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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 11/06/20010 0 0 MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Otter Tail County Courthouse Commissioners' Room, Floor 1-8 Tuesday, November 6, 2001 9:30 a.m. Call to Order The Otter Tail County Board of Commissioners convened Tuesday, November 6, 2001, at 9:31 a.m. at the Otter Tail County Courthouse with Roger Froemming, Chair; Dennis Mosher, Vice- Chair; Syd Nelson, Malcolm Lee, and Bob Block present. Approval of Agenda Motion by Lee, second by Block, and unanimously carried to approve the County Board agenda of November 6, 2001, with the following additions: Randy Wasvick -Ditch System No. 19 Chief Deputy, Mark Morris at 11 :00 a.m. -E-911 Letter Closed Session -Labor Negotiations Approval of Minutes Motion by Nelson, second by Mosher, and unanimously carried to approve the October 23, 2001, County Board minutes as presented. Homestead Credit Request Father Will Ovsak stated that he owns property on the southwest corner of Jewett Lake that he purchased in 1975 and had homestead credit until it was removed when he resided in Breckenridge. More recently, he has made Jewett Lake his permanent residence and applied for homestead credit. The application was denied because he spends the majority of his time in Drayton, ND, where he is a Priest. Father Ovsak stated that he is a resident of Minnesota and is appealing to receive homestead credit at his residence on Jewett Lake. Assessor, Bob Moe, stated that the primary issue is occupancy and there are other similar cases although each case has its own circumstances. Normally, primary residence is considered the residence where the person spends most of their time. Discussion followed. Motion by Lee, second by Mosher, to approve homestead credit for Father Will Ovsak for parcel no. 22-000-99-0410-000, his residence on Jewett Lake. Chair Froemming called for a roll call vote: Commission District 5 Block Nay Commission District 2 Lee Yea Commission District 1 Nelson Yea Commission District 4 Froemming Yea Commission District 3 Mosher Yea Motion earned. Conditional Use Permit Extension Motion by Froemming, second by Lee, and unanimously carried to extend Conditional Use Permit No. 5663 for Loren Kalpin et al on Lake Adley (56-31) to November 24, 2002. OTC Board of Commissioners' Minutes November 6, 2001 Page 2 Approval of Final Plats Q Motion by Froemming, second by Nelson, and unanimously carried to approve the Final Plat of Milt Paulson known as Belmont Pointe located in Section 31, Range 39, Township 132, Nidaros Township. Motion by Lee, second by Mosher, and unanimously carried to approve the Final Plat of James Allaire et al known as Park View located in Section 5, Range 42, Township 135, Lake Lida. Motion by Mosher, second by Lee, and unanimously carried to approve the Final Plat of Harlan Nelson known as Round Lake Beach First Addition located in Section 5, Range 40, Township 133, Everts Township. Approval of Tobacco License Motion by Nelson, second by Froemming, and unanimously carried to approve the following application for license: Michelle Green Sparetime Bar and Grill 43521 425th St. PO Box 1787 Perham, MN Tobacco Approval of Training for Motor Vehicle Office Motion by Mosher, second by Lee, and unanimously carried to approve attendance by the Motor Q Vehicle office staff for training available Monday, November 