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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 10/30/2007MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, Commissioners' Room 500 W. Fir Avenue, Fergus Falls, MN Tuesday, October 30, 2007 9:30 a.m. Call to Order The Otter Tail County Board of Commissioners convened Tuesday, October 30, 2007, at 9:31 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 30, 2007, with the following additions: 9:30 a.m. -Physical Plant Manager, Rick Sytsma -Project Updates 1 :35 p.m. -Closed Session -Labor Negotiation Strategies Approval of Minutes Motion by Nelson, second by Erickson, and unanimously carried to approve the County Board minutes of October 23, 2007, as presented. Approval to Pay Bills Motion by Block, second by Froemming, and unanimously carried to approve payment of the County Board bills per Attachment A of these minutes. Project Updates Physical Plant Manager, Rick Sytsma, updated the Board on the Ottertail Operations Center and Chemical Dependency Facility Projects. Phelps Mill Security & Building Issues Historical Society Executive Director, Chris Schuelke, and Friends of Phelps Mill Member, Richard Osman, presented the Friends of Phelps Mill Annual Report. The Friends of Phelps Mill is a committee of the Otter Tail County Historical Society. Its purpose is to preserve and interpret the historical, cultural and physical fabric of Phelps Mill. Phelps Mill has become a tourist destination with over 2,000 people touring the Mill every year. The Friends of Phelps Mill have accomplished many things during the past year including a fund raiser, getting one roller mill cleaned, and guided tours. Their goals for 2008 include obtaining funding and approval to install a security/fire alarm system and lightning rods in the Mill. The Mill is open 12 hours a day, seven days a week, six months out of the year. Except for daily inspections by the park Caretaker, the Mill is unattended and some vandalism has occurred including graffiti and missing machinery parts. As a County-owned structure, Phelps Mill is eligible for the State Capital Projects Grant. This grant is administered by the Minnesota Historical Society and is a matching funds grant. The Board requested that Mr. Schuelke proceed with applying for the grant. Request to Purchase AEDs Tiny Holm, Safety and Emergency Management Director, informed the Board that Otter Tail County currently has AEDs in the Courthouse, Government Services Center and in the New York Mills buildings. Motion by Froemming, second by Block and unanimously carried to allow the Safety arid Emergency Management Director to purchase two more AEDs and locate them at the 505 South Court building and the Recycling Center with the money to come from the general fund. OTC Board of Commissioners' Minutes October 30, 2007 Page2 Comprehensive Land Use Planning Discussion Land and Resource Director, Bill Kalar briefly discussed Comprehensive Land Use Planning and provided the Board with some information to review. Request for Final Plat Extensions Motion by Erickson, second by Froemming, and unanimously carried to extend the final plat filing for Steve Langley, for the Plat entitled "Woodhaven on Loon", to no later than September 1, 2008. The property is located in Section 35 of Candor Township, Loon Lake (56-523). Motion by Froemming, second by Block and unanimously carried to extend the final plat filing date as requested by Moore Engineering, for the Plat entitled "Phelps Mill River Hills" to January 25, 2008. The property is located in Sections 27 & 28 of Maine Township, Ottertail River. Approval of Final Plats Motion by Nelson, second by Froemming, and unanimously carried to approve the Final Plat of Joshua Bakken entitled "Shoreview on McDonald" located in Sections 30 & 31 of Edna Township; Big McDonald Lake (56-386). Motion by Nelson, second by Froemming, and unanimously carried to approve the Final