HomeMy WebLinkAboutBoard of Commissioners - Minutes - 05/17/2011MINUTES OF THE
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Government Services Center, Commissioners' Room
515 W. Fir Avenue, Fergus Falls, MN
May 17, 2011
9:30 a.m.
Call to Order
The Otter Tail County Board of Commissioners convened Tuesday, May 17, 2011, at 9:34 a.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 Rogness, and unanimously carried to approve the Board of
Commissioners agenda of May 17, 2011, with the following addition:
Request for Approval of Tax and Arbitrage Certificate for Disposal System Revenue Bonds
Approval of Minutes
Motion by Rogness, second by Johnson, and unanimously carried to approve the Board of
Commissioners meeting minutes of May 10, 2011, with format changes as presented.
Approval to Pay Bills
Motion by Froemming, second by Huebsch, and unanimously carried to approve payment of the
County Board bills per Attachment A of these minutes.
Sheriff's Department Hiring Requests
Sheriff, Brian Schlueter, explained that corrections level officers are needed in the courtrooms in place
of the current bailiff system. Motion by Rogness, second by Johnson, and unanimously carried to
authorize development of a Part Time Corrections Officer eligibility list for hiring additional part time
Correction Officers as needed for security in the courtrooms. The eligibility list and hiring process will
be administered through the Coordinator's office.
Motion by Rogness, second by Lindquist, and unanimously carried to authorize the Sheriff to replace
a vacant deputy position using the hiring process through the Coordinator's office.
Transfer of Funds
Motion by Rogness, second by Johnson, and unanimously carried to transfer the MCIT insurance
dollars paid out for recent Sheriff's Office vehicle (unit #1001) damage from the General Fund to the
Capital Budget. Disposition of the dollars is assigned to the replacement vehicle for the Department.
Amendment to REAM Grant
Motion by Froemming, second by Huebsch, and unanimously carried to accept Amendment No. 2 for
FY2011 to the Remote Electronic Alcohol Monitoring (REAM) grant. The amendment increases the
REAM grant dollars by $1,200 for a total of $13,200.
Tax and Arbitrage Certificate
Motion by Johnson, second by Froemming, and unanimously carried to authorize the appropriate
County Officials' signature(s) to execute the Tax and Arbitrage Certificate contracts for the
$10,475,000 General Obligation Disposal System Revenue Bonds, Series 2011. The Contracts are
between the County of Otter Tail and the Prairie Lakes Municipal Solid Waste Authority (PLMSWA).
OTC Board of Commissioners' Minutes
May 17, 2011
Page 2
Seasonal Staff -Recorder's Office
Motion by Rogness, second by Johnson, and unanimously carried to authorize the Recorder to hire a
returning data entry person as a temporary, seasonal employee. The position is funded by the
Technology Fund which is an appropriation of funds to build a complete record system.
Veterans Service Transportation Program
Motion by Huebsch, second by Johnson, and unanimously carried to authorize the Coordinator's
office to advertise for temporary Van Transportation Drivers for the Veterans Service Transportation
program. A temporary employee works less than 6 months (67 shifts) per calendar year.
Recess & Reconvene
At 10:10 a.m., Chairman Lindquist declared the meeting of the Otter Tail County Board of
Commissioners recessed for a short break. The meeting was reconvened at 10:17 a.m.
Safe Routes to School (SRTS)
Motion by Froemming, second by Huebsch, and unanimously carried to authorize Otter Tail County to
be the Fiscal Agent for the City of Parkers Prairie SRTS grant application, subject to the City
submitting the appropriate paperwork through the Highway Department.
Vending Discussion
Facilities Operations Manager, Rick Sytsma, reported that Braun's Vending would like to provide 15%
of beverage sales to the County for space and electricity costs rather than a set dollar amount to have
the vending machines in County buildings. By consensus, Commissioners again requested $3,000
annually because this figure is based on historical data.
