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Home My WebLink AboutBoard of Commissioners - Minutes - 09/07/2004• • • MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, 500 Fir Ave. W . Commissioners' Room Tuesday, September 7, 2004 9:30 a.m. Call to Order The Otter Tail County Board of Commissioners convened Tuesday, September 7, 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 September 7, 2004, with the following additions: Tax Court Stipulation Settlement Lease Extension for Cavour Avenue Building Approval of Minutes Motion by Lee, second by Block, and unanimously carried to approve the County Board minutes of August 24, 2004, as mailed. Approval to Pay Bills Motion by Lee, second by Mosher, and unanimously carried to approve payment of the County Board bills per Attachment A of these minutes. Water Retention Study for Red River Basin Lynette de Silva, Senior Research Analyst for the Energy & Environmental Research Center in Grand Forks, ND, updated the County Board on the EERC's flood control study known as the Waffle Study. This study is a means of looking at the Red River Basin and addressing flood mitigation for spring flooding events similar to the flood of 1997. She explained the feasibility study and approach of temporarily storing water in fields, wetlands, and ditches and then systematically releasing that water in a controlled manner. Ms. de Silva stated that all factors of this approach are being studied including economic and ecological affects on the local area. Comment and discussion took place. There is a website for access to updated information as the study progresses. A report will be completed with the study ending in the spring of 2006 and the data will be available to local government units to be used in any capacity deemed appropriate. HRA Tax Levy Request for CY2005 Housing & Redevelopment Authority Executive Director, Jeff Gaffaney, presented a formal request for operational funds that allows the HRA, through Otter Tail County, to levy the amount of $200,000 in 2005. The Budget Committee had given preliminary approval of $150,000 for 2005. Discussion took place regarding the HRA programs and the benefits of the programs in the communities. Motion by Mosher, second by Block, and unanimously carried to levy $200,000 for the Housing and Redevelopment Authority for CY2005. OTCo. Board of Commissioners' Minutes September 7, 2004 Page 2 Market Price for the Solid Waste Management Tax Otter Tail County Resolution 2004 -42 Commissioner Lee offered the following 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 the area; THEREFORE, the County of Otter Tail declares a market price of $57.17 per ton for a facility, based on a tipping fee amount of $57.17 per ton at Fergus Falls Resource Recovery Facility and an additional transportation cost of iQ per ton. Commissioner Froemming seconded the motion, and upon being put to a vote, was unanimously carried. Adopted and signed this ?1h day of September, 2004. Dated: __ 9.J..+c-/1---'1/+/=oc...'-l----17 Resolution for 5 Year Extension on County Solid Waste Plan Otter Tail County Resolution No. 2004 -43 Commissioner Froemming offered the following and moved its adoption: WHEREAS, the legislature of the State of Minnesota requires that Minnesota's counties develop a Solid Waste Management Plan in accordance with Minn. Statutes §§115A.46; 115A.417; Minn. Statutes §§115A.551 subds. 6-7; 115A.552, 115.557, subd. 2-3, 115A.63; Minn. Statute §115A.84; Minn. Statute §115A.914; Minn. Statute §115A.96, subd. 6-7; Minn. Statute §115A.97; and all applicable statutes and rules; and WHEREAS, Minnesota counties recognize the need to plan for and practice environmentally sound methods of managing solid waste; WHEREAS, in 2002, the legislature of the State of Minnesota enacted legislation to allow Solid Waste Management Plans to be approved for a (10) ten year period; and • • • OTCo. Board of Commissioners' Minutes September 7, 2004 Page 3 WHEREAS, Otter Tail County received approval for their updated Solid Waste