HomeMy WebLinkAboutBoard of Commissioners - Minutes - 07/24/2012MINUTES OF THE
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Government Services Center, Commissioners' Room
515 W. Fir Avenue, Fergus Falls, MN
July 24, 2012
8:30 a.m.
Call to Order
The Otter Tail County Board of Commissioners convened Tuesday, July 24, 2012 at
8:31 a.m., al 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 24, 2012 agenda. Motion by
Froemming, second by Lindquist, and unanimously carried to approve the Board of
Commissioners agenda of July 24, 2012 with the addition of an Investment Committee
meeting at 12:30 p.m.
Approval of Minutes
Motion by Lindquist, second by Johnson, and unanimously carried to approve the Board
of Commissioners meeting minutes of July 17, 2012 as presented.
Approval to Pay Bills
Motion by Huebsch, second by Froemming, and unanimously carried to approve
payment of the County Board bills per Attachment A of these minutes
Payment Approval
Motion by Froemming, second by Lindquist and unanimously carried to approve
payment in the amount of $2,540.00 to Christensen Construction for work completed on
County Drainage System No. 5.
Tobacco License Approval
Motion by Froemming, second by Huebsch and unanimously carried to approve the
following application for license:
Lakes Area Coop/Battle Lake
36879 State Highway 210 W
Battle Lake MN 56512
Tobacco
Credit Card Request
Motion by Lindquist, second by Johnson and unanimously carried to authorize the
issuance, as requested by John Dinsmore, Community Services Division Director, an Otter
Tail County Credit Card with a single purchase limit of $500.00 and a 30 day limit not to
exceed $1,000.00 to Nicole J. Lee, Social Worker in the Human Services Department.
OTC Board of Commissioners' Minutes
July 24, 2012
Page 2
Payment Approval
Motion by Huebsch, second by Froemming and unanimously carried to approve
payment as detailed below to Kadrmas, Lee & Jackson, Inc. for engineering services for
the Historic Phelps Mill Bridge Restoration Project:
Invoice No. 150356 dated June 27, 2012 for Construction Engineering Services in the
amount of $4,241 .20
Invoice No. 150361 dated June 27, 2012 for Design Engineering Services in the amount of
$1,325.18
Invoice No. 150691 dated July 2, 2012 for Construction Engineering Services in the
amount of $7,799.56
Total -$13,365.94
Correction of Plat
Motion by Johnson, second by Lindquist and unanimously carried, to approve, as
prepared by Glenn Howe, Professional Land Surveyor -Minnesota License No. 17825, the
following Land Surveyor's Certificate of Correction to Plat:
North Star Beach (Section 28 -Dunn Township)
Canvassing Board
Motion by Johnson, second by Lindquist and unanimously carried, to canvass the
Tuesday, August 14, 2012 State Primary Election at 10:00 a.m. on Friday, August 17th , 2012.
Motion by Lindquist , second by Huebsch and unanimously carried, to appoint
Commissioner Froemming and Commissioner Johnson to the canvassing board for the
Tuesday, August 14, 2012 State Primary Election.
Land Services Division Director Position
County Attorney, David Hauser announced that Brian Armstrong has been appointed as
the Land Services Division Director.
Adult Protection Services Annual Report
Human Services Supervisor, Tamra Jokela and staff members presented the Adult
Protection Services Annual Report. In 2011 there were 305 total intakes and in January
through July of 2012 there have been 178 intakes.
DWI Court Grant
Motion by Johnson, second by Lindquist and unanimously carried to authorize the
Probation Director to apply for the DWI Court grant for Fiscal Year 2013. The amount of
the grant is $90,000.00.
OTC Board of Commissioners' Minutes
July 24, 2012
Page 3
Approval to Pay Bills & Claims
Motion by Johnson, second by Lindquist, and unanimously carried to approve payment
of the Human Services bills and claims as presented.