Dispatch Remodel Project Update
Architect, David Shultz, reported that the Dispatch Remodel Project was advertised in the Daily
Journal and there was a mandatory pre-bid conference for the electrical service last week. Comstock
Construction was the only bidder at the meeting. He requested direction from the Board whether or
not to proceed with the bid opening with a single General Contractor bidding on the project.
Discussion took place regarding the options. Motion by Froemming, second by Rogness, and
unanimously carried to authorize an Addendum to be issued for the Dispatch Remodel Project with a
pre-bid walk-through of the project area Friday, May 20, 2011 and bid opening on May 26, 2011.
DNR Easement issue
Jason Grenier appeared before the Board to discuss an issue involving a DNR land sale that took
place two years ago in Homestead Township. An agreement between the seller (Frost), buyer (DNR),
and the Grenier family to allow access by way of easement across the land purchased by the DNR to
property owned by the Greniers was part of the condition of County approval. The DNR gave an
easement to the seller with the intention that the seller would give an easement to the Greniers. The
seller has refused to give an easement to the Greniers. The County Attorney will follow up with the
DNR regarding this situation.
Bois de Sioux Watershed District Appointment
Motion by Rogness, second by Huebsch, and unanimously carried to reappoint Don Davenport to the
Bois de Sioux Watershed District Board to represent Otter Tail County. The reappointment is for a
three year term.
OTC Board of Commissioners' Minutes
May 17, 2011
Page 3
Planning Commission Recommendations
Conditional Use Permit -Future Generations LLC:
Motion by Johnson, second by Froemming, and unanimously carried to approve a Conditional Use
Permit for Future Generations LLC to reconfigure property to create a residential lot with the balance
of the property combined for a commercial storage structures operation. The CUP was approved as
presented. The property is described as Part of Lot 20 & all of Lots 21 -25 Blk 1 Palms of Lida First
Addition, Section 9 of Lida Township; Lake Lida (56-747), GD.
Conditional Use Permit -Jane Gilleland:
Motion by Froemming, second by Huebsch, and unanimously carried to deny, as recommended by
the Planning Commission, an After-the-Fact Conditional Use Permit to construct an additional 3 ft.
retaining wall to relieve pressure on the existing retaining wall and reduce the slope into the lake. The
work involved significant earthmoving within the shore impact zone. The Applicant must work with the
Land & Resource office regarding restoration. The property is located on Shirley Beach Lot 1, Section
22 of Amor Township; Otter Tail Lake (56-242), GD.
Conditional Use Permit -Jason Stowers:
Motion by Froemming, second by Huebsch, and unanimously carried to approve a Conditional Use
Permit for commercial purposes to sell motorcycles, ATV's, and cars with conditions as recommended
by the Planning Commission. The property is described as Pt of GL 4 (.96 AC) & Lots 1, 2 & 3 of
Empire 2nd Addn, Section 3 and Lot 1 Blk 1 River Ranch also described as Pt of GL 7, Section 4 of
Otter Tail Township; Otter Tail Lake (56-242), GD.
Conditional Use Permit -Wee Villa Resort LLLP Partnership:
Motion by Johnson, second by Rogness, and unanimously carried to approve a Conditional Use
Permit for installation of several new roofs on mobile homes as presented. The property is described
as Lot 4 ex trs, Section 14, Elizabeth Township; Long Lake (56-784), RD.
Conditional Use Permit-Kenneth Clambev Tst c/o Kathleen Truax:
Motion by Rogness, second by Huebsch, and unanimously carried to approve a Conditional Use
Permit to make road improvements as presented. The property is described as Fish Pt. Rd. (S½
NW¼ & NE¼ NW¼ ex ... 163 Ac), Section 11, Aurdal Township; Fish Lake (56-684), NE.
