HomeMy WebLinkAboutBoard of Commissioners - Minutes - 05/04/2004•
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MINUTES OF THE
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Government Services Center, 500 Fir Ave. W .
Commissioners' Room
Tuesday, May 4, 2004
9:30 a.m.
Call to Order
The Otter Tail County Board of Commissioners convened Tuesday, May 4, 2004, at
9:30 a.m. at the Otter Tail County Government Services Center with Commissioners
Syd Nelson, Chair; Bob Block, Vice-Chair; Roger Froemming, Dennis Mosher, and
Malcolm Lee present.
Approval of Agenda
Motion by Froemming, second by Mosher, and unanimously carried to approve the County
Board agenda of May 4, 2004, with the following changes:
( '11 :15 a.m. -Wayne Stein
11 :30 a.m. -Postponed Performance Evaluation
Approval of Minutes \ · 1 ;-· • •
Motion by Block, second by Lee, and unanimously carried to approve the County Board
minutes of April 27, 2004, as mailed.
Approval to Pay Bills
Motion by Mosher, second by Lee, and unanimously carried to approve payment of County
Board bills per Attachment A of these minutes.
Housing & Redevelopment Authority Update
Rehab Specialist, Dennis Christenson, provided a review and update of the HRA Housing
Programs. He reviewed projects completed and potential applications to be submitted this
fall under the Small Cities Development Program. He reported that Otter Tail County has
been approved for a $56,550 grant from the Department of Employment and Economic
Development to do "Lead Based Paint Hazard Reduction" on homes occupied by families
with a child under 6 with an elevated blood lead level.
Lead Hazard Control Grant Local Government Resolution
Otter Tail County Resolution No. 2004 -24
Commissioner Block offered the following and moved its adoption:
BE IT RESOLVED, THAT Otter Tail County acts as the legal sponsor for the Lead Hazard
Control Grant and the County Board Chairman and County Board Coordinator are hereby
authorized to apply to the Minnesota Department of Employment and Economic Development
(DEED) for this project on behalf of Otter Tail County.
OTC Board of Commissioners
May 4, 2004
Page2
BE IT FURTHER RESOLVED, THAT Otter Tail County HAS NOT VIOLATED ANY Federal,
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State, or local laws pertaining to .fraud, bribery, kickbacks, collusion, conflict of interest or C
other unlawful or corrupt practice. · ·
BE IT FURTHER RESOLVED, THAT Otter Tail County may enter into an agreement with. the
State of Minnesota for the above referenced project(s), and that Otter Tail County certifies
that it will comply with all applicable laws and regulations as stated in all contract
agref?rnen.ts. · · · ~ -.l1 ,) ::, :: ·1 . .) ~.r:
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NOW, THEREFORE,,BE IT RESOLVED, THAT the County Board Chairman and the Gounty
Board Coordinator or their successors are hereby authorized to execute .such agre~_me11ts, .
and ameridments thereto, as are necessary to implement the project.
Commissioner Mosher seconded the.motion, and upon being put to a vote, was unanimously
carried. · · ,.· ~-
Adopted and signed t~is 4th day of May, 2004.
Dated: __ ,S~-~I .... \ _-D_'/~---
Attest: }~~ ¢
·. Larry Kroh<le~.
OTTER
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oard Chair
Bid Award -Pelican Rapids Transfer Station
. After previously advertising for bids, Solid Waste Director, Mike Hanan,
following bids for the propose9 Pelic_an ~apids Transfer Station.
presented the
. Egge Construction. · :
.Pelican Rapids, MN
Comstock Construction
Wahpeton, NC
$2q4,36~.00
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$_282,782.00
All Building Corp $292,800.00
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Fergus Falls, MN . . .
Motion by Lee, second by Froemming, and unanimously carried to award the Pelican Rapids
Transfer Station project to the low bidder, Egge Construction of Pelican Rapids, in. the
amount' of $264,364.00. · , ,
Closed to the Public _ .
At 10:00 a.m., Chairman Nelson declared the meeting of the Otter Tail County Board of
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OTC Board of Commissioners
May 4, 2004
Page 3
Reconvene
At 10:26 a.m., upon completion of the closed session, Chairman Nelson declared the meeting
of the Otter Tail County Board of Commissioners open to the public and resumed with the
agenda items.