19, 2001, at the Minnesota Truck Center in Mendota Heights and to authorize closure of the office on November 19th to allow for the training. Temporary Snowmobile Trail Easement Motion by Nelson, second by Block, and unanimously carried to approve the granting of the following Temporary Snowmobile Trail Easement: This Snowmobile Trail Easement is granted this 6th day of November 2001, by the Otter Tail County Auditor, under the provision of Minnesota Statute 282.04, Subdivision 4, to the Otter Trail Riders Snowmobile Club, for the purpose of establishing and maintaining a temporary seasonal use snowmobile trail across the following described tax forfeited property situated in the County of Otter Tail, State of Minnesota, to wit: The East Half of the Southwest Quarter Except the West 10 Rods of the North 16 Rods, all in Section 34 of Township 136 Range 40-(79 Acres). That the Otter Tail County Auditor, per the provision of Minnesota Statute 282.04, Subdivision 4, in receipt of $1.00, hereby grants an easement, for a period not to extend past December 31, 2002, over and across the above described tax forfeited property as shown on the attached drawing subject to the following conditions: 1. Upon a 90-day written notice this easement shall terminate and will be cancelled by a resolution of the Otter Tail County Board of Commissioners if, a.) at any time the easement conflicts with any public use of the property, b.) at any time the Otter Trail Riders Snowmobile Club should cease to exist, 0 0 0 0 2. 3. 4. 5. 6. OTC Board of Commissioners' Minutes November 6, 2001 c.) at any time the designated route is no longer used as a snowmobile trail, d.) at any time the above described tax forfeited property is sold/conveyed, and e.) at any time any of the conditions stated in this document are in default. Page 3 The right-of-way of the snowmobile route shall be open to the general public only for snowmobile use. The State of Minnesota and the County of Otter Tail shall at all times have the right to enter upon the above described property and upon said right-of-way for any purposes necessary for the performance of our lawful powers and duties. The State of Minnesota and the County of Otter Tail shall have the right to close said right-of-way during any emergency. When practical the Otter Tail Riders Snowmobile Club will be notified. This easement is for a 16' width over the route to be used as a seasonal use snowmobile trail. Signage by the Otter Trail Riders Snowmobile Club of the trail to direct the use and safety of the trail across the above referenced property is encouraged. If the temporary snowmobile trail easement is not renewed the Otter Trail Riders Snowmobile Club prior to December 31, 2002, must remove all signage or Otter Tail County shall have the right to remove the signs and the costs for such removal will be the responsibility of the Otter Trail Riders Snowmobile Club. 7. The Otter Trail Riders Snowmobile Club shall indemnify the County against any claim arising from the use of the property as a snowmobile trail and will maintain insurance, as required by the separate Snowmobile Trail Agreement held with the County. Witness my hand and official seal this 6th day of November, 2001. Wayne Stein, Otter Tail County Auditor Subscribed and Sworn to before me this 6th day of November, 2001. Notary Public For the Otter Trail Riders Snowmobile Club Subscribed and Sworn to before