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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 07/31/2012MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, Commissioners' Room 515 W. Fir Avenue, Fergus Falls, MN July 31, 2012 8:30 a.m. Call to Order The Otter Tail County Board of Commissioners convened Tuesday, July 31, 2012 at 8:31 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 31, 2012 agenda. Motion by Froemming, second by Johnson, and unanimously carried to approve the Board of Commissioners agenda of July 31, 2012 with the following modifications: 8:35 a.m. -Cancel JobZ Modification Agenda Item 8:35 a.m. -Add Conservation Committee Report and Radio Board Discussion Approval of Minutes Motion by Huebsch, second by Johnson, and unanimously carried to approve the Board of Commissioners meeting minutes of July 24, 2012 with modifications as presented. Approval to Pay Bills Motion by Lindquist, second by Froemming, and unanimously carried to approve payment of the County Board bills per Attachment A of these minutes. Otter Tail County Conservation Committee Commissioners reported on a recent OTC Conservation Committee meeting. Discussion took place regarding the role of the Committee as it relates to reviewing acquisition of lands. It was determined that the Conservation Committee would not be the correct forum to review State or Federal proposed acquisitions. Commissioners requested that proposed land acquisitions be preliminarily presented to the County Board several months before finalizing the acquisition and that the seller of the property is aware that the request must be approved by their local government entity. Commissioners also requested that the County Administrator oversee the development of a one-page form that lists the information needed by the County Board in order to make a decision regarding a proposed acquisition of land by the USFWS and/or the State DNR 800 MHz Central MN Radio Board Commissioner Lindquist reported on a recent meeting of the 800 MHz Radio Board and discussions regarding equipment contingency planning. West Central Regional Juvenile Center Chuck Kitzman, Probation Director, and Larry Krohn, Administrator, reported on a recent meeting of the WCRJC Board and requested approval of the Cooperative Agreement. They reported Otter Tail County's annual per diem for use of the facility at $185,625.00. Motion by Lindquist, second by Froemming, and unanimously carried to authorize the Chairman's signature to execute the Third Amended Cooperative Agreement for the Operation of the Clay County Secure Juvenile Detention and Treatment Facility as presented. OTC Board of Commissioners' Minutes July 31, 2012 Page 2 Little McDonald, Kerbs and Paul Lake Improvement District Motion by Huebsch and second by Johnson to authorize the appropriate County Officials' signatures to execute the final LMKP LID Findings and Order Authorizing an Outlet in the Matter of County Ditch No. 25 and the Outlet Project Operation Plan as presented. The motion carried on a roll call vote as follows: Board of County Commissioners John Lindquist Roger Froemming Wayne Johnson Doug Huebsch Leland R. Rogness YEA X X X X X NAY ABSENT ABSTAIN The Findings and Order is attached to these minutes as Attachment B. The Operation Plan is attached to the July 24, 2012 Board of Commissioners' minutes as Attachment C. Courthouse and New York Mills Construction/Remodel Projects Marland Hoff, Courthouse Project Construction Manager, provided a briefing on the courthouse remodeling project. He reported on the written methods and team meetings used to keep the project moving forward and within budget. Phase I Courthouse remodeling completion date was reported as March of 2013. Terry Hoff, Interim Physical Plant Manager, reported on the NYM remodeling project. The next project update with the Board is planned for the first part of September, 2012. Correction for Final Payment Chiller Replacement Project Motion by Lindquist, second by Johnson, and unanimously carried to amend the Final Payment, from $11,786.00 to $10,855.00, payable to Overland Mechanical Services of Fergus Falls, MN for completion of the Chiller Replacement project (#1114). This is a correction to the July 17, 2012 minutes wherein the Final Payment