HomeMy WebLinkAboutBoard of Commissioners - Minutes - 09/20/2005MINUTES OF THE
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Government Services Center, Commissioners' Room
500 Fir Avenue W., Fergus Falls, MN
Tuesday, September 20, 2005
9:30 a.m.
Call to Order
The Otter Tail County Board of Commissioners convened Tuesday, September 20, 2005, at
9:30 a.m., at the Otter Tail County Government Services Center with Commissioners,
Bob Block, Chair; Roger Froemming, Vice-Chair; Dennis Mosher, Syd Nelson, and
Malcolm Lee present.
Approval of Agenda
Motion by Froemming, second by Mosher, and unanimously carried to approve the County
Board agenda of September 20, 2005, with the following additions:
10:05 a.m. -Add Budget Committee Meeting
Proposed Family Medical Leave Act Amendments
Approval of Minutes
Motion by Mosher, second by Froemming, and unanimously carried to approve the County
Board minutes of September 13, 2005, with the following correction:
September 13, 2005, Board of Commissioners' Minutes, Page 9, Under the Heading
"Request for Forgiveness of Penalty" the motion was not unanimous, Commissioner
Nelson was opposed.
Clarification for Audit Documentation Purposes
Discussion took place regarding the per diem and mileage for the Criminal Justice Planning
Advisory Committee. The County Attorney's opinion is that retroactive payments are
authorized back to the original motion on August 24, 2004.
County Ditch No. 37
Ditch Inspector, Randy Wasvick, reported that there is old clay tile in the branch of Ditch
No. 37 that is located in the City of Underwood. The ditch is running slowly; however, the
water has receded since last week. He reported an approximate cost of $30,000 to $40,000
to repair this area. The reason ii would cost so much is because of the need to dig up
streets, etc. The County Attorney stated that there is a theoretical responsibility to keep this
open. Discussion took place regarding the wetlands and what the benefits would be to open
this ditch. The Chairman requested that the Ditch Inspector talk with City of Underwood
officials regarding this area of Ditch No. 37 and return to the County Board meeting in two
weeks.
Approval to Pay Bills
Motion by Mosher, second by Lee, and unanimously carried to approve payment of the
County Board bills per Attachment A of these minutes, which include the following lodging
payments:
Arrowwood Resort GIS Coordinator, Sherran Leabo & Web Developer, Scott Backstrom
OTC Board of Commissioners' Minutes
September 20, 2005
Page 2
County Road Ditch -CSAH No. 18
Motion by Mosher, second by Lee, and unanimously carried to approve an Application for
Cleaning of a County Road Ditch on CSAH No. 18, in Section 16, Twp 133N, R41W in
Sverdrup Township.
CSAH No. 1 Project
The Highway Engineer reported that the CSAH No. 1 Project will be delayed until spring with
a completion date requirement of July 15, 2006.
Recess & Reconvene
At 10:16 a.m., Chairman Block recessed the meeting of the Otter Tail County Board of
Commissioners for a Budget Committee meeting. The meeting was reconvened at
11 :00 a.m.
Planning Commission Recommendations
Conditional Use Permit-Lyle & Beverly Krueger:
Motion by Nelson, second by Mosher, and unanimously carried to deny, as recommended by
the Planning Commission, an after-the-fact Conditional Use Permit to bring in 30-40 yards of
material to clear an area for parking a motor home. The property is described as Lot 7, Blk 1,
Bixby Acres, Section 33 of Dead Lake Township; Indian Lake (56-327).
Preliminary Plat-"Wayne Lee's Royal Oaks Estates''/Wayne & Gloria Lee:
Motion by Froemming, second by Lee, and unanimously carried to approve the Preliminary
Plat known as "Wayne Lee's Royal Oaks Estates" consisting of 33 lots, for single family
residences as presented. The property is described as NW¼ ex tracts, Section 33 of Parkers
Prairie Township; Non-Shoreland.
