HomeMy WebLinkAboutBoard of Commissioners - Minutes - 07/17/2012-.
MINUTES OF THE
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Government Services Center, Commissioners' Room
515 W. Fir Avenue, Fergus Falls, MN
July 17, 2012
8:30 a.m.
Call to Order
The Otter Tail County Board of Commissioners convened Tuesday, July 17, 2012 at 8:30 a.m., at the Otter
Tail County Government Services Center in Fergus Falls, MN, with Commissioners Lee Rogness, Chair;
Doug Huebsch, Vice-Chair; Wayne Johnson, John Lindquist, and Roger Froemming present.
Approval of Agenda
Chairman Rogness called for approval of the July 17, 2012 agenda. Motion by Johnson, second by
Lindquist. and unanimously carried to approve the Board of Commissioners agenda of July 17, 2012 with
the following additions:
10:15 a.m. -Public Health Director Agenda Items
Closed Session for Labor Negotiation Strategies
Commissioner Froemming -Phelps Mill Festival
Approval of Minutes
Motion by Huebsch, second by Johnson, and unanimously carried to approve the Board of Commissioners
meeting minutes of July 10, 2012 with modifications as presented.
Approval to Pay Bills
Motion by FroJmming, second by Johnson, and unanimously carried to approve payment of the County
Board bills per Attachment A of these minutes.
Presentation and Tour of Permeable Pavers
Discussion took place regarding the scheduled presentation by Hebron Brick & Block regarding permeable
pavers at the Cormorant Inn. Motion by Froemming, second by Lindquist, and unanimously carried to
send two Commissioners as representatives of the Otter Tail County Board.
60 Bed CD Facility Update
Jon Pauna, from Interstate Engineering, presented a Geotechnical Evaluation Report from Braun lntertec
(Project FA-12-01938) and Topographic Survey for the 60 Bed CD Facility. Mr. Pauna explained the
drainage and frost heave issues primarily on the Northwest corner of the 60 Bed Facility site. Discussion
took place regarding the work to reduce the water table on the Northwest portion of the site, rebuild the
fence, excavate to reduce the grade, and put in drainage trenches to move surface water away from the
building and prevent movement of sidewalks and stoops. Motion by Huebsch, second by Johnson, and
unanimously carried to accept the Engineer's Report and authorize the bidding process with an alternate
option of completing the project next spring (completion date July 1, 2013) rather than this fall.
INTENT TO ESTABLISH MARION LAKE IMPROVEMENT DISTRICT
Otter Tail County Resolution No. 2012 -44
Request by the Marion Lake Association, the Marion Lake Improvement District Committee to the County
Commissioners of Otter Tail County, Minnesota, to establish the Marion Lake Improvement District by
Resolution of the Otter Tail County Board of Commissioners.
OTC Board of Commissioners' Minutes
July 17, 2012
Page 2
WHEREAS, Minnesota Law pervades that in order to preserve and protect the State of Minnesota and to
increase and enhance the use and enjoyment of its lakes, it is in the public interest that there be
established a statewide lake improvement program to preserve, protect, and improve the quality of lakes;
and
WHEREAS, Minnesota Law permits the creation of lake improvement districts initiated by the request and
upon resolution by the County Board, and
WHEREAS, the Otter Tail County Board of Commissioners has received a request from the Marion Lake
Association and the Marion Lake LID Committee who have reported that more than fifty percent of the
property within the boundaries of the proposed lake improvement district are in support of its
establishment, and copies of documents of support of the creation are on record with the County Auditor,
and
WHEREAS, the Marion Lake Improvement District has submitted a request to Otter Tail County to
establish an improvement district to address maintaining and improving lake quality; lake management;
lake monitoring; prevent, treat, and control any aquatic invasive species, and provide related services to
Marion Lake, and
WHEREAS, there are no immediate problems identified forcing the creation of a lake improvement district,
but this creation follows the intent of the legislation to be pro-active in creating tools to deal with problems
before they arrive and insure the immediate and effective remedies are achievable for lake issues, and
WHEREAS, the public access on the South East corner of Marion Lake, owned and operated by the
Department of Natural Resources, was recently upgraded and additional exposure to invasive species is
possible, and
WHEREAS, a map showing the boundaries of the proposed district, the number and location of permanent
homes and seasonal dwellings with riparian rights, the scale and basic geographical information is on
record with the County Auditor, and
WHEREAS, there are proposed to be seven directors for the district, and
WHEREAS, there is no surface water ordinance regulating Marion Lake, but the Otter Tail County
Shoreland Management Ordinance, copies of which are available at the County's Office of Land
Management, regulates the shoreline including the public access, and
WHEREAS, The proposed district has an Estimated Market Value, of $63,589,900 (Land-$41,311,500 and
Buildings-$22,278,400) and a Net Tax Capacity of $632,574; and
WHEREAS, all documentation mentioned herein on record with the County is available for review on the
County's website: www.co.ottertail.mn.us
NOW, THEREFORE, IT IS HEREBY RESOLVED that the Otter Tail County Board of Commissioners
hereby declares its intent to establish the Marion Lake Improvement District.
