HomeMy WebLinkAboutBoard of Commissioners - Minutes - 08/15/2006OTTER TAIL COUNTY BOARD OF COMMISSIONERS
New York Mills Offices, Courtroom
118 N. Main, New York Mills, MN
Tuesday August 15, 2006
9:30 a.m.
Call to Order
The Otter Tail County Board of Commissioners convened Tuesday, August 15, 2006, at
9:30 a.m., at the Otter Tail County New York Mills Courtroom with Commissioners
Roger Froemming. Chairman; Dennis Mosher, Vice-Chair; Bob Block, Syd Nelson, and
Malcolm Lee present.
Approval of Agenda
Motion by Mosher, second by Lee, and unanimously carried to approve the County Board
agenda of August 15, 2006, with the following additions:
10:25 a.m. -Howard Euneau -Road Closure Request
Addition to Land & Resource Dept. Agenda -Extension of Filing Date for 2 Final Plats
Approval of Minutes
Motion by Nelson, second by Lee, and unanimously carried to approve the County Board
minutes of August 8, 2006, as mailed with two typographical corrections.
Approval to Pay Bills
Motion by Mosher, second by Block, and unanimously carried to approve payment of the
County Board bills per Attachment A of these minutes.
Closure of the Motor Vehicle/Driver's License/Fish & Game Office
Motion by Mosher, second by Lee, and unanimously carried to close the Otter Tail County
Motor Vehicle/Driver's License/Fish & Game Office on Thursday, September 14, 2006, to
allow staff the opportunity to attend the annual Department of Public Safety Training.
License Application Approvals
Motion by Nelson, second by Block, and unanimously carried to approve the following
applications for license:
Lenny's Dining and Dancing
Underwood, MN
Richville Lions
Richville, MN
2006 Tobacco License
On-Sale 3.2 Malt Liquor
Temporary -1 Day (9/2/2006)
Payment Approval
Motion by Nelson, second by Mosher, and unanimously carried to approve payment, in the
amount of $2,363.20 to ShatterGARD, representing a 40% deposit on the purchase of
materials.
OTC Board of Commissioners' Minutes
August 15, 2006
Page 2
Premise Permit
Otter Tail County Resolution No. 2006 -60
Commissioner Lee 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 Cormorant Lakes Sportsman's Club, Audubon, MN, has made an application
to the Gambling Control Board for the purpose of conducting lawful gambling at The Club,
located at 44086 US Highway 59 in Pelican 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 Cormorant Lakes Sportsman's Club, Audubon, MN, at
The Club, located at 44086 US Highway 59 in Pelican 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 Cormorant Lakes Sportsman's Club,
Fergus Falls, MN, at The Club, located at 44086 US Highway 59 in Pelican 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 Pelican by sending them a copy of this resolution.
Commissioner Mosher seconded the motion, and upon being put to a vote, was unanimously
carried.
Adopted and signed this 15th day of August, 2006.
Dated:_-'=g"-,/L2:......e:2-c.,/Lo=:.c(c,'=,-..'----
Attest:__J.kz~1J44-f44. ~j/ J._=·-:....__
Larry Krdhn,~k
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
By: ~ t~~
Rogeroemming , County Board Chair
Request for Forgiveness of Penalty
County Coordinator, Larry Krohn, presented a request for forgiveness of penalty by the Pepsi
Cola Company, in the amount of $299.63, because their main headquarters moved and they
did not receive their tax statement. Commissioners requested additional information
regarding whether or not the statement was returned to the County and if the statement had
been mailed to the new address that should have been provided by the Company.
OTC Board of Commissioners' Minutes
August 15, 2006
Page 3
City of Perham Street & Utility Improvements
Motion by Nelson, second by Lee, and unanimously carried to authorize the appropriate
County officials' signatures to execute an agreement between the County of Otter Tail and
Ulteig Engineers of Detroit Lakes, MN for Engineering Services for the Second Street
Phase 2 (CSAH 51 & 98) project in the City of Perham. This agreement is for design
purposes only and includes the City of Perham's portion.
Intersection & Traffic Signal Improvements for CSAH 8 & Coney Street in Perham
Motion by Nelson, second by Lee, and unanimously carried to concur with the award by the
City of Perham for the Intersection Improvements project for CSAH 8 & Coney Street to the
low bidder, Lakes Paving Inc. of Detroit Lakes, MN, in the amount of $317,106.93, with the
understanding that Otter Tail County has no funding obligations for this project.