Plat of Dale & Linda Menze entitled "Quiet Pines Estates" located in Section 29 of Otto Township; Rush Lake (56- 141 ). Motion by Erickson, second by Block, and unanimously carried to approve the Final Plat of Jean Kirby entitled "Birchwood Park" located in Section 9 of Star Lake Township; Star Lake (56-385). Motion by Erickson, second by Nelson and unanimously carried to approve the Final Plat of Phyllis & Dwight Nichols, entitled "Lattimore Beach" located in Section 9 of Dora Township; East Spirit Lake (56-501 ). Recess & Reconvene At 10:20 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 10:25 a.m. Shoreland Management Ordinance Revisions Bill Kalar provided a draft copy of the proposed Shoreland Management Ordinance Revisions. The document was reviewed at length. A Public Meeting will need to be held to review the changes. Recess & Reconvene At 12:16 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. Wetland Easement U.S. Fish & Wildlife Realty Specialist, Don Kleven, requested certification of waterfowl management easements on property owned by Vaughan Family Revocable Living Trust. Motion by Mosher, second by Block, and unanimously carried to certify the following waterfowl management easements as requested: T. 131 N. R. 42 W. 5th P.M. Section 31, SE¼ except that part of the NE¼SE¼ described as follows: Beginning at the East quarter section corner of said Section 31; thence S01°08'17"W (assumed bearing) along the East line of said Section 31; a distance of 587.31 feet; thence N88°47'24"W a distance of 553.35 feet; thence N01°28'43"W a distance of 587.95 feet to the North line of said NE¼SE¼; thence S88°47'24"E along OTC Board of Commissioners' Minutes October 30, 2007 Page 3 said North line a distance of 580.18 feet to the point of beginning and EXCEPT tract for highway of record. T. 131 N. R. 42 W. 5th P.M. Section 19, Lot 6 and the SW¼SE¼, EXCEPT: that part of the SW¼SE¼ of Section 19 described as follows: Beginning at the south quarter corner of said Section 19; thence North 89°26'31" East 502.15 feet along the south line of said Section 19; thence North 14°11 '08" East 520.85 feet; thence North 74°14'01" West 295.96 feet; thence South 15°09'46" West 271.25 feet; thence South 87°25'57" West 276.25 feet; thence South 00°21 '33" East 316.10 feet to the point of beginning, tract containing 5.60 acres, more or less. Subject to easements for roadway purposes over and across the southerly 50.00 feet thereof and a 66.00 foot strip of land lying within 33.00 feet on both sides of the following described centerline: Beginning on the south line of said Section 19, a distance of 392.00 feet East of the south quarter corner thereof; thence North 370.38 feet; thence North 74°50'14" West 101.92 feet and there terminating. AND Lot 7 and the SE¼SE¼ of said Section 19, EXCEPT: Parcel 205 shown in Plat R-34, as recorded in the Otter Tail County Recorder's Office as Document No. 622309, sold to the State of Minnesota. Request for Approval Motion by Mosher, second by Froemming, and unanimously carried to authorize the Highway Department to repair a box culvert on County Ditch 43. Lake Elevations Highway Engineer, Rick West, reported that the elevations on North and South Turtle Lake were declining slightly. Contract Approval Motion by Mosher, second by Nelson and unanimously carried to approve the Contract with Mark & Brenda Constructions dba Delzer Construction for work on the Crooked Lake Outlet in the amount of $213,675.60. Township Sign Program Rick West reported that all 62 townships have signed agreements to participate in the signage program. Payment Approval -Chemical Dependency Facility Motion by Block, second by Erickson, and unanimously carried to approve payment in the amount of $289,626.67 to Midwest Regional Development LLC for the purchase of the following described property: That part of the Northeast Quarter of Section Thirty-two (32), Township One Hundred Thirty-three (133) North, Range Forty-three (43) West, Otter Tail County, Minnesota, bounded on the east by the Plat of Village Cooperative Addition, on the south by the southerly line of the pipeline easement, on the north by the township road, and on the west by Western Avenue and the extension thereof to the north which is owned by the City of Fergus Falls pursuant to the Warranty Deed dated May 22, 2003 between Midwest Regional Development, LLC and the City of Fergus Falls. OTC Board of Commissioners' Minutes October 30, 2007 Page 4 .. Payment Approval Motion by Froemming, second by Mosher, and unanimously carried, to approve payment, in the amo_unt of $9,900.00, to Interstate Engineering for professional services and wetland delineation services for the Otter Tail County Chemical Dependency Building project Approval of Land Surveyor's Certificate of Correction Motion by Erickson, second by Block and unanimously carried, to approve as prepared by Barton G, Ahrens, Professional Land Surveyor -Minnesota License Number 19162 the Land Surveyor's Certificate of Correction to the Plat of Sunset View Estates, Hearing Date Established -County Drainage System No 25 Motion by Nelson, second by Erickson and unanimously carried, to schedule a public hearing at 1 :00 pm on Monday, November 26, 2007, at the Otter Tail County Government Services Center to consider the petition to use County Drainage System No. 25 as an outlet for Little McDonald, Kerbs and Paul Lakes. Premise Permit Otter Tail County Resolution No. 2007 -76 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 Lions Club, Dent, MN, has made an application to the Gambling Control Board for the purpose of conducting lawful gambling at the Pickle Factory, located at 29961 415th St in Dora 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 Lions Club, Dent, MN, at the Pickle Factory, located at 29961 415th St in Dora 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 Lions Club, Dent, MN, at the Pickle Factory, located at 29961 415th St in Dora 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 Dora by sending them a copy of this resolution_ Commissioner Erickson seconded the motion, and upon being put to a vote, was unanimously carried. Adopted and signed this 30th day of October 2007. Dated: _ _,_/.L1-1--/ ,,,.le--1/..,,oc..J7'------ Attest: __ .,..'.,.14, / -.,_µ,~q.4--'-J/-4'U-1< /)=-- Lar~911, c~ ' - Premise Permit OTC Board of Commissioners' Minutes October 30, 2007 Page 5 Otter Tail County Resolution No. 2007 -77 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 Lions Club, Dent, MN, has made an application to the Gambling Control Board for the purpose of conducting lawful gambling at the Cozy Cove Resort, located at 38811 Cozy Cove Road in Dead 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 Lions Club, Dent, MN, at the Cozy Cove Resort, located at 38811 Cozy Cove Rd in Dead 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 Lions Club, Dent, MN, at the Cozy Cove Resort, located at 38811 Cozy Cove Rd in Dead 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 Dora by sending them a copy of this resolution. Commissioner Erickson seconded the motion, and upon being put to a vote, was unanimously carried. Adopted and signed this 30th day of October 2007. Dated: u lo I,, / 07 __ ___,_,__,,~--.~-----OF COMMISSIONERS Larry Kr Classification of Tax Forfeited Lands and Request for DNR Approval and Legislative Support Otter Tail County Resolution No. 2007 -78 Commissioner Froemming offered the following, seconded by Nelson and moved for 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 OTC Board of Commissioners' Minutes October 30, 2007 Page 6 WHEREAS, Said parcels of land have been considered and/or viewed by the County Board of Commissioners and have been classified as non-conservation lands as provided for in Minnesota Statutes 282.01. NOW, THEREFORE, BE IT RESOLVED, That the Otter Tail County Board of