HomeMy WebLinkAboutBoard of Commissioners - Minutes - 07/10/2007MINUTES OF THE
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Government Services Center, Commissioners' Room
500 Fir Avenue W., Fergus Falls, MN
The Otter Tail County Board
9:32 a.m. at the Otter Tail
Dennis Mosher, Chair; Syd
Everett Erickson present.
Tuesday, July 10, 2007
9:30 a.m.
Call to Order
of Commissioners convened Tuesday, July 10, 2007, at
County Government Services Center with Commissioners
Nelson, Vice-Chair; Bob Block, Roger Froemming, and
Approval of Agenda
Motion by Froemming, second by Block, and unanimously carried to approve the County Board
Agenda of July 10, 2007, with the following change:
9:40 a.m. -Cancel Scheduled Agenda Item & Replace with a Closed Session
Approval of Minutes
Motion by Block, second by Erickson, and unanimously carried to approve the County Board Minutes
of June 26, 2007, as mailed.
Approval to Pay Bills
Motion by Erickson, second by Froemming, and unanimously carried to approve payment of the
County Board bills per Attachment A of these minutes.
4-H Update
Extension Educator, Donna Geiser, briefed the County Board regarding 4-H Summer Programming.
Ms. Geiser discussed summer camping, livestock camp held in Hutchinson, upcoming County Fairs in
East and West Otter Tail County, and progress with various 4-H garden plots.
Closed to the Public
At 9:48 a.m., Chairman Mosher declared the meeting of the Otter Tail County Board of
Commissioners closed to the public for purposes of discussing labor negotiation strategies relative to
the Technical and Sheriff's Supervisory Bargaining Units. Present were all five seated
Commissioners, the County Attorney, and Board Secretary.
Reconvene
At 10:03 a.m., Chairman Mosher declared the meeting of the Otter Tail County Board of
Commissioners reconvened and open to the public to consider the remaining scheduled agenda
items.
Ditch No. 51
Motion by Erickson, second by Block, and unanimously carried to authorize Orrie Leabo to install a
foot bridge (approximately 4' wide) over Ditch No. 51 to access a portion of his property. The foot
bridge will not interfere with the flow of the Ditch and would be Mr. Leabo's financial responsibility.
Ditch No. 39
The County Board scheduled an Informational Meeting for Ditch No. 39 on Thursday, July 26, 2007,
at 7:00 p.m: at the Government Services Center in Fergus Falls.
OTC Board of Commissioners' Minutes
July 10, 2007
Page 2
Ditch No. 16
Ditch Inspector, Randy Wasvick, stated that the petition for an Engineering Study for
Ditch No. 16 was received at the County Board's last meeting and has been reviewed by the County
Auditor. There are two names on the petition that are possible benefactors.
Mr. Wasvick reviewed the situation with the Ditch. He stated that the Ditch originally had an 8' bottom
and it probably doesn't have that much at this time; however, the water is over the banks by about
one foot, so to widen the ditch would not increase the flow. Property owner, Ron Sugden, spoke
about the original ditch and the changes that have occurred. He stated that it is somewhat narrower.
Mr. Sugden provided pictures of the ditch and reported that there are two 26" tubes about 16' long
that are both plugged and the water is flowing over the top. Mr. Sugden expressed concern about the
fact that West Battle Lake's water elevation drops faster than Clitherall Lake. County Attorney,
David Hauser, noted that the Ditch Authority needs to look at the ditch as to whether or not it needs
repair. The Ditch Authority may choose not to repair the ditch; however, if a petition is filed with 26%
of the initial landowners, then the Ditch Authority is required to proceed. A determination must be
made first; however, as to whether a repair needs to be done. Discussion took place regarding the
need to redetermine benefits on the ditch if an Engineering Study is authorized. The County Board
requested that the Ditch Inspector notify property owners in the ditch system and petitioners, and
publish a notice for a Ditch No. 16 Information Meeting to be held on Thursday, August 23, 2007 at
7:00 p.m. The tentative location will be the Battle Lake City Hall meeting room.
