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Home My WebLink AboutBoard of Commissioners - Minutes - 01/16/2007MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS New York Mills County Offices -Courtroom 118 N. Main Avenue, New York Mills, MN Tuesday, January 16, 2007 9:30 a.m. Call to Order The Otter Tail County Board of Commissioners convened Tuesday, January 16, 2007, at 9:30 a.m. at the Otter Tail County New York Mills Courtroom with Commissioners Dennis Mosher, Chair; Syd Nelson, Vice-Chair; Bob Block, Roger Froemming, and Everett Erickson present. Approval of Agenda Motion by Froemming, second by Erickson, and unanimously carried to approve the County Board agenda of January 16, 2007, as mailed. Approval of Minutes Motion by Nelson, second by Block, and unanimously carried to approve the County Board minutes of January 9, 2007, as mailed. Approval to Pay Bills Motion by Froemming, second by Erickson, and unanimously carried to approve payment of the County Board bills per Attachment A of these minutes. Extension Office -Ag Update Extension Educator, Vince Crary, briefed the Board on a recent water arsenic project dealing with arsenic that naturally occurs in water. The research was to identify whether the arsenic transferred from the water through the cows and into the milk. Mr. Crary explained the project and reported that the arsenic does not transfer into the milk and the final data on the tissue samples are currently being analyzed. Mr. Crary provided a handout entitled "Central Regional Partnership 2006 Project -Dairy Irrigated Pasture Investigation". Discussion also took place regarding the Donkey project to control thistles in pastures without using chemicals and organic milk production. Recess & Reconvene At 9:50 a.m., Chairman Mosher declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The meeting was reconvened at 10:10 a.m. Otter Tail Sheriff's Operations Center Project Physical Plant Manager, Rick Sytsma, reported that Otter Tail County advertised for pre- qualification for bidding for the construction of the Sheriffs Outpost building in Otter Tail City. The County received seven responses to the pre-qualification process. Mr. Sytsma explained the scoring process. Motion by Block, second by Nelson, and unanimously carried to accept five qualified bidders through the pre-qualification process, who met the suggested qualifications, as recommended by the Architect and the County's Physical Plant Manager. Mr. Sytsma noted that the anticipated bid opening date for the Sheriff's Operations Center project is February 7, 2007 (not February 2, 2007, as previously documented in the 01/02/07 minutes). OTC Board of Commissioners' Minutes January 16, 2007 Page 2 Recess and Reconvene At 10:35 a.m., Chairman Mosher 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 Preliminary Plat -"Snyder Addition'1/Janet & Anthony Snyder: Motion by Froemming, second by Nelson, and unanimously carried to approve the Preliminary Plat known as "Snyder Addition" consisting of 1 single family residential lot, with conditions as recommended by the Planning Commission. The property is described as NW¼ ex RR ex tr, Section 1, Compton Township; Non-Shoreland. Preliminary Plat-"Charlie's Beach Z'd Addition'1/Charlie Kirchenwitz: Motion by Nelson, second by Froemming, and unanimously carried to approve the Preliminary Plat known as "Charlie's Beach 2nd Addition" consisting of one single family residential lot, with conditions as recommended by the Planning Commission. The property is described as Lots 4 & 5 ex cemetery ex plats, Section 28, Edna Township; Tenter Lake (56-348), NE and North Rice Lake (56-349), NE. Preliminary Plat -"Heisler's 1st Addition'1/Donald J. Heisler: Motion by Froemming, second by Erickson, and unanimously carried to approve the Preliminary Plat known as "Heisler's 1st Addition" consisting of 3 single family residential backlots, with conditions as recommended by the Planning Commission. The property is described as N½ SW¼ W of public rd ex tr & GL 1 ex plat, Section 4, Otter Tail Township; Otter Tail Lake (56-242), GD. Preliminary Plat-"Pinke's East