Conditional Use Permit -AJE Companies, Inc. Devin & Dawn Gode and Richard & Karen Grant:
Motion by Huebsch, second by Johnson, and unanimously carried to approve a Conditional Use
Permit to build frontage roads to serve lots on Buchanan Lake as presented. The property is
described as Pt GLs 1, 2, 3, 4 & 5 & Pt of NW¼ of NW¼, Section 2, Otter Tail Township; Buchanan
Lake (56-209), GD.
Conditional Use Permit-Rush Lake Tent-Trailer Park & John J. Sauer et al.'
Motion by Huebsch, second by Froemming, and unanimously carried to approve a Conditional Use
Permit to rock rip rap and fill due to high water with a condition as recommended by the Planning
Commission. The properties are described as Pt GL 1 & 2 & SE¼ & Pt GL 1, Section 29, Otto
Township; Rush Lake (56-141), GD.
OTC Board of Commissioners' Minutes
May 17, 2011
Page 4
Reclassification of Lakes
Discussion took place regarding the reclassification of some Otter Tail County lakes. Lots that were in
existence at the time of the reclassification of lakes on 01/01/2008 were not grandfathered in unless
the lot was pre-1971. This creates issues with placement of septic systems. Continued discussion
took place. County Attorney, David Hauser, stated that an amendment to the Sanitation Code
Ordinance will be required. He will provide proposed language at an upcoming Board meeting.
Sewage System Abatement Process
Land & Resource Director, Bill Kalar, submitted a map showing the schedule for the sewage system
abatement process. The map showed the areas inspected or to be inspected from CY2007 through
CY2015. Mr. Kalar discussed the abatement process and indicated that a pre-inspection letter will be
mailed to property owners prior to the inspections. Flooded properties with septic systems will be
reviewed on an individual basis.
RESOLUTION
Agency Agreement No. 98908
for Federal Participation in Advance Construction
for S.P. 056-090-007, M.P. STPX 5611 (227)
Otter Tail County Resolution No. 2011 -33
Commissioner Froemming offered the following and moved its adoption:
BE IT RESOLVED, that pursuant to Minnesota Statutes Section 161.36, the Commissioner of
Transportation be appointed as Agent of Otter Tail County to accept as its agent, federal aid funds
which may be made available for eligible transportation related projects.
BE IT FURTHER RESOLVED, the County Board Chair and The County Board Clerk are hereby
authorized and directed for and on behalf of the County of Otter Tail to execute and enter into an
agreement with the Commissioner of Transportation prescribing the terms and conditions of said
federal aid participation as set forth and contained in "Minnesota Department of Transportation
Agency Agreement No. 98908", a copy of which said agreement was before the County Board and
which is made a part hereof by reference.
Commissioner Rogness seconded the motion and upon being put to vote, the resolution was
unanimously adopted.
Adopted at Fergus Falls, Minnesota, this 17th day of May, 2011.
Dated ['I\~ d-4., o/,QII A D OF COMMISSIONERS
I
OTC Board of Commissioners' Minutes
May 17, 2011
Page 5
Notification of Potential Aquatic Management Area
DNR Area Fisheries Supervisor, Arlin Schalekamp, provided notification of a potential acquisition of
property to the DNR Fisheries for use as an Aquatic Management Area. Motion by Rogness, second
by Johnson, and unanimously carried to notify the DNR that the County Board is not encouraging
acquisition of this property at this time.
Bond Trust Services Agreement
Motion by Froemming, second by Huebsch, and unanimously carried to authorize the Chair's
signature on the agreement with Bond Trust Services Corporation for paying agent, registrar, and
transfer agent services related to the $10,475,000 General Obligation Disposal System Revenue
Bonds.