Highway Bid Award -Bridge Replacement Project
After previously advertising for bids, Highway Engineer, Rick West, opened the following bids
for S.A.P. 56-599-55, Bridge No. 56J12, at 1:00 p.m., on April 21, 2004:
Riley Bros. Construction, Inc.
Morris, MN
Gladen Construction, Inc.
Laporte, MN
$260,237.00
$328,253.06
Landwehr Construction, Inc. $540,605.76
St. Cloud, MN
Motion by Lee, second by Froemming, and unanimously carried to award S.A.P. 56-599-55
(grading, surfacing, bridge removal and culvert construction, Bridge No. 56J12) to the low
bidder, Riley Bros. Construction, Inc. of Morris, MN, at the bid price of $260,237.00.
Highway Bid Award -County Wide Seal Coat Project
After previously advertising for bids, the Highway Engineer opened the following bids for
S.A.P. 56-601-43 & Etc, at 1:00 p.m. on April 21, 2004:
Morris Sealcoat & Trucking, Inc.
Morris, MN
Asphalt Surface Technologies Corporation
St. Cloud, MN
Moorseal, Inc.
Marshall, MN
$946,806.88
$1,068,910.65
$1,133,455.64
Pearson Bros., Inc. $1,191,144.65
Loretto, MN
Motion by Mosher, second by Lee, and unanimously carried to award S.A.P. 56-601-43 &
Etc., County Wide Seal Coat Project to the low bidder, Morris Sealcoat & Trucking, Inc. of
Morris, MN, at the bid price of $946,806.88.
Highway Bid Award -2004 County Wide Traffic Marking _
After previously advertising for bids, the Highway Engineer open~d; t~E! .following bids for
C.P. 04:TM, 2004 County Wide Traffic Marking, at 1 :00 p.m. on April 21, 2004:
OTC Board of Com·missioners
May 4, 2004
Page4
Tri-State Striping, Inc.
·••Fargo, ND'·
Swanston Equipment Companies
Fargo, ND
$124,072.94
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$147,938.20 ·
Motion by Lee, second by Froemming, ·and. unanimously carried to award C.P. 04:TM, 2004
County Wide Traffic Marking to the low. bidder, AAA Striping Service Co., of-Rogers, ·MN, at
the bid price of $108,501.40 .
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Approval of Final Payments for Highway Projects; .. · · : ,
Motion by Mosher, second by Lee, and unanimously carried to approve Final Payment to
Mark Sand & Gravel Acquisition Co., of Fergus Falls, in thei amount of $68,712.94 per
Estimate No. 8 for completion of S.A.P, 56-653-07 & etc.
Motion by Lee;'second by Mosher, and unanimously carried to approve 'Final Payment to
Central Lakes Specialties, Inc. of Alexandria, MN, in the amount of $20,488.90, per Estimate
No. 8 for completion of S.A.P. 56-090-04. " · · ·
Recess & Reconvene -' . ,
At 10:51 a.m., Chairman Nelson 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.
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Otter Country Trail Association (OCTA)' : '
Otter Tail County Resolution No. 2004 -25
Commissioner Mosher offered the following and moved its adoption: · ,. , ,.
WHEREAS, Otter Tail County has sponsored Grant-In-Aid Systems in the past; and
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WHEREAS, acceptance of the Grant-In-Aid Systems proposed extensions are subject to the
review and approval of the County Attorney.
THEREFORE, BE IT RESOLVED that Otter Tail County shall continue to sponsor Grant-In-
Aid Trail Systems as they exist for Otter Country Trail Association and proposed extensions
of Grant-In-Aid Trails with the aforementioned condition. · :-
Commissioner Mosher seconded· the· resolution 'and, upon being put to vote, was
unanimously adopted. -.. · -' •· · · ' · ' • ·
Adopted this 4th day of May, 2004.
Dated:'··. ~-1\~·6y
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Approval of Temporary Position
OTC Board of Commissioners
May 4, 2004
Page 5
Bill Kalar, Land & Resource Director, requested approval of a temporary summer position to
be funded by a Fish & Wildlife grant. Motion by Block, second by Mosher, and unanimously
carried to approve a temporary position in the Land & Resource Department, funded by a
Fish & Wildlife grant, for biological weed control from May 25, 2004 through August.13, 2004.
Discussion -Specific Plats
Recorder, Wendy Metcalf, discussed with the Board, issues that could result from recording a
plat that contains both torrens property and abstract property. Several solutions were
discussed including amending the Subdivision Controls Ordinance. Interim zoning by
resolution that is effective for only one year may be a short term solution. Ms. Metcalf will
research the process further.