Loon Lake Heiqhts'1/Paul Pinke: Motion by Erickson, second by Block, and unanimously carried to approve the Preliminary Plat known as "Pinke's East Loon Lake Heights" consisting of 4 single family residential lots, with a condition as recommended by the Planning Commission. The property is described as Pt of GL 5 & 6, Section 2 and Pt of GL 3 & Lots 1 & 2 Block 1 Prieb's Park, Section 1, Dora Township; Loon Lake (56-523), RD & Sybil Lake (56-387), RD. Conditional Use Permit -"Pelican View Estates'1/DGD Enterprises, LLP: Land & Resource Director, Bill Kalar, explained that this CUP request is for a 40 unit Common Interest Community and to construct a road to serve the CIC. The Planning Commission recommended approval of the request on a split vote. Mr. Kalar referred to a letter received from the Zoning Administrator of Scambler Township, which states the position of Scambler Township that all areas of this development not in the shoreland district are under Scambler Township's jurisdiction and the developers would need to obtain the appropriate permits from the township. Developer, Norman Robinson, provided a handout to the Board of aerial photos of the area and stated that the additional information since the Planning Commission meeting only addresses the conditions that were stipulated. Mr. Robinson also stated that the developers have met with the Scambler Township officials and felt there would be no problem obtaining the required permits as stated in the Township's letter. ·, OTC Board of Commissioners' Minutes January 16, 2007 Page 3 Planning Commission member, Rod Boyer, spoke in regards to the Planning Commission not having enough information relative to design, needed culverts, boat lifts, and relocating the entrance. The Developer and Steve Langley, of Anderson Land Surveying, responded to the issues presented by Mr. Boyer and comment was made that the storm water plan and the septic must be approved by the MPCA and also, the State Department of Health, so will be required to meet standards. Discussion took place regarding County and Township rules. Mr. Kalar stated that if a portion of the development is in the shoreland area, the complete development must meet County SMO rules. Scambler Township also has the authority to require permits outside of the 1,000 ft; therefore, the development is subject to both County and Township rules. Discussion continued. In view of the fact that this development has cleaned up an unsightly area and has some support from the nearby property owners, Commissioner Block offered a motion to approve the Conditional Use Permit of DGD Enterprises, LLP, to change the usage from Commercial to a 40 unit CIC and to approve construction of a road to service the community with conditions as recommended by the Planning Commission. Commissioner Nelson seconded the motion. Chairman Mosher called for a roll call vote: Commissioner Erickson Commissioner Froemming Commissioner Block Commissioner Nelson Commissioner Mosher X X X Nay X X Motion carried 3 -2. The property is described as Tax Parcel Numbers 55-000-01-0008-007, 55-000-01-0008-006, 55-000-01-0008-003, 55-000-01-0008-004, 55-000-01-0008-000; Section 1, Scambler Township; Pelican Lake (56-786), GD. Conditional Use Permit Extension Request Motion by Erickson, second by Froemming, and unanimously carried to approve extension of Conditional Use Permit #6355, until October 31, 2007, for Bridge Replacement over the Otter Tail River as requested by the Otter Tail County Highway Department. Final Plat Extension Requests Motion by Erickson, second by Nelson, and unanimously carried to grant an extension to file the Final Plat for "Lorene Shores" on Long Lake (56-784) in Elizabeth Township until April 30, 2007. Motion by Erickson, second by Block, and unanimously carried to grant an extension to file the Final Plat for "Kvare's Beauty Bay South Second Addition", non-shoreland property, until March 15, 2007. Recess and Reconvene At 11:55 a.m., Chairman Mosher declared the meeting of the Otter Tail County Board of Commissioners recessed for lunch break. The meeting was reconvened at 1 :00 p.m. OTC Board