HomeMy WebLinkAboutBoard of Commissioners - Minutes - 10/16/2007. \ . '
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MINUTES OF THE
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Government Services Center, Commissioners' Room
500 W. Fir Avenue, Fergus Falls, MN
Tuesday,October16,2007
9:30 a.m.
Call to Order
The Otter Tail County Board of Commissioners convened Tuesday, October 16, 2007, at 9:30 a.m. at
the Otter Tail County Government Services Center 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 Block, and unanimously carried to approve the County Board
Agenda of October 16, 2007, with the following additions:
10:35 a.m. -Court Administrator, Kathy Ouren -Attorney Probate Fees
Land & Resource Director -Final Plats
Approval of Minutes
Motion by Nelson, second by Erickson, and unanimously carried to approve the County Board minutes
of October 9, 2007, as presented.
Approval to Pay Bills
Motion by Froemming, second by Nelson, and unanimously carried to approve payment of the County
Board bills per Attachment A of these minutes.
Extension Update
Extension Educator, Donna Geiser, briefed the Board on 4-H Week (October 8th through 12th) and
discussed the awareness of the 4-H Program that goes along with 4-H Week.
Ms. Geiser updated the Board on several 4-H projects including an upcoming event November 8 -10
entitled "4-H on the Red Carpet" which is a junior leadership project for youth in grades 7-9.
Discussion -Reviewing Final Plats
Surveyor, Brad Nyberg, requested that the Board consider a different procedure than the current
Preliminary Plat to Final Plat process. He explained that the current procedure can create extra
expense for, often times, small mistakes that occur on a Final Plat. He suggested that the review
completed by the Land & Resource Director could take place with a paper copy before the milars are
ordered. The Land & Resource Director and GIS Coordinator will research different options regarding
the Final Plat approval process and return to the Board with a plan.
Conveyance of Tax-Forfeited Land for Authorized Public Use
Otter Tail County Board Resolution No. 2007 -73
Commissioner Nelson offered the following and moved its adoption:
WHEREAS, the City of New York Mills has submitted for consideration by the Otter Tail
County Board of Commissioners an Application by a Governmental Subdivision for Conveyance of
Tax-Forfeited Land for an Authorized Public Use, and
Otter Tail County Board of Commissioners' Minutes
October 16, 2007
Page 2
WHEREAS, the following described parcel forfeited on Monday, July 12, 2004:
Parcel No. 73-000-99-0458-000
Section 8 Township 135 Range 37
Outlet B Block 3 -Jaeger Estates, and
r. " .
WHEREAS, the City of New York Mills desires to acquire this parcel to expand and enhance
the city owned park known as Smith Park, and
WHEREAS, the Otter Tail County Board of Commissioners has reviewed the above noted
application of the City of New York Mills, dated Monday, October 1, 2007, for the conveyance of the
above-described property for an authorized public use.
NOW THEREFORE BE IT RESOLVED, that the Otter Tail County Board of Commissioners
hereby recommends to the Minnesota Department of Revenue that the application as submitted by
the City of New York Mills be granted.
Commissioner Froemming seconded the motion and YEAS and NAYS are as follows:
Board of County Commissioners
Everett Erickson
Roger Froemming
Bob Block
Syd Nelson
Dennis Mosher
Dated :__,_/6"'->/'-"q/""3~/.-"'0_,_1 __ _ I
Attest:___,/4='L<.«'./&,!,,__,'--4"'J /= /}"""--
Larry Kr,bhn~
YEA
X
X
X
X
X
NAY Other
Conveyance of Tax-Forfeited Land for Authorized Public Use
Otter Tail County Board Resolution No. 2007 -74
Commissioner Froemming offered the following and moved its adoption:
WHEREAS, the City of Ottertail has submitted for consideration by the Otter Tail County Board
of Commissioners an Application by a Governmental Subdivision for Conveyance of Tax-Forfeited
Land for an Authorized Public Use, and
WHEREAS, the following described parcel forfeited on Wednesday, August 29, 2001:
Parcel No. 74-000-99-0141-000
Section 14 Township 134 Range 39
Lot 10, Block 16 -Way's Addition, and
WHEREAS, the City of Ottertail desires to acquire this parcel for the addition of public
restroom facilities near a city owned park with shelter and playground equipment and also near other
city owned property which is used for various community events, and
..