1. The name of the proposed Lake Improvement District shall be: MARION LAKE IMPROVEMENT
DISTRICT
OTC Board of Commissioners' Minutes
July 17, 2012
Page 3
2. The boundaries of the proposed lake improvement district shall include all parcels with riparian
rights, or any portion of property within seventy-five feet of the lake including the man-made
channel, or have deeded access to Marion Lake. As the use of agricultural lands within a one
thousand foot boundary of the district changes to non-agricultural use, the district may, by
confirming the change of use to the County Auditor and Assessor, and by notifying the owner of the
property and administrator of the Otter Tail County Department of Land and Resource
Management include those formerly agricultural lands in the district.
3. The water and related land resource management programs to be undertaken by the District
include and project to preserve, improve, or enhance the water quality of Marion Lake, to include
but are:not limited to:
• 'Prevent, control, and/or eradicate any non-native aquatic invasive species;
• 'Maintain and support water quality sampling/testing, including lab expenses;
• Maintain and support lake quality through the volunteer lake monitoring plan to detect
invasive species;
• Promote and support DNR Public Access assistance, inspections, and water craft
compliance;
• , Promote and maintain education and communication with district members;
• , Receive financial assistance from and participate in projects or enter into contracts with
'federal and state agencies for the study and treatment of water pollution problems, invasive
species, and related demonstration programs;
• · Undertake research to determine the condition and development of the body of water
included within the district in cooperation with the Department of Natural Resources, The
Minnesota Pollution Control Agency and other interested authorities;
• Enter into cooperative agreements with the Federal or State government or other county or
: city governments to maintain water quality and level, or other land resource programs;
• · Conduct programs of water improvement and conservation;
• Serve as a local sponsor for state and federal projects or grants;
• Cooperate with all agencies regarding lake water level as deemed necessary and
. reasonable;
• Complete goals identified in the MUD bylaws and/or updated lake management plan;
• Other such programs, plans, studies, developments, or implementations as are allowed or
permitted by law, and approved by the County Board from time to time.
4. The Otter Tail County Board may delegate to the Marion Lake Improvement District pursuant to
Minnesota Statute 103B.551, Subd. 3 authority to:
(a) acquire by gift or purchase an existing dam or control works that affects the level of
' waters in the district;
(b) construct and operate water control structures that are approved by the
commissioner of natural resources under section 103G.245;
(c) undertake projects to change the course current or cross section of public waters
that are approved by the commissioner of natural resources under section
103G.245;
OTC Board of Commissioners' Minutes
July 17, 2012
Page 4
(d) acquire property, equipment, or other facilities, by gift or purchase to improve
navigation;
(e) contract with a board of managers of a watershed district within the lake
improvement district or the board of supervisors of a soil and water conservation
district within the district for improvements under chapters 103C and 103D;
(f) undertake research to determine the condition and development of the body of
water and the water entering it and to transmit the results of the studies to the
Pollution Control Agency and other interested authorities;
(g) develop and implement a comprehensive plan to eliminate water pollution;
(h) conduct a program of water improvement and conservation;
(i) construct a water, sewer, or water and sewer system in the manner provided by
section 444.075 or other applicable laws;
U) receive financial assistance from and participate in projects or enter into contracts
with federal and state agencies for the study and treatment of pollution problems
and related demonstration programs;
(k) make cooperative agreements with the United States or State government or other
counties or cities to effectuate water and related land resource programs;
(I) maintain public beaches, public docks, and other public facilities for access to the
body of water;
(m) provide and finance a government service of the county or statutory or home rule
city that is not provided throughout the county or, if the government service is
provided, the service is at an increased level within the district; and
(n) regulate water surface use as provided in sections 86B.205, 103G.605, and
103G.621.
