HomeMy WebLinkAboutBoard of Commissioners - Minutes - 08/15/20000
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MINUTES OF THE
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Otter Tail County Courthouse
Commissioners' Room, Floor 1-B
Tuesday,August15,2000
9:30 a.m.
Call to Order
The Otter Tail County Board of Commissioners convened Tuesday, August 15, 2000 at 9:30 a.m.
at the Otter Tail County Courthouse with Commissioners Virginia Partmann, Chair;
Roger Froemming, Vice-Chair; Syd Nelson, Malcolm Lee, and Dennis Mosher present.
Approval of Agenda
Motion by Froemming, second by Mosher, to approve the County Board agenda of August 15,
2000 as mailed. Motion carried.
Approval of Minutes
Motion by Lee, second by Nelson, to approve the County Board minutes of August 8, 2000 as
mailed. Motion carried.
Forgiveness of Penalty Request
Citizen, Wesley Lindholm, requested reimbursement of a tax penalty in the amount of $47.47. He
had dropped off the tax payment on May 1ih at the Treasurer's office; however, the check never
cleared the bank and after checking, found that the taxes were unpaid. Mr. Lindholm then paid the
taxes with the penalty amount and is seeking reimbursement. Motion by Lee, second by
Froemming, to approve a refund of the penalty amount of $47.47 to Paul Lindholm on parcel
number 03-000-32-0247-005 as it is unclear what happened to the original check. Motion carried.
Liquor Violation Notices
Commissioner Mosher reported that several complaints have been expressed from citizens
regarding the procedures used in the recent liquor violation sting. The notification to the employer
from the time of the violation was approximately four months in one case. The establishment
would like to know immediately as there may be issues to resolve with the employee who has
violated the law. County Attorney, David Hauser, responded that, in the future, an immediate
announcement/notification to the establishment will be made. Procedures have been set up for
liquor violations; the first time the process was not in place and officials wanted to complete the
whole County to determine the extent of violations
Ditch No. 4
Ditch Inspector, Tiny Holm, presented the final engineer's study for Ditch No. 4. The next step in
the process is to obtain an estimate for proposed work and hold a public hearing. The County
Attorney stated that the public hearing must be set within 30 days but not less than 10 days from
time of notice. Chair Portmann directed Mr. Holm to work with the County Auditor to provide
appropriate notice and set a public hearing accordingly. Commissioners requested that the public
hearing be held in Parkers Prairie at 7:00 p.m. for citizen convenience.
Ditch Expenses
Mr. Holm requested payment of a final invoice for work performed on Ditch No. 37 in the amount of
$1,124. He reported that the expense has been billed back to the benefited property owners.
OTC Board of Commissioners' Minutes
August 15, 2000
Page 2
Motion by Mosher, second by Lee, to approve payment, in the amount of $1, 124, payable to Q
Delzer Construction for work performed on Ditch No. 37 as described above. Motion carried.
Mr. Holm requested partial payment for work performed on Ditch No. 5 in Inman Township. Motion
by Froemming, second by Mosher, to approve partial payment in the amount of $1,055, to Ken
Loser's Excavating for work performed on Ditch No. 5. This expense will be assessed back to the
benefited property owners. Motion carried.
On behalf of Gary Greenwood, Mr. Holm requested payment in the amount of $72.19 for a log
chain used for clean out work in Ditch No. 5. Motion by Froemming, second by Lee, to deny
payment to Gary Greenwood, in the amount of $72.19, for replacement of a log chain used in Ditch
No. 5 as the expense was not previously approved. Motion carried.
Truth in Taxation Hearing Process
County Coordinator, Larry Krohn, reported that the State Board of Government Innovation and
Cooperation would entertain the possibility of a waiver or exemption for the current costly
requirements of the Truth in Taxation Hearing process. The application for exemption will need to
be submitted for final determination by the Board of Government Innovation and Cooperation to
approve Otter Tail County's alternative plan.