was incorrectly identified as $11,786.00. Total final project cost was reported as $235,716.00. Comprehensive Planning Larry Krohn, County Administrator, briefed the Board regarding County meetings to discuss comprehensive land use planning. Lengthy discussion followed. Motion by Huebsch, second by Froemming, and unanimously carried to authorize Commissioners Johnson and Rogness to meet with the Comprehensive Planning Ad Hoc Committee on Tuesday, August 21, 2012 to identify a vision for comprehensive planning and corresponding short term and long term goals. Board of Commissioners Meeting Location Change Motion by Froemming, second by Lindquist, and unanimously carried to change the location of the Board of Commissioners' regular meeting on Tuesday, August 21, 2012 from Fergus Falls to the New York Mills offices for attendance at the county picnic. Utility Easement -Fergus Falls Transfer Station Motion by Huebsch, second by Lindquist, and unanimously carried to approve the Chairman's signature to execute a Utility Easement to the City of Fergus Falls which is required for the installation of the water line to supply water to the Fergus Falls Transfer Station and, eventually, the Fergus Falls Airport. The described easement is attached as Exhibit A. OTC Board of Commissioners' Minutes July 31, 2012 Page 3 Solid Waste Department Staffing Motion by Lindquist, second by Huebsch, and unanimously carried to authorize the Solid Waste Director to advertise for replacement, due to retirement, of an existing part time Certified Solid Waste Attendant position at the Battle Lake Transfer Station as recommended by the Personnel Committee. Motion by Huebsch. second by Lindquist, and unanimously carried to authorize the Solid Waste Director to advertise for Certified Solid Waste Attendant Relief Workers as requested and recommended by the Personnel Committee. Mike Hanan, Solid Waste Director, and Board members discussed the need to reassign some duties previously completed by the Department Head which may require a change in the existing organizational structure. By consensus. the Board authorized Mr. Hanan to proceed with a plan for reassignment of duties. GLENDALOUGH STATE PARK TRAIL-CSAH 16 SEGMENT COOPERATIVE AGREEMENT Otter Tail County Resolution No. 2012 -45 WHEREAS, pursuant to Minnesota Statutes 471.59, two or more governmental units may enter into an agreement. AND WHEREAS, the State of Minnesota' intends to establish a Bike Trail through Glendalough State Park including a segment within the Highway Right oi Way of County State Aid Highway (CSAH) No. 16, AND WHEREAS, Otter Tail County has Highway Right of Way for CSAH No. 16. BE IT RESOLVED, that Otter Tail County will allow the State of Minnesota to construct and maintain the Glendalough State Park Trail within the Highway Right of Way of CSAH 16 as per the Glendalough State Park Trail -CSAH 16 Segment Cooperative Agreement expiring June 18. 2037 or as extended under the agreement. 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 MN Commissioner of Natural Resources prescribing the terms and conditions of same Glendalough State Park Trail -CSAH 16 Segment Cooperative Agreement for the Glendalough State Park Trail expiring June 18, 2037 or as extended under the agreement. Upon the motion of Commissioner Johnson and seconded by Commissioner Froemming, the Otter Tail County Board of Commissioners passes the foregoing resolution on a unanimous vote. Adopted at Fergus Falls, Minnesota, this 31 st day of July, 2012 Dated: __ o_c=-+-/ 0~1 ... / olP~~';J...~--- Attest: ~ /~ LarryKrhn, Clerk OTTER TAIL COUNTY BOARD OF COMMISSIONERS By: ~~~..ftll.~~~:-::-1~6~<.,..:-~C-'.!!/hf.'