Noxious Weed Appeals Committee
Mr. Wasvick reported that the Appeals Committee for the Noxious Weed Law must include one
Commissioner or local government official and one landowner. He stated that he has been unable to
find a landowner that is willing to be on this committee. He requested that compensation of $250 per
year be paid to a landowner that is willing to be on the committee. Because the landowner's contact
information must appear on the letter sent to people who have a problem with Noxious Weeds, they
receive many phone calls. Motion by Erickson, second by Block, to approve compensation of $250
per year to landowners agreeing to serve on the Noxious Weed Appeal Committee as recommended
by the Ditch Inspector. Further, the motion appointed 2 landowners to serve on the Noxious Weed
Appeal Committee as follows: Richard Carlin, New York Mills and Richard Bergquist, Parkers Prairie.
Chair Mosher called for a vote. Motion carried 4-1 with Nelson opposed.
Recess & Reconvene
At 10:37 a.m., Chair Mosher declared the meeting of the Otter Tail County Board of Commissioners
recessed for a short break. The meeting was reconvened at 10:42 a.m.
Pomme de Terre River Association
Water Resources Specialist and Aquatic Biologist, Marilyn Bayerl, submitted information regarding the
Pomme de Terre Watershed. Ms. Bayerl stated that she has been working on the Pomme de Terre
for over a year and, at this time there are grant funds available to fund a full time position. The
Pollution Control Agency has set aside $120,000 for the next three years. There are six counties in
the watershed. Stevens County has agreed to provide office space and this is an opportunity for the
Pomme de Terre to become sustainable. The six-county match requirement is $90,000. Lengthy
discussion continued. Motion by Block, second by Froemming, to approve payment of Otter Tail
County's share of matching grant dollars, in the amount of $6,136 each year for three years (2008-
2010), to begin improving the Pomme de Terre River Watershed. The Board requested an annual
report from the Pomme de Terre Association and the specific fund that the payments will be taken
from will be determined by the Budget Committee.
Conditional Use Permit Extension
Motion by Froemming, second by Nelson, and unanimously carried to approve an extension for
Conditional Use Permit #6367 for Otto Township for a road renovation project near Rush Lake until
September 1, 2007.
OTC Board of Commissioners' Minutes
July 10, 2007
Page 3
Final Plat Filing Date Extension
Motion by Erickson, second by Nelson, and unanimously carried to authorize an extension until
November 30, 2007, to file the Final Plat of Robert & Linda Honer known as "Beaver Dam Shores",
Star Lake (56-385). The extension is needed due to Quiet Title Action.
Non Profit Organization Taxes
Productive Alternatives Executive Director, Steve Skauge, expressed concern regarding the recent
purchase of two buildings, one in Fergus Falls used for the transit program and the other in Perham.
His concern, with tax exempt properties for non profit organizations, is that no one in the process of
purchasing the buildings had informed him of PA's tax liability the first year. This resulted in not being
able to add this liability to the loans for the buildings and causes a burden for the non profit
organization to pay the tax out of cash. Assessor, Bob Moe, explained the confusion which results
from the assessment year vs. the tax payable year. The tax assessment for CY2006 is payable in
CY2007. He referred to MS 272.02 Subd. 38 for clarification.
Recess & Reconvene
At 11 :28 a.m., Chair Mosher declared the meeting of the Otter Tail County Board of Commissioners
recessed for a Capital Improvement Committee meeting. The Board of Commissioners' meeting was
reconvened at 11 :38 a.m.
License Applications
Motion by Froemming, second by Nelson, and unanimously carried to approve the following
applications for license:
Big Pine Lodge on Mosquito Heights Road
Perham, MN
Madsen's Resort
Battle Lake, MN
NDSU Development Foundation
Fargo, ND
Richville Lions Club
Richville, MN
Consumption & Display Permit
On/Off-Sale Malt Liquor
On/Off-Sale 3.2 Malt Liquor
Temporary On-Sale Liquor (7/20/07)
Batcheller Lake Home, Lida View Lane
Temporary On-Sale Liquor'(9/1/07 or 9/2/07)
West of Richville -County Highway 14
HRA Board Appointment
Motion by Nelson, second by Erickson, and unanimously carried to reappoint
Mr. Art Schwartz to the Otter Tail County Housing and Redevelopment Board for the term of August 1,
2007, through August 1, 2012.