Preliminary Plat-"Tree Line Acres"/Sands of Star Lake, Inc:
Motion by Lee, second by Froemming, and unanimously carried to approve the Preliminary
Plat known as "Tree Line Acres" consisting of 6 lots for single family residential lots and 1
non-residential backlot, with conditions as recommended by the Planning Commission. The
property is described as Pt of GL 4 ... , Section 12 of Star Lake Township; Star Lake (56-385).
Preliminary Plat-"West Battle Hills First Addition"/Sam C. Lykken & Lorraine V. Lykken:
Motion by Mosher, second by Lee, to deny the Preliminary Plat known as "West Battle Hills
First Addition" consisting of 9 single family residential lots, as recommended by the Planning
Commission. Discussion followed. Land & Resource Director, Bill Kalar, provided a handout
from the West Battle Lake Lakeshore Association opposed to the lack of protective
safeguards in the proposed project for West Battle Lake and its "protected waters".
Applicant, Rich Jibben, stated that his plan meets or exceeds ordinance requirements as set
forth in the ordinances and he felt that the runoff issues were adequately addressed as
requested from the previous Planning Commission meeting. He stated that he felt the plat
should have been approved. Dan Skinner of Moore Engineering stated that the Planning
Commission had received a storm water runoff plan. Planning Commission member,
Joe Maske, stated the reasons he felt the plat should have been recommended for approval
by the Planning Commission. Land & Resource Director, Bill Kalar, reviewed some of the
Planning Commission's concerns. One concern was that the Planning Commission was
looking for a long term drainage plan not just a construction drainage plan. The majority of
the Planning Commission felt the previous issues were not adequately addressed.
OTC Board of Commiss,oners' Minutes
September 20, 2005
Page 3
Clair Prody spoke on behalf of the West Battle Lake Association and in favor of the vegetated
buffer strip because the lagoon from the lake is only 250' away from the development.
Dan Davenport from Clitherall Township stated that a culvert would be installed in place of
the one that isn't working for runoff issues and spoke against building another road because
of the expense. He also stated that the township has an ordinance for development beyond
1,000' of the lake. Neighbor, Manley Dillerud, expressed concerns about what may change
with the rest of the acreage owned by the developer in this area and concerns with the high
nitrate problem in the area. Jan Krenz expressed a concern that this area is developed right
because it is very delicate land and also, was in favor of a back road being built behind the
proposed lots.
Upon completion of discussion, Chairman Block called for a vote on the motion to deny the
plat. Motion carried 3-2 with Block and Nelson opposed. The property is described as Pt
GL 1 & 2 & SW¼ NE¼, Section 1 of Clitherall Township; West Battle Lake (56-239).
Preliminary Plat-"Lindemann Addition" /Scott & Christie Lindemann:
Motion by Nelson, second by Lee, and unanimously carried to approve a Preliminary Plat
known as "Lindemann Addition" consisting of 1 lot for seasonal family cluster use and 1 lot for
single family residential use, with a condition as recommended by the Planning Commission.
The property is described as Sublot 2 of Government Lot 4, Section 23 of Rush Lake
Township; Rush Lake (56-141).
Conditional Use Permit -Scott & Christie Lindemann:
Motion by Nelson, second by Froemming, and unanimously carried to approve a Conditional
Use Permit to sub-divide Lindy's Lakeview Resort into 2 lots with conditions as recommended
by the Planning Commission. The property is described as Sublot 2 of GL 4, Section 23 of
Rush Lake Township; Rush Lake (56-141).
Snowmobile Grant Requests
Motion by Nelson, second by Froemming, and unanimously carried to authorize the
Chairman's signature to execute the following Snowmobile Grant requests for 2006:
Otter Country Trail Association (OCTA)
Prairie Snow Drifters
Otter Trail Riders
Henning Sno Cruisers
Lake Runners Trail Association (LRTA)
Approval of Extension Request
$29,685.00
2,873.00
34,713.00
5,985.00
18,434.00
Motion by Lee, second by Mosher, and unanimously carried to authorize an extension
request, until October 28, 2005, for the filing date of the Final Plat known as Pelican River
Estates in Section 17 of Fergus Falls Township.
