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Home My WebLink AboutBoard of Commissioners - Minutes - 08/19/2008MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS New York Mills Offices, Courtroom 118 N Main Avenue, New York Mills, MN Tuesday,August19,2008 9:30 a.m. Call to Order The Otter Tail County Board of Commissioners convened Tuesday, August 19, 2008, at 9:31 a.m., at the Otter Tail County Offices in New York Mills, MN, with Commissioners Syd Nelson, Chair; Everett Erickson, Vice-Chair; Bob Block, and Roger Froemming present. Commissioner Dennis Mosher was absent. Approval of Agenda Motion by Froemming, second by Erickson, and unanimously carried to approve the Board of Commissioners agenda of August 19, 2008, with the following addition: Auditor's Office Handout Approval of Minutes Motion by Froemming, second by Block, and unanimously carried to approve the Board of Commissioners meeting minutes of August 12, 2008, as mailed. Approval to Pay Bills Motion by Erickson, second by Block, and unanimously carried to approve payment of the County Board bills per Attachment A of these minutes. 4-H Update 4-H Coordinator, Janet Malone, submitted a handout with 2007 and 2008 East Otter Tail County Fair 4-H Summary statistics. Total Exhibitors in 2007 was reported as 222 compared to 191 in 2008 with 47 advancing to State Events 2008. Ms. Malone shared some 4-H'ers records and stories with Board members to illustrate the learning and thinking processes that take place in the 4-H experience. Solid Waste Department Solid Waste Director, Mike Hanan, reported that construction at the Fergus Falls Transfer Station is behind the original contract completion date. Mr. Hanan will brief the Board after the next construction meeting regarding the expected date of completion. He stated that there are liquidated damages in the construction contract for not completing the project on time. Mr. Hanan discussed a potential need to change his department's name because the general public is often confused in regards to the types of services his department offers. The services revolve around municipal solid waste, household hazardous waste, recycling and the education of all of these programs. He requested ideas from Board members and stated that his department will research the issue further before a recommendation is forthcoming. Recess & Reconvene At 10:11 a.m., Chairman Nelson declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The meeting was reconvened at 10:18 a.m. OTC Board of Commissioners' Minutes August19,2008 Page 2 Proposed Expansion & Joint Powers Board for Perham Resource Recovery Facility Perham City Manager, Kelcey Klemm, presented a handout dated August 18, 2008 explaining the proposed PRRF expansion which has been refined from earlier proposals. This proposal includes the creation of a Joint Powers Board for the governance of the facility including the City of Perham as a partner and continuing as the administrator. The proposal creates a Joint Powers Board, moves forward with the proposed expansion, and refinances the complete project, with each County's responsibility based on garbage delivered. He reported that 9 million dollars is currently owed on the original debt and after the expansion, the debt would be 17.8 million dollars. If Otter Tail County delivers 21,000 tons of waste to the facility, the debt load after the proposed expansion is estimated at 6.5 million dollars which is an increase of 2.4 million dollars over Otter Tail County's current debt and is partially a result of Stearns County leaving the project. The tipping fee, after expansion, was estimated at $55.00 per ton. Mr. Klemm reported that Becker County has shown support in delivering 10,000 tons of waste; however, they have not signed an agreement at this time. The Fergus Falls incinerator has about 1 million dollars of equipment that could be used by the Perham facility; however, concern was expressed that the equipment could be deteriorating because of the length of time it has been unused. Mr. Klemm stated that an extension of the grant deadline with the PCA is not a problem as long as progress can be shown. Discussion took place regarding the additional waste that is needed for the project, improved efficiency after the expansion with two burners running, larger transport fees to haul garbage to landfills, the benefits of incineration over landfilling, and the decreased debt liability from 8% to 5% for the City of Perham in the proposal. Chairman Nelson opened the floor to comments from the public. Doug Huebsch expressed his support for burning waste instead of landfilling and was in support of the economics the facility provides in the