Bid Award -S.P. 56-683-09
After previously advertising for bids, Highway Engineer, Rick West, opened the following bids
at 1 :00 p.m. on August 2, 2006, for S.P. 56-683-09, Bridge Removal and Construction:
Bidder
Korby Contracting Co., Inc.
Fergus Falls, MN
Redstone Construction Co., Inc.
Mora, MN
Robert R. Schroeder Construction, Inc.
Glenwood, MN
M-K Bridge Construction
Walnut Grove, MN
Wanzek Construction, Inc.
Fargo, ND
Bid Amount
$578,943.43
$649,230.56
$654,799.03
$665,617.28
$745,379.30
Swingen Construction Co. $759,751.80
Grand Forks, ND
Motion by Mosher, second by Block. and unanimously carried to award S.P. 56-683-09 to
Korby Contracting Co. Inc. of Fergus Falls, MN as the low bidder at the bid price of
$578,943.43.
Ag Advisory Committee Update
Agriculture Extension Educator, Vince Crary, briefed the County Board regarding the Otter
Tail County Ag Advisory Committee. who have been meeting for about 1½ years discussing
uses of ag and land use planning. Their mission statement includes promotion and
preservation of the long term viability of livestock and farming as well as preservation of lakes
and streams in Otter Tail County. Mr. Crary stated that the group is looking for direction from
the County Board. They would like to be a recommending body to the Board on any issues
involving agriculture and land use and are requesting $5,000 for 2007 for education and to
bring in professional resources when issues arise. Commissioners expressed a desire to
support agriculture in the County and referred the budget request to the Budget Committee.
OTC Board of Commissioners' Minutes
August15,2006
Page 4
Extension Update
Ag Extension Educator, Vince Crary, provided several handouts including Arsenic Study
Current Status, Managing Plumeless Thistle in Pastures with Donkeys, and August 2006
Dairy Programs. He briefed the Board regarding each program and details of outcomes of
the research. He also provided a University of Minnesota Extension Service brochure
explaining the research in the use of donkeys to control thistles. Commissioners expressed
particular appreciation for the Arsenic Study work and supported a letter of endorsement for
the work.
Road Closure
Howard Euneau, Owner of the Silver Dollar in Elizabeth, requested special consideration to
close two blocks of County Road 10 in Elizabeth for a benefit scheduled for Saturday,
August 19th. Mr. Euneau explained that this is not an annual event and because of a
misunderstanding, the benefit has already been advertised and the closure would ensure
safety. The Highway Engineer expressed concern as the County's policy is to close County
Roads for annual City events only. Motion by Lee to deny the request of Howard Euneau to
close two blocks of County Road 10 in Elizabeth for a benefit on Saturday, August 19, 2006.
Motion failed for lack of a second. Motion by Mosher, second by Block, to approve the
closure of two blocks of County Road 10 in Elizabeth, as an exception only, on Saturday,
August 19, 2006, from 5:00 p.m. to 1 :00 a.m. to allow this benefit to proceed. This motion
applies to this event only because of a misunderstanding and the motion endorses the
Highway Engineer's policy not to close County Roads other than for City sponsored events.
Chairman Froemming called for a vote. Motion carried unanimously.
Recess & Reconvene
At 10:50 a.m., Chairman Froemming 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.
Planning Commission Recommendations
Conditional Use Permit Melanie & Steven Cole:
Motion by Mosher, second by Lee, and unanimously carried to approve a Conditional Use
Permit for an earthmoving project with a condition as recommended by the Planning
Commission. The property is described as Lot 5 & SE¼ NW¼, NW¼ SE¼, NE¼ SW¼ &
Lots 8 & 3 ex tr, Section 3 of Sverdrup Township; Mud Lake (56-445) and Unnamed Lake
(56-446).
Conditional Use Permit-Russ & Laurie Akkerman:
Motion by Mosher, second by Lee, and unanimously carried to approve a Conditional Use
Permit to prepare for a walk-out basement with conditions as recommended by the Planning
Commission. The property is described as Eagle's Nest Shores Lot 6 Blk 1, Section 34 of
Tordenskjold Township; Stalker Lake (56-437).
Conditional Use Permit Jason & Cindy Freeland:
Motion by Lee, second by Nelson, and unanimously carried to deny a Conditional Use
Permit, as recommended by the Planning Commission, for this after-the fact application to
allow a previously installed natural rock retaining wall to remain in place. The reason for
denial is because it would not have been approved if requested prior to construction due to
the environmental impact. The property is described as S 286.50' of N 886.50' of GL 8,
Section 4 of Friberg Township; Tonseth Lake (56-690).