Commissioners hereby certifes that all parcels of land on the attached Exhibit A 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 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 requests 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 furthermore respectfully request the Minnesota Department of Natural Resources review and consider the lands identified in Exhibit B for special legislative approval. The question was on the adoption of the resolution, and there were 5 YEAS and _O_NAYS as follows: COUNTY OF OTTER TAIL BOARD OF COUNTY COMMISSIONERS Syd Nelson Everett Erickson Dennis Mosher Roger Froemming Bob Block Adopted this 30th day of October, 2007. Otter Tail By: Attest: YEA X X X X X NAY Closed to the Public Labor Negotiation Strategies OTHER At 1 :50 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 Nurses and Human Services Unions. Present were Commissioners Mosher, Nelson, Froemming and Erickson, the County Attorney, County Coordinator, and Acting Board Secretary. .. Adjournment OTC Board of Commissioners' Minutes October 30, 2007 Page 7 At 2: 11 p.m , Chair Mosher declared the meeting of the Otter Tail County Board of Commissioners adjourned until 9:30 a.m. on Tuesday, November 6, 2007. Dennis R. Mosher, County Board Chair VENDOR NAME A-1 TROPHY A'VIANDS LLC ALLEN'S AUTO BODY & 24 HR TOWI AMERICAN INSTITUTIONAL SUPPLY ARM REGISTRATION OFFICE BACHMAN PRINTING COMPANIES BATTLE LAKE STANDARD TERRY BENNETT BEYER BODY SHOP INC BRANDBORG LAW OFFICE DANE CARLSON CELLULAR ONE CHEMSEARCH CITIZENS ADVOCATE AND VERNDALE CO OP SERVICES INC COMMISSIONER OF TRANSPORTATION DACOTAH PAPER COMPANY DEX MEDIA EAST DICK'S STANDARD SERVICE ROBERT DIEDERICH THE DODGE COMPANY INC KATHY DOMHOLT FARGO GLASS AND PAINT CO FERGUS ELECTRIC FERGUS FALLS MEDICAL GROUP FERGUS FALLS NEWSPAPERS INC FERGUS POWER PUMP INC FERRELLGAS GODFATHERS EXTERMINATING INC GR GRAPHICS INC FARGO GR GRAPHICS INC ST LOUIS MIKE HANAN HITESMAN & ASSOCIATES PA SHELDON HOLM INNOVATIVE OFFICE SOLUTIONS JJ'S COMPANY EXCAVATING LLC JOHNSON CONTROLS INC K & K TRUCK & AUTO REPAIR KEEPRS INC CY'S UNIFORMS KELLY SERVICES INC LAKE REGION HEALTHCARE CORP LARRY OTT INC TRUCK SERVICE CRAIG LEE MARK AND BRENDA CONSTRUCTION I MATTHEW BENDER & COMPANY INC MCCC MI 33 MERIGEN MEDICAL MERITCARE OCC HEALTH MIDWESTERN MAT RENTAL & SUPPLY OTC Board of Commissioners' Minutes October 30, 2007 Attachment A Page 1 AMOUNT 112.90 3,147.98 141. 00 58,83 790.00 1,181.86 111. 20 126.34 276.90 11,088.99 48.00 2,408.54 287.68 131.18 110.78 1,019.63 688.11 356.09 210.87 19.98 154.98 177.33 88.35 30.95 2,063.00 156.00 510.00 222.18 215.13 791.15 219. 72 203.94 600.00 213. 41 270.02 7,313.89 3,621.84 85.20 625.99 667.26 127.65 1,100.00 19.98 61.01 60.45 225.00 115.30 1,800.00 69.60 . . . - VENDOR NAME ALEJANDRA MILIANI MINNERATH CONSTRUCTION INC MN STATE BAR ASSOCIATION ELDON MOREY PHD MORTON SALT NAPA FERGUS FALLS NCELL SYSTEMS INC NORTHERN PLUMBING SUPPLY OFFICEMAX CONTRACT INC OSI ENVIRONMENTAL INC OTIS ELEVATOR CO OTTER TAIL CO TREASURER OTTERTAIL TRUCKING INC PAMIDA INC 008 PAMIDA PHARMACY PEPSIAMERICAS PERHAM CO OP CREAMERY PETE'S BODY SHOP & TOWING PRODUCTIVE ALTERNATIVES INC RELIABLE OFFICE SUPPLIES RICK LEITCH BACKHOE SRVC & PJ SIGNWORKS SPRINT STEINS INC DUSTIN STENGRIM T & K TIRE SERVICE THERMAL TECHNOLOGIES INC TRISHA THOMPSON TNT REPAIR INC TOM'S BODY SHOP TRANQUILITY BUILDING SERVICES TRI STAR RECYCLING TINA TUNGSETH ULTEIG ENGINEERS UNIVERSITY OF MN UNIVERSITY OF MN REFERENCE BOO VICTOR LUNDEEN COMPANY WEST PAYMENT CENTER ZIEGLER INC FINAL TOTAL ...... . OTC Board of Commissioners' Minutes October 30, 2007 Attachment A Page 2 AMOUNT 60.00 19,503.73 574.50 365.00 17,023.14 59.39 6,225.00 19.57 333.63 50.00 101.91 250.21 5,875.20 34.05 6,597.76 239.40 882.00 111.83 31.95 166.39 1,297.50 54.26 680.90 1,972.79 66.00 70.00 25,825.70 72.00 240.55 266.25 452.63 4,193.50 7.36 711.53 655.00 114.45 303.53 2,089.50 362.48 $142,066.78 ****