Human Services Contracts
Motion by Johnson, second by Huebsch and unanimously carried to authorize the
Chairman's signature to execute the following contracts:
Age~cy .. ProgrC;l~ · . : Effective . · Targeted Amount ,. ,. .· . 'Populatl6n oi cbntract &
.
Date
. .. Fundina Source
Susan K. Residential Contract Period Elderly & AC/EW/CADI or TBI
DeVries Services/Home 07-20-12 Disabled Waivered Funds
Plus/Foster Care through Per State Rate Schedule
Services 12-31-13
Wendy Residential Contract Period Elderly & AC/EW/CADI or TBI
Digre Services/Home 08-01-12 through Disabled Waivered Funds
Plus/Foster Care 12-31-13 Per State Rate Schedule
Services
Recess & Reconvene
At 9:23 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 9:30 a.m.
Lake Street Committee
County Attorney, David Hauser, provided a draft copy of Order on Impassable Road
Complaint. The Order was ,crev.iewed and discussion followed. Motion by Froemming,
second by Johnson and unanimously carried to accept the Order on Impassable Road
Complaint as written (Attachment B). Finding that Lake Street is• a cartway and is
passable therefore Otter Tail Township will not be ordered to ·open up Lake Street as a
township road.
Site Specific Agreement
Motion by Huebsch, second by Johnson and unanimously carried to authorize the Otter
Tail County Highway Department to enter into agreement with Ducks Unlimited for
culvert replacement on County Highway l l O during the Erlandson WMA Restoration
project.
Glendalough State Park Trail
Motion by Johnson, second by Froemming and unanimously carried to approve the
Minnesota DNR Glendalough State Park Trail, CSAH 16 segment Cooperative Agreement.
County Ditch 37
Motion by Johnson, second by Lindquist and unanimously carried to allow backhoe work
on County Ditch 37 South of Underwood near 215 th Avenue to determine the location of
the tile.
OTC Board of Commissioners' Minutes
July 24, 2012
Page 4
Request for Approval
Motion by Froemming, second by Lindquist, and unanimously carried to authorize the
appropriate County Officials' signatures to authorize Vibration Monitoring Services by
Braun lntertec on Project # FA-12-04206 (CSAH 72 Bridge Replacement) at a cost of
$7,612.00
Recess & Reconvene
At 10:23 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 10:27 a.m.
County Ditch #25/0ullet for LMKP Lakes
County Attorney, David Hauser, provided a draft copy of the Findings and Order Authorizing
an Outlet for discussion. A motion by Johnson and second by Huebsch to determine that the
ditch does have the capacity to take additional water, subject to the Operation Plan, and to
authorize its use for the outlet. Discussion followed. Motion carried unanimously with editorial
additions. Motion made by Huebsch, seconded by Lindquist and unanimously carried to
approve the draft Operation Plan as presented (Attachment C). The final Findings and Order
will be provided to the County Board at their July 31, 2012 meeting.
Adlournment
At 11: 1 O a.m., Chairman Rogness declared the meeting of the Otter Tail County Board of
Commissioners adjourned until 8:30 a.m. on Tuesday, July 31, 2012.
Dated: _ _.0"-'8>-il'-"o<-'.2.L/l"",,1""0"'/J....._, __ I I
COMMISSIONERS
of Commissioners Chair
CB/kc
Vendor Name
Allied Fire Protection Inc
American Welding & Gas Inc
Anoka Co1mt1· Medical E.,auJiner
AssOCJatiou Of Mu Coimnes
. .\.,.;i1ess/ Joe
Becklund Oil Co
Bobcat Of Otter Tilil Countv
CD\, Go1·enimeut lnc
Code~ Sm ices UC
Coopers Technology Group
Dakota Printm UC
Denzel's Region \,aste Inc
!k,E.ast
Dick's Standard
Dulski/Joel
El ~green Eqmpment L'lc
F-~l Typei,.Titer Sen1ce
Famaul's Genuine Parts Inc
Fastenal Compan\'
Fergus Falls Dililr Jourual
Fergus Falls /Cit\· Of
FSH Colllllluincations 11.C
G&K Senices
Godfathm E.\1eru:unating hie
Hansou·s Plumbing & Heating Inc
llldepeudent,'Tb.e
J Cs General Store
Kelli· Sm ices Ille
!:IY GO\ !RNHEr,, m;AKCT INC
Koehler-Taber\·: .-'Jma Mane
!JIDlEIER.iAI.