5. Funding for the Lake Improvement District shall be as follows:
(a) Start-up funding will be provided by the Marion Lake Association.
(b) The Marion Lake Improvement District annual service fee will be fifty dollars for the initial
two years of operation to all members of the district and thereafter the fee and any
additional funding to be set by the board of directors (Minnesota Statute 428A.05 Chapter
429).
(c) Marion Lake Improvement District activities may further be funded by the following:
(1) Accessing the costs of the projects upon benefited property within the district in
the manner provided under chapter 429;
(2) Imposing service charges on the users of lake improvement district services
within the district;
(3) Issuing obligations as provided in section 429.091;
(4) Levying an ad valorem tax solely on property within the lake improvement
district, to be appropriated and expended solely on projects of special benefit to
the district; or
(5) Imposing or issuing any combination of service charges, special assessments,
obligations, and taxes.
OTC Board of Commissioners' Minutes
July 17, 2012
Page 5
6. The Administrator of the Otter Tail County Department of Land and Resource Management shall
be responsible for supervising the programs of the district
Upon the motion of Commissioner Huebsch and seconded by Commissioner Lindquist, the Otter Tail
County Board of Commissioners passes the foregoing resolution on a unanimous vote. The motion
includes the establishment of a Public Hearing for the proposed Marion Lake LID at 7:00 p.m. on Monday,
August 20, 2012 at the Ottertail Operations Center, 469 Main Street W., Ottertail, MN 56571.
'
Adopted at Fergus Falls, Minnesota, this 17th day of July, 2012
::TERTA~J~✓ONERS
Leland R. Rogness, Board ommissioners Chair Attest: /P-ut, ,< jJ
-L-a-rry-KK-+rlii-hn~(~'+"'-le-rk~~--
Recess & Reconvene
At 9:20 a.m., Chairman Rogness declared the meeting of the Otter Tail County Board of Commissioners
recessed for a short break. The meeting was reconvened at 9:28 a.m.
Facilities Operations Construction Projects
Motion by Johnson, second by Froemming, and unanimously carried to approve deduction Change Order
No. 1, in the amount of (-$976.00), for Overland Mechanical for the Otter Tail County GSC Chiller
Replacement project (no. 1114).
Motion by Huebsch, second by Johnson, and unanimously carried to approve Final Payment, in the
amount of $11,786.00, to Overland Mechanical Services of Fergus Falls, MN for completion of the Chiller
Replacement project (#1114).
Phelps Mill Festival
Motion by Froemming, second by Huebsch and unanimously carried to extend a sincere "THANK YOU" to
Teresa Brause, Festival Manager for the past 17 years. Commissioner Froemming reported that the
Phelps Mill Festival was again, a huge success with over 100 artists displaying their craft. Mr. Froemming
also requested new playground equipment which will be worked into the Public Works Division budget.
Otter Tail Family Services Collaborative
Motion by Huebsch, second by Johnson, and unanimously carried to authorize payment to the Otter Tail
Family Services Collaborative, in the amount $300, for the overall County partnership fee for FY2012/13.
Highway Contract
Motion by Froemming, second by Lindquist, and unanimously carried to authorize the appropriate County
Officials' signatures to execute a Highway Construction Contract between the County of Otter Tail and
Swingen Consiruction Co. of Grand Forks, ND for S.P. 056-072-004, CSAH 72 Bridge No. 56538 over the
Otter Tail River. This approval is subject to the approval of the County Attorney.
Drainage Systems
County Ditch #70:
Motion by Lindquist, second by Johnson, and unanimously carried to schedule a Public Informational
Meeting for County Ditch #70 at 7:00 p.m. on Monday, August 13, 2012 in the County Board room at the
Government Services Center in Fergus Falls, MN.
OTC Board of Commissioners' Minutes
July 17, 2012
Page 6
County Ditch #63:
Motion by Johnson, second by Froemming, and unanimously carried to schedule a Public Informational
Meeting for County Ditch #63 at 7:00 p.m. on Wednesday, August 15, 2012 in the County Board room at
the Government Services Center in Fergus Falls, MN.