Otter Tail County Board of Commissioners' Minutes
October 16, 2007
Page 3
WHEREAS, the Otter Tail County Board of Commissioners has reviewed the above noted
application of the City of Ottertail, dated Friday, October 5, 2007, for the conveyance of the above-
described property for an authorized public use.
NOW THEREFORE BE IT RESOLVED, that the Otter Tail County Board of Commissioners
hereby recommends to the Minnesota Department of Revenue that the application as submitted by
the City of Ottertail be granted.
Commissioner Block seconded the motion and YEAS and NAYS are as follows:
Board of County Commissioners
Everett Erickson
Roger Froemming
Bob Block
Syd Nelson
Dennis Mosher
YEA
X
X
X
X
X
NAY Other
Dated: / 0 /o1,3/67 OF COMMISSIONERS
Application for Exempt Permit
Motion by Nelson, second by Erickson, and unanimously carried, to approve the LG220 Application
for Exempt Permit as submitted by the Make-A-Wish Foundation of Minnesota for an event scheduled
for Sunday, July 19, 2008, at the Playtime Sports Bar, Grill and Ballroom.
Budget Adjustments and Transfers
Motion by Nelson, second by Block, and unanimously carried to approve the following budget
adjustments:
Increase Account No. 01-101-000-0000-6101 from $286,460 to $289,770
Increase Account No. 01-101-000-0000-6170 from $19,098 to $19,352
Temporary Summer Help in County Recorder's office -Technology Fund.
Increase Account No. 01-122-101-0000-6101 from $0 to $4,000
US Fish and Wildlife Grant for Bio Control
Motion by Nelson, second by Block, and unanimously carried to approve the following transfer:
$3,562.67 from Account No. 01-2754 (Recorder's Technology Fund) to Account No. 01-5830
(General Fund Misc. Revenues)
Purchase & Payment Approvals
Motion by Block, second by Froemming, and unanimously carried to approve the purchase of the
following items using the dollars in the Compliance Fund Account:
2 -Gateway E-6610D Computers
2 -Gateway 24" Widescreen HD Monitors
Lenova Thinkpad Computer 89329XU and Extended Warranty
Sub Total
2,846.88
1,221.60
1 056.00
5,124.48
Otter Tail County Board of Commissioners' Minutes
October 16, 2007
Page 4
Portable Training Computers
3 -Lenova Thinkpad Computers 89329XU and Extended Warranty
HP Deskjet 460wf color inkjet printer C815A#A2L
Sub Total
Total
3,168.00
522.00
3,690.00
8,814.48
f • ' •
Motion by Erickson, second by Block, and unanimously carried to approve payment, in the amount of
$16,238.75, to National Business Systems for postage for the mailing of the 2007 Pay 2008 Truth in
Taxation notices.
Motion by Block, second by Erickson, and unanimously carried to approve payment, in the amount of
$5,000.00, to Young and Associates for the following services provided for ·the proposed 60 Bed
Chemical Dependency Health Center:
Preconstruction -Retainer
Construction Documents
Construction Administration
Design Agreement (Total Fee)
Prior Payments:
May 4, 2007
June 22, 2007
July 20, 2007
August 15, 2007
September 28, 2007
July 20, 2007
Total
Balance Remaining Before Current Due
Current Due
Reimbursable Expenses
Total Due
60,000.00
218,600.00
52,178.00
330,778.00
60,000.00
90,400.00
109,400.00
13,0 00.00
9,000.00
109 400.00
281,800.00
48,978.00
5,000.00
00.00
5,000.00
Operation & Maintenance Plan -Crooked Lake Outlet
Motion by Mosher, second by Froemming, and unanimously carried to approve the Amended
Operation and Maintenance Plan (Amended October 2007) for the Crooked Lake Outlet into County
Drainage Ditch 21. The amended Plan changes the definition of the location of the outlet. The
County Attorney will amend other documents as needed.