me this Notary Public day of Dated 2001. Bid Award -Life & Long Term Disability Insurance Motion by Lee, second by Mosher, and unanimously carried to award the Life Insurance (basic life and supplemental life) to Minnesota Life through Ochs, Inc. effective January 1, 2002, based on premiums submitted on October 9, 2001, with a 4-year rate guarantee on the Supplemental Life product. The motion further awarded the Long Term Disability to Fortis through Blue Cross Blue Shield at $.28 per $100 of payroll effective January 1, 2002, as recommended by the Insurance Committee. OTC Board of Commissioners' Minutes November 6, 2001 Page 4 Market Price for the Solid Waste Management Tax Otter Tail County Resolution No. 2001 -57 Commissioner Nelson introduced the following resolution and moved its adoption: WHEREAS, the solid waste management tax requires political subdivisions to identify by resolution a market price if the political subdivision: Subsidizes the cost of service at a facility. WHEREAS, the political subdivision will be liable for the solid waste management tax based only on the market price amount identified through this resolution. WHEREAS, the market price is identified in state statutes as the "lowest price available in the area". WHEREAS, Otter Tail County has performed research to identify the lowest price available in this area; THEREFORE, the County of Otter Tail declares a market price of $48.00 per ton for a facility, based on a tipping fee amount of $48.00 per ton at Fergus Falls Resource Recovery Facility and an additional transportation cost or iQ_per ton. Adopted this 6th day of November, 2001. Dated: ~ 13, 2.Do( OTTER TAIL COUNTY BOARD OF COMMISSIONERS Attest /4:,:t ~ Larry Kro ~ Clrk Froemming, County Board Chair Used Can Crusher Motion by Nelson, second by Mosher, and unanimously carried to authorize the Solid Waste Director to sell a used can crusher to NAFF Enterprises in Downers Grove, IL, for $2,000 and to authorize the Solid Waste Director to sign the agreement between the entities regarding this sale. The can crusher will be delivered to Amazon Paint at a cost of $125 and NAFF Enterprises will pick the equipment up at that location. Approval to Pay Bills Motion by Nelson, second by Mosher, and unanimously carried to approve payment of County Board bills per Attachment A of these minutes which include the following lodging payments: Best Western Maplewood Inn Deputy Sheriff, Scott Koennicke Cragun's HHW Program Manager, David Stadum Doubletree Hotel Fraud Investigator, Al Anderson Ruttter's Detention Facility Administrator, Gary Waskosky Detention Facility Asst. Administrator, Al Keller Detention Officers, Jill Kluck, Jack Dawkins, Richard Akerman, and Anne Mueller Safety & Emergency Services Director, Sheldon Holm 0 0 lo 0 OTC Board of Commissioners' Minutes November 6, 2001 Page 5 Pine Lakes Improvement District Motion by Nelson, second by Lee, and unanimously carried to affirm the previous motion to approve the Re-establishment of the Pine Lakes Improvement District. Closed to the Public At 10:26 a.m., Chair Froemming declared the meeting of the Otter Tail County Board of Commissioners closed to the public for purposes of discussing labor negotiation strategies relative to the Human Services Professional and Support Specialist collective bargaining units. All seated commissioners were present along with the County Coordinator, County Attorney, and