. Public Health Emergency Response Contract Motion by Lindquist, second by Rogness, and unanimously carried to authorize the Chairman's signature to execute a grant agreement between the Minnesota Department of Health and the County of Otter Tail for Phase IV of the Public Health Emergency Response funding. Amount of the grant for the Public Health Department is $7,202.00. Payment Approved Motion by Rogness, second by Huebsch, and unanimously carried to authorize payment of membership dues for the County Board to the Otter Tail Family Services Collaborative for FY2009/2010 in the amount of $300.00. Planning Commission Recommendations Conditional Use Permit -Leigh & Shana Barry. Motion by Rogness, second by Huebsch, and unanimously carried to approve a Conditional Use Permit for construction of a driveway as presented. The property is described as GL 1 except tract, Section 31 and GL's 3 & 4 & S1/2 SW1/4, Section 32 of Dead Lake Township; Dead Lake (56-383). Conditional Use Permit-Jason Stiqen: Motion by Lindquist, second by Erickson, and unanimously carried to approve a Conditional Use Permit to prepare a building site as presented. The property is described as Pt GL 6 & Pt GL 7 com SE cor Sec 29, N 943.12', 454.62', S 75 Deg .. , (18.34 AC), Section 29 of Friberg Township; West Red River Lake (56-711), NE. Conditional Use Permit -DGD Enterprises: Motion by Erickson, second by Lindquist, and unanimously carried to deny a Conditional Use Permit for development of a small strip of commercial stores for the reasons as stated in the April 14, 2010, Planning Commission minutes. The property is described as Pt of GL 5 .. , Section 1 of Scambler Township; Pelican Lake (56-786), GD. Otter Trail Riders Trail Association Otter Tail County Resolution No. 2010 -26 Commissioner Huebsch offered the following and moved its adoption: WHEREAS, Otter Tail County has sponsored Grant-In-Aid Systems in the past; and WHEREAS, acceptance of the Grant-In-Aid Systems proposed extensions are subject to the review and approval of the County Attorney. OTC Board of Commissioners' Minutes April 20, 2010 Page4 THEREFORE, BE IT RESOLVED that Otter Tail County shall continue to sponsor Grant-In-Aid Trail Systems as they exist for the Otter Trail Riders Snowmobile Trail Association and proposed extensions of Grant-In-Aid Trails with the aforementioned condition. Commissioner Erickson seconded the resolution and, upon being put to vote, the resolution was unanimously adopted. Adopted this 20th day of April, 2010 Dated: P'f/47 /,Jplo ' I V ;J Attest ~ ~ La; Kron, Clerk OTTER TAIL COUNTY BOARD OF COMMISSIONERS oemming, Board of Commissioners Chair Recess At 11 :21 a.m., Chairman Froemming declared the meeting of the Otter Tail County Board of Commissioners recessed. Video Conference At 11 :27 a.m., the Board of Commissioners meeting was reconvened in the Dead Lake room at the Government Services Center in Fergus Falls to view a Public Health interactive video entitled "Creating a Better State of Health". All five seated commissioners were present as well as several Public Health and SCOW State Health Improvement Program (SHIP) staff. Several documents were provided about unhealthy behaviors and how the SHIP plan aims to reduce obesity and tobacco use. Commissioner of Health, Sanne Magnan, and Health Improvement Initiatives Manager, Cara McNulty, provided a more detailed briefing of the statewide program which was followed by a question and answer session. At 1 :05 p.m., the Chairman recessed the Board meeting upon conclusion of the video conference. Public Hearing for Consideration of Enactment of Amendments to the Sanitation Code At 1 :38 p.m., Chairman Froemming declared the Otter Tail County Board of Commissioners' meeting reconvened as a public hearing for amending the Otter Tail County Sanitation Code. The following people were present for the public hearing: All Five Seated Commissioners County Attorney County Coordinator Public Health Director Land & Resource Director Land & Resource Office Manager Land & Resource Inspectors Twenty-seven members of the public (signed the public hearing roster) County Attorney, David Hauser, stated that today's Public Hearing and