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Home My WebLink AboutBoard of Commissioners - Minutes - 03/29/2011MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, Commissioners' Room 515 W. Fir Avenue, Fergus Falls, MN March 29, 2011 6:00 p.m. Call to Order The Otter Tail County Board of Commissioners convened Tuesday, March 29, 2011, at 6:00 p.m., at the Otter Tail County Government Services Center in Fergus Falls, MN, with Commissioners John Lindquist, Chair; Lee Rogness, Vice-Chair; Doug Huebsch, Wayne Johnson, and Roger Froemming present. Approval of Agenda Motion by Froemming, second by Huebsch, and unanimously carried to approve the Board of Commissioners agenda of March 29, 2011, with the following additions: Prometheus Motorcycle Run Parking Space Lease Execution of Ethanol Plant Documents Auditor's Agenda Items Reorganization/Classification Approval of Minutes Motion by Froemming, second by Johnson, and unanimously carried to approve the Board of Commissioners meeting minutes of March 22, 2011, as mailed. Approval to Pay Bills Motion by Huebsch, second by Rogness, and unanimously carried to approve payment of the County Board bills per Attachment A of these minutes. County Ditch No. 16 Engineer, Jeff. Langan and Ditch Inspector, Randy Wasvick, updated the Board on the status of County Ditch No. 16. Phase 1 of the project has been completed with the exception of clean-up work. Mr. Langan reviewed the excavation work completed and provided, before and after pictures, as well as a written status report. The cost for remaining work to finish the corridor in Phase I was estimated at $10,000 to '$15,000. Mr. Langan reviewed the culvert replacements portion of the project. He noted that there may have been restrictions in the channel because the water surface behind the cabins on North Clitherall Lake Road has dropped 1 ½ to 2 feet. The material in the channel is extremely soft; therefore, he recommended review every 5 to 10 years to determine if the channel needs additional work. Total estimated cost of the project was reported at $180,000 to $220,000. Splitting the project into phases has provided a significant savings over the initial all-inclusive project bid. County Ditch No. 37 Mr. Wasvick provided a map and documentation regarding County Ditch No. 37. Discussion took place regarding problems with the ditch, original design, and a petition that was submitted several years ago without the required bond. Motion by Rogness, second by Johnson, and unanimously carried to request that Engineer, Jeff Langan, view Ditch No. 37 and inform the Board why it is not working and if there are repairs that could be completed that would make it work as designed. OTC Board of Commissioners' Minutes March 29, 2011 Page 2 Shoreland Management Ordinance Public Hearing for Proposed Amendments At 6:35 p.m., County Attorney, David Hauser opened the Public Hearing to consider enactment of proposed amendments to the SMO. Copies of the proposed amendments were distributed. Land & Resource Director, Bill Kalar, indicated that the County Board recently enacted a Wind Energy Conversion System (WECS) and some of the language in the SMO needed to be amended to be consistent with the WECS Ordinance. Other amendments being considered clarify the existing Land & Resource Department positions and interpretations of current SMO language. There were approximately 15 members of the public present at the meeting. Mr. Hauser requested that individuals wishing to speak give their name, comment, and rationale for their opinion regarding the proposed changes. Comments are summarized as follows: Robert Bigwood, Attorney: • Spoke in opposition of most of the proposed changes. • Concern that many of the proposed changes do not protect the land and environment and are not required by the DNR model ordinance. • Concern that many of the changes are subjective and difficult to quantify; therefore, place an undue burden on home owners. • Current setback and WCA rules are adequate. If topographical surveys are needed, it will be an additional expense for homeowners. • Objected to landscape rock and decks being included as an impervious surface. • Concern that the proposed amendments will not clarify but create further confusion. Dave Butenoff from Siefert Beach: • Spoke in opposition of including Eco-Stone permeable pavers as an impervious surface. • The pavers do