Recording Secretary. At 10:40 a.m., upon conclusion of the closed session, Chair Froemming declared the meeting open to the public for the remaining agenda items. Approval of Final Payment -C.P. 99:Salt Storage Building Motion by Lee, second by Mosher, and unanimously carried to approve Final Payment, in the amount of $49,582 per purchase order no. 60889, to Greystone Construction Company in Shakopee, MN, for the salt storage building roof trusses and fabric. Ditch Systems Ditch System No. 29: Ditch Inspector, Randy Wasvick, reported that permission has been received from the two landowners involved to remove a culvert that leads into Rush Lake in Ditch System No. 29 and a bid of $800 was received to do the work. Motion by Nelson, second by Mosher, and unanimously carried to authorize the Ditch Inspector to proceed with removal of this culvert in Ditch System No. 29 for an approximate cost of $800. Ditch System No. 63: Mr. Wasvick reported that he has received an estimate to repair a large hole in a field in Ditch System No. 63 and that some additional holes in the system also exist on an adjoining landowner's property. The total cost to repair all of these holes is based on an hourly charge plus materials and estimated not to exceed $5,000. Motion by Lee, second by Block, and unanimously carried to authorize the Ditch Inspector to proceed with repair of the holes as described in Ditch System No. 63 on an hourly basis plus materials estimated not to exceed $5,000. Otter Tail County will loan the money to the ditch system to be paid back by assessment to property owners at an interest rate as established by M.S. 278.08 and used for tax court judgments. Mr. Wasvick reported that Ted Hegseth rents property on a ditch system and there is a slough that drains into a wildlife property that he has problems keeping cleaned out. He has requested permission to tile into the ditch system rather than have an open ditch. Motion by Lee, second by Nelson, and unanimously carried to authorize tile work in this open ditch as long as the tile maintains the designed capacity of the system and all cost of the work is paid by the landowner with no cost to Otter Tail County. Ditch System No. 19: Mr. Wasvick stated that the township and property owners are requesting that a culvert be placed under a township road north of Horsehead Lake which will drain water to a culvert under C.R. 138 and then into Ditch System No. 19. In order to install a culvert, there must be an application to enter into the Ditch System and a redetermination of benefits would need to be completed. Discussion took place regarding the high water of Horsehead Lake causing problems on C.R. 42, installing a culvert with a valve before benefits are redetermined, the possibility of the township OTC Board of Commissioners' Minutes November 6, 2001 Page 6 road being washed out if a culvert is not installed this fall, a need for clean out of the culvert under Q C.R. 138 and a need to install a culvert under a driveway in order for the system to flow. DNR Hydrologist, Terry Lejcher, stated that the> Ordinary High Water Level (OHWL) has not been established on Horsehead Lake; however, it will be established next week. No action can be taken until the OHWL is established. He expressed concern regarding placement of the proper size culvert and pipe, etc. to be sure the ditch has capacity to hold the flow. Rodney Peterson, Kenny Noah, and Shorty