Management Plan from the Minnesota Office of Environmental Assistance on April 18, 2002; and NOW, THEREFORE, BE IT RESOLVED, that the Otter Tail County Board of Commissioners hereby requests that the Minnesota Office of Environmental Assistance extend their approval of this plan from the approved five (5) years to the ten (10) year period through April 18, 2012; and BE IT FURTHER RESOLVED, that Otter Tail County agrees to maintain and implement the Plan Update as required by Minn. Rules; and BE IT FURTHER RESOLVED, that the Otter Tail County Board submits this request to the Director of the Minnesota Office of Environmental Assistance for approval pursuant to applicable Minnesota laws and rules. Commissioner Mosher seconded the motion, and upon being put to a vote, was unanimously carried. Adopted and signed this ih day of September, 2004. Dated : _ __,C--1-· '!_,_l-"-i--1.Lf-1-l-=c_,'f'-------r I Attest k.:,: a Lafry Kro ~ Clerk OTTE OARD OF COMMISSIONERS By:+=+!-:-'L'-'-"-.----!--f---<:-'::"""'---:-::c--::------ Payment Approval Motion by Lee, second by Mosher, and unanimously carried to authorize payment to Egge Construction, Inc., in the amount of $100,029.57, for the first payment for construction of the Pelican Rapids Transfer Station. Minnesota Department of Corrections Advisory Board Melanie Cole, representing the MN DOC, explained that one of the State DOC's initiatives is to organize an Advisory Board to assess local needs and to provide information to the public about the duties of the DOC. She requested that a commissioner serve on the committee. Motion by Block, second by Froemming, and unanimously carried to approve Chairman Sydney Nelson's membership on this committee. Ms. Cole plans to meet with the committee the first Thursday of each month at 9:00 a.m. in various parts of the County. Approval of Final Plat Motion by Mosher, second by Lee, and unanimously carried to approve the Final Plat of Elmer Colton Trust Agreement known as "Wild Wings Estates" located in Section 4 of Clitherall Township. Conditional Use Permit Extensions Motion by Mosher, second by Froemming, and unanimously carried to authorize an extension of the Conditional Use Permit for Waters Edge to October 1, 2004, to provide for completion OTCo. Board of Commissioners' Minutes September 7, 2004 Page4 of construction of the road to service the plat. contingent upon use of appropriate temporary erosion control measures. Motion by Froemming, second by Lee, and unanimously carried to authorize an extension of the Conditional Use Permit for West Leaf South View until October 1, 2004, to provide for completion of construction of the road to service the plat. subject to implementation of appropriate temporary erosion control measures. State Inspection -Septic Systems in Shoreland Areas Land & Resource Director. Bill Kalar. reported that compliance checks on septic systems are often required by lending institutions when a property owner is requesting a loan or re- financing. The Land & Resource office has not been doing these inspections because the inspectors have not had time. Motion by Lee. second by Mosher, and unanimously carried to allow existing septic system compliance checks by Minnesota State Licensed Inspectors/Designer 1. This information must be provided to the County Land & Resource Office. Recess & Reconvene At 10:40 a.m .• Chairman Nelson recessed the meeting of the Otter Tail County Board of Commissioners for a short break. The meeting was reconvened at 10:45 a.m. Ditch No. 56 Ditch Inspector. Randy Wasvick, requested permission, on behalf of Chad Nelson. to remove trees and debris from Ditch No. 56 on his property. Motion by Froemming, second by Mosher. and unanimously carried to authorize Chad Nelson to remove some trees and debris from Ditch No. 56 at no cost to the County and contingent upon no disturbance to the nearby wetlands. Ditch No. 68 Mr. Wasvick reported that he has received a request to remove two beaver dams and clean out a culvert under a minimum maintenance road in Ditch No. 