County Ditch #25:
Discussion took place regarding; 1) basis to establish an outlet fee to Ditch #25, 2) redetermination of
benefits for Ditch #25 and additional benefited area, and 3) consideration of a bond for the project. County
staff will provide written materials for this July 24, 2012 agenda item.
Emergency Preparedness Grant Contract . .
Motion by Johnson, second by f:roemming, and unanimously carried to authorize the appropriate County
Officials' signatures to execute a· Grant Contract between the County of Otter Tail and the Minnesota
Department of Health for the allocation of federal funds, in the amount of $39,632.00, for the period of
August 10, 2012 through June 30, 2013. The grant dollars are to be used to demonstrate sustainable
progress toward public health preparedness.
Robert Wood Johnson Foundation Grant Opportunity
Motion by Huebsch, second by Froemming, and unanimously carried to submit a letter of support for the
Minnesota Department of Health proposal to participate as a Level 2 partner to apply for funding from the
Robert Wood Johnson Foundation for cross jurisdictional planning efforts. The Becker, Clay, Otter Tail,
Wilkin PartnerSHIP4Health may also pursue an application for this funding. Diane Thorson, Public Health
Director and Commissioner Douglas Huebsch are designated to prepare and sign the required letters of
support for the application(s).
PartnerSHIP4Health-SHIP Grant
Ms. Thorson reported that Commissioner Huebsch has been selected to serve on the Commissioner of
Health appointed Statewide Leadership Team to address implementation issues related to the federal
Community Transformation Grant funding received in the state and in Otter Tail County's project ($200,000
per year for five years). Mr. Huebsch represents the interest of County Commissioners and businesses as
a farmer.
Recess & Reconvene
At 10:36 a.m., Chairman Rogness declared the meeting of the Otter Tail County Board of Commissioners
recessed for a short break. The meeting was reconvened at 10:43 a.m.
Closed to the Public
Chairman Rogness declared the meeting of the Otter Tail County Board of Commissioners closed to the
public for purposes of discussing labor negotiation strategies regarding the Human Services, Nurses, and
Government Services Technical unions. Present were all five seated Commissioners, County Attorney,
County Administrator, and Board Secretary. At 11 :04 a.m., Chairman Rogness opened the meeting to the
public.
Planning Commission Recommendations
Conditional Use Permit -Dalton Association LLP, John E. Fullerton:
Motion by Johnson, second by Lindquist, and unanimously carried to deny a Conditional Use Permit
request to pipe water from Unnamed Lake to a culvert into Ten Mile Lake for the reasons as stated in the
July 11, 2012 Planning Commission minutes. The project is located at Lot 3 ex S 40 AC & GL 2 ex trs
(65.80 AC), Section 29 of Tumuli Township; Unnamed Lake (56-612), NE & Ten Mile Lake (56-613), RD.
Preliminary Plat -"West McDonald Sandy Hi/1''/Jon & Elaine Lindgren:
OTC Board of Commissioners' Minutes
July 17, 2012
Page 7
Motion by Lindquist, second by Froemming and carried with Johnson abstaining, to approve the
Preliminary Plat of Jon & Elaine Lindgren entitled "West McDonald Sandy Hill" consisting of two back lots
as presented. The project is located in Pt of the SE¼ SE¼ (7.51 AC), Section 23 of Dora Township; West
McDonald Lake (56-386), RD.
Conditional Use Permit-Westby Farms LLP:
Motion by Joh0son, second by Froemming, and unanimously carried to approve a Conditional Use Permit
to operate a beauty salon as presented including the additional request to be open on Saturday and
expand the ho:urs to 7:00 p.m. Monday through Friday. The proposal is located on E½ SE¼ (80 AC),
Section 7 of Maplewood Township; Unnamed Lake (56-720), NE.
Conditional Use Permit -Eugene J. & Janet Wiley Tsts:
Motion by Lindquist, second by Johnson, and unanimously carried to approve a Conditional Use Permit for
a driveway project as presented. The project is located in Pt of GL 3 (5.93 AC) & Sub Lots 1 & 2 of GL 4
ex trs & GL 3 ex trs, (45.55 AC), Section 34 of Tordenskjold Township; Stalker Lake (56-437), RD.
