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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 05/18/2010MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, Commissioners' Room 515 W. Fir Avenue, Fergus Falls, MN Tuesday, May 18, 2010 9:30 a.m. Call to Order The Otter Tail County Board of Commissioners convened Tuesday, May 18, 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 Erickson, second by Huebsch, and unanimously carried to approve the Board of Commissioners agenda of May 18, 2010 with the following additions: Probation Director, Chuck Kitzman, REAM Agreement Addendum Approval of Minutes Motion by Rogness, second by Lindquist, and unanimously carried to approve the Board of Commissioners meeting minutes of May 11, 2010 with the following correction: May 11, 2010 minutes on Page 4 under the heading entitled "U.S. Fish & Wildlife Fee Purchase", the motion is corrected to read as follows: Motion by Huebsch, second by Erickson, and carried with Lindquist opposed, to certify the requested purchase of land by the USFW Service consisting of 88 acres in Section 7 of Newton Township owned by Michael and Julie Patron as described: Approval to Pay Bills Motion by Huebsch, second by Erickson, and unanimously carried to approve payment of the County Board bills per Attachment A of these minutes. Approval of Seasonal Staff Motion by Rogness, second by Erickson, and unanimously carried to authorize the Treasurer to fill a Seasonal Staff position for the tax season. Bid Award -S.P. 56-601-49 CSAH 1 Trail Motion by Rogness, second by Huebsch, and unanimously carried to award S.P. 56-601-49 CSAH 1 Trail to the low bidder, Mark Sand & Gravel Co. of Fergus Falls, MN in the amount of $191,509.15, as recommended by the Highway Engineer. Great River Energy Relocation Agreement Motion by Erickson, second by Rogness, and unanimously carried to authorize the Chairman's signature on the Relocation Agreement with Great River Energy for the relocation of a transmission line on CSAH 83. The estimated cost of the relocation is $722,960.04. Otter Tail County Resolution No. 2010 -31 Advance Encumbrance of Town Bridge Funds Commissioner Froemming offered the following and moved its adoption: WHEREAS, Otter Tail County intends to construct S.A.P. 56-599-57 (Replacement of old Bridge No. L0884), which will require Town Bridge Funds in excess of those currently available in the County's State Aid Town Bridge Account: • I OTC Board of Commissioners' Minutes May 18, 2010 Page 2 NOW, THEREFORE, BE IT RESOLVED, that the Commissioner of Transportation is hereby requested to approve this request to advance funds from the general fund balance of the Town Bridge Account for financing the construction of these township bridge projects, in the amount of up to $311,372.00, in accordance with Minnesota Rules 8820.1500, Subpart 9a. Furthermore, the County agrees to the following terms and conditions in accepting these advance funds: 1. The County agrees to execute a contract for construction of this township bridge project identified by the Commissioner as having been approved for funding with advance Town Bridge Account funds prior to the next Town Bridge fund allocation. 2. If after receiving notice of project approval using advanced Town Bridge Account funds and prior to execution of a contract, the project is delayed until after the next allocation, the County will notify the Commissioner as soon as practical after the delay is known and release the advanced funds. 3. The County agrees to repay the advanced funds from subsequent year's accruals to the County's Town Bridge Account, using 100% of the County's annual apportionment until the advance is repaid. Commissioner Lindquist seconded the motion and YEAS and NAYS are as follows: Board of County Commissioners Everett P. Erickson YEA X X X X X NAY ABSENT ABSTAIN Roger Froemming John Lindquist Douglas A. Huebsch Leland R. Rogness Adopted at Fergus Falls, Minnesota, this 18th day of May, 2010. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Informational Items County Auditor, Wayne Stein provided the Board with a copy of the Board of Adjustment Minutes for May 13, 201 O and an informational brochure on Aggregate Material Tax. Committee Reappointment Motion by Huebsch, second by Lindquist, and unanimously carried, as recommended by the Otter Tail Water Management District Board of Commissioners, to reappoint Dennis Jones (28543 COUNTY HIGHWAY 145, BATTLE LAKE MN 56515-9350) to a four year term on the Otter Tail Water Management Board. ' , Exempt Permit OTC Board of Commissioners' Minutes May 18, 2010 Page 3 Motion by Huebsch, second by Lindquist, and unanimously carried, to approve, with no waiting period, the LG220 Application for Exempt Permit as submitted by the St. Lawrence Catholic Church for an event scheduled for Sunday, August 1, 2010 License Renewals Motion by Erickson, second by Froemming, and unanimously carried to approve the following applications for license: *Bruce Finkelson On/Off-Sale 3.2 Malt Liquor Clear Lake Resort Dalton, MN 56324-4102 *Heislers Gravel & Rental Prop. Inc. Heislers Campground Pub Vergas, MN 56587 Thomas A. Pesante Lakeside Market Battle Lake, MN 56515 Eric Malmstrom ! Madsen's Resort Battle Lake, MN 56515 Perham Oasis Convenience Store Lakes Area Cooperative Perham, MN 56573 *St. Lawrence Church Perham, MN 56573 *Bryan Stetz Ye Olde School House Bar and Grill Erhard, MN 56534 On/Off-Sale 3.2 Malt Liquor Off Sale 3.2 Malt Liquor On/Off-Sale 3.2 Malt Liquor Off-Sale 3.2 Malt Liquor Temporary On-Sale 3.2 Malt Liquor On/Off-Sale 3.2 Malt Liquor *These licenses are subject to the approval of the County Attorney and the approval of the County Sheriff. Otter Tail County Resolution No. 2010-32 Absentee Ballot Board Commissioner Erickson offered the following and moved for its adoption: WHEREAS, Minnesota Statute Section 203B.121 requires that each governing body with responsibility to accept and reject absentee ballots must establish an absentee. bal_lot poard; and WHEREAS, Otter Tail County is responsible for accepting and rejecting absentee ballots for all Federal, State and County primary, general and special elections, as well as for local elections held in conjunction with all Federal, State and County elections; and WHEREAS, the Otter Tail County Board of Commissioners is responsible for the appointment of a sufficient number of adequately trained election judges to process absentee ballots; and OTC Board of Commissioners' Minutes May 18, 2010 Page 4 WHEREAS, the Otter Tail County Auditor's office will recommend a sufficient number of individuals for appointment by the Otter Tail County Board of Commissioners to the Absentee Ballot Board; and WHEREAS, each election judge appointed to serve as a member of the Absentee Ballot Board will meet the qualifications as stated in Minnesota Statute Section 2048.19; and WHEREAS, each election judge appointed will be trained by the Otter Tail County Auditor's office as instructed by the Secretary of State and in accordance with all applicable statutes and rules relating to the handling of absentee ballots; and WHEREAS, the duties and responsibilities of the absentee ballot board are stated in Minnesota Statute Section 2038.121 Subdivision 2; and WHEREAS, the process for establishing a record of absentee voting, the opening of envelopes and the storage and counting of absentee ballots are stated in Minnesota Statute Section 2038.121 Subdivisions 3 through 6; and WHEREAS, the Otter Tail County Board of Commissioners shall pay reasonable compensation to each member of the Absentee Ballot Board for the services rendered during an election; and WHEREAS, pursuant to Minnesota Statute Section 2038.13, the Otter Tail County Board of Commissioners had previously adopted an Absentee Ballot Board Ordinance on Tuesday, July 25, 1990; and WHEREAS, for elections administered in 2010 and forward, the authority granted to Minnesota counties by the provisions of Minnesota Statute Section 2038.13 have been repealed by Laws 201 O Chapter 194 Section 27. NOW, THEREFORE, BE IT RESOLVED, that the Otter Tail County Board of Commissioners hereby recognizes the requirement of Minnesota Statute Section 2038.121 Subdivision 1 and hereby establishes by this resolution an Absentee Ballot Board to administer the provisions of Minnesota Statute Section 2038.12; and BE, IT FURTHER RESOLVED, that appointments to the Absentee Ballot Board will be made prior to the start of absentee voting for each election, appointments will be election specific and reasonable compensation for the services rendered by members of the Absentee Ballot Board will be established at the time of appointment. Commissioner Rogness seconded the resolution and, upon being put to vote, the resolution was unanimously adopted. Dated: Otter Tail County Board of Commissioners Attest: Recess & Reconvene At 10:17 a.m., Chairman Froemming declared the meeting of the Otter Tail County Board of Commissioners recessed for a Capital Improvement Committee Meeting. The meeting was reconvened at 10:45 a.m. with commissioners Froemming, Lindquist, Erickson and Huebsch present. Commissioner Rogness was present at 10:47 a.m. ' . REAM Grant Addendum OTC Board of Commissioners' Minutes May 18, 2010 Page 5 Motion by Erickson, second by Froemming, and