Exempt Permit Applications
Motion by Lindquist, second by Huebsch, and unanimously carried to approve, with no waiting period,
the following LG220 Applications for Exempt Permit:
• St James Catholic Church for an event scheduled Sunday, July 17, 2011 at St. James Catholic
Church located on County Highway 74
• Lake Region Hospital Foundation for an event scheduled Saturday, August 13, 2011 at Red
Horse Ranch Arena located on County Highway 10
License Applications
Motion by Froemming, second by Johnson, and unanimously carried to approve the following
applications for license:
Elks Point
20970 Elks Point Rd
Fergus Falls, MN 56537
Heislers Campground Pub
31870 County Highway 4
Vergas, MN 56587
Lakeside Market
28465 County Highway 145
Battle Lake, MN 56515
Madsen's Resort
27102 State Highway 78
Battle Lake, MN 56575
Oakwood Supper Club
47420 County Highway 16
Henning, MN 56551
Red Horse Ranch Arena
22671 County Highway 10
Fergus Falls, MN 56572
On Sale Liquor and Sunday Liquor
Seasonal
(subject to township approval)
On/Off Sale 3.2 Malt Liquor
Off Sale 3.2 Malt Liquor
On/Off Sale 3.2 Malt Liquor
On Sale Liquor and Sunday Liquor
June 20 -June 30, 2011
July 1, 2011 -June 30, 2012
On Sale Liquor and Sunday Liquor
Underwood Quik -Stop Off Sale 3.2 Malt Liquor
29346 State Highway 210
Underwood, MN 56586
(These licenses are subject to the approval of the County Attorney and County Sheriff offices.)
OTC Board of Commissioners' Minutes
May 17, 2011
Page 6
Date
(4)
08/10/09
TAX FORFEITED LAND SALE RESOLUTION
Otter Tail County Resolution No. 2011 -32
Woodside Townshio
PID Property Address Value
Legal Description
62-000-21-0172-000 (786) Appraised
Specials After Forfeiture
From Tax Rolls Timber -
Section 21 Township 132 Range 36 BEG 2 Basic Sale Price
RDS E OF NW COR OF NW1/4 SE ¼
THEN W 2 RDS S 2 RDS NE TO BEG. (.01
of an acre)
From Book 309 Page 333 -
Beginning at a point two (2) rods due east
from the northwest corner of the Northwest
Quarter of the Southeast Quarter (NW¼ of
SE¼) of Section Twenty-one (21) Township
One Hundred Thirty-two (132~ North, Range
Thirty-six (36) West of the 5' PM., thence
running west two (2) rods, thence south two
(2) rods, thence northeasterly to the point of
beginning, containing five hundred forty-four
(544) square feet
Commissioner Johnson offered the following and moved its adoption:
Assessments
Before
Forfeiture
$100.00 0 00
0.00
0.00
$100.00
BE IT RESOLVED, by the Board of County Commissioners of Otter Tail County, Minnesota, that the
parcel of tax-forfeited land listed above has been and is hereby classified as non-conservation land;
that the basic sale price of the parcel stated above, be approved and authorization for a private sale to
adjacent landowners of the above reference land be granted, pursuant to the Minnesota Statute 282;
that the sale will be held beginning at 9:00 A.M. on Friday, June 24, 2011, by the Otter Tail County
Auditor in the Otter Tail County Auditor's office in the Government Services Center for not less than
the basic sale price; and that the sale shall be for full cash payment per the terms as set forth in the
Notice of Private Sale of Tax Forfeited Land to Adjacent Owners.
Commissioner Froemming seconded the motion and upon being put to vote, the resolution was
adopted as follow:
County of Otter Tail
Board of Commissioners
Doug Huebsch
Wayne D. Johnson
John Lindquist
Roger Froemming
Leland R. Rogness
YEA
X
X
X
X
X
Other
Adopted on May 17, 2011
Dated: ----'-'[D'--"4-'d""",1,,,.....J,.""--'4,-, .,,,.a,""0""1..,_1 __
Attest: <~ ~ Larryl<ron, cirk
OTC Board of Commissioners' Minutes
May 17, 2011
Page 7
OF COMMISSIONERS .,.