Agreements Approved
Motion by Lee, second by Mosher, and unanimously carried to authorize the County Auditor's
signature to execute the County Combined Voter Registration-Driver's License Application
Data Access and Intended Use Statement.
Motion by Froemming, second by Lee, and unanimously carried to authorize the following:
1. the County Auditor's signature to execute the One-Time Rental of
Equipment, Sale of Services and License of Software Agreement with
Election Systems and Software, Inc.
2. change the total quantity from 25 to 26 (Effington Township will pay the
rental fee for the 26th• unit) .
3. payment of $15,762.50 to Election Systems and Software, Inc. from
the Election Capital Outlay Budget.
4. add to the agreement that rental dollars could be applied to the
purchase of the equipment if purchased by 01/01/2005.
Meeting with the City of Fergus Falls
At 11 :30 a.m., The County Board went to the City of Fergus Falls Council Chambers for lunch
and discussion. The informal session began at noon regarding the County's role in solid
waste activities and responsibilities. Solid Waste Director, Mike Hanan, and Recycling
Manager, Rick Denzel, the County Attorney, and County Coordinator attended the session
along with the County Board members. The session ended at 1: 15 p.m. and the Board
members returned to the Government Services Center with the Otter Tail County Board
meeting recessed until 2:00 p.m.
Consideration of Ditch No. 38 Redetermination of Benefits
Chairman Nelson reconvened the meeting of the Otter Tail County Board of Commissioners
at 2:00 p.m. for consideration of the Ditch No. 38 Redetermination of Benefits. There were
approximately 1 O members of the public present along with the Ditch Inspector, Ditch
Viewers, Land & Resource Director, County Auditor, County Attorney, and County
r.nnrrlin t r
OTC Board of Comrnissioner's
May 4, 2004
'Page 6
make a determination. Viewers ·presented their report ahd a· Public Hearing was held in New
, York Mills ori April 20; 2004: · The County.Board is· now tci determine ·whether-or notto adopt
•,the benefits as determined by the Ditch"Viewers: , The Viewers·were asked to look at a few
sites where it may b~ appropriate to make some·minor adjustments. Mr. Hauser stated that
theire m·ay be questions about what repairs· could· or 'should be done, 'However, the purpose
of this meeting is whether or not to adopt the redetermination of benefits as presented by the
Ditch Viewers or as modified. ·, • · · · · · . .. ', . .\.
Ditch ·inspector; Randy Wasvick; stated that the ·Viewers 16'oked at 6' parcels, ·5' different
· property ·owners.'. Minor Changes· were made on 'most parcels with the ·exception"of one ·
•parcel which was more than minor changes. That'parCel had a life estate easement given to
NRCS on a lot of wetlands. Much of the land that originally was determined as tillable'had
quite of bit of peat on the land that didn't show up on the maps. The Viewers added 30 acres
to the wetlands with no benefit and 29.92 acres were taken off of tillable land and added to
pasfure• land'.• Mr. Wasvlck reported that the changes have been included ·-in the Ditch
·Viewers report; however,-tlie·modified report has not-beeh'rriailed to·landowners. ·: •,, · ,.
At 2:05 p.m., Chair Nelson opened the meeting to the public.
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Calvin Mukala expressed concern ttiat the waten:in,his' property does, nofflow into the ditch.
Mr. Wasvick stated that the Ditch \/iewers made ·a .minor change on one of his 'parcels but no
other changes as it was determined that the·water can move under the bridge and into the
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Ditch. Mr. Mukala 'asked what he could,-do if he did not'agree with the Ditch Viewers report
regarding the flow of water on his property. The County Attorney stated that he would have C
the right·to.appeal-the·decision to District Court. 1Mrs. Mukala'expressed concern that the
culvert is too high and the water can't drain under CH 135:: •
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Mr. Mukala presented a petition against the proposed project. consisting· of: cleaning and
repairing County Drainage System Number 38 containing 72 signatures. . . ·-'. . ~ ' --
Gary Buckmeie(expressed coricern regarding' overflow downstream. ble also asked about
whether or not culverts-will be changed .. Mr. Wasvick stated'that th·e culverts underneath.two
township roads may be lowered,, The culverts ·Linder County or main highways will not '.be
,changed. · :fhere was lengthy ,discussion regarding' wetlands, who· -has jurisdiction over
:wetlands, Happy Jack Lake and DNR jurisdiction. over lakes and public. waters .. . .