Lakes Colllltry Smice Co Op
Lanv Ott lllc Truck Sen 1ce
Locators & Supplies lllc
Matthei,.· Bender & Cowpany Inc
MCCC Ml 33
~fid-C emral Equipment Inc
~fid,.·estern Mat Rental & Suppl\' Co
~m Dept Of HUlllan Sel"\icts
MK Motor C owpany
Nelson Amo Center
Ne,.· Hon.zoos¾: Sen1ces
OTC Board of Commissioners' Minutes
July 24, 2012
Attachment A, Page 1
Amount
275.00
76.83
2.000.00
1143.00
07118
3.461 G8
107 42
994 44
348.91
1 327.60
22 05000
1.570 00
21.15
106.88
85.00
15.30
119.00
129.40
3 92
2.839.68
56.50
64.13
1.040 16
35066
4G. 75
8135
10 67
287.S2
8. 788. 78
]9 31
20000
59.00
445 00
174 .86
1.192.46
249.37
775
B0.05
10.220.72
84 00
98 96
162.43
OTC Board of Commissioners' Minutes
July 24, 2012
Attachment A, Page 2
Otter Tail Co Treasurer
Outdoor Reno\·ati.oru l..and.scape & Nurse
Perham Ace Harm.·are
Premium Waters Inc
Preston,: Jas.on
PRICE FAJ.ill.Y CONSTRUCTION
ProduCO\'e Alternati.\•es Inc
Protecnon Systems Inc
Quill Corporanon
Regalia
Regents Of Toe Umversity Of Mn
Royal Tue Inc
Russell Attorner At Lai.·/ Robert L
S.\\'.lnc
Ser.ice Food Super Valu
Simple.'--Gnnnell
Staples Ad,-antage
Streicb.ers
Swunart Foods
1NT REPAIR INC
Tnmin Systems Inc
TRUAX AND JEREMY MAKELA/RYAN
Victor Lundeen Company
Visual Gov Solutions UC
\•i"est Payment Center
l'inal Total:
68.00
1.349.00
11.99
27 59
189.00
320.00
162.58
678.92
290.23
74.95
32,449.98
13.90
750.00
1.760.00
17.52
3.728.64
168.4 7
JS 26
98.87
320. 76
20,448.94
407.95
108.99
214.30
2.315.09
126,998.85
STATE OF MINNESOTA
COUNTY OF OTTER TAIL
In the Matter of Lake Street in
the plat of Midway Park
OTC Board of Commissioners' Minutes
July 24, 2012
Attachment B, Page 1
BOARD OF COMMISSIONERS
ORDER ON IMPASSABLE
ROAD COMPLAINT
A public hearing on the complaint that Lake Street in the plat of Midway Park was impassable was held
on June 11, 2012. Final determination on the matter was delayed by the Otter Tail County Board of
Commissioners to give interested parties an oppm1unity to propose a settlement agreement to the Board and to
give a committee of the Board of Commissioners an opportunity to consider the matter. The matter came back
before the Board of Commissioners on July 24, 2012.
The Otter Tail County Board of Commissioners, having heard the testimony and exhibits presented at
the public hearing, and further having received additional documents at subsequent board meetings, and being
fully advised in the premises, makes the following findings and order:
FINDINGS OF FACT
I. That Lake Street is a 50 foot strip of land dedicated to the public as part of the plat of Midway Park,
and remains dedicated to the public in the re-plat of Midway Park.
2. That pursuant lo Minn. Stat. § 164.11, Lake Street is a cartway.
3. A cart way is included in the definition of road or highway pursuant to Minn. Slat.§ 160.02.
4. That as a public road, Minn. Stat. §609.74 Public Nuisance and Minn. Stat. § 160.2715 Right of Way
Uses; Misdemeanors, apply to Lake Street.
