HomeMy WebLinkAboutBoard of Commissioners - Minutes - 06/01/2004.,
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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
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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.
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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.
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Lengthy disc1Jssion fook place.regarding the application process of Echo. Bay and where t~ey
,_;:ire in the application·process. .. , • ; , c_,.. ..
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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, -
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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.
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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-. , ·" \
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., . ,., 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. '
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, •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. , -;,--~.-. , · · , _ , . • · ,:; · · · ·
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., . . 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
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2003Delinque_ntTaxlis.~.,,-_,,, ·:·• ... ·,, _., .... ,''; •::,'.,, . _ .. , ;: ,,_,·,:. ,' . -,-: , .. ,:
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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
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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. : .:: · · ..•
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·~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
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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. · · · · · · .•
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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,
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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 • : ,, , :. • ·. , , , · • , ,.
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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<
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6/03/2004
8:36:31
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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 ****