68. He stated that there is no money in this ditch system to pay the cost, which he estimated at $1,000. The Auditor stated that an assessment could be implemented. Motion by Froemming. second by Block. and unanimously carried to remove the beaver dams and unplug the culvert. Ditch No. 12 & 21 Mr. Wasvick reported problems with beaver plugging a recently installed culvert on Gene Norgren's property in Ditch No. 12 and also. problems with beavers in Ditch No. 21. Discussion followed. Motion by Block, second by Froemming. and unanimously carried to authorize Ditch Inspector, Randy Wasvick, to provide for cleaning out of beaver dams and/or trapping beavers in County Ditch Systems when deemed necessary. Absentee Ballot Board Motion by Mosher, second by Lee, and unanimously carried to appoint the following to the Absentee Ballot Board for the September 14, 2004 State Primary Election: John Molter & Arlene Nycklemoe • OTCo. Board of Commissioners' Minutes September 7, 2004 Page 5 Extended Hours for General Election Motion by Block, second by Mosher, and unanimously carried to authorize the Auditor to extend the hours of operation for the Licensing Center on General Election Day. Payment Approval Motion by Lee, second by Block, and unanimously carried to approve payment to Central Minnesota Health Center, in the amount of $1,200.00 to retain the service of Dr. Bordewick for an Otter Tail County Department of Human Services matter. Installation of Railroad Crossing Agreement Motion by Mosher, second by Lee, and unanimously carried to authorize the appropriate County official's signature to execute an Agreement for the Installation of Full Depth Concrete Crossing Surface Material on the Otter Tail Valley Railroad Company on Otter Tail County Highway 86, DOT #103262E near Fergus Falls. Wetland Setback Discussion Commissioner Malcolm Lee briefed the County Board on an issue where an individual is building near a wetland. Commissioner Lee offered a motion to establish not less than a 300' building setback from a wetland in Otter Tail County. County Attorney, David Hauser, stated that to accomplish a County wetland setback, the County would need to establish countywide zoning. Chairman Nelson called for a second to the motion. No second was offered. The motion died for lack of a second. • Motion by Mosher, second by Block, and unanimously carried to refer the wetland setback request to the Committee addressing development issues relating to the recent Cluster Development Moratorium and other development issues expressed by the public at recent public hearings. • Tax Court Appeal Motion by Mosher, second by Froemming, and unanimously carried to authorize the Chairman's signature to execute the Tax Court Stipulation Order for Judgment for Donald F. Monk & Shelby S. Monk, Court File No. C1-03-428. Extension of Lease Agreement Motion by Lee, second by Froemming, and unanimously carried to extend the current rental lease agreement between the County of Otter Tail and US bancorp for rental space at the County-owned Cavour Avenue Building at a cost of $8.50 per sq. ft. Annual Candlelight Vigil Motion by Lee, second by Block, and unanimously carried to approve the annual Candlelight Vigil as requested, on Thursday, October 7, 2004, on the Courthouse grounds and first floor of the Courthouse in case of inclement weather. Appraisal for Sale of Cavour Avenue Building Motion by Mosher, second by Block, and unanimously carried to approve the quotation of Investment Realty of Fergus Falls to complete an appraisal of the County-owned building on Cavour Avenue at a cost of $1,000. OTCo. Board of Commissioners' Minutes September 7, 2004 Page 6 Adjournment At 12:05 p.m., Chairman Nelson declared the meeting of the Otter Tail County Board of Commissioners adjourned until Tuesday, September 14, 2004. Dated: __ 94/-'1'--'~+-/=--o .,_'f ___ _ Attest ~ ¢ LarryKro: Cle CB/kd • Otter Tail County Warrants September 7, 2004 Page 1, Attachment A 9/07/2004 12:13:56 OTTER TAIL COUNTY AUDITOR PA.c,ELSON RECEIPTS AND DISBURSEMENTS