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Calvin Mukala asked when the County Board will determine whether this project will be done·
or not done.
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Mr: Hauser.stated that, as the.Drainage· Authority: ,it is the County Board's resp·onsibility·to
·determine what repairs need' to be done and· the· County Board . has, an independe·nt
responsibility tci monitor' ditches and keep them in repair. · The County Board can take into
·consideration the petition' and landowners comments.-: The: County ,Board has listened and
,1,1.-. ................................... 1 .... , , · .............. + +hi ... ,.., .......... l"\I ,♦ nn.o ....... r1 onnlo u,hn rln nnt \Al~n+ it nnn ~Q
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OTC Board of Commissioners
May 4, 2004
Page 7
Gary Toepper stated that there are inconsistencies with the Ditch System and he felt the
Redetermination should be re-evaluated
Concern was expressed that New York Mills has caused so much extra water going into the
Ditch System.
Concerns were expressed that if wetlands are drained, the farmers may lose some of their
farm payments. Mr. Wasvick stated that he is working with wetland people and will not be
draining type Ill wetlands. A hardship down river in the case of heavy rainfall was expressed.
Commissioner Lee and Mosher expressed confidence in the Ditch Viewers Redetermination
of Benefits. Motion by Block, second by Froemming, and unanimously carried to accept the
Ditch Viewers Report as amended.
Adjournment
At 2:55 p.m., Chairman Nelson declared the meeting of the Otter Tail County Board of
Commissioners adjourned until Tuesday, May 11, 2004.
Dated:._~5--'-"--.._I ._l -_,O"-l/_.__ __ _
Attest ~ ii LarryKrn, Cerk
CB/kd
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Otte.r Tail County Warrants
May 4, 2004
Page 1, Attachment A
OTTER TAIL COUNTY AUDITOR
PANELSON RECEIPTS AND DISBURSEMENTS SYSTEM
WARRANTS FOR PUBLICATION
WARRANTS APPROVED ON 5/04/2004 FOR PAYMENT
VENDOR NAME
A-1 LOCK AND KEY AMERICAN INSTITUTIONAL SUPPLY
ASSOCIATION OF MN COUNTIES
AUTO GLASS ASSOCIATES
AUTO SAFETY SERVICE .
BERT'S TRUCK EQUIPMENT OF MHD BEYERS BODY SHOP INC BRANDON COMMUNICATIONS INC
BROCK WHITE COMPANY LLC
CONSTRUCTION BULLETIN MAGAZINE
COOPERS TECHNOLOGY GROUP CULLIGAN WATER CONDITIONING
CUTLER MAGNER COMPANY
DACOTAH PAPER COMPANY
JEFFREY DAWSON
DICKS STANDARD
EARL F ANDERSEN INC ECONO SALES AND SERVICE
ROBERT EHLERT
FERGUS ELECTRIC
FERGUS FALLS NEWSPAPERS INC
FERGUS FALLS POLICE DEPT
FERGUS FALLS SMALL ENGINE & TR
FLOOR TO CEILING STORE .
FRONTIER PRECISION INC GARAGE DOOR STORE
GENE'S SPORT SHOP
GENERAL PARTS INC
GODFATHERS EXTERMINATING INC
GOODIN COMPANY GOPHER STATE ONE CALL
ERVIN HAGEN HARMS TOWING & SERVICE HEDAHLS HEADQUARTERS
HENDRICKX ELECTRIC
HENNING AUTO PARTS INC
HENRY'S FOODS INC HITESMAN & ASSOCIATES PA
HOLIDAY CREDIT OFFICE INDEPENDENT EMERGENCY SERVICES
INNOVATIVE OFFICE SOLUTIONS
INPRO CORPORATION INTERPOLL LABORATORIES INC
INTERSTATE INC·
JIM HATCH SALES CO
JIM'S BODY SHOP JOHN'S CAR CARE CENTER KELLY SERVICES INC KNUTSON ELECTRIC REBUILDING
AMOUNT
18.96
313.68
50.00 339.01
166.29
5,027.31
69.23
8,847.82 1,549.58 462.22
9.46
10.65 4,387.12 114.93
100.00
19.65
664.14
123.76 422.97 45.00 120.00 71.89
15.83
159.22
118.85
610.67
1,549.56 137.85
305.66
74.10
2.30
14.19
144.20 15.72
63.10
19.47
572.93
30.00
385.24
5,307.68
1,267.83 114.59 1,226.50 1,049.35
4,234.71
75.00 198.36
489.94
414.51
IFD66
COUNTY 56 PAGE 1
5/04/2004
Otter Tail ,County Wa'rrants.
