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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 06/01/2004., • • • ' MINUTES OF THE l OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, 500 Fir Ave. W . Commissioners' Room Tuesday,June1,2004 9:30 a.m. Call to Order I The Otter Tail County Board of Commissioners convened Tuesday, June 1, 2004, at 9:30 a.m. at the Otter Tail County Government Services Cent~r 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 Lee, and unanimously carried to approve the County Board agenda of June 1, 2004, with the following changes: J 9:40 a.m. -Property Owner, Mel Frank, Canceled 10:50 a.m. -Court Services Director, Chuck Kitzman, Gr~nt Approval Approval of Minutes Motion by Mosher, second by Block, and unanimously carried to approve the County Board minutes of May 25, 2004, with corrections as presented. · Approval to Pay Bills Motion by Lee, second by Froemming, and unanimously carried to approve payment of the County Board bills per Attachment A of these minutes. Public Meeting -Allen Boyum Farm At 9:33 a.m, Chairman Nelson opened a Public Meeting for the pending issuance of a Minnesota Pollution Control Agency Construction Permit for expansion of the Allen Boyum Farm located in Section 35 of Clitherall Township in Otter Tail CoLnty. No one from the public was present. No action required. Discussion -Shoreland Issue Commissioner, Dennis Mosher, shared an issue that Property Owner, Mel Frank, is dealing ' with in regards to loading his motor home and the Shoreland Management Ordinance provision that does not allow two dwellings on a site. Discussion Regarding the Moratorium on the Creation of Cluster Developments Attorney, · Kris Svingen, appeared at the County Board meeting representing Homeland Investments. He stated that Homeland Investments is in the midst df a process set forth by the County's Shoreland Management Ordinance seeking approval! for a Conditional Use Permit for a cluster development for the Preserve at Echo Bay on the Pelican Lake chain. Mr. Svingen stated that he is seeking consideration to clarify the I effect of the May 25th resolution on the moratorium on cluster developments for his clients, as well as other ·clients in a similar situation. He stated that his clients have invested their life savings in this project and wanted the project to be judged on its merits. There is substan'tial case law that deals with the issue of moratoriums on zoning; however, there is no case law in this particular situation where the project is in the EAW process. Mr. Svingen exprJssed the importance of proper clarification of the effect of the moratorium relative to on-goingl developments and that OTC Board of Commissioners' Minutes June 1, 2004 Page2 . the clarification be cor:isist!;!nt with case law precedence. He asked for an opportunity to meet Q with the County Attorney on this issue and requested a two-week period for this input before a decision is made. ,, Commissioner Lee clarified that Ee.ho Bay is on Fish Lake (255 acre lake) which is a - separately numbered lake classified by the DNR. The proposed development is not on Pelican Lake. • I . • •\ ' • ' • • ~ I • ,. J Lengthy disc1Jssion fook place.regarding the application process of Echo. Bay and where t~ey ,_;:ire in the application·process. .. , • ; , c_,.. .. I~,. ':' . . -, Applicant, Jim Morken, talked about investment in this land and project and stated that a moratorium would be a financial hiudship. -From a stewardship prospective, he felt the , ch,1ster development_w~s the best way to. develop this land, - . , ' l , . ,,. . . . • . Tami Norgard of the Vogel Law Firm from F~rgo·, stated that she has been working with property owners_ .. · She expressed her opinion that the moratorium should apply to this development and identified several reasons why the County should apply revised zoning regulations to the proposed Echo Bay development.. Ms. Norgard spoke to the importance of the .County's responsibility to-assure .that this is a safe,. responsible development that does • -~. ' ' ' . ., ! • • ' • ' I,. '• • . • '. • --· ' •• not harm the environment rather than consider the financial situation of the developers .. She stressed that the one year moratorium may 'not affect the time that the development is actually started because of EAW requirements, comment periods, and potential law suits. . . . . . . ',, ' . . . County Attorney, David Hauser, stated_that he is willing to take input and that it makes sense to make a determination on action the Board has taken. There is a basis for the opinions on each side of the issue. Chairman Nelson requested. that the County Attorney proceed with .;research o_n the jssue ~nd return with _advice to th~ Qounty HOc!fd, , . -, ., , , . r-. , ·" \ , . 