SYSTEM WARRANTS FOR PUBLICATION IFD66 COUNTY 56 PAGE 1 • • WARRANTS APPROVED ON 9/07/2004 FOR PAYMENT 9/07/2004 VENDOR NAME A-1 LOCK AND KEY A'VIANDS LLC AGGREGATE INDUSTRIES INC ALL CREATURES VET HOSPITAL AMERICAN INSTITUTIONAL SUPPLY AMERICAN SOLUTIONS FOR BUSINES ARK & SPARK ARMOR HOLDINGS FORENSICS INC ATCO INTERNATIONAL GAYLON BAKKEN BARRETT EMS TRAINING BATTLE LAKE MARINE INC BEAR GRAPHICS INC BEYER BODY SHOP INC BETSY BJERKLIE BLESI-EVANS COMPANY ROBERT BLOCK BOB BARKER COMPANY INC BRANDON COMMUNICATIONS INC BRIGGS CORPORATION CARR'S LAKE COUNTRY SUPERMARKE CATCO CITIZENS CRITERION COMMISSIONER OF TRANSPORTATION COOPERS TECHNOLOGY GROUP JEREMY COSSETTE CUMMINS NPOWER LLC DAKOTA FLUID POWER INC DITCH WITCH OF MINNESOTA INC DIVERSION AUTO DYNAMIC IMAGING SYSTEMS INC EAST OTTER TAIL 4 H FEDERATION ELEMENT K JOURNALS EMBLEM ENTERPRISES INC ERICKSON ELECTRONICS FERGUS ELECTRIC FERGUS FALLS MEDICAL GROUP CITY FERGUS FALLS FERGUS INTERNATIONAL INC FERRELLGAS FLAG POLE SERVICES FLOOR TO CEILING STORE FORTWENGLER ELECTRIC SHOP FRONTIER PRECISION INC GENERAL PARTS & SUPPLY CO GRAINGER INC HENRY'S FOODS INC HILLTOP LUMBER INC HOBART SALES & SERVICE AMOUNT 107.42 9,436.05 492.03 35.09 185.88 3,002.92 16.99 56.50 423.00 109.99 855.00 20.79 3,493.29 206. 63 46. 48 194.48 45.00 188.40 45.00 91.51 600.51 233.26 142.80 11,560.63 6.77 6.38 63.74 98.46 82.07 2,031.15 3,115.05 8.00 147.00 205.64 25.00 707.71 1,760.25 102,037.57 8.14 56.71 175.00 853.53 102.32 383.15 3 8. 56 643.42 402.78 16.54 454.48 Otter Tail County Warrants September 7, 2004 Page 2, Attachment A 9/07/2004 12:13:56 OTTER TAIL COUNTY AUDITOR PANELSON RECEIPTS AND DISBURSEMENTS SYSTEM WARRANTS FOR PUBLICATION WARRANTS APPROVED ON 9/07/2004 FOR PAYMENT VENDOR NAME HOLIDAY CREDIT OFFICE INNOVATIVE OFFICE SOLUTIONS INSIGHT PUBLIC SECTOR INTERSTATE INC INTERTECHNOLOGIES GROUP J-CRAFT DIV OF CRYSTEEL MFG IN MICHELLE JORGENSON KMART KELLY SERVICES INC LAKE COUNTRY PAVING INC LAKE REGION ELECTRIC CO OP LAKE REGION HEALTHCARE CORP LAKES COUNTRY SERVICE CO OP LARRY OTT INC TRUCK SERVICE MALCOLM LEE MATTHEW BENDER & COMPANY INC MCCC MI 33 STEWART MENSING MINN KOTA COMMUNICATIONS INC MN DEPT OF AGRICULTURE MN DEPT OF LABOR AND INDUSTRY MN ST BOARD OF ASSESSORS MN STATE BAR ASSOCIATION MOORE MEDICAL CORP DENNIS MOSHER MPELRA MTI SOLUTIONS LLC CHERYL MUCHOW NELSON DODGE GMC OFFICEMAX A BOISE COMPANY OTTER TAIL CO EMPLOYEES COMMIT OUREN CONSTRUCTION INC OVERLAND MECHANICAL SERVICES PAMIDA INC 008 PAMIDA PHARMACY PELICAN RAPIDS PRESS PERFORMANCE PAVING & SEALCOATI PERHAM JEWELRY & REPAIR PERHAM MEMORIAL HOSPITAL & HOM PETE'S AMOCO PITNEY BOWES PRO AG FARMERS CO OP PRO TECH SPORTS PRODUCTIVE ALTERNATIVES INC PUBLIC SAFETY CENTER INC PURCHASE POWER JACK SANDBERG SCHMITZ FORD CHERI SCHULTZ AMOUNT 424.01 1,114.88 1,591.55 2,035.25 900.00 563.24 245.00 9.52 2,117.67 6,882.88 so.co 615.40 52.40 550.00 149.25 91.60 2,109.93 117.00 119.15 10.00 60.00 55.00 44.00 29.70 54.40 80.00 3,160.00 43.26 707.94 19.19 31.00 64.00 179.12 32.90 2,849.02 199.05 420.00 38.00 10.00 20.00 82.26 127.46 724.81 203.11 236.21 60.00 100.00 71.64 41.05 IFD66 COUNTY 56 PAGE 2 9/07/2004 • 9/07/2004 12:13:56 • Otter Tail County Warrants September 7, 2004 Page 3, Attachment A OTTER TAIL COUNTY AUDITOR PANELSON RECEIPTS AND DISBURSEMENTS SYSTEM WARRANTS FOR PUBLICATION IFD66 COUNTY 56 PAGE 3 WARRANTS APPROVED ON 9/07/2004 FOR PAYMENT 9/07/2004 VENDOR NAME SEWER SERVICE SHERWIN WILLIAMS SHESHUNOFF INFORMATION SERVICE SIGNWORKS SIGNS & BANNERS TODD SMEDSTAD SOUTH MILL SERVICE SOUTHTOWN C-STORE STEINS INC STENERSON LUMBER SUPERIOR LAMP INC JOSLYN THOMPSON MARCIA THOMPSON UNIFORMS UNLIMITED VICTOR LUNDEEN COMPANY VIKING OFFICE PRODUCTS WADENA ASPHALT COMPANY INC WALTERS PHOTOGRAPHY WEST TOOL & DESIGN INC WILD PACKETS XEROX CORPORATION 1ST CHOICE AUTO BODY 210 LUBE EXPRESS FINAL TOTAL ...... . AMOT.JNT 160.00 76.65 269.95 793.43 25.53 1,010.15 50.00 569.20 51.18 136.42 84.99 15.20 37.90 1,403.11 163.16 70,875.75 29.76 15.00 1,597.50 139.67 550.00 78 .68 $252,644.15 **** 0 0 0