County Drainage System Updates
Countv Ditch #63:
Houston Engineer, Jeff Langan, discussed County Ditch #63 with the Board. There appears to be a
repair required but repairing the Ditch System with the benefits (land value) that exist may not be
possible. Mr. Langan will look at County Ditch #63 to review if the high water on CR 118 could be
reduced by petitioning into Ditch #63. The Highway Department could restore the Ditch System if it is
less expensive than building up CR 118 or pumping water out of the flooded area threatening to
compromise the road.
Countv Ditch # 70:
Mr. Langan looked at County Ditch #70 and will need to obtain survey information. After receiving the
survey data, Mr. Langan will complete a hydraulic model to determine if it is functioning as originally
designed.
Countv Ditch #37:
Mr. Langan provided a map and a Preliminary Hydraulic Analysis of County Ditch #37. He briefed the
Board on the process used to complete the analysis and summary conclusions. Motion by Rogness,
second by Johnson, and unanimously carried to accept Otter Tail County Ditch No. 37 Ditch Repair
Review/Analysis dated May 16, 2011 from Houston Engineering, Inc. which recommends that an
improvement in the ditch system will be needed to reduce water upstream. An improvement requires
a petition from the benefactors.
Countv Ditch #16:
Mr. Langan briefed the Board on final work to be completed on County Ditch #16. He stated that
repair work that has been completed facilitates consistent flow as originally designed.
County Relay for Life Team
Motion by Froemming, second by Johnson, and unanimously carried to approve fund raising by the
Otter Tail County Relay for Life Team. The motion also encouraged employees to look into a local
fund raiser for our community institutions.
Adjournment
At 12:43 p.m., Chairman Lindquist adjourned the meeting of the Otter Tail County Board of
Commissioners until 6:00 p.m. on Tuesday, May 24, 2011.
Dated (Y\Q..uefcl,.t.\, a,o 11 OTTER TA/YCOU~TY f3?).RD OF SOMMISSIONERS
By. ot\w ~J) u.,
n Lindquist, Board of C
CB/kd
OTC Board of Commissioners' Minutes
May 17, 2011
Attachment A, Page 1
WARRANTS APPROVED ON 5/17/2011 FOR PAYMENT 5/17/2011
VENDOR NAME
A'VIANDS LLC
AGGREGATE INDUSTRIES MIDWEST
AMERICAN WELDING & GAS INC
JORDAN ANDERSON
BRIAN ARMSTRONG
ARVIG COMMUNICATION SYSTEMS
ATCO INTERNATIONAL
AUTO VALUE FERGUS FALLS
SCOTT BACKSTROM
BANK OF THE WEST
BEYER BODY SHOP INC
BOBCAT OF OTTER TAIL COUNTY
BRANDON COMMUNICATIONS INC
CERTIFIED AUTO REPAIR
CHRISTENSEN CONSTRUCTION
CIT TECHNOLOGY FIN SERV INC
CO OP SERVICES INC
CODE 4 SERVICES LLC
CONCEPT CATERING
COOPERS TECHNOLOGY GROUP
CULLIGAN WATER COND