5. That persons blocking the use of the cartway arc subject to prosecution pursuant to Minn. Stat. §609.74
and § I 60.2715.
6. That Lake Street is not a public water access site maintained by the Department of Natural Resources
pursuant to Minn. Stat. §97A.141.
OTC Board of Commissioners' Minutes
July 24, 2012
Attachment B, Page 2
7. That there are mature trees growing in the road right of way, which were not plank:<l by any road
authority, and are subject to Minn. Stat. § 160.22.
8. That an adjacent land owner wus granted u grade und fil1 permit to place sod where a minimal gravel
road and cement pad had existed.
9. That Lake Street has never been taken over as a town road by Otter Tail Township.
10. That OU.er Tail Township has com;idered this matter in the past, and the County Board of
Commissioners hereby adopts the Resolution of Otter Tail Township dated September 14, 2009.
11. That at the time the Petition was filed, there were two posts blocking the use of the roadway, hut the
posts have subsequently been removed.
12. That Lake Street is passable.
NOW, THEREFORE, IT IS HEREBY ORDER:
1. That Otter Tail County does not order Otter Tail Township to open up Lake Street as a township road.
2. That Otter Tail Cow1ty Land and Resource Management may issue a grade and fill permit to make I 0
foot wide gravel driving surface, as a continuation of the existing gravel surface as close as is practical
on the North side of the trees.
Dated: 7-2Lf-/2.
By
Leland R. Rogness, Chair
Larry Krohn, Clerk
OTC Board of Commissioners' Minutes
July 24, 2012
Attachment C, Page 1
Little McDonald, Kerbs & Paul Lake Improvement District (LMPK LID)
Outlet Project
Operation Plan
July 24, 2012
This Operation Plan has been developed to define the conditions of operation of the LMPK LID
Outlet Project.
General Conditions:
1. Operation Responsibilities:
(a) The Otter Tail County Public Works Division, under the supervision of the County
Engineer, shall operate all gates and valves, make necessary water surface elevation
measurements, install and maintain all permanent and temporary water surface
measuring gages, and maintain all records of outlet operations, including monitoring
records.
(b) The LMPK LID shall perform all water quality and Aquatic Invasive Species (AIS)
monitoring in accordance with this Plan and shall provide the results of such monitoring
to the Otter Tail County Public Works Division for inclusion in the record of outlet
operations.
(c) The LMPK shall coordinate with the Otter Tail County Public Works Division to provide all
notices required under this Plan.
(d) The LMPK LID shall reimburse the County for costs associated with the County's
responsibilities under this Plan and shall include in its annual budget provisions for the
operation of the Outlet.
(e) The Otter Tail County Public Works Division, under the supervision of the County
Engineer, shall have discretion to cease operation of the Outlet Project should
unanticipated, adverse impacts occur to downstream waters which may be a result of
the operation of the Outlet Project.
2. General Restrictions on Operation: As further refined in this Plan the Outlet will not
operate under the following general conditions as determined by the Otter Tail County
Public Works Division, under the supervision of the County Engineer,:
(a) When the triggering elevations in Little McDonald Lake are not achieved.
(b} When floods are occurring or imminent downstream.
OTC Board of Commissioners' Minutes
July 24, 2012
Attachment C, Page 2
(c) When operation of the Outlet will adversely affect water quality in McDonald Lake.
(d) When an identified risk exists of release or transfer of AIS from Little McDonald Lake
due to operation of the Outlet.
(e) When safety conditions related to the formation or stability of lake ice exist
downstream.
3. General Operation Parameters: The Outlet shall operate when water levels in Little
McDonald Lake exceed trigger elevations and the following downstream conditions
support its operation:
(a) When downstream water elevations are within the parameters further described in
this Plan.
(b) When downstream water quality conditions, as measured by the concentration of
Chlorophyll-a and Total Phosphorus (TP) in McDonald Lake permit, as further
described in this Plan.