Authorization for Exemption from Lawful Gambling
The Pelican Rapids Jaycees have submitted an application for exempt permit for an event
scheduled for Saturday, October 21, 2000 at the Blue Water Restaurant and Sports Bar. No action
was taken to prohibit the event.
Payment Approval
Motion by Nelson, second by Froemming, to approve payment to Widseth, Smith, and Nolting, in
the amount of $273.00, for underground storage tank removal assessment as follows:
Motion carried.
New York Mills
Rothsay
Newton Twp.
$117.00
$ 39.00
$117.00
Tax Increment Financing District Hearing
On Monday, September 18, 2000 at 5:30 p.m. the Fergus Falls Port Authority will conduct a public
hearing on the formation of Tax Increment Financing District No. I 1-13. The Port Authority has
received a request from Pioneer Retirement Community to redevelop a portion of the former Lake
Park-Wild Rice Children's Home.
Tobacco License
Motion by Nelson, second by Froemming, to approve the following application for license:
Country Manor Motel Inc.
Travelside Lounge and Restaurant
Hwy 10West
PO box 546
Wadena, MN
Motion carried.
Tobacco
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OTC Board of Commissioners' Minutes
August15,2000
Page 3
Tax Increment Financing District Hearing
The City of New York Mills will be considering the adoption of the plan for Tax Increment Financing
District No. 1-7 at a public hearing to be held at City Hall, on Tuesday, September 26, 2000 at
7:00 p.m. The proposed tax increment-financing district is to facilitate construction of an expansion
of the Lund Boat manufacturing facility.
Payment Approval
Motion by Lee, second by Froemming, to approve payment to the Fergus Falls Community
College, in the amount of $375.00, for the use of meeting facilities for election training. Motion
carried.
Recommendation for Award -CSAH No. 52 Project
Highway Engineer, Rick West, submitted the following quotations for C.P. 00:52, Right of Way
Platting of CSAH No. 52 Reconstruction:
Ackerman Land Surveying
Wahpeton, ND
Interstate Engineering, Inc.
Fergus Falls, MN
Anderson Land Surveying
Fergus Falls, MN
$13,776.00
$13,850.00
$17,700.00
Motion by Froemming, second by Mosher, to award C.P. No. 00:52 to the low bidder, Ackerman
Land Surveying of Wahpeton, ND in the amount of $13,776.00 as recommended by the Highway
Engineer. Motion carried.
Recommendation for Award -Street Drainage Improvements, City of Dent
After previously advertising for bids, Highway Engineer Rick West, opened the following bids at
1 :00 p.m. on August 9, 2000 for C.P. 00:35:
Houge Inc.
Detroit Lakes, MN
Central Specialties, Inc.
Alexandria, MN
Mark Sand & Gravel Acquisition Co.
Fergus Falls, MN
$33,775.00
$38,133.35
$69,622.19
Motion by Nelson, second by Lee, to award C.P. No. 00:35, Street Improvements in the City of
Dent, to the low bidder, Houge Inc. of Detroit Lakes in the amount of $33,775.00 as recommended
by the Highway Engineer. Motion carried.
Approval of Final Payment -S.A.P. 56-680-03
Motion by Nelson, second by Lee, to authorize final payment of estimate no. 9, in the amount of
$45,896.85, to Merchants Bonding Company of Phoenix, AZ for completion of work on S.A.P.
56-680-03, Street, Storm Sewer, & Bridge No. 56530 Improvements. Motion carried.
OTC Board of Commissioners' Minutes
August 15, 2000
Page 4
1999 County Highway Department Annual Report Q
Mr. West provided the 1999 Annual Report of the Otter Tail County Highway Department that
includes a summary of all highway operations during the year of 1999.
Recess & Reconvene
At 10:45 a.m., Chair Partmann declared the meeting of the Otter Tail County Board of
Commissioners recessed for a short break. The meeting was reconvened at 11 :00 a.m.
Planning Commission Recommendations
Preliminary Plat & Conditional Use Permit -"West Silent Lake Retreat"/Lyle Kachelmyer.