Perham area. A comment was expressed by a dairy farmer in support of the facility for the steam it provides to Bongards. A representative of Bongard Creameries spoke in favor of the Perham Resource Recovery Facility and the steam they purchase from the facility as well as the positive economic impact Bongards has on the surrounding area. A representative from Todd County expressed concern about the ramifications that partner counties take on if there is a mistake along the way such as equipment failures or incorrect projections of revenue or expenses. The City of Perham is only affected by overall expenses, not any mistakes that create additional cost for the project. Mr. Klemm stated that the physical construction period for the proposed expansion is estimated at 72 weeks including the permitting process. Chairman Nelson stated that Otter Tail County would deliberate on the issue and projected 1-1½ months for a final decision. Facilities Project Report Physical Plant Manager, Rick Sytsma, briefed the Board regarding building projects including the Ottertail Law Enforcement Operations Center and the 60-bed Chemical Dependency building. Motion by Froemming, second by Erickson, and unanimously carried to authorize the Chairman's signature to execute Amendment No. 4, Lease No. 11202 between the County of Otter Tail and the State of Minnesota Department of Corrections. This lease is for the period of January 1, 2009 through December 31, 2011 for the space the DOC leases at the New York Mills building. Recess & Reconvene At 11 :03 a.m., Chairman Nelson declared the meeting of the Otter Tail County Board of Commissioners recessed until 11 :05 a. m. OTC Board of Commissioners' Minutes August 19, 2008 Page 3 Planning Commission Recommendations Conditional Use Permit-Maine Township: Motion by Froemming, second by Block, and unanimously carried to approve a Conditional Use Permit to replace deficient Bridge No. LO884, with a condition as recommended by the Planning Commission. The project is located at the crossing of Water Street Road and the Otter Tail River in NE1/4, Section 19 & 30 of Maine Township (Old Bridge No. LO884, New Bridge No. 56537, Project No. S.A.P. 56-599-57); Otter Tail River (56-OTR), AG, West Lost Lake (56-481), NE and East Red River Lake (56-573), NE. Preliminary Plat-"Ruby Park", Janet & Roald Lund: Motion by Erickson. second by Froemming, and unanimously carried to approve the Preliminary Plat entitled "Ruby Park" as presented on the revised map received by the Land & Resource Office on July 22, 2008, with a condition as recommended by the Planning Commission. Steven Bergeson submitted a letter dated August 16, 2008 opposed to the development because of two issues; one with the septic system and the other issue that the highest known water level cannot be met. Land & Resource Office Manager, Marsha Bowman, referred to a letter from a licensed installer that verifies that there is enough area for two septic systems and could have mounded systems. Motion by Erickson, second by Froemming, unanimously carried to rescind the previous motion. Applicant, Janet Lund, stated that contractors in the area have all been using the Ordinary High Water Level (OHWL), not the known highest water level, so this could be a problem with other building in the area. Motion by Erickson, second by Froemming, and unanimously carried to table a decision regarding the proposed preliminary plat entitled "Ruby Park" until next week's Board of Commissioners meeting. The applicant waived the 60 day rule. The property is described as Lot 1 Block Two Haugen's Point, Section 8 and 17 of Dunn Township; Pelican Lake (56-786), GD & Bass Lake (56-770), GD. Preliminary Plat & Conditional Use Permit -"Crystal-Lida Beaches Backlots, Twee/on Property Management LLC: Motion by Erickson, second by Froemming, and unanimously carried to approve the Preliminary Plat entitled "Crystal-Lida Beaches Backlots" as presented in the revised map dated July 18, 2008 and to renew Conditional Use Permit #5804 for operating a construction business. The property is described as Crystal Hills 5th Addn Tracts 7 & 9 of Auditor's Subdivision #108 ex trs, Section 11 of Lida Township; Crystal Lake (56-749), RD. Preliminary Plat & Conditional Use Permit "The Shores of Jolly Ann Lake". Gene Woldahl et al: Ms. Bowman stated that the Planning Commission recommended denial of the Preliminary Plat entitled "The Shores of Jolly Ann Lake" with five reasons identified in the August 13, 2008 Planning Commission minutes. Nyberg Land Surveyor, Mike Nyberg, presented pictures of the project area and stated that this is a permitted use under the Otter Tail County Shoreland Management Ordinance. The