Training Highway Department
Motion by Nelson, second by Mosher, and unanimously carried to approve the Tuition Assistance
Agreement between the County of Otter Tail and Wade Bugbee for the following MnDOT certification
course: Concrete Field II, $395, four days, various dates and locations.
Road Safety Audit
Motion by Froemming, second by Erickson, and carried with Mosher and Nelson opposed, to
authorize the Highway Engineer to hire SRF Consulting Group of Fargo, ND, to perform a road safety
audit on an intersection in Otter Tail County at a cost of $8,800. The audit will be completed by
November 30, 2007, and presented with findings and recommendations regarding the safety of the
intersection.
Otter Tail County Board of Commissioners' Minutes
October 16, 2007
Page 5
Otter Tail Ag Advisory Committee
President of Otter Tail Ag Advisory Committee, Leon Keller, and member, Bruce Brenden, presented
a resolution encouraging the County Board to adopt a Comprehensive Land Use Plan by November,
2008. Mr. Keller and Mr. Brenden reported that other counties are farther ahead of Otter Tail County
when it comes to land use plans and they expressed a concern that individual townships may begin to
develop more restrictive land use policies than Otter Tail County has outside of the Shoreland area.
They expressed concern that this could create a lot of confusion in the County and result in
development that is not orderly. Lengthy discussion took place regarding shoreland regulation
changes that need to be finalized, the process to develop comprehensive land management, and the
need for rationale and a consultant to move the project forward.
Recess & Reconvene
At 10:49 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 10:54 a.m.
Attorney Fees for Probate Matters
Motion by Erickson, second by Froemming, and unanimously carried to set the maximum Attorney
Fee for one guardianship proceeding at $1,000 (either general guardianship or emergency
proceeding), and to set the maximum Attorney Fee at $1,400, if the guardianship proceeding begins
with an emergency proceeding and involves both emergency guardianship and general guardianship,
as requested by the Court Administrator.
County Ditch 16 and Clitherall Lake
Ditch Inspector, Randy Wasvick, stated that he met with the Clitherall Town Board to discuss the
Clitherall Lake Outlet situation as it relates to County Ditch 16. He stated that the Township and Lake
Association would like to move forward with a control structure. Mr. Wasvick expressed concerns with
this solution as the structure cannot be installed below the Ordinary High Water Level (OHWL) unless
a permit from the DNR is obtained. Mr. Wasvick stated that when the OHWL was checked in late
August, the lake level was below the established OHWL; so no water would be flowing through the
control structure. Discussion took place regarding redetermination of benefits, need for an
engineering study, what determines "as built", and who pays for repairs/improvements. Property
Owner, Ron Sugden, presented Ditch 16 Culvert information and requested approval to replace
culverts at Bonnie Beach Road and North Clitherall Lake Road. DNR Hydrologist,
Terry Lejcher, stated that the solution will require installation below the OHWL and stated that the
State will grant a permit. He stated that there is a bottle neck at Bonnie Beach because the pipes
coming in are bigger than others, and then the flow goes to Highway 210, where the culvert is
oversized. He presented Clitherall Lake Recorded Water Levels which show the elevation is 2 ft.
higher than in the 1950s and Clitherall Lake is often higher than the OHWL. Mr. Lejcher suggested a
temporary solution of doing some excavation upstream of Bonnie Beach until an Engineering Study
can be completed to determine correct pipe size. Discussion took place regarding the culverts on
Ron Sugden's property in relation to the 30" pipe at Clitherall Lake Road. Motion by Block, second by
Froemming, and unanimously carried to authorize the Ditch Inspector to apply for a permit from the
DNR, which would permit Clitherall Lake Township and/or Clitherall Lake Association to clean out the
area from Clitherall Lake to Bonnie Beach Road and clean out from Bonnie Beach Road to North
Clitherall Lake Road. All expenses of this work would be the responsibility of the Clitherall Lake
Association and/or Clitherall Lake Township. A permanent solution would require an Engineer's
Study.