Lisa Brendefur. & Douglas Kramer:
County Attorney, David Hauser, stated that the Board of Commissioners Chair may choose to take
more information from the public regarding this request or may choose to rely on the
recommendation of the Planning Commission who have listened to many concerns regarding the
proposed "West Silent Lake Retreat" plat. DNR Hydrologist, Terry Lejcher, stated that he was
present at the recent Planning Commission meeting. He commended the Planning Commission
members for doing a very excellent, thorough job with several sensitive issues on their agenda.
Mr. Lejcher did wish to clear up one item of misinformation regarding aquatic vegetation in the
water. These rules have recently changed. Removing aquatic vegetation in the water requires a
permit. A certain amount can be removed for access to the lake, however; either chemical
treatment or cutting now requires a permit. Chair Partmann did not accept comments either from
the applicants or from those opposing the plat.
Motion by Lee, second by Nelson, to uphold the denial of the Planning Commission for the
Preliminary Plat of West Silent Lake Retreat consisting of 14 residential lots and a Conditional Use
Permit to construct a road to service the proposed plat with the County Attorney having stated that
this decision is defendable in a court of law. The property is described as Part of Government Lots
3, 4, & 5, Section 31 of Dora Township; West Silent Lake (56-519). Motion carried.
Preliminary Plat & Conditional Use Permit -"Franklin Estates" Rufe Korman Tst:
Chair Partmann did not accept comments either from the applicants or from those opposing the
plat. Motion by Lee, second by Mosher, to uphold the denial of the Planning Commission for the
Preliminary Plat of Franklin Estates consisting of 8 residential lots and a Conditional Use Permit to
construct a road to service the proposed plat. The property is described as Part of NE¼NE¼ & Pt
of G.L. 1, Section 27 of Dunn Township; Franklin Lake (56-759). Motion carried.
Conditional Use Permit -Chad A. Krause:
Motion by Nelson, second by Lee, to approve a Conditional Use Permit to construct a driveway
and operate a custom deck building business out of a proposed 48' x 80' shop with a condition as
recommended by the Planning Commission. The property is described as Part of Gov. Lot 1 (6.7
Ac), Section 30 of Otto Township; Rush Lake (56-141). Motion carried.
Conditional Use Permit -Otter Tail County Highway Dept/Willow Creek Project:
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Motion by Mosher, second by Froemming, to approve a Conditional Use Permit to replace a
deficient bridge No. L0904 on CSAH No. 50 & Willow Creek, S.A.P. 56-650-06 between Section 35
& 26, Twp. 134N, R. 38W as presented. The project is located on the crossing of CSAH No. 50 & 0
Willow Creek, between Section 35 & 26, Leaf Lake Township; Willow Creek (56-WC). Motion
carried.
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OTC Board of Commissioners' Minutes
August 15, 2000
Page 5
Conditional Use Permit -Otter Tail County Highway Dept./Leon Lake:
Motion by Froemming, second by Lee, to approve a Conditional Use Permit to replace a deficient
bridge located on CSAH No. 45 and the outlet channel of Leon Lake in Section 35, Twp. 134N,
R41W. as presented. The project is located on the crossing of CSAH No. 45 and the outlet
channel of Leon Lake in Section 35 of Maine Township, Leon Lake (56-480). Motion carried.
Conditional Use Permit -Aloysius Quick (Easement Holder):
Land & Resource Director, Bill Kalar, reported that this CUP request was to construct a driveway
and had been tabled three times by the Planning Commission to pursue an alternative route for
easement. The alternative route did not work out with the landowner, therefore; the applicant
requested action on his original request.
Motion by Froemming, second by Nelson, to approve a Conditional Use Permit to construct a
driveway with conditions as recommended by the Planning Commission. The property is
described as Pt SE¼SE¼ & Pt GL 9 and Lot 9 & S½SE ¼ Ex Tr in Section 34 of Maine Township;
Sharp Lake (56-482). Motion carried.