Application for Exempt Permit
Motion by Nelson, second by Block, and unanimously carried to approve the LG220 Application for
Exempt Permit as submitted by the Holy Cross Church for an event scheduled for Sunday,
September 9, 2007.
OTC Board of Commissioners' Minutes
July 10, 2007
Page 4
Premise Permit
Otter Tail County Resolution No. 2007 -52
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 T.I.P. Ottertail Chapter, Detroit Lakes, MN, has made an application to the Gambling
Control Board for the purpose of conducting lawful gambling at The Cactus, located at 43521 Fort
Thunder Road 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 T.I.P., Ottertail Chapter, Detroit Lakes, MN, at The Cactus, located
at 43521 Fort Thunder Road 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 T.I.P. Ottertail Chapter, Detroit Lakes, MN, at The
Cactus, located at 43521 Fort Thunder Road 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 Erickson seconded the motion, and upon being put to a vote, was unanimously carried.
Adopted this 10th day of July 2007.
Dated: __ 7,....,_/ LI 1L../-l,.,-?oc!"""-1'---~-
' I
Classification of Tax Forfeited Lands and
Request for DNR Approval and Legislative Support
Otter Tail County Board Resolution No. 2007 -51
Commissioner Nelson offered the following and moved its adoption:
WHEREAS, The County Board of Commissioners of the County of Otter Tail, State of Minnesota,
desires to offer for public sale, government acquisition (public use or private) and/or private sale to
adjacent owners certain parcels of land that have forfeited to the State of Minnesota for non-payment
of taxes, and
WHEREAS, Said parcels of land have been considered and/or view by the County Board of
Commissioners and have been classified as non-conservation lands as provided for in Minnesota
Statutes 282.01.
OTC Board of Commissioners' Minutes
July 10, 2007
Page 5
NOW, THEREFORE, BE IT RESOLVED That the Otter Tail County Board of Commissioners hereby
certify that all parcels of land on the attached Exhibit A and Exhibit B ( on record in the County
Auditor's Office) have been considered and/or viewed and comply with the provisions of Minnesota
Statutes 85.012, 92.461, 282.01, Subd. 8, 282.018 and other statutes that require the withholding of
tax-forfeited lands from sale The County Board of Commissioners hereby certifies that the Soil and
Water Conservation Board of the district in which the properties are located has reviewed attached
Exhibit A and Exhibit B and has identified any and all non-forested marginal lands and wetlands.
BE IT FURTHER RESOLVED That the Otter Tail County Board of Commissioners hereby respectfully
request approval from the Minnesota Department of Natural Resources for the public sale,
government acquisition (public use or private) and/or private sale to adjacent owners of said lands
identified in Exhibit A and Exhibit B and furthermore respectfully request the Minnesota Department of
Natural Resources review and consider the lands identified in Exhibit C for special legislative
approval.
Commissioner Block seconded the motion, and upon being put to a roll call vote, was adopted as
follows:
COUNTY OF OTTER TAIL
BOARD OF COUNTY COMMISSIONERS
Everett Erickson
Roger Froemming
Bob Block
Syd Nelson
Dennis Mosher
Adopted this 10th day of July, 2007.
Dated: 1 / /7 / .2oe>1 • I
YEA
X
X
X
X
X
NAY OTHER
Attest ~ (fL
Lar~n, Clrk
Mosher, oard of Commissioners Chair
South Turtle Lake Storm Water Project Update
Mr. West briefed the Board regarding the South Turtle Lake Storm Water Sewer Project. The project
is scheduled to begin next week.