Otter Tail County Board of Commissioners' Minutes
October 16, 2007
Page 6
Planning Commission Recommendations
Conditional Use Permit-Mick & Kevin Moore:
Motion by Mosher, second by Froemming, and unanimously carried to approve a Conditional Use
Permit to replace existing boulder walls with pre-cast walls with conditions as recommended by the
Planning Commission. The property is described as Cedar Park Club Lot 4, Section 30 of Dane
Prairie Township; Swan Lake (56-781), RD.
Conditional Use Permit -Glenn Fladmark:
Motion by Erickson, second by Nelson, and unanimously carried to approve a Conditional Use Permit
to haul in fill subject to the Applicant's revised request to allow a maximum 60' x 65' fill area with
conditions as recommended by the Planning Commission. The property is described as Pt GL,
1.32 AC, Section 27 of Lida Township; Lida (56-747), GD.
Conditional Use Permit "Klimp's Kamp'1/James & John Kimple:
Motion by Nelson, second by Block, and unanimously carried to approve a Conditional Use Permit to
alter a structure on the resort with a condition as recommended by the Planning Commission. The
property is described as Yaquina Bay Lots 1-13 Blk 1, Lots 1-4 Blk 2 and 7.80 AC strip adjacent to
Lots 1 to 13 Blk 1 & Lots 1, 2 & 3 Blk 2 Yaquina Bay, Section 8 of Dead Lake Township; Dead Lake
(56-383), NE.
Final Plats
Motion by Nelson, second by Erickson, and unanimously carried to approve the Final Plat (8 backlots)
of Charles and Sandra Kirchenwitz entitled "Charlie's Beach 3RD Addition" located in Section 29 of
Edna Township; Big McDonald Lake (56-386).
Motion by Nelson, second by Block, and unanimously carried to approve the Final Plat (4 lake lots
and 9 backlots) of Theodore Bergeron entitled "Twin Island Estates" in Section 30 of Edna Township;
Big McDonald Lake (56-386) and Archie Lake (56-1629).
Recess & Reconvene
At 12:08 p.m., Chairman Mosher declared the meeting of the Otter Tail County Board of
Commissioners recessed for lunch break. The meeting was reconvened at 1 :05 p.m.
Findings of Fact and Order -Dog Bite Hearing
Motion by Froemming, second by Block, and unanimously carried to approve the Findings of Fact and
Order regarding the dog owned by Tena Eckhoff and Mark Fraki as presented by the County Attorney.
Employer Benefit Contribution for 2008
Motion by Erickson, second by Block, and unanimously carried to increase the non-union Employer
Benefit Contribution for CY2008 from $750 to $800.
Additional Discussion
Chairman Mosher acknowledged a letter from the MN Department of Health regarding additional
federal Title V Block Grant funding for 2007. Mr. Hauser updated the Board on Drug Court meetings.
Closed to the Public
At 1 :27 p.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 Law Enforcement Collective Bargaining Units. Present were all five seated Commissioners, the
County Attorney, and Board Secretary. Commissioner Nelson was absent at 2:10 p.m.
Otter Tail County Board of Commissioners' Minutes
October 16, 2007
Page 7
Adjournment
At 2:23 p.m., upon conclusion of the closed session, Chairman Mosher declared the meeting of the
Otter Tail County Board of Commissioners adjourned until Tuesday, October 23, 2007.