Conditional Use Permit #5764 -Bette Bench et al:
Mr. Kalar explained that this permit was approved for construction of a road with an 8' top. The
road was actually built with a 14'-17' road top which was then reduced to 11'-13' top. Planning
Commission members and Commissioner Froemming have viewed the road as built. Motion by
Froemming, second by Nelson, to uphold the approval of the Planning Commission to accept the
road as it currently exists under CUP #5764. Motion carried.
2001 Local Water Planning Levies
Mr. Kalar provided the counties levies payable for 2001 for the Comprehensive Local Water Plan
Implementation Activities. Otter Tail County's 2001 base grant is $22,869.
Approval to Pay Bills
Motion by Nelson, second by Lee, to approve payment of bills per Attachment A of these minutes
which includes the following lodging payment:
Inn Express Assessment Techs, Kim Armstrong & Cindy Thompson
Motion carried.
Correspondence Acknowledged
Commissioner Lee acknowledged a letter received from Donna Peterson, President of the
Minnesota Lakes Association. She referred to the proposed changes in the Otter Tail County
Shoreland Ordinance and requested consideration be given to fencing livestock out of the lakes
and streams in order to protect the water quality in Otter Tail County.
Recess & Reconvene
At 11 :40 a.m., Chair Partmann declared the meeting of the Otter Tail County Board of
Commissioners recessed. The meeting was reconvened at 1 :30 p.m.
Request for Approval -Building Assessment Study
Plant Manger, Rick Sytsma, discussed strategies for long term remodeling and occupancy of the
Regional Treatment Center building. He reported that Architect, David Shultz, has completed an
assessment of the building that includes a thorough study by an electrical engineer. Mr. Sytsma
OTC Board of Commissioners' Minutes
August 15, 2000
Page 6
would like to re-visit a long term facility plan for the County started in 1995 to determine future Q
space requirements. Motion by Lee, second by Mosher, to authorize the Physical Plant Manager
to proceed with a 60-day space assessment as described to be completed by Architect,
David Shultz, in the amount of $7,500. Motion carried.
Resource Recovery Facilities Discussion
Chair Partmann opened discussion regarding incinerator operations in Otter Tail County.
Ms. Partmann stressed that the state should look at garbage disposal as a state issue, not simply
a county issue. Solid Waste Director, Mike Hanan, compared costs to landfill, incinerate, and
compost MSW. He reviewed the pros and cons of utilizing resource recovery incineration
technology to manage solid waste. A general consensus was made to use resource recovery
incineration technology to manage MSW in Otter Tail County with Froemming, Mosher, & Nelson
responding affirmatively, Lee opposed because landfilling is his preference, and Partmann
undecided.
Discussion took place regarding the City of Perham's ownership of the Perham incinerator facility
and the issue of liability should the facility fail. Chair Partmann expressed a need for the City of
Perham to take on liability based on their percentage of MSW on the same basis as is being
required by the participating counties. Commissioners discussed the issue of control of the
amount of garbage that comes into Otter Tail County for incineration. Mr. Hanan expressed a
desire to control the amount and type of MSW because the MSW ultimately goes into our ash cell.
Perham City Administrator, Bob Louiseau, stated that the County would have some control in the
type of waste that comes into the County through contracts between the incinerator facilities and
the County's ash cell.
At 3:02 p.m., the Chair declared the meeting of the Otter Tail County Board of Commissioners
recessed for a short break. The meeting was reconvened at 3:09 p.m.
Mr. Hanan reviewed the pros and cons of having one or two resource recovery facilities operating
in Otter Tail County. Lengthy discussion took place regarding flexibility of garbage flow, cost,
liability, amount of MSW being incinerated, environmental effects of incineration, etc.
Commissioner Mosher stated that citizen input is needed. Timelines are also an issue -the City of
Perham is hoping to have a negotiated contract by September 1, 2000 and the City of Fergus Falls
contract expires on January 25, 2000. Motion by Mosher, second by Froemming, to support the
use of two resource recovery facilities operating in Otter Tail County, however; will not support
County ownership at this time and would need to review stipulation agreement(s). Motion carried
on a 3-2 vote with Partmann and Lee opposed.