1 · • , 1 -r,-· ... , ·11-:: • 1 ··~ • , , ;.-\ ., . ,., Recess&Reconvene:_1,.1 • •. ;,.,.-,.·'; . At 10:08 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 10:15 a.m. ' I , . , •r-. Contract for .Perham Resource Recovery Facility ·litigation ... ('/lotion by Froem,ming, sepqn~ by Mosher,. and ya~ried with, Nelsol') ,?PPOS~d,, to authorize th~ Chairman's signature to execute a Contract bety,,een Otter Tail, Wadena, and 1:odd Cpuntieis and the Pemberton, Sorlie, Rufer & Kersh'ner Law· Firm· for legal work in the case of Barlow Projects, .File No. 2004-4104, regarding the. perham Resource. Recovery_ Facility .. The Contingent Fee Retainer provides for $50,000. to be split on a prorated portion between the .three ~~unties. , -;,--~.-. , · · , _ , . • · ,:; · · · · :_ ·-''• ~ --'_. • I' •~f_", ' ., . . Payment Approval . 'Motion by . Mosher, second . by. Bloc~. ,,and unanimously car_ried tq approve paymt3nt for .$16,695.00, payable to R~view .Enterprises, Inc·.: for the First anq Seco_nd, Publication of the • ' ,; ._. , • •-' • I ~ •• ~••-• \ ~ •· • • • ' ~• _-•'· • • ' '• - 2003Delinque_ntTaxlis.~.,,-_,,, ·:·• ... ·,, _., .... ,''; •::,'.,, . _ .. , ;: ,,_,·,:. ,' . -,-: , .. ,: ; • f • ' -, . \, 0 0 • • • 1:.,.::.-1:, ~ ~··r.i~:·r{.., ·~,:;·~. :••.If/::~->> I . . . , ·,¢«;''•'.• ,, •• ~ . OTC Board of Commissioners' Minutes June 1, 2004 Page 3 Game and Fish License Agent Contract Motion by Lee, second by Block, and unanimously carried to authorize the County Auditor's ' signature on the Game and Fish License Agent Contract between the State of Minnesota, Department of Natural Resources and Otter Tail County for the period of July 1, 2004, through February 28, 2009. Bid Opening Approval Highway Engineer, Rick West, reported that the plans for the temporary foundation repairs for the Mill at the Phelps Mill Park are complete and he requested authorization to proceed with bid opening for the project. Motion by Froemming, second by Block, ~nd unanimously carried to authorize the Highway Engineer to proceed with the Bid Opening for Temporary Foundation Repairs at Phelps Mill. Johnson etal vs. Otter Tail County Stipulation Motion by Mosher, second by Froemming, and unanimously carried to approve the Johnson etal vs. Otter Tail County Stipulation, Court File #C8-03-71, as pr~sented by the County Attorney. Approval of Final Payment Motion by Lee, second by Block, and unanimously carried to approve Final Payment, payable to Comstock Construction of Fergus Falls, in the amount of $33,825.12, for completion of Project No. F22082 . Remote Electronic Alcohol Monitoring Motion by Lee, second by Froemming, and unanimously carried to authorize the appropriate County officials' signatures to execute Amendment No. 2 to Grant I No. 4738 between the State of Minnesota DOC and the County of Otter Tail, which provides additional funds of $2,700.00 for the REAM Program for FY 2004. The REAM grant funds originally provided by the State for FY2004 were exhausted on March 5, 2004. Recess & Reconvene At 10:45 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. Work Release Services I Motion by Lee, second by Block, and unanimously carried to authorize the appropriate County officials' signatures to execute Amendment No. 2 to the Joint Powers Agreement between the County of Otter Tail Detention Facility and State of Minnesota DOC for additional funding of $14,500.00 for work release services for FY2004! Recess for Budget Committee Meetings At 11 :05 a.m., Chairman Nelson declared the meeting of the Otter Tail County Board of Commissioners recessed for Budget Committee meetings. Reconvene New York Mills Veterans Service Office I At 11 :38 a.m., Chairman Nelson reconvened the County Board meeting for discussion regarding staffing at the New York Mills Veterans Service Office. ~SO, Jourdan Sullivan, briefed the Board on the volunteer position in the New York MillJ office. This position I OTC Board of Commissioners' Minutes · June 1, 2004 Page 4 provided for clerical work and a presence in the office when the VSO travels to other parts of Q .the County to service veterans. . The .