Reclassification Approval
Motion by Mosher, second by Nelson, and unanimously carried to approve a reclassification,
effective August 1, 2005, based on the significant changes in duties of the position of Human
Services Fiscal Officer, No. 2415-B, with a grade change from 11 to 12.
OTC Board of Commissioners' Minutes
September 20, 2005
Page 4
Amendment to the Personnel Rules
In accordance with provision 1.10 of the Personnel Rules, the County Board adopted a
motion on September 20, 2005 amending those rules. This notice is being distributed to
Department Heads and is to be posted on bulletin boards for a period of two weeks.
Article 9.50, Family and Medical Leave Act (FMLA) Policy is amended to read as follows:
3. Intermittent or Reduced Leave:
2.a: For Birth or Placement for Adoption or Foster Care: An employee may not take
FMLA leave intermittently or on a reduced leave schedule for birth or placement for
adoption or foster care of a child.
6. Affect On Other Benefits:
a. Sick Leave and Vacation: Employees must use all pre-FMLA accrued sick leave, if
the reason for leave qualifies for the use of sick leave under the appropriate
personnel policy or union contract, and all pre-FMLA accumulated vacation (except
for one week of vacation) during their FMLA leave. FMLA leave may not exceed
twelve ( 12) weeks each calendar year. Sick leave and vacation shall not accrue
during an unpaid leave of absence.
Premise Permit
Otter Tail County Resolution No. 2005 -59
Commissioner Nelson offered the following and moved its adoption:
WHEREAS, the responsibility for the regulation of lawful gambling and the issuance of
licenses and permits for the conduct of lawful gambling lies with the Minnesota Gambling
Control Board; and
WHEREAS, the Dent Firefighters Relief Association, Dent, MN, has made an application to
the Gambling Control Board for the purpose of conducting lawful gambling at the Galaxy
Resort, located at 39578 County Highway 41 in Star Lake Township of Otter Tail County; and
WHEREAS, Minnesota Statute 349.213 provides that the Gambling Control Board may not
issue a premise permit unless they receive a resolution from the Otter Tail County Board of
Commissioners approving the application for a permit; and
WHEREAS, the Otter Tail County Board of Commissioners is aware of no reason to oppose
the conduct of lawful gambling by the Dent Firefighters Relief Association, Dent, MN, at the
Galaxy Resort, located at 39578 County Highway 41 in Star Lake Township of Otter Tail
County.
NOW, THEREFORE, BE IT RESOLVED, that the Otter Tail County Board of Commissioners
hereby approves the conduct of lawful gambling by the Dent Firefighter Relief Association,
Dent, MN, at the Galaxy Resort, located at 39578 County Highway 41 in Star Lake Township
of Otter Tail County, provided the applicant meets all the necessary criteria for the licenses
and permits as required by the Gambling Control Board.
IT IS FURTHER RESOLVED, that notice of this application and approval shall be provided to
the Township of Star Lake by sending them a copy of this resolution.
OTC Board of Commissioners' Minutes
September 20, 2005
Page 5
Commissioner Froemming seconded the motion, and upon being put to a vote, was
unanimously carried.
Adopted and signed this 20th day of September 2005.