Dated: _..,,_/_,_()"--.... d='5.,_-_.14"'-+--
Attest: ~/~ ~ LarryKr n, Cerk
CB/kd
Otter Tail County Board of Commissioners' Minutes
October 16, 2007
Attachment A, Page 1
WARRANTS APPROVED ON 10/16/2007 FOR PAYMENT 10/16/2007
VENDOR NAME
A'VIANDS LLC
CYNDI ABBOTT
MARL VS ADAMS
ALL BUILDING CORPORATION
AMERICAN INSTITUTIONAL SUPPLY
AMERICAN WELDING SUPPLIES INC
AMERICAN WELDING-WILLMAR FIRE
ANDERSON HOWE & LANGLIE INC
BRIAN ARMSTRONG
ASSOCIATED BAG COMPANY
BARNA GUZY & STEFFEN LTD
JOHN BARTHEL
BCA TRAINING & DEVELOPMENT
BOB BARKER COMPANY INC
BRANDON COMMUNICATIONS INC
BREEZY POINT RESORT
BRIGGS CORPORATION
MYRNA BUDKE
CAROLINA SOFTWARE
CATCO PARTS AND SERVICE
CENTRAL STATES WIRE PRODUCTS I
CHEMSEARCH
CITY DIRECTORY INC
COMMUNICATION BRIEFINGS
COMPANION ANIMAL HOSPITAL
COOPERS TECHNOLOGY GROUP
CULLEN'S HOME CENTER
CULLIGAN WATER COND
CULLIGAN WATER CONDITIONING
DACOTAH PAPER COMPANY
DENZEL'S REGION WASTE INC
JAMES EASTMAN
ECONO SALES AND SERVICE
MICHELLE ELDIEN
EMBLEM ENTERPRISES INC
EVERGREEN EQUIPMENT INC
FASTENAL COMPANY
STEVE FELT
FERGUS ELECTRIC
FERGUS FALLS MONUMENT CO
FERGUS FALLS POLICE DEPT
CITY FERGUS FALLS
FERGUS POWER PUMP INC
FERGUS TIRE CENTER
FERRELLGAS
FLINT HILLS RESOURCES LP
FRONTIER PRECISION INC
G & K SERVICES
GALL'S INC
GARAGE DOOR STORE
GE CAPITAL (CA)
GENERAL PARTS LLC
GODFATHERS EXTERMINATING INC
GR GRAPHICS INC FARGO
GRAINGER INC
HEALTHCARE ENVIRONMENTAL SERVI
HEISLERS COUNTRY OIL
AMOUNT
10,037.70
71.69
192.67
250.00
106.08
26.83
5.37
6,175.00
371.95
88.45
278.60
133.94
25.00
141.86
316.93
231.82
67.60
63.46
250.00
706.18
1,378.64
340.46
390.00
120.00
37.81
1,947.02
21.25
48.66
10.65
433.47
353.92
351.05
748.29
104.28
241.30
66.56
16.60
24.00
1,868.38
480.00
523.18
3,876.24
248.00
38.00
129.65
12,614.80
59.91
1,377.46
385.51
687.17
372.74
55.27
321.08
58.01
128.70
130.00
850.41
Otter Tail County Board of Commissioners' Minutes
October 16, 2007
Attachment A, Page 2
MARILYN HELLER
HINTERMEISTER INC
HONEYWELL
HOUSTON ENGINEERING INC
ROBERT HUCKEBY
IMAGETECH SERVICES
INSIGHT PUBLIC SECTOR
INTERSTATE ENGINEERING INC
INTERSTATE INC
J & N TACTICAL
JK SPORTS
DEAN JOHNSON
JOHNSTON FARGO CULVERT INC
K-MART
KEEPRS INC CY'S UNIFORMS
KELLY SERVICES INC
LAB SAFETY SUPPLY INC
LAKE REGION HEAL TH CARE CORP