Kingston spoke in favor of placing a culvert in this location and entering the ditch system. The OHWL will be established on Horsehead Lake, a petition from the township and an application to enter the ditch system is required, and the Ditch Inspector will return to the Board next week. Approval of Enhanced 911 Letter Motion by Froemming, second by Block, and unanimously carried to authorize the Chair's signature to approve a letter addressed to the Minnesota Public Utilities Commission regarding QWEST Communication's reluctance to follow the accepted NENA rules relative to Enhanced 911 services. Adjournment At 11 :47 a.m., a motion was offered by Block and seconded by Froemming, to adjourn the meeting of the Otter Tail County Board of Commissioners until Tuesday, November 13, 2001. Motion carried. Dated: _ ____,J\l{.ll_g_<>'l>e-,~-.,,. .. ~o~ ... '=rr-'Ll!.!...3.L,,.....;'2:::::00=/-' -·· ~a Larry Krotrn Clerk CB/kd OTTER TAIL COUNTY BOARD OF COMMISSIONERS By: ~ ~ Rogerl?emming, ountyBoardChair 0 0 0 0 11/07/2001 8:04:58 Otter Tail County Warrants November 6, 2001 Page 1, Attachment A OTTER TAIL COUNTY AUDITOR IFD66 PANELSON RECEIPTS AND DISBURSEMENTS SYSTEM COUNTY 56 WARRANTS FOR PUBLICATION PAGE 1 WARRANTS APPROVED ON 11/06/2001 FOR PAYMENT 11/06/2001 VENDOR NAME ALL BUILDING CORPORATION ALLIED FIRE PROTECTION INC ALLIED PUBLISHING SERVICE ALPHANATIONAL TECHNOLOGY AMERICAN INSTITUTIONAL SUPPLY, AMERICAN TOWER, L.P. AUTO GLASS SPECIALISTS INC. BATTLE LAKE AUTO PARTS BEAR GRAPHICS INC. DWIGHT BERVEN BEST INC. BEST WESTERN MAPLEWOOD INN BEYER BODY SHOP CARR'S LAKE COUNTRY SUPERMKT CARR'S TREE SERVICE INC PATRICK CEAS CHARLSON CONSTRUCTION & SNOW R COMMISSIONER OF TRANSPORTATION COMPUTER INFORMATION SYSTEMS COOPER'S TECHNOLOGY GROUP MYRON CORDES CORPORATE TECHNOLOGIES CRAGUN'S LODGE AND CONFERENCE DAKOTA GYPSUM DAN'S EXHAUST PROS DAVID ROMANN HAULING & LANDSCA DEER CREEK EXPRESS STOP, INC DELZER CONSTRUCTION INC. DEPARTMENT OF CORRECTIONS-STS DEPARTMENT OF PUBLIC SAFETY DIVERSION AUTO DOUBLE TREE HOTEL JAMES EASTMAN ELE INTERNATIONAL INC. ELECTION SYSTEMS & SOFTWARE IN FARGO GLASS AND PAINT CO FARNAM TIRE CENTER FERGUS ELECTRIC FERGUS FALLS MEDICAL GROUP FERGUS FALLS POLICE DEPARTMENT FERGUS FALLS SMALL ENGINE & TR CITY FERGUS FALLS FERGUS INTERNATIONAL INC. FERGUS SURPLUS FERGUS TIRE CENTER FORTWENGLER ELECTRIC SHOP FOTH & VAN DYKE G & K SERVICES DAVID GADOW AMOUNT 225.00 225.00 99.00 232.00 135.46 75.00 429.20 129.42 172.56 100.00 37,420.34 164.55 736.92 164.84 31. 79 3,466.81 81.90 9,644.26 11,000.00 1,198.94 4,089.95 458.33 28.51 38.55 128.37 2,012.85 207.26 400.00 100.00 510.00 20.86 106.88 175.61 1,369.44 1,478.96 1,036.25 25.00 966.54 3,298.25 728',94 60.83 135.25 33.64 47.13 109.17 92. 52 902.56 1,937.49 84.99 Otter Tail County Warrants November 6, 2001 Page 2, Attachment A OTTER TAIL COUNTY AUDITOR IFD66 ll/07/2001 8:04:58 PANELSON RECEIPTS AND DISBURSEMENTS SYSTEM COUNTY 56 WAR.RANTS FOR PUBLICATION PAGE 2 WARRANTS APPROVED ON ll/06/2001 FOR PAYMENT ll/06/2001 VENDOR NAME GALL'S INC. GE CAPITAL GERRY'S PARTS SUPPLY GOODIN COMPANY ERVIN HAGEN HALL GMC INC. NEILL HARDINA BERNARD HARTMAN DAVID HAUSER HEDAHLS HEADQUARTERS HEISLER'S COUNTRY OIL HENNING ADVOCATE. HENNING TRUSTWORTHY HARDWARE RAYMOND HENSCH TERRY HOFF HOLIDAY SHELDON HOLM THE HOME SHOP HOMESTEAD TOWNSHIP THE INDEPENDENT INFORMATION SYSTEMS CORP. INNOVATIVE OFFICE SOLUTIONS INSIGHT INTERSTATE INC. INTERTECHNOLOGIES