-f!J..tL . Rogness. Board of Commissioners Chair Motion by Johnson, second by Froemming, and unanimously carried to reconfirm approval of the Glendalough State Park Trail -CSAH 16 Segment Cooperative Agreement and to authorize the appropriate County Officials' signatures to execute the agreement. OTC Board of Commissioners' Minutes July 31, 2012 Page 4 Highway Department Staffing Motion by Lindquist, second by Froemming, and unanimously carried to authorize replacement of a Highway Maintenance Worker the end of August, 2012 due to a retirement. Buffalo Red River Watershed District Representative Motion by Lindquist, second by Johnson, and unanimously carried to publish the Notice for a Manger to represent Otter Tail County on the BRRWD Board. The decision for an appointment on the Board will take place on or before October 23, 2012. Meeting Location Change Motion by Froemming, second by Huebsch, and unanimously carried to change the location of the Board of Commissioners' regular meeting on Tuesday, November 6, 2012 from Fergus Falls to the Sheriffs Operation Center in Ottertail City to accommodate Commissioners' participation in an emergency services functional exercise. Adjournment At 10:23 a.m., Chairman Rogness declared the meeting of the Otter Tail County Board of Commissioners adjourned until 8:30 a.m. on Tuesday, August 7, 2012. Dated: 08 lo? Ii'? 1,;t,. . , OTTER TAIL COUNTY BOARD OF COMMISSIONERS Attest: ---~=---=~=,-..,~""1-'-'="--- La rryKrofn ,' Clerk CB/kd OTC Board of Commissioners' Minutes July 31, 2012 Attachment A, Page 1 WARRANTS APPROVED ON 7/31/2012 \·ender Kame AY!ANDSLLC AUTO FI\ Auto \·aJue Fergus Falls Barrell Ems Training Bear Graphics Inc Bluestone Technologies Inc Bob·s Standard Bulk Senice Bobcat Of Oner Tail Counn· BOYER/RODNEY Braun Intertec Corporation Central States Wire Products Inc Christensen Construction CMI INC Code -I Senices LLC College \\°a;-.->.uto Inc Coopers Technologr Group D & \"'s Perham Bakery Detrolt Lakes Newspapers DS SOLlITTONS INC ERICESON/J;D,NETH Fargo Glass And Pamt Co Fergus Falls Dail;-Journal Fergus Falis/C1n· Of form A Feed Foth Infrastructure & Emironmenr LLC Fronner Precision Inc G & R Controls GALLS LLC Gilli~l.\RION Go1·ernment Management Group Inc Grainger Inc Greene/Julie Hanson's Plumbmg & Heartng Inc Heartland Audio Inc Hedahls Headquarters Henning Auto Parts Inc Hoots Sports Independent/The Inno1·am·e Office Solutions JACOBSON/HEATHER Lake Region Healthcare Corp Lakeland Mental Health Center Amount 7.42048 37.04 201.99 1.170.00 908.98 6.841.68 126.20 5.87 197. 70 744.00 2.723.98 2,250.00 141. 22 2.352.22 316. 72 138.05 30.80 182.85 2.431.41 182. 72 85.97 240.00 25,422.46 400.00 9.886.10 408.37 473.70 83.50 526.38 6.300.00 256.32 188.55 27.79 912.30 19.26 79.40 219.57 26.00 2. 779.85 51.82 395.60 166.00 OTC Board of Commissioners' Minutes July 31, 2012 Attachment A, Page 2 Vendor Name Larry Ott Inc Truck Sen ice Leitch Excavating M-R Sign Companr Inc. Marco Inc St Louis Mark Sand & Gravel Co MASK.E/L>.RRY J Mcquay International Mike's Lock & Ker Sen,ce Mn Co Intergovernmental Trust MN Motor Company MN VETERINARY ASSOCL'.TES MOTION INDUSTRIES NAPA Of Perham Newborg/Ke\in One Call Locators Ltd Otis Elevator Co Otter Tail Co Treasurer OTTER TAIL FAMILY SER\'1CES COLL.\BO Ottertail Aggregate Ottertail Trucking Inc PARKERS PRAIR.IE AIJ'TO BODY INC PERFORMIX PRODUCTS PERHAM AREA EMS PERHAM DOCK & l1FT Phoenix Supply Prairie Restoranons Inc Prtorttr Dispatch PSS WORLD MEDICAL INC RDO Trust #80-6130 Ridgewater College Royal Tire Inc SBLC FF Schreader/Michael Schwanke/Vicki SCHWARTZ/ROBERT E Senice Food Super V alu SOliR.CE ONE SUPPLY INC Spencer/Sharon SR.F CONSULTING GROUP INC STEARNS OHL~ INC SteinS Inc Streichers Amount 705.00 1,607.50 822.86 2.016.52 41,168.86 223. 79 1.721.27 24.00 1,093.00 60.73 156.38 633.94 103.51 39.96 346.64 745.76 242.61 300.00 500.00 9.170.00 90.00 5,242.00 335.00 200.00 467.38 430.80 78.00 253.67 231.22 900.00 219.69 114. 38 135.89 50.51 543.05 14.17 477.34 77.70 2.417.64 100.00 8,071.69 5.488.99 Vendor 1':ame Smergy Graphics TNT REPAIR INC Tranquility Building Senices l"NIFORMS l'NLIMITED INC \'A,'\'S FL'\.GS & FL'I.GPOLES \'1ctor Lundeen Companr Waletzko/Patrick Waste Management \\'!LSON/WARREN R Ziegler Inc Final Total: OTC Board of Commissioners' Minutes July 31, 2012 Attachment A, Page 3 . ..