May 4, 2004 ~
Page 2; Attachment A
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5/04/2004 12:24:23
OTTER TAIL COUNTY AUDITOR IFD66
PANELSON RECEIPTS AND DISBURSEMENTS SYSTEM COUNTY 56
WARRANTS FOR PUBLICATION PAGE · 2
WARRANTS APPROVED ON ;5/04/20°04 ·FOR·PAYMENT 5/04/2004
VENDOR NAME
L & L SERVICE .
LAB SAFETY SUPPLY INC
LAKE REGION HEALTHCARE CORP LAKES COUNTRY SERVICE ·co OP LARRY OTT INC TRUCK·SERVICE
LIEBERMAN CO INC
LOCATORS & SUPPLIES INC .
MATTHEW BENDER & COMPANY INC
MERICKEL LUMBER & ACE HARDWARE
MINNESOTA WEST COLLEGE
DENNIS MOSHER
NANIK'S ELECTRIC NELSON DODGE GMC SYDNEY NELSON
NETWORK CENTER COMMUNICATIONS
NETWORK SERVICES COMPANY
NORTH UNION TEXACO
NORTHWEST DIVERS
OLSON OIL CO INC · ;
OTIS ELEVATOR CO ·· ·
OTTER TAIL CO TREASURER OTTER TAIL PUBLIC HEALTH OTTER TAIL TELCOM ' · · , ·
DONALD PEDERSON · ,
PELICAN RAPIDS PRESS .. PERHAM AUTO WRECKING INC PETE'S BODY SHOP.& TOWING DAVID PETERSON .
PRODUCTIVE ALTERNATIVES INC
PROTECTIVE SAFETY SYSTEMS LLC
PUBLIC SAFETY CENTER INC THE RENTAL STORE .
REVIEW ENTERPRISES INC
ROCKLER WOODWORKING & HARDWARE SERVICE FOOD SUPER ·VALU SHERWIN WILLIAMS . ·
SIMPLEXGRINNELL LP
SOUTHTOWN C-STORE ·
STEINS INC
STREICHERS
SUN GRO HORTICULTURE
SWEENEY BROS TRACTOR CO
KELLY THOMAS
THYSSEN KRUPP ELEVATOR CORPORA
TNT REPAIR INC TONY DOOM SUPPLY.·CO INC
TOOL CRIB OF THE:NORTH TOWER 2000 .. .
STUART TRELSTAD
AMOUNT
, ·r·, 31.45 ·: ., 254. 06
' ' 405. 60
SO.DO
750.00
'62 .01
96.36 '· 73 .40 ·
·111. 53
516 .. 00
71.61
510.25 757.25 23.10
.90 .00 406.69
761.15
3, 759;05'
1,340.34 79.00
1, ~~~ J½
202.30 63.59
61.80 191.70
344.53 59.35 · 240.70 1,835.00
344.91
31. 94 .
'25.00
338.57
-9. 79 27.68
172.53
279.07
1,661.82
2,246.51
427.99
2,733.34 . ·s0.33
1,036.78
224.85
570.88
741.25
1,375.00.
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12:24:23
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Otter Tail County Warrants
May 4, 2004
Page 3, Attachment A
OTTER TAIL COUNTY AUDITOR . .IFD66 PANELSON RECEIPTS AND DISBURSEMENTS SYSTEM WARRANTS FOR PUBLICATION
WARRANTS APPROVED ON 5/04/2004 FOR PAYMENT
VENDOR NAME
VISIONS GLASS
VOSS LIGHTING
WACCO WORTHINGTON DIRECT YORK INTERNATIONAL CORP
ZIEGLER INC 210 LUBE EXPRESS 3 D SPECIALTIES INC 4-H LEADERS COUNCIL 4-H PLAT BOOK PROJECT
AMOUNT
199.55
180.42
225.00
489.44 1,740.27
94.44
164.64 86.67 100.00 298.00
COUNTY 56
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5/04/2004
FINAL TOTAL ..... ; • $72,361.72 ****
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