communication with local government officials is regarding a proposed new Sanitation Code for Otter Tail County. The County is required by the State to adopt a new ordinance based upon the State rules. The State is also considering changing the new rules; therefore, the County is proposing to make the rules effective January 1, 2011. If changes are made, there would be time for Otter Tail County to amend the ordinance again and still comply with the adoption of the ordinance in May of 2010. OTC Board of Commissioners' Minutes April 20, 2010 Page 5 Land & Resource Director, Bill Kalar, referred to the proposed State revisions and highlighted many areas of change including licensure requirements through the MPCA, septic tank access, depth, location, and abandonment rules, holding tank requirements, types of septic systems, management plans and SSTS operating permits, and certificates of compliance. At 2:00 p.m., Mr. Kalar opened the hearing for questions and comments from the public. The following is a brief summary: Septic System Designer, Steve Schmidt, Alexandria, MN • Questioned who will be responsible for the verification of soils • Verified that a homeowner can install a sealed holding tank • Clarification of compliance report requirements • Verification of depth of septic systems for existing vs. new construction Wayne Johnson • • • • • • • • • • • Expressed opinion that the soil verifications should be completed up front by the County, understanding the County would need to be paid. This would prevent problems after the system has been installed. Expressed a need for more County inspectors Requested that the County talk to installers regarding an open source database that works best for reporting purposes Expressed concern about homeowner installed holding tanks Question with jurisdiction of rules if the State adopts rules May 1, 2010 and the County's rules are not effective until January 1, 2011. The County Attorney and MPCA representative stated that Installers are in compliance if they follow the County's rules. Concerned with the change in lake classifications to Natural Environment and how that affects septic system setbacks Recommended that Type Ill, IV, and V Systems be allowed for certain circumstances Recommended change in the definition of seepage pit -the definition is not much different than a drain field Septic disposal or land application language is too restrictive For ISTS, would like a drawing required for as-builds from designer or installer instead of Land & Resource office Recommends that the Land & Resource office has enough staff (Inspectors) to view systems 30 days after installation Dunn Township Supervisor, Mike Johnson, Pelican Rapids: • Suggested User Committee to finalize draft Sanitation Code Ordinance or for input on implementation Doug Green, Fergus Falls: • Clarification on access for septic tanks and holding tanks Compton Township Supervisor, Jim Goeden: • Questioned when older systems need to be upgraded Mitch Okerstrom, Fergus Falls: • Question regarding 5 year compliance guidelines OTC Board of Commissioners' Minutes April 20, 2010 Page6 Installer, Brian Brogard: • Comment on other counties and their restrictions regarding fast perc rates and pressure beds Other comments: • Page 63 -7080.0600, subp 1. A. -"Local units of government" should be changed to "Counties" so people do not think it means townships • Land & Resource will not go out routinely every 5 years to inspect septic systems -this ordinance would serve as notice to the public that the compliance certificate has a life expectancy • Suggestion that sewage system pumpers could email the County for reporting when tanks are pumped Additional comments about the draft Sanitation Code Ordinance will be accepted by Land & Resource Director, Bill Kalar, until Friday, April 30, 2010. The draft Ordinance can be amended based on suggestions. The amended ordinance will be considered by the Board of Commissioners in two weeks at their regular Board meeting. Action will be required before the June 2010 deadline from the State. Commissioner Froemming closed the public hearing at 2:44 p.m. Closed to the Public At 2:45 p.