LAKELAND MENTAL HEALTH CENTER
LARRY OTT INC TRUCK SERVICE
LAWSON PRODUCTS INC
LOCATORS & SUPPLIES INC
MANNY'S -ROCKY'S BAIT
MARK SAND & GRAVEL CO
MATTHEW BENDER & COMPANY INC
MCCC Ml 33
DARRAN MEYER
MIDWEST PRINTING CO
MIDWESTERN MAT RENTAL & SUPPLY
MINN KOTA COMMUNICATIONS INC
MINNKOTA
MN DEPT OF NATURAL RESOURCES 0
MN OFFICE OF ENTERPRISE TECHNO
NAPA FERGUS FALLS
PAMELA NESS
NETWORK CENTER COMMUNICATIONS
NORTHLAND BUSINESS SYSTEMS INC
NTOA
OFFICEMAX CONTRACT INC
OLSON OIL CO INC
ONE CALL LOCATORS LTD
OTTERTAIL TRUCKING INC
OVERLAND MECHANICAL SERVICES
PAMIDA INC 008
PEPSIAMERICAS
PERHAM CO OP CREAMERY
PERHAM ENTERPRISE BULLETIN
PERHAM PRINTING & SUPPLY
PERSONNEL EVALUATION INC
PETE'S BODY SHOP & TOWING
CHERYL PETERSEN
PHELPS FAMILY FORD
PINE PLAZA TV APPLIANCE & CAMP
PREMIUM WATERS INC
HENRY PRICE
LANETTE PRIEM
PRO AG FARMERS CO OP
PRO-WEST & ASSOCIATES INC
PROACTION UNIFORMS
PRODUCTIVE ALTERNATIVES INC
97.00
2.81
1,776.50
6,157.00
108.53
140.43
1,547.57
5,572.90
156.10
482.50
59.98
138.97
19,678.85
42.59
35.14
2,468.01
166.64
1,168.00
356.00
1,100.00
128.96
84.99
975.26
8,200.50
1,124.30
77.95
89.97
326.95
74.07
243.31
29.00
150.00
31.03
19.76
· 11.80
1,729.77
2,583.15
40.00
51.88
113.70
91.06
5,875.20
2,041.49
64.38
239.40
819.81
64.46
28.92
16.00
1,245.00
49.99
616.74
3.39
30.33
57.00
29.67
2,201.27
56.25
80.74
151.83
PUBLIC SAFETY CENTER INC
RAY'S OIL COMPANY
RDO TRUCK CENTERS
REVIEW ENTERPRISES INC
RIVER BEND INDUSTRIES
RUTTGERS BAY LAKE LODGE
CHERI SCHULTZ
MARK SCOTT
HEIDI SHJERVE
SIMPLEXGRINNELL LP
DAVID STADUM
STEINS INC
STEVE'S SANITATION INC
STREICHERS
SWANSTON EQUIPMENT CORP
LESLIE SWARTZ
T & K TIRE SERVICE
DEB TABBUT
THERM-AIR SALES CORPORATION
TRANE
TRI STAR RECYCLING
ULTIMATE RENT ALL & RV
UNIFORMS UNLIMITED
UNIVERSITY OF MN PRINTING SERV
VICTOR LUNDEEN COMPANY
VIKING COCA-COLA
WALLWORK TRUCK CENTER
WASTE MANAGEMENT
WEST PAYMENT CENTER
WHITE BANNER UNIFORM SHOP
TRACY WILLIAMS
•••• FINAL TOTAL ..... .
Otter Tail County Board of Commissioners' Minutes
October 16, 2007
Attachment A, Page 3
363.52
669.79
300.26
201.90
845.23
2,502.54
43.08
60.00
10.13
475.00
66.74
1,157.81
747.65
412.05
22.94
9.28
115.80
152.58
4,541.52
1,048.75
1,165.22
253.47
161.11
135.26
713.49
221.85
1,285.31
43,824.51
566.96
54.50
9.76
$183,622.41 ....