unanimously carried to authorize an Addendum to the FY 2010 Remote Electronic Alcohol Monitoring agreement. The Addendum increases the amount of the agreement $2,000. Drainage System No. 16 Ditch Inspector, Randy Wasvick, discussed the recent Ditch No. 16 public information meeting and stated that the majority of the public was in favor of proceeding with work at the outlet of Clitherall Lake to increase the flow of water through the ditch system. He requested permission to apply for wetland permits from the Board of Water and Soil Resources (BWSR) which will be required to proceed with the project. He also requested approval to proceed with Phase II of the Engineer's Study to develop an estimate for the work to be completed. Motion by Huebsch, second by Lindquist, to accept the Engineer's Study that was presented at a public meeting on May 7, 2010 entitled "Repair to Otter Tail County Ditch No. 16" (dated February 2010). Lengthy discussion followed regarding the amount of cleanout to be completed at the outlet of Clitherall Lake. County Attorney, David Hauser, stated that the Board's responsibility as the Ditch Authority is for the ditch to work as designed and constructed. The DNR has authority below the Ordinary High Water Level which will limit clean out work. Chairman Froemming called for the vote. Motion carried unanimously. Motion by Rogness, second by Lindquist, and unanimously carried to request Engineer, Jeff Langan, to proceed with M.S. 103E. 721 plans and specifications because the hydraulic capacity of Ditch No. 16 is inadequate. Motion by Huebsch, second by Froemming, and unanimously carried to authorize the Ditch Inspector to apply for the appropriate wetland permit(s) through BWSR for the Ditch No. 16 project. Planning Commission Recommendations Conditional Use Permit -East Silent Resort. LLC: Land & Resource Director. Bill Kalar, stated that this is a CUP request for an expansion of the resort and request for a 15 year time frame to complete the expansion. Planning Commission recommended approval with five conditions. Kevin Osmundson, resident of East Silent Lake, expressed some concern that a number of lake owners were unaware of the proposed resort expansion. He spoke in opposition of allowing 22 docking slips on 'the lake that are grandfathered in. He provided handouts to the Board that included a map of East Silent Lake, a Map of East Silent Resort, Cluster/PUD Evaluation Sheet and a 1987 MN DNR Booklet entitled "Lake Development, How much is too much?" He noted that the PUD Evaluation states that they are granted one dock per residential or commercial dwelling unit in tier 1 and additional mooring sites under the DNR permits for commercial marina. He stated that he didn't find any DNR permits.for that purpose. Mr. Kalar responded that this review was completed under the County's ordinance which is approved by the DNR as meeting their requirements. DNR was notified and they did not comment. Under the County's ordinance, the number of boat slips would be limited to the first tier numbers which is ten. However, East Silent Resort had 22 docking slips previously based on their application, so the request was to increase from 11 cabins to 30 cabins and the boat slips would remain unchanged. Andy Leonard (representing East Silent Lake Resort, LLC) stated that the resort is committed to following the Shoreland Rules. He indicated that there are not always 22 docks put out every year. However, when Planning Commission members completed their site visit, the docks were on the property and viewed by the members. He also spoke about the favorable changes being made to decrease the impact on the lake moving the current units back and getting rid of tarred roads. Neighbor, Jason Gunstenson, expressed his opposition to the expansion because of the small size of the lake. Don Deiderick also expressed opposition to the proposal. Motion by OTC Board of Commissioners' Minutes May 18, 2010 Page 6 Huebsch, second by Erickson, and unanimously carried to approve a Condition Use Permit to upgrade resort facilities with conditions as recommended by the Planning Commission. The property is described as Pt GL 1 & 2 ex tracts (46.60 Ac), Section 33, Dora Township; East Silent Lake, (56- 517), RD. Conditional Use Permit-Dora Township: Motion by Erickson, second by Lindquist, and unanimously carried to approve a Condition Use Permit for rebuilding of 193ro Ave and Silent Haven Drive with a condition as recommended by the Planning Commission. The property is located at 293rd Ave and Silent Have Dr, Section 32 of Dora Township, West Silent Lake (56-519), RD. Conditional Use Permit-Bruce & Karla