-volunteer has been· active for the past• fiver years; ,however, is now unable to continue with the·vcilunteer·activities. Mr. Sullivan expressed a heed fora permanent,,part time employee;.'however, because the funds are not budgeted, discussion took place about the possibility of hiring a temporary employee to assisfin getting the office caught up. Lengthy discussion continued. Motion by Lee, second by Mosher, and unanimously carried to authorize the Veterans Service. Officer to transfer, up to $4000,00, from the VSO Capital Improvement Fund to the VSO Operating Fund and approve hiring a temporary, part-time employee from a temporary service or to research otlier employment service progra·ms. : .:: · · ..• . ' ·~i.;. . I,,~-' License Application Motion by Mosher, second by Block, and unanimously application for license: carried to approve the following · BPOP Elks Lodge #1093 , , . . .. , .. 20970 Elks Pint RD PO Box 502 Fergus Falls, MN ' • :. . t Temporary On-Sale License·_ Date of Event -06/06/2004 · Recess & Reconvene At 12:10 p.m., Chairman Nelson declared the meeting of the Otter Tail County,'.Board of Commissioners recessed for lunch break. The meeting was reconvened at 1 :01 p.m. for scheduled agenda items. · · · · · · .• . ' . Technology Training GIS Coordinator, Sherry Leabo, briefed the County Board on the different types of specialized software used throughout the ,County.· She reported•thatweb based software-is the new product that is a way to deliver services that is here to ·stay·. She'expressed a strong need; however, that as new products evolve, that Otter Tail County works together among the many departments so the software· can be accessed and used to its fullest capabilities . . GIS Coordinator, Brian Armstrong spoke about their primary focus, parceling, and the.-value it could provide in the,planning stages of,development regulation. · Ditch·No. 43 : Ditch Inspector, Randy Wasvick,. reported •that he· received a letter and map .frohi Terry Lejcher frohi the DNRJorDitch No. 43. This Ditch is in Dane Prair[e Township and the township is trying to lower Rosvold Lake so they can save a township road (270th Avenue). Through the elevations as shown on the ,map presented by the Ditch Inspector, when Rosvold Lake is lowered, water will flow through Balstad Lake and into a wetland. They are tiling from the wetland west over to Tjostelson Lake. If they _do this at the elevation of Balstad Lake, wat~r·will end up at Madsen _Lake and could flow overland. Terry .Lejcher suggested that Ditch 43 apply for a permit fromithe DNR to allow the·uIe·to be-installed 0.5 feet below the Balstad Lake OHWL. Discussion continued. Motion by Mosher, second by Froemming, 0 and unanimously carried to authorize the.Ditch Inspector to apply for a permit from the DNR Q for Ditch System No. 43 forJhe purpose as_described above; at a cost of $75.00, to be paid .from the Ditch No.':43 Fund .. ·~· ,'. ,:: . ,, 1 • : .:1. r • : ,, , :. • ·. , , , · • , ,. • • • , 7t,~,;::··~t•i:,.·,;p~~··,1• .,,-..,-----11 Tp· .. •ri·-~ I ' 1•·· •, · .. ,'_, :.,.:~: 'J/',1',"i' OTC Board of Commissioners' Minutes June 1, 2004 Page 5 ,.< > Adjournment At 1 :33 p.m., Chairman Nelson declared the meeting Commissioners adjourned until Tuesday, June 8, 2004. of the Otter Tail County Board of I Dated: _ _,.{p<--_,1~5._--'-'Cee......L4 __ _ OTTER li COUNTY BOARD OF COMMISSIONERS Attest: ~ ~ LarryKron, Gerl< :~ CB/kd I' · I - '·•· .-. ' i ' ' 0 0 0 • 6/03/2004 8:36:31 • **** • ' .. OTTER TAIL COUNTY AUDITOR PANELSON RECEIPTS AND DISBURSEMENTS SYSTEM WARRANTS FOR PUBLICATION Otter Tail County Warrants June 1, 2004 Page 1, Attachment A IFD66 COUNTY 56 PAGE 1 WARRANTS APPROVED ON 6/01/2004 FOR PAYMENT 6/01/.2004 I VENDOR NAME AMOUNT RICHARD AKERMAN ASSOCIATION OF MN COUNTIES BATTLE LAKE FARMERS UNION OIL BOUND TREE MEDICAL LLC CARR'S LAKE COUNTRY SUPERMARKE COOPERS TECHNOLOGY GROUP CULLIGAN WATER CONDITIONING KATHY DOMHOLT EDGECO ERICKSON ELECTRONICS FERGUS FALLS MEDICAL GROUP CITY FERGUS FALLS FRONTIER PRECISION INC BERNARD GAMBER INNOVATIVE OFFICE SOLUTIONS INTERSTATE ENGINEERING INC KELLY SERVICES INC . LAKES COUNTRY SERVICE CO OP LARRY OTT INC TRUCK SERVICE MATERIALS MANAGEMENT DIVISION MN STATE BAR ASSOCIATION NELSON FORD LINCOLN MERCURY IN SYDNEY NELSON OTTER TAIL TELCOM PERHAM CO OP CREAMERY RILEY BROS CONSTRUCTION INC RINGDAHL AMBULANCE SERVICE STREICHERS VIKING OFFICE PRODUCTS WALTERS PHOTOGRAPHY FINAL TOTAL . . . .... 170.04 60.00 262.68 8.08 63.00 ,1.90 23.41 404.90 159.97 28.45 4,647.75 3,472.92 974.48 281.86 100.56 907.50 734.91 3.75 275.00 500.00 130.00. 3,424.17 174.39 63.85 91. 85 2,085.02 690.50 326.27 69.31 8.50 $20,145.02 ****