Bid Review and Recommendation for Award
After previously advertising for bids, bids were opened at 1 :00 p.m. on June 27, 2007 for
C.P. 07:116B & Etc. as follows·
Vendor Bid Amount Corrected Amount
Central Specialties $737,814.44 $734,551.94
Alexandria, MN
Mark Sand & Gravel Co. $737,815.69
Fergus Falls, MN
Riley Bros. Const., Inc. $832,625.61
Morris, MN
OTC Board of Commissioners' Minutes
July 10, 2007
Page 6
Motion by Block, second by Froemming, and unanimously earned to award C.P 07:116B & Etc,
CH No. 116 and 170th Avenue & 240th Street, Fergus Falls Township, Grading, Aggregate Base,
Bituminous Surface and Aggregate Shoulders, to the low bidder, Central Specialties, Inc. at the bid
price of $734,551.94.
Final Payment-S.A.P. 56-635-30
Motion by Mosher, second by Froemming, and unanimously carried to approve Final Payment per
Final Estimate No. 9, in the amount of $47,738.54, payable to Central Specialties, Inc. for Street
Reconstruction, CSAH #35, Main Street, Underwood, MN.
Preferred Alignment for Tower Road/CSAH No. 1 Reconstruction
and Bridge over the Otter Tail River
Otter Tail County Resolution No. 2007 -53
Upon motion by Block, seconded by Erickson, and unanimously carried, the following resolution was
adopted:
WHEREAS, the City of Fergus Falls and Otter Tail County are engaged in the design process for the
proposed Tower Road and Bridge Project, with the City of Fergus Falls acting as the lead agency for
the project; and
WHEREAS, .SRF Consulting Group, Inc. under contract with the City of Fergus Falls has completed a
Corridor Alternative Review (dated May 8, 2007 and revised June 29, 2007) which includes a review
of the 1988 Highway Route Study for this project; and
WHEREAS, SRF Consulting Group, Inc. conducted a Public Information meeting on June 19, 2007, to
review the Corridor Alternate Review and to receive public input; and ·
WHEREAS, SRF Consulting Group, Inc. is recommending to the City of Fergus Falls and Otter Tail
County that Alternate B with an at-grade railroad crossing be adopted as the preferred alternate for
further study under the Federal Environmental Assessment/State Environmental Assessment
Worksheet process (ENEAW) for this project.
NOW, THEREFORE, BE IT RESOLVED, that the Otter Tail County Board of Commissioners support
and approve Alternate B with an at-grade railroad crossing as the preferred alternate for this project.
Adopted at Fergus Falls, Minnesota, this 10th day of July, 2007.
Dated : _ __,'1➔/-'-1..._1➔/...,,.2':e::<=>o=.,1'---~-• I
Discussion Future Planning
Commissioner Block informed Board members about a house (corner lot close to NP Park) that is on
the same block as the Courthouse that is for sale. Mr. Block stated that if the County is planning a
future jail expansion, there may be a need to purchase homes in the area as they are offered for sale.
Adjournment
OTC Board of Commissioners' Minutes
July 10, 2007
Page 7
At 1 :52 p.m., Chairman Mosher declared the meeting of the Otter Tail County Board of
Commissioners adjourned until Tuesday, July 17, 2007.
Dated: 01 / /J /~007 -~~ .................. ,-=---COMMISSIONERS
Attest ~ ~
LarryKroh, C~
CB/kd
OTC Board of Commissioners' Minutes
July 10, 2007
Attachment A, Page 1
WARRANTS APPROVED ON 7/10/2007 FOR PAYMENT 7/10/2007
VENDOR NAME
A-1 TROPHY
A'VIANDS LLC
ABG MAINTENANCE INC
AGGREGATE INDUSTRIES INC
AMERICAN INSTITUTIONAL SUPPLY
AMERICAN TOWER CORPORATION
AMERICAN WELDING SUPPLIES INC
CHERI ANDERSON
SCOTT ANDERSON
APPLIED CONCEPTS INC
ARK & SPARK
BATTLE LAKE AUTO PARTS
BELLET'S WELDING MFG CO
BEYER BODY SHOP INC
SCOTT BJERKE
BLUFFTON OIL COMPANY
BOUND TREE MEDICAL LLC
BRANDON COMMUNICATIONS INC
BRANDT & MAGNUS P.A.