The Chair then polled board members as to whether or not it is in the best interest of Otter Tail
County to own or operate either or both resource recovery facilities. A unanimous consensus of
the board expressed a desire not to own or operate either facility.
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Lengthy discussion continued regarding similar treatment of both incinerator facilities and Otter Tail
County's desire to contract directly with the facilities for 100% of the MSW, accept 100% of the
liability, then allocate a portion of the debt/liability to other counties by contract or allow counties to
contract directly with the facilities. Chair Partmann requested that the MSW contract discussion Q
continue at the next regularly scheduled County Board meeting.
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Adjournment
OTC Board of Commissioners' Minutes
August15,2000
Page 7
At 4:27 p.m., Chair Partmann declared the meeting of the Otter Tail County Board of
Commissioners adjourned until Tuesday, August 22, 2000.
Dated: _ __,,,6"-"S"---'~=cJ...'---'-C:O..,,,,."'--------
Attest: tv~ ~ Larry Krhn,ierk
a Partmann, County Board Chair
CB/kd
Enc.
... 8/16/2000
.'c7:45:l6
OTTER TAIL COUNTY AUDITOR
PANELSON RECEIPTS AND DISBURSEMENTS SYSTEM
WARRANTS FOR PUBLICATION
Otter Tail County Warrants
August 16, 2000
,Page 1, Attachment A
IFD66
COUNTY 56
PAGE l
WARRANTS APPROVED ON 8/15/2000 FOR PAYMENT 8/15/2000
VENDOR NAME
A-l LOCK AND KEY
AGGREGATE INDUSTRIES AMERICAN TOWER CORPORATION
AMERIPRIDE LINEN & APPAREL SER
J. ANDERSON BATTLE LAKE AUTO PARTS
BATTLE LAKE FARMERS UNION OIL
BATTLE LAKE MOTOR PATROL ASS'N
BATTLE LAKE STANDARD
BEAR GRAPHICS INC. BERNTSEN INTERNATIONAL INC
BEST INC. BIG FOOT GAS & GROCERY
BL EXPRESS BLUFFTON OIL COMPANY BOB BARKER COMPANY INC,
BOB'S STANDARD BULK SERVICE
BRANDON COMMUNICATIONS BRETZ HARDWARE
CARQUEST AUTO PARTS CARR'S LAKE COUNTRY SUPERMKT
CASEY'S GENERAL STORE #2161
CATCO
CO-OP SERVICES INC
CONOCO KAREN COOPER
COOPER'S OFFICE SUPPLY INC.
CRANE JOHNSON CO. INC.-P
CULLIGAN DACOTAH PAPER COMPANY
THE DAILY JOURNAL
DAKOTA ELEVATOR DAN'S EXHAUST PROS
DEAN'S COUNTRY MARKET DEN BOER NANCY
DICK'S STANDARD GAPPA OIL CO.
DIVERSION AUTO
DON'S SERVICE DOYLE EQUIPMENT INC.
ECONO SALES AND SERVICE ELECTION SYSTEMS & SOFTWARE IN
ENGEBRETSON SANITARY DISPOSAL
ERHARD VILLAGE STORE
ERICKSON ELECTRONICS
ARNOLD ERICKSON EVAVOLD-DELZER CONSTRUCTON CO
EVERTS LUMBER CO. FALLS AUTOMOTIVE INC.
FARMERS CO-OP OIL
AMOUNT
506.77
3,180.45 75.00
70.92 207.03
123.47
406.30
56.00
246.64
550.96
l,783.32
7,188.16 l 7l. 50
107.38 23.50
211.75 73.61
422.89 124.05
282.65
l,068.99 48.70
376.34
3,458.87
12.50
165.lO l,455.16
49.92
17.58 48.86
2,520.72
79.00
35.46 15.98
60.05
34.08 79.02
32.30
l,134.61 223 .40
238.74
7,040.00
424.37
37.17
120.00
4,810.00 4.94
53.07
.l,051.30
Otter Tail County Warrants
August 16, 2000
Page 4, Attachment A
• 8/16/2000
7:45:16
OTTER TAIL COUNTY AUDITOR PANELSON RECEIPTS AND DISBURSEMENTS SYSTEM
WARRANTS FOR PUBLICATION
IFD66 COUNTY 56
PAGE 4
WARRANTS APPROVED ON 8/15/2000 FpR PAYMENT 8/15/2000
VENDOR NAME
PAMIDA INC.