Vis/ad: Motion by Erickson, second by Lindquist, and unanimously carried to approve the After-The-Fact Conditional Use Permit to cover geothermal heat pump drain with a condition as recommended by the Planning Commission. The property is described as Lot 14 Nelsons Oakwood Park Beach 1st Addition, Section 23, Elizabeth Township; Jewett Lake (56-877), GD. Conditional Use Permit -Robert & Kathleen Odendahl: Motion by Huebsch, second by Rogness, and unanimously carried to approve a Conditional Use Permit for construction of a landscape wall as presented. The property is described as Lot13 & 14 Block 1 of Elm View, Section 16, Pine Lake Township; Big Pine Lake (56-130), GD Conditional Use Permit -Wee Villa LLP Partnership: Motion by Erickson, second by Lindquist, and unanimously carried to approve a Conditional Use Permit to install a 5 -12 pitched roof on an existing mobile as presented. The property is described as Lot 4, Ex Trs (36.15 Ac), Sec 14, Elizabeth Township; Long Lake (56-784), RD. Conditional Use Permit -Pine Lake Township: Motion by Huebsch, second by Froemming, and unanimously carried to approve a Conditional Use Permit for road reconstruction with a condition as recommended by the Planning Commission. The project is located on Nitche Lake Road from CSAH no 53 to N Town Line, Sections 4, 9, 10, 15 & 16 of Pine Lake Township; Big Pine Lake (56-130), GD & Nitche Lake (56-126), NE. Recess & Reconvene At 11 :52 a.m., Chairman Froemming declared the meeting of the Otter Tail County Board of Commissioners recessed for a Site Visit of the 60-Bed CARE Facility and lunch. The meeting was reconvened at 1 :06 p.m. with Commissioners Froemming, Lindquist, Erickson and Rogness present. Commissioner Huebsch was present at 1: 11 p.m. Joint Water Planning Meeting The Otter Tail County Board of Commissioners; West Otter Tail Soil & Water Conservation District Manager, Brad Mergens; East Otter Tail Soil & Water Conservation District Manager, Darren Newville; and SWCD Board Members held a Joint Water Planning meeting. They discussed watershed districts, current mapping and the proposed Watershed District by Wilkin County. Ottertail Lake COLA Meeting Motion by Erickson, second by Rogness and unanimously carried to assign Commissioner Huebsch to attend the Ottertail Lake COLA Meeting on Saturday, May 22, 2010. . ' Adjournment OTC Board of Commissioners' Minutes May 18, 2010 Page 7 At 2:45 p.m., Chairman Froemming adjourned the meeting of the Otter Tail County Board of Commissioners until Tuesday, May 25, 2010. CB/kc OTTER TAIL COUNTY BOARD OF COMMISSIONERS By: --=-.LJ.~~--,-4.41J~::;;::z...--,-..,.-----=-:--,--roemming, Board of Commissioners Chair .. ' ' ' .... OTC Board of Commissioners' Minutes May 18, 2010 Attachment A, Page 1 WARRANTS APPROVED ON 5/18/2010 FOR PAYMENT 5/18/2010 VENDOR NAME A-1 WAYNE'S TOWING A'VIANDS LLC AMERICAN INSTITUTIONAL SUPPLY ANDERSON LAND SURVEYING INC APPLIED CONCEPTS INC BRUCE ASFELD BAUCK PAINT & SUPPLY BRAUN INTERTEC CORPORATION WADE BUGBEE CBCINNOVIS INC CODE 4 SERVICES LLC VINCE CRARY CULLIGAN WATER COND DAYS INN WILLMAR KATHY DOMHOLT FARNAM'S GENUINE PARTS INC STEVE FELT FERGUS FALLS DAILY JOURNAL G & K SERVICES GE CAPITAL (CA) GRAND VIEW LODGE HEDAHLS HEADQUARTERS HENNING AUTO PARTS INC HENNING HARDWARE INNOVATIVE OFFICE SOLUTIONS K-MART . KEEPRS INC CY'S UNIFORMS · LAKE REGION DENTAL CENTER . LAKE REGION HEALTHCARE CORP LAKES AREA COOPERATIVE LARRY OTT INC TRUCK SERVICE LAWSON PRODUCTS INC LOCATORS & SUPPLIES INC M-R SIGN COMPANY INC. MARCO INC ST LOUIS MEKALSON HYDRAULICS INC MN HWY SAFETY AND RESEARCH CEN MN SHERIFFS' ASSOCIATION MONITOR TIRE DISPOSAL INC NEIL DORNBUSCH & ASSOCIATES . NELSON AUTO CENTER NORTHLAND BUSINESS SYSTEMS INC NORTHLAND REBUILDING OFFICEMAX INCORPORATED OTTER TAIL CO PUBLIC HEAL TH . PAMIDA PHARMACY PERRIN MOBILE MEDICAL PETE'S AMOCO PITNEY BOWES PRAXAIR DISTRIBUTION INC PRO-WEST & ASSOCIATES INC RAY'S OIL COMPANY REGENTS OF THE UNIVERSITY OF M . RELIABLE OFFICE SUPPLIES , RINGDAHL AMBULANCE SERVICE MATTHEW SAURER :STEINS INC SWANSTON EQUIPMENT CORP TITAN ACCESS ACCOUNT TOWMASTER UNIFORMS UNLIMITED WALLWORK TRUCK CENTER WHITE BANNER UNIFORM SHOP ZIEGLER INC FINAL TOTAL. AMOUNT 156.00 2,816.87 265.73 1,760.00 10,304.00 300.00 3.47 2,322.00 134.75 12.25 583.00 175.00 26.46 135.10 18.93 321.69 568.56 156.00 887.17 374.05 954.00 11.23 144.62 47.07 11.94 21.33 42.73 251.00 1,028.00 289.26 625.00 242.50 25.63 453.55 331.65 208.41 2,196.00 280.00 590.10 10,231.72 13.77 1,832.20 128.25 343.06 853.00 3,408.34 162.28 296.99 477.66 268.79 320.00 176.54 12.00 229.58 150.00 7.47 214.70 1,878.38 349.10 135.06 121.51 409.08 26.50 934.25 $52,055.28