land is not suitable for farming and the building area meets the requirements of the ordinance. Protection of bluffs is adhered to and there are setbacks from the bluff areas. He requested an opportunity to re-do the project. Mr. Nyberg stated that tests for sewage have been completed and is in the file. The storm water plan directs the water back away from the lake. Property owner, David Braud, expressed opposition to the magnitude of the project. An opinion was expressed that the new families moving into the area are good for the community. These families all want clean lakes, water and wildlife and the proposal will be better for the lake, not worse. Applicant, Gene Woldahl, explained the situation that this is the only use for this property. John Bemis, representing Eagle Lake Township, referred to the Eagle Lake Township Interim Ordinance dated August 18, 2008. He expressed concern about the number of lots and the quality of water that flows downstream. Mr. Bemis requested that the recommended denial of the Planning Commission be upheld. Ms. Bowman read a portion of a letter from County Attorney, David Hauser, dated August 18, 2008 as follows: "In all other cases, no interim ordinance may halt, delay, or impede a subdivision that has been given preliminary approval nor may any interim ordinance extend the time deadline for OTC Board of Commissioners' Minutes August 19, 2008 Page 4 agency action set forth in section 15.99 (60 day rule) with respect to any application filed prior to the effective date of the interim ordinance." Mr. Bemis provided two letters from property owners in opposition to the development for the record. Motion by Froemming, second by Block, to remand the request for approval of the Preliminary Plat entitled "The Shores of Jolly Ann Lake" back to the Planning Commission for reconsideration/redesign. The applicant waived the 60-day rule. Paul Brutlag expressed opposition. Chairman Nelson called for a vote. Motion carried unanimously. The property is described as S1/2 SE1/4 (80 Ac), Section 18 & NE1/4 NE1/4 (40 Ac), Section 19 of Eagle Lake Township; Jolly Ann Lake (56-370), NE. Conditional Use Permit -Bob Biornstad: Motion by Nelson, second by Froemming, and unanimously carried to approve a Conditional Use Permit to construct a township cartway access with a condition as recommended by the Planning Commission. The property is described as Lot 1 Bixby Acres & pt of the dedicated road as dedicated in the plat of Bixby Acres, Section 33 of Dead Lake Township; Dead Lake (56-383), NE. Conditional Use Permit-James & Victoria Trites: Motion by Froemming, second by Erickson, and unanimously carried to deny a Conditional Use Permit to excavate the bank for partial exposure of the basement for the reasons as stated in the August 13, 2008 Planning Commission minutes. The property is described as Lot 6 Kimber Shores, Section 21 of Girard Township; West Battle Lake (56-239), GD. Conditional Use Permit-White Oaks Tst: Motion by Erickson, second by Froemming, and unanimously carried to approve a Conditional Use Permit for topographical alterations and installation of a storage building with conditions as recommended by the Planning Commission. The property is described as Lot 1 Blk 1 Crystal Springs First Addition, Section 3 of Lida Township; Crystal Lake (56-749), RD & Franklin Lake (56-759), RD. Conditional Use Permit -Lance & April Schultz: Motion by Froemming, second by Erickson, and unanimously carried to deny a Conditional Use Permit to reduce a slope as presented and as recommended by the Planning Commission. The property is described as Pt of GL 12, (tract C-3), Section 16 of Edna Township; Berger Lake (56- 1149), RD Conditional Use Permit-Terry Hart & Janet Hustad and Larson Lake Property Partnership: Motion by Erickson, second by Froemming, and unanimously carried to approve a Conditional Use Permit for both of the applications to remove a failing sea wall and install rip rap and boulder outcropping stabilization with a condition as recommended by the Planning Commission. The property is described as Lot 14 & Lot 15 Killarney Beach, Section 4 of Dunn Township; Pelican Lake (56-786), GD. Recess & Reconvene At noon, Chairman Nelson declared the meeting of the Otter Tail County Board of Commissioners recessed for lunch break. The meeting was reconvened at 1 :00 p.m. Highway Project-Request for Retainage Reduction Motion by Erickson, second by Froemming, and unanimously carried to reduce the retainage from Feldt Plumbing, Inc. for the Johnson Lake Pumping Project to 1 % of the original contract. OTC Board of Commissioners' Minutes August 19, 2008 Page 5 Highway Projects -Bid Awards After previously advertising