of Commissioners' Minutes January 16, 2007 Page 4 Public Hearing for the Petition to Impound Waters -Ditch No. 38 Chairman Mosher opened the Public Hearing for the lmpoundment of Waters on Ditch No. 38. County Attorney, David Hauser, referred to a petition submitted by Robert Sonnenberg, which was accompanied by an Engineer's Report. A Public Hearing is then held to determine whether or not the land owner shall be allowed to impound the waters. The Engineer's Report for this request has been on file in New York Mills and at the Auditor's Office in Fergus Falls. Ditch Inspector, Randy Wasvick, showed the public a map and indicated where the control would be placed at the beginning of Branch One on Mr. Sonnenberg's property to maintain the wetland. He provided elevation information and stated that a control structure would be installed at the appropriate elevation along with a spill over point to protect the Tysdal property. The culvert under Highway 67 would control the flow of water. Attorney Kurt Deter, representing Mr. Sonnenberg, referred to M.S. 227 and stated that the statute is clear that a permit shall be issued if requirements have been met. He stated that all relevant information shows that there is no adverse impact. He requested approval of the lmpoundment Project so that it can be installed this spring. Several property owners on Ditch No. 38 provided comments as follows: • Why did the individual petitioning for impoundment previously petition to have the ditch cleaned out? • How much rainfall was used in the engineering? • Questions about the expense of the project. • Are there government reimbursements for the wetland being created? • Who is going to control the structure? Engineer, Randy Clarksean, responded to the engineering questions. Mr. Wasvick explained that the full expense of the project will be paid by the petitioner, so there will be no expense to other property owners. He also stated that he would be responsible to monitor the installation of the project specifically in regards to the appropriate elevation. Mr. Sonnenberg stated that he has not asked for reimbursement from any federal, state, or county government.for this project. At 1 :31 p.m., with no further questions on the impoundment petition, a motion was offered by Nelson to approve the requested lmpoundment of Waters on Ditch No. 38 as presented and to direct the County Attorney to prepare a formal Order for the project. Commissioner Froemming seconded the motion. Chairman Mosher called for a roll call vote as follows: Commissioner Erickson . Commissioner Froemming Commissioner Block Commissioner Nelson Commissioner Mosher Yea Nay X X X X X Motion carried 5 -0. Chairman Mosher closed the Public Hearing at 1 :33 p.m. and declared the Board of Commissioners' meeting recessed for a short break. Reconvene OTC Board of Commissioners' Minutes January 16, 2007 Page 5 At 1 :39 p.m., Chairman Mosher declared the Board of Commissioners' meeting reconvened for continuing agenda items. Ditch No. 16 -Clitherall Township Discussion took place regarding a Petition Requesting Otter Tail County to clean/clear/dredge/maintain County Ditch No. 16. Discussion took place regarding the need for an informational meeting. Judicial Ditch No. 2 -Otter Tail/Wadena Mr. Wasvick reported that Wadena County does not have a problem with Otter Tail County allowing an individual to work on a Ditch System as long as there is no cost to Wadena County. Motion by Froemming, second by Erickson, and unanimously carried to authorize Property Owner, Donald Haman, to repair Judicial Ditch No. 2 (Otter Tail/Wadena) on this property at his expense. Inman Township Payment Request Mr. Wasvick explained that the culvert clean-out that Inman Township performed on a minimum maintenance road was billed to Otter Tail County. Mr. Wasvick had communicated to a Township official that there is no need to open the culvert until the beaver dams are removed as there was standing water in the ditches on both sides of the culvert. Motion by Erickson, second by Block and unanimously carried to deny payment, in the amount of $385.00 as requested by