not drain water off -water flows through it very well even if it is frozen. • Eco-Stone brick is better than landscape rock because of what is below the brick/pavers. Duane Seifert: • Spoke in opposition of including Eco-Stone permeable pavers as an impervious surface. • Eco-Stone pavers are very impressive and are permeable. Richard Larum from Hebron Brick and Rock: • Opposed to putting permeable pavers and landscape rock in the impervious surface definition because of problems in the field. Boulders and landscape rock is a natural product of the earth. • Requiring a homeowner to measure a boulder and not do boulder walls to enhance the landscape leaves too much to interpretation. • Landscape rock is not an impervious issue. • Offered to show a 10 year-old paver project on Pelican Point Road to commissioners. • Have completed many nice projects in Becker County with pavers. • Pavers help the water quality in lakes by recharging ground water and filtering it. • Many case studies and model testing on the permeable pavers. Milt Paulson, Battle Lake Real Estate Broker: • Spoke against adding landscape rock and permeable pavers as an impervious surface. • Asked for the science that supports landscape rock being considered impervious. • Other jurisdictions have other options engineering the proper drainage systems along with a maintenance plan when using the permeable pavers. The following letters were submitted for the Public Hearing: Architect Anthony J. Stoll from bhh Partners: OTC Board of Commissioners' Minutes March 29, 2011 Page 3 • Opposed to adding landscape rock to the list of impervious surfaces. • Questioned the basis of the engineering as stone is part of site drainage plans used to facilitate and assist with erosion control and site drainage. • Consider adopting language in the SMO to allow for engineered site approach to site drainage. Landscape Architect, Craig Johnson • Commented in favor of giving landscape rock and various types of permeable paving systems a percentage when considering the impervious surface. Gary Hart from Scambler Township: Lee & Char Skistad from Pelican Rapids: Linda Butenhoff: Denny Tollefson from Scambler Township: Lori Windels • Commented in favor of using Echo Stone as a permeable product. Land & Resource Director, Bill Kalar, indicated that Becker County is considering changing their Shoreland Ordinance because there have been some issues with permeable pavers. He stated that the purpose of including pavers and landscape rock to the impervious surface definition is to reduce the amount of land that is covered and reduce the amount of runoff into the lakes and onto neighbors' land. He noted that the proposed DNR rules include 15% impervious surface for a lot and 20% for a lot with an engineered storm water management plan. Commissioners discussed issues Becker County is experiencing with permitting the pavers and issues that occur if the pavers are not installed properly. At 7:12 p.m., upon conclusion of public comment, Chairman Lindquist declared the Public Hearing closed. Comments will be considered and a decision made at an upcoming Board meeting. Parking Space Lease Motion by Johnson, second by Froemming, and unanimously carried to authorize the Chairman's signature to execute a Parking Space Lease between the County of Otter Tail and First Lutheran Church of Fergus Falls, MN. The lease negotiates fewer parking spaces for County use with an approximate annual savings of $8,000. Recess & Reconvene At 7:17 p.m., Chairman Lindquist declared the meeting of the Otter Tail County Board of Commissioners recessed for a five minute break. Official Highway Map -CSAH No. 9 Motion by Rogness, second by Johnson, and unanimously carried to approve Otter Tail County Official Map No. 1 for the CSAH No. 9 project. This official map will be recorded for future use. Highway Project Update Highway Engineer, Rick West, briefed the Board regarding highway construction and design projects completed last season or in progress for the upcoming construction season. Final Payment-C.P. 10:TM, Etc. Motion by Huebsch, second by Johnson, and unanimously carried to approve final payment, in the amount of $12,568.20 per final estimate No. 6, to Traffic Marking Service, Inc. for completion of the 201 O County Wide Traffic Marking project. OTC Board of Commissioners' Minutes March 29, 2011 Page 4 Annual Prometheus M.C. Zoo Run