OTC Board of Commissioners' Minutes
August 15, 2006
Page 5
Preliminary Plat -"The Point At Rivers Bend'1/Robert & Susan Mitchell:
Motion by Froemming, second by Mosher, and unanimously carried to approve the
Preliminary Plat known as "The Point At Rivers Bend" consisting of 4 single family residential
lots as shown on the revised map dated August 2, 2006, and with conditions as
recommended by the Planning Commission. The property is described as Pt NW¼ SW¼
NE of River Ex Tr, Section 6 of Otto Township; Otter Tail River (56-OTR).
Preliminary Plat & Conditional Use Permit-"Pleasant Waters'1/Helen L. Wells:
Land & Resource Director, Bill Kalar, stated that the proposed Preliminary Plat known as
"Pleasant Waters" consists of 4 single family residential lots and a road to serve the plat. The
Planning Commission recommended denial of the Plat and CUP for a variety of reasons as
stated in the August 9, 2006, Planning Commission minutes. Applicant, Ben Schmidt,
requested that this Preliminary Plat be approved or tabled to allow time to work on the
concerns regarding the easement, which he felt was the main issue for the Planning
Commission. Motion by Mosher, second by Lee, to deny, as recommended by the Planning
Commission, the Preliminary Plat known as "Pleasant Waters" and the Conditional Use
Permit to serve the plat for the reasons as stated in the August 9, 2006, Planning
Commission minutes. Motion carried 3-2 with Block and Nelson opposed. The property is
described as GL 2, 3 Ex S 19.52 Ac & 5, Section 8 of Sverdrup Township; Pleasant Lake
(56-449).
Preliminary Plat & Conditional Use Permit -"Maiestic Oaks of Rush Lake'1/Robert & Carol
Martinson and Juanita M. Granda:
Mr. Kalar reported that the Planning Commission was recommending denial of the proposed
Preliminary Plat known as "Majestic Oaks of Rush Lake" consisting of 33 single family
residential lots. Applicant, Ben Schmidt, requested that this request be tabled as the main
issue appeared to be penetration through vegetation which was mitigated by sharing
boardwalks every 300'. The applicant stated that the boardwalks exceed the standard and
he requested continuing discussion regarding the plat. Motion by Froemming, second by
Nelson, and unanimously carried to deny, as recommended by the Planning Commission, the
proposed Preliminary Plat known as "Majestic Oaks of Rush Lake" and the Conditional Use
Permit to serve the plat, for the reasons stated in the August 9, 2006, Planning Commission
minutes. The property is described as Pt of GL 2 & Pt GL 3 ... , SE¼ Ex Trs, GL 1 & 2 Ex Trs,
Section 17, and Lot 4, Section 18 of Otto Township; Rush Lake (56-141).
Conditional Use Permit-Todd Walvatne:
Motion by Mosher, second by Lee, and unanimously carried to approve a Conditional Use
Permit to build a storage building with 20 units with conditions as recommended by the
Planning Commission. The property is described as Pt NW¼ NE¼ ... (4.10 AC), Section 14
of Buse Township; Unnamed Lake (56-830).
Preliminary Plat -"Williams Eagle Glen"/William E. Williams:
Motion by Mosher, second by Lee, and unanimously carried to approve the Preliminary Plat
known as "Williams Eagle Glen" consisting of 2 single family residential lots as presented.
The property is described as Bailey's Beach Pt Lot 1 Blk 4 ... , Section 1 of Sverdrup
Township; East Lost Lake (56-378).
OTC Board of Commissioners' Minutes
August15,2006
Page 6
Preliminary Plat -"Eagle Crest"/Aimee Rakow. et al:
Motion by Mosher. second by Lee, and unanimously carried to approve the Preliminary Plat
known as "Eagle Crest" consisting of 2 single family residential lots with conditions as
recommended by the Planning Commission. The property is described as Pt GL 5 Ex Trs,
Section 10 of Eagle Lake Township; Eagle Lake (56-253).
Preliminary Plat-"Maple Hollow"/Thomas Deegan & Susan Guthrie and Bruce C. Peterson:-
Motion by Lee, second by Mosher, and unanimously carried to deny, as recommended by the
Planning Commission, the proposed Preliminary Plat known as "Maple Hollow" consisting of
8 single family residential lots & 1 Outlet and a Conditional Use Permit to serve the plat for
the reasons as stated in the August 9, 2006, Planning Commission minutes. The property is
described as Pt GL 1, 2 & 5 ... , & GL 5 Ex Tr & N 66' of E 320' of GL 4 ... , Section 14, Star
Lake Township; Star Lake (56-385).