Inman Township, because the County did not approve and is not responsible for the work performed. Adjournment At 1 :59 p.m., Chairman Mosher declared the meeting of the Otter Tail County Board of Commissioners adjourned until Tuesday, January 23, 2007. Dated: 6 I -;;l3-0'l CB/kd AIL COUNTY BOAR OF MMISSIONERS By: -±--"'---:---::-:--,------''--+---'=--""=='------- Dennis R. Mosher, Board of Commissioners Chair 1/16/2007 13,54,07 OTC Board of Commissioners' Minutes January 16, 2007 Attachment A, Page 1 DGODEL OTTER TAIL COUNTY AUDITOR RECEIPTS AND DISBURSEMENTS SYSTEM WARRANTS FOR PUBLICATION IFD66 COUNTY 56 PAGE 1 WARRANTS APPROVED ON 1/16/2007 FOR PAYMENT 1/16/2007 VENDOR NAME A'VIANDS LLC RICHARD AKERMAN ALEXANDRIA TECHNICAL COLLEGE AMERICAN INSTITUTIONAL SUPPLY AMERICAN TOWER CORPORATION JEFFREY ARNDT ARVIG COMMUNICATION SYSTEMS ASSOCIATION OF TRAINING OFFICE JOHN BARTHEL BATTLE LAKE AUTO PARTS BATTLE LAKE STANDARD BAUCK PAINT & SUPPLY BCA ST OF MN BIELEMA FUNERAL HOME BOBCAT OF OTTER TAIL COUNTY RIAN BOSSE BRANDON COMMUNICATIONS INC CARQUEST AUTO PARTS CELLULAR ONE CO OP SERVICES INC COMPANION ANIMAL HOSPITAL COOPERS 'l'ECHNOLOGY GROUP CRANE JOHNSON ,LUMBER CO CULLIGAN WATER. COND CULLIGAN WATER CONDITIONING DENZEL'$ REGION WASTE INC DEPT OF PUBLIC SAFETY MARK ELLENSON BRYAN EMMEL FARMERS CO OP OIL ASSN FARNAM'$ GENUINE PARTS INC FARNAM'S GENUINE PARTS INC PR FERGUS FALLS MEDICAL GROUP FERGUS FALLS NEWSPAPERS INC FERGUS FALLS POLICE DEPT FERGUS TIRE CENTER GE CAPITAL GERALD N EVENSON INC GR GRAPHICS INC FARGO PATRICK GRIFFIN HALL TRUCK CENTER INC NICOLE HANSEN HEDAHLS HEADQUARTERS HEISLERS COUNTRY OIL HENNING HARDWARE HILLTOP LUMBER INC SANDY HOLD INNOVATIVE OFFICE SOLUTIONS INTERNATIONAL TRANSLATION SERV AMOUNT 3,135,84 5_75 30.00 245.26 84.37 100.00 200.00 450.00 216.77 57 _ 14 45.05 37.33 180.00 195.00 379.83 300.00 2,091.90 11.05 562.80 2,414.85 20.22 179.71 253.65 71.87 10.65 119 _ 34 51-0.00 92.00 251.61 1,693.35 1,01-7.78 51.07 789.50 575_95 495_30 1,945.38 233.65 2,143.49 50.00 225.24 334.24 30.71 291.09 1,669.81 115.01 33.45 182.64 364.12 157.25 OTC Board of Commissioners' Minutes January 16, 2007 Attachment A, Page 2 1/16/2007 13:54:07 DGODEL OTTER TAIL COUNTY AUDITOR RECEIPTS AND DISBURSEMENTS SYSTEM WARRANTS FOR PtmLICATION IFD66 COUNTY 56 PAGE 2 WARRANTS APPROVED ON l/16/2007 FOR PAYMENT 1/16/2007 VENDOR NAME KEEPRS INC CY'S UNIFORMS KELLY SERVICES INC KNOWLEDGE TRANSFER CONSULTING LAKE REGION DENTAL CENTER LAKE REGION HEALTHCARE CORP LAKEWAY MARKET LLC LINDSAY ECOWATER SYSTEMS LOCATORS & SUPPLIES INC MACAI MCCOLLOUGH WELDING MICROPILOT INC MN DEPT OF AGRICULTURE MN MOTOR COMPANY MN SHERIFFS'ASSOCIATION MOCIC DEBORAH MORRIS NAPA OF PERHAM NAPA STANDARD PARTS OF WADENA NELSON FORD LINCOI.,N MERCURY IN NORTHERN STATES SUPPLY INC OFFICEMAX CONTRACT INC OSI ENVIRONMENTAL INC OTTER •rAIL CO EMPLOYEES COMMIT PAMIDA INC 008 PARK REGION CO OP PENROSE OIL COMPANY PERHAM ACE HARDWARE PERHAM CO OP CREAMERY PERHAM ENTERPRISE BULLETIN PETE'S AMOCO PRAIRIE IMPLEMENT INC PRO AG FARMERS CO OP PUBLIC SAFETY CENTER INC QUICK'S NAPA AUTO PARTS ROYAL TIRE INC CHERI SCHULTZ SERVICE FOOD SUPER VAT..,U SIMPLEXGRINNELL LP WAYNE STEIN STRAND ACE HARDWARE STREICHERS SWEENEY BROTHERS TNT REPAIR INC TRADEHOME SHOES SUSAN ULSCHMID UNIFORMS UNLIMITED VARITECH INDUSTRIES VERGAS ACE HARDWARE WADENA MEDICAL CENTER LTD AMOUNT 128.95 1,313.22 1,350.00 1,314.00 1,651.03 3,209.99 202.44 366.14 75.00 2,000.00 740.65 200.00 244.39 134. 34 200.00 250.16 74 . 39 289.37 2,027.40 53.51 455.51 50.00 69.00 14.35 3,094.35 1,434.80 34.29 3,217.10 39.06 688.85 46.69 6,621.43 665.54 12.63 5,625.65 51.99 81. 38 711. 3 6 303. 96 41.23 74.38 294.91 7.00 389,98 33.61 907.23 704.51 109.20 375.00 .. 1/16/2007 13;54:07 OTC Board of Commissioners' Minutes January 16, 2007 Attachment A, Page 3 DGODEL OTTER TAIL COUNTY AUDITOR RECEIPTS AND DISBURSEMENTS SYSTEM WARRANTS f'OR PUBLICATION IFD66 COUNTY 56 PAGE 3 WARRANTS APPROVED ON 1/16/2007 FOR PAYMENT l/lG/2007 VENDOR NAME WALLWORK TRUCK CENTER WELDING SUPPLIES & FIRE EQUIPM WEST PAYMENT CENTER KYLE WESTERGARD FINAL TOTAL .. _ .•.. AMOUNT l,338.99 112.79 2,589.43 96.15