Conditional Use Permit -Timberline Properties:
Motion by Lindquist, second by Johnson, and unanimously carried to accept the withdrawal of the
application and approve a refund of the application fee, for a Conditional Use Permit for the Timberline
Properties' project because it was determined that a CUP is not necessary for this project as it should go
through the County Ditch process. The project is located in all GLS 4, 5, 7 & 8, NW¼ SE¼ & PT GLS 2 &
3 & Sublots D, K, L & H & M (244.59 AC), Section 22 of Elizabeth Township; Devils Lake (56-882), NE &
Mason Lake (56-879), NE.
Conditional Use Permit -Alan & Barbara Syverson:
Motion by Froemming, second by Huebsch, and unanimously carried to approve a Conditional Use Permit
to fill in a low portion of a driveway as presented. The project is located in Maple Acres Lot 6 Blk 2 & vac
rd adj and Lot 5 Blk 3, Section 34 of Girard Township; Stuart Lake (56-191), RD.
Conditional Use Permit-Mike & Laural Blaskowski:
Motion by Froemming, second by Johnson, and unanimously carried to approve a Conditional Use Permit
to reopen a general store as presented. The project is located at Old Town Acres Lot 2 Blk 1, Section 12
of Clitherall Township; Clitherall Lake (56-238), RD.
Adjournment
At 11 :27 a.m., Chairman Rogness declared the meeting of the Otter Tail County Board of Commissioners
adjourned for committee meetings until 8:30 a.m. on Tuesday, July 24, 2012.
Dated: _.....,o_,_,._J rl.,_-..,=µ/-e~ ... LoL ...... __ OM MISSIONERS
Attest: A~~ Larry Kr n,lerk
Commissioners Chair
CB/kd
OTC Board of Commissioners' Minutes
July 17, 2012
Attachment A, Page 1
WARRANTS APPROVED ON 07/17/2012 FOR PAYMENT
Vendor Name
3 A IT PL.\Z.'\
. .\BG Maintenance Inc
. .\BRA :MN FERGl'.S FALIS
.-\ramark
.'\ssoeiated Bag Compan,·
Ballard Sarutation Inc
Battle Lale Auto Pai1s
Ben Holzer Unlimited
B€wr Bod,· Shop Inc
Bm .ER/RODNEY
Brandon CommunJcations Inc
Braun Vending Inc
BUREAU OF CRN APPREHENSIOK
Carolina Sofl'ware
Certified Auto Repair
CO OP Sen ices Inc
Code 4 Sen ices UC
Colllill!ssioner Of Transponation
Comstock ConstructJon Of Mn
Coo!)€rs Technolog1· Group
CUlligan
Clll.IG.-\..l'-i OF \\'AD!c\'A
D & T \'entures UC
Dacotah Paper Company
Dan's Tm,ing & Repair
D.'\ Vl:'S AUTOBODY & TOWING
DE-\..'\'S AL'TO BODY
Denzel's Region Waste Inc
Dick's Standard
East Otter Tall Focus
Ellingson Brenden Post 3 ~6
Essentla Health
Ewrgreen Lawn Care
E\'e11S Lwnber Co
F J.I Forklift Sales & Sen ice Inc
FAJL'l.>J.fS GENuTh'E PARTS INC
Fergus Falls Dail,· Journal
Fergus Power Pump Inc
Fergus Tire Center
Fortwengler ElectJic Inc
Fremont IndustJies Inc
Frontier Precision Inc
Amount
8000
171.00
2,551 51
130,83
110 62
557.00
33.16
66.88
849 .. 66
245,43
17,23255
803.37
2,070.00
400 00
992 80
333.65
10. 778.35
5,515 56
260,805.33
719.42
39.96
56.28
1,089 00
455.34
96.38
249.63
100.98
187.20
147.38
95 40
200.00
30.00
96.19
61.98
239.07
67,18
723.11
6,380.00
1,446.36
95.25
47 63
537.85
OTC Board of Commissioners' Minutes
July 17, 2012
Attachment A, Page 2
Vendor Name
GAi.LSi.LC
GIL\IORE WEIK POST 5252
HAROLD T SWENSON POST 612
Henning Hardware
Hlldl Inc
HOFF /MARL·\ND
Honeywell
Horsley Specialties Inc
INDEPENDENT EMERGENCY SER.v1CES
Independent News Herald
J C's General Store
JOBSHO
.:an·onen & Son Funeral Home
Knutson Elecnic Rebuilding
Knutson,/J.Jm
Lake Region Dental Center
Lake Region Healthcare Corp
Larry Ott Inc Truck Sernce
LarsoniDonald
Larson/Paul
l.EE/IHOMAS
Little Bear Towing
Locators & Supphes Inc
M· R Sign Company Inc.