Big Pine Resort Conversion
Mr. Kalar explained that the Big Pine Resort Conversion occurred about one year ago. He
showed the plaUmap consisting of 12 lake lots and an outlet created for drainage. The outlet
was to be managed by an Association. Attorney's for the developers later contacted the
County and requested permission to manage this outlet by covenants rather than a
homeowners agreement. The developers presented the covenant language and it seemed
appropriate. When the developers began selling the lots, the State Commerce Department
raised an issue with the covenants stating that the management of the outlet would be fixed
by a majority vote of the property owners, which takes away County control if there are any
issues. The County approved this plat so it met certain conditions and now the developers
are asking that the County change those conditions. Continued discussion took place. No
action was taken.
Filing Extensions for Final Plats
Motion by Froemming, second by Lee, and unanimously carried to approve an extension for
filing the Final Plat known as "Lakeside Timber Estates" until September 1, 2006. The
property is located in Section 10 of Parkers Prairie Township; Horsehead Lake (56-22).
Motion by Froemming, second by Block and unanimously carried to approve an extension for
filing the Final Plat of James & Susan Lukken, known as "The Pier" until October 1, 2006.
The property is located in Sections 21 & 28 of Otter Tail Township; Otter Tail Lake (56-242).
Blue Heron Bay
Mr. Kalar noted that August 15, 2006, is the cutoff date for public input for draft
Environmental Impact Statement (EIS) comments for Blue Heron Bay.
Jail/Facility Long Range Planning
Commissioner Block provided information regarding a house that is currently for sale next to
the 505 Court Street building. Mr. Krohn and Mr. Hauser briefed the Board regarding a
recent Jail Planning Advisory Committee (JPAC) meeting.
Adjournment
OTC Board of Commissioners' Minutes
August 15, 2006
Page 7
At 11 :47 a.m., Chairman Froemming declared the meeting of the Otter Tail County Board of
Commissioners adjourned until Tuesday, August 22, 2006.
Dated : _ _sf?,...,/c....:2"----""'z..'--'/'-'c,=---(,=,-=----1
Attest /4,M ti/!,
LarryKrlhn~rk
CB/kd
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Froemming, Board of Commissioners Chair
8/15/2006
12:10:55
OTTER TAIL COUNTY AUDITOR PANE:LSON RECEIPTS AND DISBURSEMENTS SYSTEM WARRANTS FOR PUBLICATION
OTC Board of Commissioners' Minutes
August 15. 2006
Attachment A, Page 1
IFD66
COUNTY 56 PAGE l
WARRANTS APPROVED ON 8/15/2006 FOR PAYMENT 8/15/2006
VENDOR NAME
A'VIANDS LLC
AMERICAN SOLUTIONS FOR BUSINES BRIAN ARMSTRONG ART N SIGN INC ARVIG COMMUNICATION SYSTEMS
BATTLE LAKE MOTOR PATROL ASSN BA'l"I'LE LAKE STANDARD BEN HOLZER UNLIMITED BOB'S STANDARD BULK SERVICE
BRANOON COMMUNICATIONS INC BROGARD PLUMBING CO CARQUEST AUTO PARTS CARRS TREE SERVICE CENTRAL SPECIALTIES INC
CENTRAL STATES WIRE PRODUCTS I COOPERS TECI-rnOLOGY GROUP CULLIGAN WATER COND CULLIGAN WATER CONDITIONING DACOTAH PAPER COMPANY D!ru"ZEL'S REGION WASTE INC
EAST SIDE OIL COMPANIES
EGGE CONSTRUCTION INC
PAT EHLKE FAR.NAM'S GENUINE PARTS INC FERGUS ELECTRIC FERGUS FALLS MEDICAL GROUP
FERGUS FALLS NEWSPAPERS INC FERGUS FALLS POLICE DEPT CITY FERGUS FALLS FERGUS lNTERNATIONAL INC
FERGUS POWER PUMP INC FERGUS TIRE CENTER FERRELLGAS BRENT FLODEN
GALL'S INC
GR GRAPHICS INC FARGO
GRAINGER INC PAT GRIESER
PATRICK GRIFFIN HALL GMC INC HEALTHCARE ENVIRONMENTAL SERVI
HEDAHLS HEADQUARTERS
HENNING AUTO PARTS INC HILL TOP TOWING THE HOME SHOP JJ'S COMPANY EXCAVATING LLC KELLY SERVICES INC L & L SERVICE
LAB SAFETY SUPPLY INC
AMOUNT
7,321.56
593.71 141.95 105.50 200.00 37.50 134.95 25.77
102.11
1,267.21 15.81 6.74 13.79 49,960.00 1,762.58
3,226.98
80.66 10.65 232.74 3,588.00
55.00
195.00
250.00 401.49 285.52 602.50
1,307.62
510.33
11,147.65
483.14 79,667.00 2,578.00
145.08 68 .42 41. 99 so.co 574 .14
50.00
95.20
102.12
130.00
293.90 78.33 60.00 362.09 1,440.00
1,045.20
44.00 188. 9-4
OTC Board of Commissioners' Minutes
August15,2006
Attachment A, Page 2
8/15/2006 12:10:55
OTTER TAIL COUNTY AUDITOR PANE:LSON RECEIPTS AND DISBURSEMENTS SYSTEM WARRANTS FOR PUBLICATION
IFD66 COUNTY 56
PAGE 2
WARRANTS APPROVED ON 8/15/2006 FOR PAYMENT 8/15/2006
VENDOR NAME
LAKE: COUNTRY GARDENS LA.KB REGION HEALTHCARE CORP LAKELAND MENTAL HEALTH CENTER
LAKES COUNTRY SERVICE CO OP
LARRY OTT INC TRUCK SERVICE LINDSAY ECOWATER SYSTEMS LOCATORS & SUPPLIES INC
M-R SIGN COMPANY INC.