BRAUN VENDING INC
BRIGGS CORPORATION
ROBERT BUNKOWSKE LLP
HEIDI BUNKOWSKE
CALL ONE INC
CATCO PARTS AND SERVICE
CD ELECTRIC
RYAN CHESHIRE
CITIZENS ADVOCATE
COOPERS TECHNOLOGY GROUP
CRANE JOHNSON LUMBER CO
CULLIGAN WATER COND
CULLIGAN WATER CONDITIONING
DACOTAH PAPER COMPANY
DAKOTA PRINTER REPAIR LLC
RICK DENZEL
DENZEL'S REGION WASTE INC
DICK'S STANDARD SERVICE
DISASTER ANALYSIS
DIVERSION AUTO
RANDY DORROW
ERIC'S ODD JOBS PLUS
FARGO FREIGHTLINER
FERGUS FALLS MEDICAL GROUP
FERGUS FALLS NEWSPAPERS INC
FERGUS FALLS POLICE DEPT
CITY FERGUS FALLS
FERGUS INTERNATIONAL INC
FERGUS POWER PUMP INC
FERGUS TIRE CENTER
FERRELLGAS
BRENT FLODEN
FRAZEE FORUM INC
FRONTIER PRECISION INC
GALL'S INC
GATOR H20
GENERAL PARTS LLC
BEVERLY GERHARDSON
GILMORE WEIK VFW POST 5252
GODFATHERS EXTERMINATING INC
GOVERNMENT FINANCE OFFICERS AS
AMOUNT
62.65
9,614.51
90.53
24,838.48
103.21
87.75
2,889.50
80.50
30.52
2,081.02
34.79
30.99
4,429.60
69.23
7.40
2,137.03
80.26
1,895.77
1,743.00
21.49
3,450.00
3,841.75
60.07
59.98
190.79
415.11
203.70
235.15
839.25
3.20
51.87
10.65
462.75
116.40
93.33
4,176.47
144.12
4,955.76
146.33
58.74
1,469.70
88 08
590.40
2,059.97
2,144.49
4,939.67
74.58
4,620.00
35.00
241.03
22.52
84.00
212.20
787.59
27.50
72.52
1,500.00
100.00
443.56
50.00
OTC Board of Commissioners' Minutes
July 10, 2007
Attachment A, Page 2
GR GRAPHICS INC FARGO
GR GRAPHICS INC ST LOUIS
GRAINGER INC
GREENMAN TECHNOLOGIES OF MN IN
PATRICK GRIFFIN
NEILL HARDINA
OLIVER HARRISON
DUANE HAUGEN
HENNING HARDWARE
HENNING LUMBER INC
HIGH PLAINS TECHNOLOGY
HOLIDAY CREDIT OFFICE
HOUSTON ENGINEERING INC
IBM CORPORATION
THE INDEPENDENT
INNOVATIVE OFFICE SOLUTIONS
INSIGHT PUBLIC SECTOR
INTERSTATE ALL BATTERY CENTER
INTERSTATE INC
J & K MARINE
ERWIN JOHNSON
KELLY SERVICES INC
KREKELBERG, SKONSENG, HASTINGS
L & L FABRICATION & STEEL CO
LAB SAFETY SUPPLY INC
LAKE REGION HEAL TH CARE CORP
LAKELAND MENTAL HEALTH CENTER
LAKELAND TRUE VALUE HARDWARE
LAKES 99 FIVE
LAKEWAY MARKET LLC
LARRY OTT INC TRUCK SERVICE
DONALD LARSON
PAT LARUM
LAWSON PRODUCTS INC
TROY LEE
LITTLE BEAR TOWING
LOCATORS & SUPPLIES INC
KAREN LUNDIN
MARK SAND & GRAVEL CO
MATTHEW BENDER & COMPANY INC
MCCC Ml 33
MEDICAL INDICATORS
MEDTRONIC EMERGENCY RESPONSES
MERICKEL LUMBER & ACE HARDWARE
METEORLOGIX
THE MIDWEEK
MIDWEST TESTING LABORATORY
MINN KOTA COMMUNICATIONS INC