D & T VENTURES LLC
DACOTAH PAPER COMPANY
DALTON SPORTS AND REPAIR
DENZEL'S REGION WASTE INC
DESIGN ELECTRONICS
EAST OTTER TAIL FOCUS
VAN ELLIG
FARGO GLASS AND PAINT CO
FARMERS CO OP OIL ASSN
FARNAM TIRE CENTER
FARNAM'S GENUINE PARTS INC
FARNAM'S GENUINE PARTS INC PR
FERGUS FALLS DAILY JOURNAL
FERGUS POWER PUMP INC
FERGUS TIRE CENTER
MICHAEL FIEDLER
FSH COMMUNICATIONS LLC
GALLS AN ARAMARK COMPANY
GE CAPITAL (CA)
GOPHER STATE ONE CALL
HAWES SEPTIC TANK PUMPING
HEALTHCARE ENVIRONMENTAL SERVI
HENNING AUTO PARTS INC
HENNING HARDWARE
SANDY HOLO
INDEPENDENT EMERGENCY SERVICES
INNOVATIVE OFFICE SOLUTIONS
KADRMAS LEE & JACKSON INC
LAKELAND MENTAL HEALTH CENTER
LAKES AREA COOPERATIVE
LAKEWAY MARKET LLC
LARRY OTT INC TRUCK SERVICE
MARK AND BRENDA CONSTRUCTION I
GEORGE MEYER
MN CO GIS ASSOCIATION
AMOUNT
6,751.41
2,108.36
182.09
90.00
197.88
200.00
270.00
24.57
36.72
70.66
646.63
23.32
1,057.65
46.68
15,669.24
190.53
1,889.85
1,028.23
160.31
295.67
117.74
739.00
253.69
12.00
267.16
42.73
91.50
1,921.50
468.08
1,443.30
30.00
403.61
35.65
5,591.08
450.00
743.56
150.00
64.13
107.83
396.77
35.45
75.00
29.10
165.66
123.71
125.46
64.22
646.67
18,336.37
246.00
855.37
2,862.79
675.00
815.00
38.25
100.00
OTC Board of Commissioners' Minutes
May 17, 2011
Attachment A, Page 2
MN OFFICE OF ENTERPRISE TECH NO
MN SHERIFFS' ASSOCIATION
KURT MORTENSON
MOTOROLA
NELSON AUTO CENTER
NESS BACKHOE SERVICE
NORTHERN STATES SUPPLY INC
O'REILLY AUTOMOTIVE INC
OLSEN COMPANIES
OTTER TAIL CO EMPLOYEES COMMIT 795.58
OTTERTAIL AG SERVICE LLC
OTTERTAIL TRUCKING INC
OVERLAND MECHANICAL SERVICES
PAMIDA PHARMACY
PARK REGION CO OP
PETE'S AMOCO
PINE PLAZA TV APPLIANCE
PREMIUM WATERS INC
PRO AG FARMERS CO OP
PRODUCTIVE ALTERNATIVES INC
PROTECTION SYSTEMS INC
QUALITY TOYOTA
QUICK'S NAPA AUTO PARTS
RDO TRUCK CENTERS
RDO TRUST #80-6130
REED REINBOLD
REVIEW ENTERPRISES INC
SEEBA'S SHOP
SHULTZ & ASSOCIATES LTD
SIMPLEXGRINNELL LP
SOUTHTOWN OF PELICAN RAPIDS IN
STANDARD PARTS OF WADENA
STEINS INC
STEVE'S SANITATION INC
STRAND HARDWARE & RADIO SHACK
STRATEGIC EQUIPMENT AND SUPPLY
STREICHERS
SWINGSAFE MAILBOX SUPPORT LLC
TOSHIBA BUSINESS SOLUTIONS USA
ULTIMATE AUTO REPAIR-AUTO SAFE
VICTOR LUNDEEN COMPANY
VOSS LIGHTING
WALLWORK TRUCK CENTER
WASTE MANAGEMENT
WEETOWN OUTPOST
WENCK ASSOCIATES INC
ZIEGLER INC
•••• FINAL TOTAL ..
1,200.00
50.00
45.39
5,772.27
120.84
120.00
411.92
228.30
232.93
400.00
7,414.00
1,701.00
4,678.52
244.34
665.05
121.77
33.34
1,643.85
66.26
331.31
116.55
95.03
229.59
168.06
59.40
66.15
50.00
31,092.53
361.24
673.62
80.71
2,703.73
46.80
80.34
528.72
735.18
4,291.00
70.80
474.61
650.23
27.57
1,331.19
10,940.83
10.00
17,757.14
1,024.23
$169,405.10 ....