MAIN STREET GAS & COODS
VIOLA MANDERUD MATTHEW BENDER & COMPANY INC THE MIDWEEK MIDWEST PRINTING CO
MIDWESTERN MAT RENTAL & SUPPLY
MN DEPT OF AGRICULTURE
MN MOTOR COMPANY MN SHERIFFS ASSOC MN STATE BAR ASSOCIATION NAPA OF PERHAM NELSON FORD LINCOLN MERCURY IN
JOYCE NERDAHL NORTHERN STATES SUPPLY INC
OFFICE DEPOT OLSON FUNERAL HOME
OLSON OIL CO INC OTI'ER VFW POST 874 OTTERTAIL TRUCKING INC OVERLAND MECHANICAL SERVICES PAMIDA INC 008
PARK REGION CO OP PAUL PUTNAM AMERICAN LEGION PO PEPSIAMERICAS
PERHAM CO OP CREAMERY
PERHAM ENTERPRISE BULLETIN
CITY PERHAM
PETE'S AMOCO PIONEER JANITORIAL PREMIUM WATERS INC
PRODUCTIVE ALTERNATIVES INC
PROTECTION SYSTEMS INC
REVIEW ENTERPRISES INC MATTHEW SAURER
CHERI SCHULTZ SCOTT HOFLAND CONSTRUCTION INC
SE SERVICE AND CONSULTING
SERVICE FOOD SUPERVALU
SEWER SERVICE RICK SHEILS
STEVE'S SANITATION INC
AMOUNT
131. 67
321.20
3,582.00
411.50 1,360.00 91.70 53.20
5,914.98
1,502.32
130.B7 563.80 483.12 49.99 69.60
10.00 302.35
600.00 337.00 4.88 25.68
256.00 329. 4 9 64.84 775.00
178.96
100.00
6,821.25 25.42
12.76
2,109.16
100.00
183-20 4,897.26 172.98
91,039.95 2,583.02
90.53 17.23 806.21 1,068.00
743.63
71.67
52.24 5,310.00 17,000.00 58.51
250.00 211-99 1,193,44
8/15/2006
12:10:55
OTI'ER TAIL COUNTY AUDITOR PANELSON RECEIPTS AND DISBURSEMENTS SYSTEM
NARR.ANTS FOR PUBLICATION
OTC Board of Commissioners' Minutes
August 15, 2006
Attachment A, Page 3
IFD66
COUNTY 56
PAGE 3
WARRANTS APPROVED ON B/15/2006 FOR PAYMENT 08/15/2006
VENDOR NAME AMOUNT
STREICHERS SUPER SEPTIC INC OF PELICAN RA
TOUTGES SANITATION TRI STAR RECYCLING
UNIFORMS UNLIMITED VALLEY SOFT HATER LTD VICTOR LUNDEEN COMPANY WADENA CO AUDITOR TREASURER
GARY WASKOSKY WASTE MANAGEMENT DAVE WEINRICH WELDING SUPPLIES & FIRE EQUIPM
WELLER OIL CO WESTBY LAWN CARE ZIEGLER INC
3 D SPECIALTIES INC
FINAL TOTAL •••••••
46.80
77 .19
49 .14
3,400.30
252.17
27.50 361.73 2,735.36
47.50
54,4.54.90
42.57
5.27 161.20
40.00 30.47 112.92
$385,393.49 ••••