\mount 150.00 827.85 454.22 161.72 52.62 2,229.66 62.72 15.249.30 207.69 1.694.84 186,064.92 STATE OF MINNESOTA COUNTY OF OTTER TAIL In the Matter of County Ditch No. 25 OTC Board of Commissioners' Minutes July 31, 2012 Attachment B, Page 1 BOARD OF COMMISSIONERS FINDINGS AND ORDER AUTHORIZING AN OUTLET The J,itt\c McDonald, Kerbs and Paul Lake lmprovement Oistrict filed a petllion for the use of Ditch 25 as an outlet. A public hearing was held before the Otter Tail County Board of Commissioners on Monday, August 22, 2011. The final deci!:don was delayed for the Environment Review Process and for development of an Operation Plan. The matter came back for hearing before the Otter Tail County Doard of Commissioners on July 24,2012. The drainage mHhorily, having heard the testimony presented. including letters and emails received, a11d additional information received through the Environmental Review Process, having reviewed all the files and proceedings herein, and being fully advised of the premises, makes the following findings and order: FINDINGS l. That a petition doted Jlily 9, 2011, to use Ditch 25 as an outlet for a drain from Little McDonald, Kerbs and Paul Lakes Improvement District (LMK LID) was received by the Drainage Authority and properly before it for consideralion. 2. That on July 25, 2011, a public notice was given to the benefited property O\Vners in the Ditch 25 Syslem, and a public hearing was held pursuant to Minn. Stat. § I 03E.40 I on August 22, 2011. 3. On September 6, 2011, the County Board of Commissioners ordered thnt an Environmental Assessment Worksheet be prepared for the proposed project. 4. An Environmental Assessment Worksheet was prepared, and published by the Environmental Quality Board. 5. Based on comments received, the Otter Tail County Board of Commissioners continued the matter to obtain additional information. On April 24, 2012, the Board determined that an Environmental Impact Statement was not required. 1 OTC Board of Commissioners' Minutes July 31, 2012 Attachment B, Page 2 6. Based upon information developed in the Environmental Review Prncess, and with input from the Petitioner and representatives of down-stream interests, a committee of the County Board of Commjssioners developed a Proposed Operation Plan. 7. That the ditch was originally established in I 907 at which time the viewer's determined that 490 acres were benefited in the amount of $3,706.00, and that the cost of construction of Ditch 25 was $2,025.56. 8. That the benefits for Ditch 25 have not been re-determined since 1907. However, the Otter Tail County Board of Commissioners has ordered a n,.determination of benefits is necessary for the ditch. That re-<ltterrnination is now being conducted. 9. That the property included in the LMK LID is the property benefited by the outlet, and includes 489.8 acres, 10. That the LMK LID is benefite<l Lo the extent of$3,706.00 if benefits had been determined in 1907. 11. A Petition for an Outlet was also filed in 2007. The petition was denied based on a finding that Ditch 25 did not have the capacity based upon the information presented. However, the Board authorized a new petition if additional information became available which would show that Ditch 25 did have capacity, with or without improvements or repairs. 12. The current petition was accompanied with a more comprehensive hydraulic report prepared by Houston Engineering, dated August 2011, which recommends repairs to the ditch and calls for an Operation Phm which would include a control structure that would limit discharge of water into Ditch 25 only when the system can take the water without causing any damage downstream. 13. Property owners along Ditch 25 have from time to time inquired about the need for repairs. Ditch 25 is in need of some repairs, but because of property subdivision the County could not make assessmt:nts. A re;:determination of benefits has been ordered so that benefitted properties can be assessed for repairs and maintenance. 14. The necessary and proper repairs would be best determined by an independent engineer. 2 OTC Board of Commissioners' Minutes July 31, 2012 Attachment B, Page 3 l 5. Ditch 25 does have capacity to be used as an outlet for the LMK LTD Project under the conditions of the Operation Plan dated July 24, 2012, which requires a control structure which will be shut off when lake levels along Ditch 25 reach ce1tain heights or if water qu~lity problems arise. 16. '!'here are periods of time the pr~ject can operate even without repair. It would be less effective for the LMK UD. 17. Some of the repairs recommended by the Hydraulic Report of August 2011 may be improvements, which would require a Petition for Improvement from the ditch system in accordance with Minn. Stats. §103E.215. J 8. The project proposed by the LMK LID is a private drainage system. This is not a lateral proceeding pursuant to Minn. Stat. § I 03 E.225. 