MAAO
MAAP
MANN/RANDALi.
MAPPJNG SOLUTIONS
MARCO
Marjon Ptinters Inc
Marks Fleet Supply Inc
MCCCMJ 33
Mccollough Welding
Mend Correctional Care I.LC
Midwe<>t Ptinting Co
Midwest Testing Laboratory
Minnkota
MN Motor Company
Mn Pollution Control Agencr
MPCA
NAPA Central MN
Napa Fergus Falls
Amount
118.87
200.00
200.00
302.06
920.00
1.705.00
3,487.50
56,250.00
64.22
76.50
13.88
48.75
385.00
218.79
115.96
94.00
12,442.61
1,595.00
159.95
332.63
328.19
224.44
731.29
10,955.82
845.00
85.00
204 92
150.00
570.19
83.25
50.04
14,712.49
321.69
7.458.33
91.27
439.75
54.00
112.23
240.00
800.00
246.22
38.77
Vendor Name
NAPA Of Perham
Narures Garden World
Nelson Auto Center
North Central UK
Northern Safon· Technology Inc
Northwest Diwrs
Officema, Incorporated
Olson Oil Co Inc
Otter Elecnic LLC
Oner Tail Power Companr
Onertail Trucking Inc
Owrland Mechamcal Senices
Park Region Co Op
Parkers Prairie/Cit\' Of
Pebble Lake Auto Repair
Pelican Rapids Press
Penrose Oil C ompanr
Pl>rham Resource Reco\·e1y Facilin·
Pe1e·s Bodr Shop & Towmg
Postmaster
Powerplan OIB
Pra.'l:air Disnibution Inc
PRH
Pro .\g Farmers Co Op
PSS WORID MEDICAL INC
Quick' s Napa Auto Parts
RDO Truck Centers
Reliable Office Suppbes
Renewable Resource Consultants LLC
Re,1ew Enterprises Inc
SW.Inc
SCHIERER/STE\'E
Scott Hofland Construction Inc
Sen ice Food Super \'alu
Sherbrooke Turf Inc
SHULTZ & ASSOCUTES LTD
Sigelman Steel & Recycbng Inc
Simengaard/Paul
SOT . .\
StadumiDand
Steins Inc
Ste,·e· s Samtanon Inc
OTC Board of Commissioners' Minutes
July 17, 2012
Attachment A, Page 3
Amount
8 97
34. 15
2.196.94
309 94
148.94
688.00
88.46
1,306.58
99.66
7,104.94
15,804.00
239.80
196 10
325 00
527 .50
82.23
781. 7 4
124,076 80
224 44
100 00
972.38
5'10 60
55 00
109.17
616.25
3 78
1,045 19
73. 31
51,318.66
205.82
950.00
270.47
6.275 00
1844
1,000.00
14.916 06
121 30
39 85
175.00
38 33
26.29
7,685.80
OTC Board of Commissioners' Minutes
July 17, 2012
Attachment A, Page 4
vendor Name
Strand Hardware & Radio Shack
Super Septic & E.xcarntion
Swanston Equipment Corp
TAPAUl.J.: COMMUNICATIONS LLC
ThyssenKrupp Ele\ ,nor Corporation
Toshiba Business Solutions USA
Vergas Hardware
Victor Lundeen Company
Visual Go\· Solutions Uc
Wadena Asphalt Inc
Wallwork Truck Center
Waste Management
Weller Oil Co
Wenck Assoaates Inc
West Pa\ment Center
Western Area City Co Cooperati\•e
Ziegler Inc
Final Total:
Amount
62.73
102.19
14,740.87
372.28
945.99
80.81
32.84
242.20
715.50
623.08
257.68
20,533 59
289.25
58,529.52
20865
5,000.00
1,611 35
779,596.32