(c) When monitoring of AIS in Little McDonald, Kerbs and Paul Lakes demonstrates either
the absence of AIS or a negligible risk of transfer or release of AIS to downstream
waters as further described in this Plan.
(d) When ice conditions permit as further described in this Plan.
4. General Requirements:
(a) Where possible, permanent water surface elevation gages shall be installed in Little
McDonald, Paul, Berger, McDonald, Big McDonald, Star and Dead Lakes.
(b) Where placement of permanent water surface elevation gages is not possible,
temporary gages shall be installed at a public access or other visible location to
monitor lake levels. Temporary gages shall be installed as soon as possible after ice is
absent from the lake surface, and not later than 1 week prior to operating the Outlet.
(c) If possible, water surface elevation gages will be placed in a location easily visible from
shore.
(d) The accuracy of placement of water surface elevation gages shall be verified annually
by the Otter Tail County Division of Public Works. All gages and water surface elevation
readings shall be reconciled to a common datum.
OTC Board of Commissioners' Minutes
July 24, 2012
Attachment C, Page 3
(e) The Otter Tail County Public Works Division shall exercise best professional judgment
when taking water surface elevation readings required under this Plan.
(f) The Berger, McDonald, Big McDonald, Star and Dead Lakes Associations shall be
notified at least one week prior to operating the Outlet and will be notified within one
week after operation of the Outlet ceases.
(g) Accurate records shall be kept of outlet operations and made available to downstream
interests and the public.
Specific Conditions:
1. Water Elevations:
(a) If the surface elevation of Little McDonald Lake level is at or below the Ordinary High
Water (OHW) elevation (1356.5 feet (NAVD 88)), the Outlet gates shall be closed.
(b) If the surface elevation of Little McDonald Lake level is above the OHW, the Outlet
shall operate if:
• The surface water elevation of Star Lake is at least 4 inches (.33 feet) below
the OHW (1330.4 feet NAVD 88 ); and
• The surface water elevation of Dead Lake is at least 4 inches (.33 feet) below
the OHW (1328.0 feet NAVD 88 ); and
• The surface water elevation of McDonald and Big McDonald Lakes is at or
below elevation 1354.4 feet (NAVD 88); and
• The surface water elevation of Berger Lake is at or below elevation 1355.3
feet (NAVD 88).
(c) The Outlet shall continue to operate until:
• The surface water elevation of Star Lake is 2 inches (.16 feet) below the OHW
(1330.4 feet NAVD 88 ); or
• The surface water elevation of Dead Lake is 2 inches (.16 feet) below the OHW
(1328.0 feet NAVD 88 ); or
• The surface water elevation of McDonald and Big McDonald Lakes exceeds
elevation 1354.4 feet (NAVD 88); or
OTC Board of Commissioners' Minutes
July 24, 2012
Attachment C, Page 4
• The surface water elevation of Berger Lake exceeds elevation 1355.3 feet
(NAVD 88).
(d) If operation of the Outlet is halted because of water elevations, operation may
resume only if:
• The surface water elevation of Star Lake is at least 4 inches (.33 feet) below
the OHW (1330.4 feet NAVD 88 ); and
• The surface water elevation of Dead Lake is at least 4 inches (.33 feet) below
the OHW (1328.0 feet NAVD 88 ); and
• The surface water elevation of McDonald and Big McDonald Lakes is at or
below elevation 1354.4 feet (NAVD 88); and
• The surface water elevation of Berger Lake is at or below elevation 1355.3
feet (NAVD 88).
2. Water Quality:
(a) In addition to the operation requirements above, the Outlet may not operate when
sustained Chlorophyll-a concentrations at monitoring site #56-0386-03-201 (Latitude
46.568931; Longitude -95.750209) on McDonald Lake exceed 6.0 parts per billion or
when sustained Total Phosphorus (TP) concentrations at monitoring site #56-0386-03-
201 on McDonald Lake exceed 15.1 parts per billion in the months of May, June, July,
August, or September.