PARK REGION CO-OP
PC MAGAZINE
PELICAN CASH & DASH PELICAN RAPIDS PRESS
PERHAM AREA EMS
PERHAM CO-OP CREAMERY PERHAM ENTERPRISE BULLETIN
PERHAM PRINTING
PETE'S AMOCO
THE PHOTO CENTER
THE PIERCE CO.
PIONEER RESEARCH CORP
POLK CO SOLID WASTE MANAGEMENT POPE CO SANITATION INC.
RAINBOW TREECARE
REVIEW ENTERPRISES INC.
RINGDAHL AMBULANCE SERVICE
ROCHE DIAGNOSTICS CORPORATION
ROYAL TIRE ROYALE COMTRONICS
RPM SPORTS, INC RUAN LEASING COMPANY
SCOTT HOFLAND CONSTRUCTION INC
SERVICE FOOD SUPERVALU
SEWER SERVICE SHEPARD'S
SHERWIN WILLIAMS
SIGELMAN STEEL & SALVAGE
SIGNWORKS SIGNS & BANNERS
SOUTH MILL SERVICE
SOUTHTOWN C-STORE
SPECTRA PRECISION INC STANDARD PARTS OF WADENA
STEIN'S INC.
STENERSON LUMBER
ROMAINE STEPHAN
STREICHER'S
SUCCESSFUL FARMING
THERMAL TECHNOLOGIES INC. VIRGINIA THOM
JOSLYN THOMPSON MERLE THOMPSON
TRI-STATE TIRE
TRUE VALUE
UCOWF
UNDERWOOD RURAL FIRE DEPT
UNITED BUILDING CENTERS
UNIV OF MINNESOTA-PRINTING SER
AMOUNT
161.53
547.09
39.97
580.97
57.75
194.88
2,925.05 527.70
336.92
448.95
157.55
6.34 271.85
204.00 18,539.35
430.00
120.66
1,815.00
266.25
258.34 100.00
52.49
27.32
·3,250.00
95.32
290.50 155.92
114.35
394.54
202.35
1,943.78
212.49
2,200.00 206.19
1,985.75
827.41
100.00
45.74
7.50
1,146.80 70.00
225.00 100.00
73.38 41.29
185.00
300.00
18.58 306.66
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6/16/2000 7:45:16
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OTTER TAIL COUNTY AUDITOR PANELSON RECEIPTS AND DISBURSEMENTS SYSTEM
WARRANTS FOR PUBLICATION
WARRANTS APPROVED ON 8/15/2000 FOR PAYMENT
VENDOR NAME
UNIVERSITY OF MN-EXTENSION SER OS OFFICE PRODUCTS VALLEY SOFT WATER
VALLEY SOFT WATER LTD
VARITECH INDUSTRIES
VERGAS ACE HARDWARE VICTOR LUNDEEN COMPANY WADENA ASPHALT COMPANY
WAL-MART WASTE MANAGEMENT OF CENTRAL MN WASTE MANAGEMENT OF NORTH DAKO WASTE MANAGEMENT(WAHPETON)
WELDING SUPPLIES & FIRE
WES I FUEL STOP WEST GROUP PAYMENT CTR.
RICHARD WEST WILKIN CO ENVIRONMENTAL OFFICE
210 LUBE EXPRESS
FINAL TOTAL ...... .
AMOUNT
156.40 1,126.16 28.52 9.59
12,546.00 36.56 1,820.77 760.09 338.47 28,050.00 50,268.25 5,665.15 165.70 sa.oo
91. 2S 37.85 548.17 113.93
$373,710.88
Otter Tail County Warrants
August 16, 2000
Page 5, Attachment A
IFD66 COUNTY 56 PAGE 5
8/15/2000