19. The proposed project is needed to relieve high >Vater problems on Little McDonald, Kerbs and Paul Lakes which huve cause<l serious impact to lakeshorc owners. The high water has caused lc1keshore erosion. Property owners have expended over a million dollars to protect shoreline. Edna Township lrns submitted a clairn for $215,000.00 for road damage to the federal Emergency Management Administration. High water on the lakes has caused property values to decrease by $ 1.5 million dollars as detennined by the Otter Tail County Assessor. Twenty percent (20%) of the structllrcs on the lakes and the lake improvement district have been damaged by the high water. The high water has cat1sed some sewage systems to fail. NOW, THEREFORE, IT IS HEREBY ORDERED: 1. That the petition of the Little McDonald, Kerbs and Paul Lake Improvement Dislricl (LMPK LID) is granted. 2. That an independent engineer be appointed to detennine the necessary and proper repairs to Ditch 25. 3. That the Petitioners, LMPK LID, shall pay as and for an outlet fee$_10,000.00, and he responsible for half of the assessments for the initial repairs as determined by the independent engineer. ti. That the property benefited by the outlet project is the property in the LMKP LID. 5. That the LMKP LID shall pay half of all assessments J1.;vied after this date in the drainage syst~m. 3 OTC Board of Commissioners' Minutes July 31, 2012 Attachment B, Page 4 6. That the outlet may be used only under the following conditions: a) Compliance with the Operation Plan adopted July 24, 2012, a copy of which is attached hereto and made n part hereof. b) Petitioner obtains all the permits, easements and other approvals ncccssa1y to construct the outlet project. 7. That the Viewers performing the re-Jt;:;termination of benefits also determine benefits for the area using the outlet. 8. Based on the Viewers' Report, the relative assessments of the Ditch and outlet area may be adjusted, but not until after any repairs recommended by an independent engineer are completed and assessed. O'ffER TAIL COUNTY DOARD OF COMMIS IONERS Dated: __,"1c;f.a:l,_1.µ/,;,,,""'-'-''.:L""--/ I ~~- Leland R. Rogness, Chair Otter Tail County Board of Com Attest: ~------ 4 EXHIBIT A Otter Tail County Transfer Station Property: OTC Board of Commissioners' Minutes July 31, 2012 Exhibit A All that part of the Northwest Quarter of the Southwest Quarter (NW1/4 SW1/4) of Section Thirty·-one (31 ), Township One Hundred Thirty-three (133) North of Range Forty-three (43) West, described as follows: Commencing at the Southwest corner of said Section Thirty-one (31); thence North 00"17'30" West'on an assumed bearing along the West line of said Section Thirty-one (31), a distance of 2,6_48.54 feet to the West Quarter corner of said Section Thirty-one (31); thence North 73"44' 15" East a distance of 2,466.04 feet to the southerly right-of-way line of the Otter Tail Valley Railroad, the point of beginning of the land to be described; thence South 00°01 '16" West·a distance of 455.68 feet; thence South 00"53'49" East a distance of 627.02 feet; thence South 87°32'13" West a distance of 162.34 feet; thence South 00"23'03" East a distallce of 307 .12 feet; thence South 89""36'57'' West a distance of 613.27 feet to the East line of the West 1,600.00 feet of said Section Thirty-one (31); thence North 00"" 17' 30" West along said East line of the West 1,600.00 feet of Section Thirty-one (31 ), a distance of 725.49 feet; thence North 00°48'00" West along said East line of the West 1,600.00 feet of Section Thirty-one (31 ), a distance of 765.70 feet to said southerly right-of-way line of the Otter Tail Valley Railroad; thence southeasterly along said southerly right-of-way line of the Otter Tail Valley Railroad, on a non-tangential curve, concave to the Northeast, having a radius of 5,811.93 feet, a delta angle of 03"12'00" and a chord bearing of South 82°26'42" East, for an arc distance of 324.60 feet; thence South 84"02'42" East along said southerly right-of-way line of the Otter Tail Valley Railroad, a distance of 458.85 feet to the point of beginning. Containing 24.41 acres, more or less.