(b) For the purpose of this parameter "sustained" shall mean that more than half of the
samples collected in a 10 day period exceed the noted value.
(c) Operation of the Outlet may not resume until Chlorophyll-a and TP concentrations
have decreased to below the concentration limit for not less than 5 consecutive days.
(d) Water quality monitoring shall be performed according to a monitoring protocol
developed by the LMPK LID and a licensed testing laboratory.
(e) Sampling shall occur at a minimum frequency of once every 10 days during outlet
operation by somebody trained to take samples and analysis shall be conducted by a
licensed testing laboratory.
3. Aquatic Invasive Species (AIS):
(a) In addition to the operations requirements above, the Outlet may not operate when
monitoring of AIS in Little McDonald, Kerbs or Paul Lakes demonstrates both the
presence of one or more of the following AIS and a more than negligible risk of
transfer or release of the AIS to downstream waters, as determined by the County in
consultation with the Minnesota Department of Natural Resources (DNR):
OTC Board of Commissioners' Minutes
July 24, 2012
Attachment C, Page 5
• Zebra Mussel: adults, juveniles and veligers (to be monitored between June 15
and August 15)
• Spiny Water Flea (to be monitored between June 15 and August 15)
• Eurasian Watermilfoil (to be monitored between July 1 and August 30)
• Curley Leaf Pond Weed (to be monitored between May 1 and June 30)
(b) Little McDonald, Kerbs or Paul Lakes shall be monitored annually for the presence of
the above AIS according to a monitoring/surveillance protocol developed by the LMPK
LID and a licensed testing laboratory.
(c) Sampling, surveillance and analysis shall be conducted by a licensed testing laboratory.
(d) Identification of one or more of the above AIS in Little McDonald, Kerbs or Paul Lakes
shall cause immediate cessation of operation of the Outlet until:
• it is determined that there is only a negligible risk of transfer or release of the
AIS to downstream waters; or
•. the DNR issues approval for resumption of operation or monitoring reveals the
· presence of the AIS in Berger or McDonald Lakes.
(e) Operation of the Outlet may resume when the DNR issues approval for resumption of
operation or monitoring reveals the presence of the AIS in Berger and McDonald
Lakes.
(f) If a confirmed AIS infestation event occurs in Little McDonald, Kerbs or Paul Lakes,
involving one of the above AIS (i.e., placement of a known infested structure or vessel
into the waters), operation of the Outlet shall cease until either the Minnesota
Department of Natural Resources (DNR) issues approval for resumption of operation
or monitoring reveals the presence of the AIS in Berger and McDonald Lakes.
(g) Paragraphs (e) and (f) apply to Berger only if access is available for testing.
4. Safety Conditions:
(a) In addition to the operations requirements above, because of safety concerns during
the formation of winter ice, and to allow for the establishment of lake capacity for
spring run-off, the Outlet may not be operated after November 30 of any year.
(b) In any year, operation of the Outlet may not commence until all ice is absent from the
surface of Little McDonald Lake.
OTC Board of Commissioners' Minutes
July 24, 2012
Attachment C, Page 6
Operation Plan Amendment:
1. Amendments to this Plan shall be developed by the County Engineer in consultation with
the LMPK LID and the Berger, McDonald, Big McDonald, Star and Dead Lakes Associations
based on results of operation of the Outlet.
2. Recommendations of the County Engineer shall be presented to the County Board for
approval.
3. Prior to approval of any amendment to this Plan, the County shall hold a public hearing at
which interested parties may provide written and oral comment on the proposed
amendment. The County shall provide written notice of the date, time and location of the
public hearing to the Berger, McDonald, Big McDonald, Star and Dead Lakes Associations
and the LMPK LID at least 60 days prior to the hearing.
Approved by the Otter Tail County Board of Commissioners at its Regular Meeting on July 24,
2012.
Dated: --"Dc.!<8'-1-).,,,o _._1 ,.,J~=...fc.:~:::.._ __
Attest: ~~
CountyBodClerk
County Board Chai