Dated :_~Cfi(.LJ...L/..cdt....Julu.o,,,_5.,__ __ f /
Attest:_,0,,/a~"t/:4"4'----'--..i:ia<)/= j}=-----
L~rry Kr6hn,~
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
By:. _ __;_~______;;_;"-----'--'wJ"--=--=-----
Bob Block, County Board Chair
Premise Permit
Otter Tail County Resolution No. 2005 -60
Commissioner Nelson offered the following and moved its adoption:
WHEREAS, the responsibility for the regulation of lawful gambling and the issuance of
licenses and permits for the conduct of lawful gambling lies with the Minnesota Gambling
Control Board; and
WHEREAS, the Dent Firefighters Relief-Association, Dent, MN, has made an application to
the Gambling Control Board for the purpose of conducting lawfu·I gambling at the Silver Moon
Lounge, located at 1117 W Main St in Perham Township of Otter Tail County; and
WHEREAS, Minnesota Statute 349.213 provides that the Gambling Control Board may not
issue a premise permit unless they receive a resolution from the Otter Tail County Board of
Commissioners approving the application for a permit; and
WHEREAS, the Otter Tail County Board of Commissioners is aware of no reason to oppose
the conduct of lawful gambling by the Dent Firefighters Relief Association, Dent, MN, at the
Silver Moon Lounge, located at 1117 W Main St in Perham Township of Otter Tail County.
NOW, THEREFORE, BE IT RESOLVED, that the Otter Tail County Board of Commissioners
hereby approves the conduct of lawful gambling by the Dent Firefighter Relief Association,
Dent, MN, at the Silver Moon Lounge, located at 1117 W Main St in Perham Township of
Otter Tail County, provided the applicant meets all the necessary criteria for the licenses and
permits as required by the Gambling Control Board.
IT IS FURTHER RESOLVED, that notice of this application and approval shall be provided to
the Township of Perham by sending them a copy of this resolution.
Commissioner Froemming seconded the motion, and upon being put to a vote, was
unanimously carried.
OTC Board of Commissioners' Minutes
September 20, 2005
Page 6
Adopted and signed this 20th day of September 2005.
Dated: _ _,c;,"""'--5-1-1-J/a,=-il➔/..,,o'-'-S",__ __ 1 J
Attest:_-''--"//'=/ /-""I-, ·-+.-P"J/"'--" /)-"-'---
La~ n .~
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
By:_\§-1----=--'!'4-=--~~~lt-cj<---__
Bob Block, County Board Chair
West Central Initiative Study
Motion by Mosher, second by Nelson, and unanimously carried to approve a demographic
study to document the number of residents there are in Otter Tail County during the summer
season(s). The study will be completed and paid for by West Central Initiative, with an
estimated cost of $2,500.
Adjournment
At 12:12 p.m., Chairman Block declared the meeting of the Otter Tail County Board of
Commissioners adjourned until 9:30 a.m. on Tuesday, September 27, 2005.
Dated: DC/ idJ J 05 I I
Attest: l'1Ji tit LarryKrn,Cer
CB/kd
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
By:_____,~----"--=--=-~--=-==~---