On behalf of the Prometheus Motorcycle Club, Lester Carlson requested approval for the 26th Annual Zoo Run event scheduled June 26 & 27 of 2011. All proceeds of the motorcycle ride event are given to the Chahinkapa Park Zoo in Wahpeton, ND. Motion by Johnson, second by Huebsch, and unanimously carried to grant a waiver of the Shows and Exhibitions Ordinance for this charity event subject to adequate portable facilities and notification to law enforcement regarding the event which has been past practice. Reorganization The County Coordinator provided responses from the Personnel Board to employee questions and feedback regarding the conceptual reorganization plan. The next step in the process will be for the Personnel Board to gather comments from Department Heads. Job Classification System Motion by Huebsch, second by Johnson, and unanimously carried to contract with Fox Lawson & Associates, a Division of Gallagher Benefit Services, to conduct a Job System Analysis for Otter Tail County with cost not to exceed $2,000. After completion of the review, a report and presentation will be provided to the County Board. Permit/License Approvals Motion by Froemming, second by Huebsch, and unanimously carried to approve the LG214 Premise Permit Application as submitted by the Underwood Area Lions Club for the location of a gambling site at Elks Point. Motion by Huebsch, second by Froemming, and unanimously carried to approve the following application for license: Steve and Deb Heidenson Consumption & Display Permit dba Battle View Landing Henning, MN 56551 Payment Approvals Motion by Rogness, second by Froemming, and unanimously carried to approve payment, in the amount of $4,629.01, from the Capital Improvement Fund (Phelps Mill Account) to Kadrmas, Lee and Jackson, Inc. for design engineering services for the period ending February 26, 2011. Motion by Huebsch, second by Rogness, and unanimously carried to approve payment, in the amount of $1,797.00, to Meritcare Hospital for services provided under the provisions of Minnesota Statute 609.35. Adjournment At 8:47 p.m., Chairman Lindquist adjourned the meeting of the Otter Tail County Board of Commissioners until 9:30 a.m. on Tuesday, April 5, 2011. Dated A.pc; I 5, 2011 OTTER T/'f:) c~uNJt?BoARD .°F COMMISSIONERS By: c) '\/\NJ~ LU-,a,, Lindquist, Board ommissioners Chair CB/kd OTC Board of Commissioners' Minutes April 29, 2011 Attachment A, Page 1 WARRANTS APPROVED ON 3/29/2011 FOR PAYMENT 3/29/2011 VENDOR NAME A'VIANDS LLC AMEM AMERICAN BIO MEDICA CORPORATIO AMERICAN INSTITUTIONAL SUPPLY BEN FRANKLIN BLUE BOOK BREEZY POINT RESORT BRIGGS CORPORATION CDW GOVERNMENT INC CODE 4 SERVICES LLC COMSTOCK CONSTRUCTION OF MN D & V'S PERHAM BAKERY DACOTAH PAPER COMPANY DALLAS SAILER ENTERPRISES DAL TON SPORTS AND REPAIR DENZEL'S REGION WASTE INC E & J PRESS EAGLES CAFE AND CATERING SERVI EGGE CONSTRUCTION INC FERGUS FALLS DAILY JOURNAL GODFATHERS EXTERMINATING INC GRAINGER INC MIKE HANAN HEALTHCARE ENVIRONMENTAL SERVI HENRY'S FOODS INC JONES AND MAGNUS ATTORNEYS AT KELLY SERVICES INC LAKE REGION HEALTHCARE CORP LARRY OTT INC TRUCK SERVICE MANNY'S -ROCKY'S BAIT MARCO INC ST LOUIS MIDWEST PRINTING CO MINNESOTA REVENUE MN DEPT OF COMMERCE MN DEPT OF TRANSPORTATION MN HWY SAFETY AND RESEARCH CEN MOORE MEDICAL LLC MOTOROLA NAPA FERGUS FALLS NORTHLAND REBUILDING OFFICE DEPOT OFFICEMAX INCORPORATED OTTER ELECTRIC LLC OTTER TAIL TELCOM PELICAN RAPIDS PRESS PERHAM MEMORIAL HOSPITAL & HOM PETERSON MECHANICAL INC PITNEY BOWES PRAXAIR DISTRIBUTION INC QUILL CORPORATION RDO TRUCK CENTERS RELIABLE OFFICE SUPPLIES SERVICE FOOD SUPER VALU STAPLES ADVANTAGE STEINS INC STREICHERS AMOUNT 16.20 100.00 177.06 251.91 11 07 14.95 890.48 129.53 16,244 04 430.22 12,003.00 12.60 477.16 145.96 91.72 62.41 432.84 38.48 85.00 156.00 263.13 2.54 22.95 29.10 1,858.39 2,032.00 1,695.96 7,297.12 250.00 1,916.35 853.09 299.25 485.00 375.00 100.00 1.464.00 346.93 2,914.18 60.18 250.00 71.25 140.12 2,478.86 87.77 36.00 285.00 3,830.62 1,435.00 179.55 492.50 2,966.81 342.21 12.28 565.49 992.77 199.74 OTC Board of Commissioners' Minutes March 29, 2011 Attachment A, Page 2 VENDOR NAME THERM-AIR SALES CORPORATION TNT REPAIR INC TRANE US INC UL TEIG ENGINEERS UNIFORMS UNLIMITED US BEARINGS & DRIVES WENCK ASSOCIATES INC WEST PAYMENT CENTER .... FINAL TOTAL ..... AMOUNT 3,041.47 204.16 688.40 2,520.00 59.01 23.90 8,355.51 669.36 $83,963.58 ••••