GROUP J EGGUM METALS & RECYCLING ROBERT JACOBSON JK SPORTS INC. ERWIN JOHNSON K-MART KELLY SERVICES INC. KOEP'S CLITHERALL CORNER L & L SERVICE LAKE REGION HEALTHCARE LAKE REGION SURVEYING INC LAKELAND TRUE VALUE HARDWARE LAKES COUNTRY SERVICE LARRY OTT INC. TRUCK SERVICE LARRY'S SUPERMARKET LARSON-PETERSON & ASSOCIATES MALCOLM LEE LEGAL DIRECTORIES PUBLISHING C LARRY LEITCH LEWIS TRANSPORTATION SYSTEMS LIBERTY BUSINESS SYSTEMS INC LOCATORS & SUPPLIES INC. KAREN LUNDIN MARKHURD CORPORATION MARTIN'S PAINTING & MORE AMOUNT 103.97 233.65 4.13 161.54 6.59 188.26 140.00 70.00 120.61 227.03 5,371.59 341.29 24.08 343.20 42.07 307.82 452.76 268.0l 170,00 209.25 625.00 1,035.53 5,395.00 l,707.41 300.00 35.00 257,40 517.00 250.00 78.17 88.80 173.50 76.98 1,379.59 12,250.00 9.57 2,018.51 1,325.00 29.21 16,452.29 119.37 36.50 100.00 55,12 20.98 17.98 42.49 12,650.00 345.00 0 0 0 Otter Tail County Warrants November 6, 2001 Page 3, Attachment A 0 0 OTTER TAIL COUNTY AUDITOR IFD66 11/07/2001 8:04:58 PANELSON RECEIPTS AND DISBURSEMENTS SYSTEM COUNTY 56 WARRANTS FOR PUBLICATION PAGE 3 WARRANTS APPROVED ON 11/06/2001 FOR PAYMENT 11/06/2001 VENDOR NAME JAY MCEVERS MCIT WENDY METCALF METRO SALES INC MID-STATE SERVICES MIDWEST PRINTING CO. MN WEBWORKS NATIONAL BUSHING & PARTS CO. NATIONAL DISTRICT ATTORNEYS AS NELSON DODGE-GMC NETWORK SERVICES COMPANY NEW YORK MILLS HERALD DEVEN NICE NORTH COUNTRY RESTORATION NORTHERN IRRIGATION NORTHERN STATES SUPPLY INC. OFFICE DEPOT OK TIRE STORES OTTER TAIL CO RECORDER OTTER TAIL CO TREASURER JIM OTTERTAIL AGGREGATE OVERHEAD DOOR COMPANY .. OVERLAND MECHANICAL SERVICES PAMIDA INC. PARTAIN'S GUNSMITHING DONALD PEDERSON PELICAN RAPIDS PRESS PERHAM ENTERPRISE BULLETIN PERHAM STEEL & WELDING PETE'S AMOCO THE PIERCE CO. PITNEY BOWES INC. PMR 2000 PMX MEDICAL PRAIRIE IMPLEMENT INC. PRODUCTIVE ALTERNATIVES INC. QUALITY TOYOTA R & R READY MIX INC. RECYCLING ASSOCIATION OF MINNE REVIEW ENTERPRISES INC. ROCHE DIAGNOSTICS CORPORATION RUBNER WELDING & EQUIPMENT RUTTGER'S BAY LAKE LODGE SCHMITZ FORD SHERWIN WILLIAMS SIGNWORKS SIGNS & BANNERS SOUTH MILL SERVICE SOUTHTOWN C-STORE STADUM PLUMBING L.L.P. AMOUNT 429.00 80.00 143.33 751.00 76.40 170.40 10,000.00 35.78 210.00 32.62 631. 83 226.50 62.79 2,360.00 7.30 496.37 45.78 100.00 25.00 351.49 6,116.66 226.32 50,00 32.36 167.26 15.00 472.40 411.48 1. 38 189.50 42.27 828.57 40 . .95 126.31 15,000.00 196.36 135.00 511.20 10.00 294.49 532,50 9.26 2,847.57 27.99 95.80 35.00 2,551.43 244. 31 1,508.04 Otter Tail County Warrants November 6, 2001 Page 4, Attachment A OTTER TAIL COUNTY AUDITOR IFD66 11/07/2001 8:04:58 PANELSON RECEIPTS AND DISBURSEMENTS SYSTEM COUNTY 56 WARRANTS FOR PUBLICATION PAGE 4 **** WARRANTS VENDOR NAME APPROVED ON 11/06/2001 FOR PAYMENT 11/06/2001 AMOUNT STANTON GROUP STEIN'S INC. STENERSON LUMBER STEVE'S CYCLE STRAND ACE HARDWARE GENEVIEVE STRANDE STRINGER BUSINESS SYSTEMS INC SWANSTON EQUIPMENT CORP. TEEMARK CORPORATION DAVID THOMPSON TOOL CRIB OF THE NORTH UNIVERSITY OF MN DULUTH VERGAS ACE HARDWARE VICTOR LUNDEEN COMPANY VIKING OFFICE PRODUCTS VOSS LIGHTING WALLWORK TRUCK CENTER WALTERS PHOTOGRAPHY WES' FUEL STOP WEST GROUP PAYMENT CTR. LUCAS WESTBY WIDSETH SMITH NOLTING & ASSOC. 210 LUBE EXPRESS FINAL TOTAL ....•.. 654.50 3,270.35 386.20 106.08 43.94 35.00 92.28 200.00 17.88 140.00 13 0. 53 1,070.00 28. 93 992.42 59.12 165.80 69.98 82.71 84.20 523.98 60.00 1,619.51 128.50 $211,411.28 **** 0 0 0