Robert Block, County Board Chair
9/20/2005 11:16:07
OTTER TAIL COUNTY AUDITOR PANELSON RECEIPTS ANO DISBURSEMENTS SYSTEM WARRANTS FOR PUBLICATION
OTC Warrants
September 20, 2005
Page 7
IFD66 COUNTY 56
PAGE 1
WARRANTS APPROVED ON 9/20/2005 FOR PAYMENT 9/20/2005
VENDOR NAME
A-1 LOCK AND KEY ACS ARROWWOOD RESORT & CONFERENCE ATD AMERICAN CO
AUTO VALUE FERGUS FALLS
BATTLS LAKE MOTOR PATROL ASSN
BECKER CO HIGHWAY DEPT BLESI-EVANS COMPANY BLUESTONE TECHNOLOGIES INC BLUFFTON OIL COMPANY BOB BARK.ER COMPANY INC ARDELL BOLLES
BOUND TREE MEDICAL LLC BYTWARE INC
KAREN CANNELL
CARQUEST AUTO PARTS CHECKERS CHS FERGUS FALLS EAST AGRONOMY CO OP SERVICES INC COOPERS TECHNOLOGY GROUP
CULLIGAN WATER COND OACOTAH PAPER COMPANY DAKOTA WOOD GRINDING INC JOEL DULSKI FARNAM'S GENUINE PARTS INC
FERGUS ELECTRIC FERGUS TIRE CENTER G & K SERVICES GENERAL PARTS INC GODFATHERS EXTERMINATING INC GOPHER STATE ONE CALL GOVERNMENT MANAGEMENT GROUP GR GRAPHICS INC ST LOUIS
GRAHAM REFRIGERATION GRAINGER INC HARLES TREE SERVICE HEDAHLS HEADQUARTERS HEISLERS COUNTRY OIL HENNING HARDWARE CITY HENNING HENRY'S FOODS INC SANDY HOLD INFORMATION SYSTEMS CORP INSIGHT PUBLIC SECTOR INTERSTATE INC
KELLY SERVICES INC LAKELAND MENTAL HEALTH CENTER LARRY OTT INC TRUCK SERVICE LEROY MOTORSPORTS
AMOUNT
7.46
500.00 352.02 203.67
80.56
37.50
646,474.10
30.32 195.20 2,453.76
138.50 36.35 21.70
3,294.00
6. 90 8.28 27. 97 31.81 76.78 174.70
68.90
503.64
21,994.50 231:01 10.91
399.30
15. 00 2,430.66
62.17 317.88
25.65
430.00
200.16
490.89 155.52 10.73 50.09 1,526.51
15.28 74. 41 1,167.95
204.81 68.63
1,106.10
308.84
2,028.04 744.00 500.00
367.77
OTC Warrants
September 20, 2005
Page 8
9/20/2005
11:16:07
****
OTTER TAIL COUNTY AUDITOR PANELSON RECEIPTS AND DISBURSEMENTS SYSTEM WARRANTS FOR PUBLICATION
WARRANTS APPROVED ON 9/20/2005 FOR PAYMENT
VENDOR NAME
LIGHT RETURNS RECYCLING LYNK] TECHNOLOGIES INC M-R SIGN COMPANY INC.
MAAO MARK SAND & GRAVEL CO WENDY METCALF
MFIA MID-CENTRAL EQUIPMENT INC MIDWESTERN MAT ~ENTAL & SUPPLY MN MOTOR COMPANY NELSON DODGE GMC NEW YORK MILLS HERALD NORTH UNION TEXACO NORTHWEST DIVERS OLSON OIL CO.INC ONE CALL LOCATORS LTD OTTER TAIL CO TREASURER
PARK REGION CO OP PENROSE OIL COMPANY PEPSI AMERICAS PERHAM CO OP CREAMERY PERHAM CONOCO CITY PERHAM PETE'S AMOCO PREMIUM WATERS INC R & D SAFETY INC
RED RIVER STATE BANK RELIABLE OFFICE SUPPLIES
RUBNER WELDING & EQUIPMENT SHESHtmOFF INFORMATION SERVICE
SOPHOS SOUTHTOWN C-STORE
STEINS INC STEVE'S SANITATION INC SYNERGY GRAPHICS INC TOOL CRIB OF THE NORTH SUSAN lJLSCHMID VALLEY SOFT WATER VIKING COCA-COLA
VOSS LIGHTING WASTE MANAGEMENT SHARON WICKLUND
AMOUNT
209.35 189.00 3,971.16 1,300.00 37,441.48 188.85
100.00 36.90 12.19 75.00 277.22
212.60 111.87 74.73
2,370.88 228.12
64.00
1,916.46 1,305.86
48.75 4,178.10 38.70 78,818.10 1,503.86
41.03 449.07
25.00
91.Bl
21. 30
270.95
900.00 35.60
2,050.71 1,108.28
121.36 76.93 511.19 11. so 212.50 178.·92
20,693.41 271.35
IFD66
COUNTY 56
PAGE 2
9/20/2005
FINAL TOTAL ...... . $851,405.02 ****