MINNEAPOLIS MEDICAL RESEARCH F
MN CO ATTORNEYS ASSOCIATION
MN CO INSURANCE TRUST
MN COUNTIES INS TRUST
MN MOTOR COMPANY
MN STATE AUDITOR
MN STATE BAR ASSOCIATION
MNCITLA
MOORE MEDICAL LLC
NANIK'S ELECTRIC
NAPA FERGUS FALLS
NELSON FORD LINCOLN MERCURY IN
NORTHERN SAFETY TECHNOLOGY INC
OFFICE DEPOT
50.00
419.01
208.32
5,644.27
39.13
120.00
30.00
140.00
174.54
16.00
1,920.20
9.50
8,740.00
2,556.00
89.60
8,517.21
4,148.18
152.56
2,968.62
618.60
180.00
2,071.15
224.00
1,038.38
293.11
2,186.99
1,077.00
22.80
140.40
4,046.23
1,360.00
24.00
66.18
69.52
49.50
207.68
1,412.16
8.63
51,526.38
379.65
420.00
885.00
756.00
51.83
1,908.00
397.40
781.50
29.00
1,300.80
31.95
546.00
105.00
164.40
455.00
966.00
150.00
3,364.79
771.26
14.97
168.33
4,792.93
124.81
OFFICEMAX CONTRACT INC
OLSON-STITZEL AMERICAN LEGION
OTIS ELEVATOR CO
OTTER TAIL CO TREASURER
OTTER TAIL TELCOM
OTTERTAIL TRUCKING INC
OVERHEAD DOOR COMPANY
OVERLAND MECHANICAL SERVICES
VIRGINIA PAULSON
PELICAN RAPIDS PRESS
PERHAM ACE HARDWARE
PERHAM ENTERPRISE BULLETIN
CITY PERHAM
PETE'S AMOCO
PETE'S BODY SHOP & TOWING
PITNEY BOWES GLOBAL FINANCIAL
PUBLIC SAFETY CENTER INC
RELIABLE OFFICE SUPPLIES
REVIEW ENTERPRISES INC
RINGDAHL AMBULANCE SERVICE
ROYAL TIRE INC
ROBERT SCHREIBER
SCOTT HOFLAND CONSTRUCTION INC
PETER SCOTT
SERVICE FOOD SUPERVALU
SEWER SERVICE
SHERBURNE CO SHERIFF
SIGNWORKS
PAUL SIMENGAARD
SOUTH MILL SERVICE
SOUTHTOWN C-STORE
STEINS INC
STEVE'S SANITATION INC
STRAND ACE HARDWARE
GENEVIEVE STRANDE
STREICHERS
SWEENEY BROTHERS
RICK SYTSMA
TASER INTERNATIONAL
THERMAL TECHNOLOGIES INC
TRI STAR RECYCLING
CLIFFORD TURNER
KEITH VAN DYKE
VICTOR LUNDEEN COMPANY
WADENA ASPHALT INC
WASTE MANAGEMENT
DAVID WEISS
WELLS ROAD GRADING
WEST PAYMENT CENTER
WEST TOOL & DESIGN INC
WHITE BANNER UNIFORM SHOP
WIDSETH SMITH NOL TING & ASSOC
ZIEGLER INC
210 LUBE EXPRESS
•••• FINAL TOTAL
OTC Board of Commissioners' Minutes
July 10, 2007
Attachment A, Page 3
230.67
100.00
101.91
808.40
7,440.30
13,209.00
55.00
28.00
30.00
125.08
39.35
578.20
83,637.81
1,669.93
211.91
1,584.72
636.58
69.87
24.00
240.00
1,293.34
133.12
6,840.00
200.00
44.57
250.00
40.80
2,976.62
59.20
86.79
31.15
1,228.39
31.59
37.40
30.00
93.47
62.42
116.55
350.00
2,069.24
6,900.60
304.96
8.17
246.85
25,408.35
506.12
158.79
680.00
53.00
240.00
257.00
52.00
974 05
50.58
$373,172.78 ....