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, County Attorney, County Coordinator and Board Secretary. Adjournment At 3:05 p.m., Chairman Froemming adjourned the meeting of the Otter Tail County Board of Commissioners until Tuesday, April 27, 2010. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Attest: ~~ ~ Larry Kron, Girl< CB/kd OTC Board of Commissioner's Minutes April 20, 2010 Attachment A, Page 1 WARRANTS APPROVED ON 4/20/2010 VENDOR NAME AMOUNT ABG MAINTENANCE INC 171.00 AMERIGAS 568.81 SCOTT ARNDT 2,295.00 BALLARD SANITATION INC 474.00 KATHY BAUCK 980.00 BEN HOLZER UNLIMITED 45.24 BEYER BODY SHOP INC 1,041.29 BLUESTONE TECHNOLOGIES INC 183.00 BRAUN INTERTEC CORPORATION 2,293.75 BRAUN VENDING INC 34.24 WARREN BURRIS 149.75 CAROLINA SOFTWARE 400.00 CDW GOVERNMENT INC 45.47 CHEMSEARCH 257.19 GREG CHENEY 186.60 CO OP SERVICES INC 49.19 CODE 4 SERVICES LLC 1,224.17 COOPERS TECHNOLOGY GROUP 334.87 CULLIGAN 33.71 CULLIGAN WATER COND 22.82 D & T VENTURES LLC 739.00 DACOTAH PAPER COMPANY 160.36 DEANS COUNTRY MARKET 20.42 DENZEL'S REGION WASTE INC 572.80 RANDY DOROW 17.00 WAYNE ERICKSON 14.17 FARNAM'S GENUINE PARTS INC 516.61 FERGUS ELECTRIC 863.08 FERGUS FALLS DAILY JOURNAL 771.16 CITY FERGUS FALLS 7,272.40 FERGUS POWER PUMP INC 4,180.00 FOTH & VAN DYKE 1,794.00 FREMONT INDUSTRIES INC 3,092.28 FSH COMMUNICATIONS LLC 64.13 SHARON FUNK 30.00 G & K SERVICES 1,088.27 GE CAPITAL (CA) 374.05 GOPHER STATE ONE CALL 27.25 GRAINGER INC 118.80 PATRICK GRIFFIN 341 JONATHAN GUCK 397.50 LEROY HAAVIG 371.00 HATLING LAW OFFICE 2,557.50 BRUCE HAUGRUD 946 OTC Board of Commissioner's Minutes April 20, 2010 Attachment A, Page 2 DAVID HAUSER HAWES SEPTIC TANK PUMPING HEDAHLS HEADQUARTERS BRENT HELMEKE HENNING AUTO PARTS INC HENNING HARDWARE SANDY HOLO HONEYWELL INDEPENDENT EMERGENCY SERVICES JACOBSON CONSTRUCTION JOHN KARVONEN KELLY SERVICES I NC STEVEN KOEHLER KRG LLC L & L SERVICE LAKE REGION HEALTHCARE CORP LAKES AREA COOPERATIVE LAKEWAY MARKET LLC LARRY OTT INC TRUCK SERVICE LARRY'S SUPERMARKET LAWSON PRODUCTS INC LOCATORS & SUPPLIES INC MARCO MARCO INC ST LOUIS JAMES MARK DEBRA MAROTZ MATHISON COMPANY BRIAN MELAAS GEORGE MEYER MIDWEST PRINTING CO MN DEPT OF LABOR & INDUSTRY MN DEPT OF NATURAL RESOURCES 0 MN SHERIFFS' ASSOCIATION MN STATE AUDITOR NAPA FERGUS FALLS NEIL DORNBUSCH & ASSOCIATES NELSON AUTO CENTER SAMUEL NESS NETWORK CENTER COMMUNICATIONS NIEMELA AUTO REPAIR & TOWING NORTHERN SAFETY TECHNOLOGY INC NORTHLAND BUSINESS SYSTEMS INC OFFICEMAX INCORPORATED OLSON OIL CO INC ONE CALL LOCATORS LTD OTTER TAIL CO PUBLIC HEALTH OTTER TAIL CO TREASURER 18.30 70.00 26.29 432.26 114.33 74.70 864.81 2,076.00 64.22 350.00 432.26 280.00 847.50 6,521.10 57.50 960.00 7.20 220.92 1,375.00 112.22 211.68 18.81 904.75 331.65 65.00 365.70 179.56 1,486.00 94.00 208.41 10.00 90.00 112.31 18,097.43 13.23 27,253.13 46,709.63 432.28 57.50 208.73 708.35 897.79 92.90 2,748.47 165.22 64.00 701.20 OTTERTAIL BAKERY OTTERTAIL TRUCKING INC OVERLAND MECHANICAL SERVICES PEPSIAMERICAS GLORIA PERALA CITY PERHAM PETE'S AMOCO PETER'S LAWN SERVICE DEBRA PORKKONEN PRAXAIR DISTRIBUTION INC PREMIUM WATERS INC PRO-WEST & ASSOCIATES INC PUBLIC SAFETY CENTER INC REVIEW ENTERPRISES INC WILLIAM ROGERS ROYAL TIRE INC SB LC-FF SCOTT HOFLAND CONSTRUCTION INC SERVICE FOOD SUPERVALU SEWER SERVICE SIGNWORKS SOUTHTOWN C-STORE JESSICA STEINBRENNER STEINS INC STEVE'S SANITATION INC STRAND HARDWARE & RADIO SHACK STREICHERS SUPER SEPTIC & EXCAVATION SUREFIRE LLC TITAN ACCESS ACCOUNT TNT REPAIR INC UNIVERSITY OF MN VARITECH INDUSTRIES JOEL VAUGHAN VERGAS 66 GAS & CONVENIENCE IN VICTOR LUNDEEN COMPANY VIKING COCA-COLA VOSS LIGHTING LAURENCE WALZ AND WASTE MANAGEMENT RANDY WASVICK DAVID WEISS WELLER OIL CO WEST GOVERNMENT SERVICES WEST PAYMENT CENTER WHITE BANNER UNIFORM SHOP ZEE MEDICAL SERVICE ***Fl NAL TOT AL. .... OTC Board of Commissioners' Minutes April 20, 2010 Attachment A, Page 3 19.00 6,690.00 232.66 509.37 815.00 114,623.28 57.51 42.75 2,742.00 213.22 33.34 495.00 378.11 28.00 1,015.00 513.51 17.10 5,175.00 27.50 260.00 582.47 430.61 350.52 1,896.74 2,167.36 32.63 3,055.55 77.19 241.09 3,617.42 32.00 210.00 1,432.89 4,298.90 59.49 866.81 440.33 795.13 1,215.00 21,58674 107.27 42.72 156.24 84.70 817.11 97.00 23.17 331,581.52