for bids, the following bids were opened at 1 :00 p.m. on August 13, 2008 for S.A.P. 56-599-56: Vendor Lakes Paving Division of Strata Detroit Lakes, MN Central Specialties, Inc. Alexandria, MN Mark Sand & Gravel Co. Fergus Falls, MN Bid Amount $285,846.45 $299,298.04 $378,859.21 Corrected Bid Amount $285,931.45 Motion by Froemming, second by Nelson, and unanimously carried to award S.A.P. 56-599-56, surfacing, shouldering and bridge removal (#3300) to the low bidder, Lakes Paving Division of Strata, at the bid price of $285,931.45. After previously advertising for bids, the following bids were opened at 1 :00 p.m. on August 13, 2008 for S.A.P. 56-601-50 & Etc: Vendor Central Specialties, Inc. Alexandria, MN Mark Sand & Gravel Co. Fergus Falls, MN Knife River Materials Bemidji, MN Bid Amount $1,691,856.54 $1,764,660,74 $2,320,966.72 Motion by Block, second by Nelson, and unanimously carried to award S.A.P. 56-601-50 & Etc., aggregate base, nonwear & wear courses, shouldering & topsoil, to the low bidder, Central Specialties, Inc. at a bid price of $1,691,856.54. Board of Commissioners Meeting Date Change Motion by Block, second by Erickson, and unanimously carried to change the September 16, 2008, Board of Commissioners meeting to Monday, September 15, 2008. The meeting will start at the usual time, 9:30 a.m., and will be held at the same location. This change is needed to accommodate the County's preliminary budget process. Payment Approvals Motion by Froemming, second by Erickson, and unanimously carried to approve payment from the Capital Improvement Fund, in the amount of $6,388.37, to Shultz & Associates, LTD for Project No. 0804 (Otter Tail County Courthouse Master Planning). Motion by Block, second by Erickson, and unanimously carried to approve payment to Braun lntertec for the following costs related to the Chemical Dependency Facility: Invoice No. 296577 Invoice No. 294771 Invoice Date: 07/23/2008 Invoice Date: 06/23/2008 $1,614.00 $1,175.50 $2,789.50 Project No. FA-07-04304 Project No. FA-07-04304 OTC Board of Commissioners' Minutes August 19, 2008 Page 6 Motion by Erickson, second by Block, and unanimously carried to establish compensation for the Absentee Ballot Board Election Judges at $8.50 per hour with a mileage reimbursement at $.585 per mile. Motion by Froemming, second by Erickson, and unanimously carried to appoint the following individuals to serve as election judges as needed on Otter Tail County Absentee Ballot Board for the September 9, 2008 State Primary Election and the November 4, 2008 State General Election: Peggy Avery Lynn Brand Dawn Godel Joanne Larson Nancy Moen Jan Nelson Millie Pearson Karen Prischmann Perrie Sheldon Doug Walvatne Lois Benner Candy Bugbee Mary Hauser Kim Mark Barbara Molter Arlene Nycklemoe Dick Portmann Twila Rudd Cindy Thompson Adjournment Dennis Bogen Sandy Edwards Desta Hunt Mary Moe John Molter Tudy Nycklemoe Ginny Portmann Joyce Schmidt Kathy Wagnild At 1 :32 p.m., Chairman Nelson declared the meeting of the Otter Tail County Board of Commissioners adjourned until Tuesday, August 26, 2008. Dated: _ .... Oc..1y/ ... 2"",3Y/_.2 .. o0 ..... i __ _ Attest /4,;. ~ Lafry Krtfn, Clerk CB/kd OTTER TAI COUNTY BOARD OF COMMISSIONERS By: _.....,.~"'i<l-A---1--jc...:'J,c::..::.~.=..:...------- OTC Board of Commissioners' Minutes August19,2008 Attachment A, Page 1 WARRANTS APPROVED ON 8/19/2008 FOR PAYMENT 8/19/2008 VENDOR NAME A-1 TROPHY AL'S REFRIGERATION AMERIGAS CHERI ANDERSON AT&T MOBILITY AUTO SAFETY SERVICE B & D FOODS INC ERIC BABOLIAN BEAR GRAPHICS INC BEYER BODY SHOP INC BLESI-EVANS COMPANY BLUFFTON OIL COMPANY HEATHER BRANDBORG BRANDON COMMUNICATIONS INC BRAUN VENDING INC CERTIFIED AUTO REPAIR CHEMSEARCH CITIZENS ADVOCATE AND VERNDALE COLLEGE WAY AUTO INC COMPANION ANIMAL HOSPITAL COOPERS TECHNOLOGY GROUP D & T VENTURES LLC DACOTAH PAPER COMPANY NANCY DEN BOER DENZEL'S REGION WASTE INC DEX MEDIA EAST DRIVER & VEHICLE SERVICES DIVS MELANIE DUENOW-RYAN GARRETT EASTWOOD EMERGENCY AUTOMOTIVE TECHNOLOG EVERGREEN EQUIPMENT INC FARGO GLASS AND PAINT CO FARNAM'S GENUINE PARTS INC FERGUS FALLS DAILY JOURNAL FERGUS FALLS POLICE DEPT CITY FERGUS FALLS FERGUS POWER PUMP INC FERRELLGAS FORCE AMERICA FRAZEE FORUM INC FREMONT INDUSTRIES INC G & K SERVICES GALL'S INC GE CAPITAL (CA) GOPHER STATE ONE CALL DANIELLE HENDRICKX CRYSTAL HERMAN HIGH PLAINS TECHNOLOGY HINTERMEISTER INC SHELDON HOLM SANDY HOLO HOOTS SPORTS INDEPENDENT EMERGENCY SERVICES INTERSTATE INC J C'S GENERAL STORE AMOUNT 80.94 227.15 5.33 185.50 1,017.28 909.09 31.36 49.59 1,912.10 79.88 216.91 3,124.23 659.00 382.47 39.34 41.70 750.98 1,161.34 25.19 47.93 555.86 464.00 59.10 117.77 436.80 20.50 30.00 119.95 132.01 11.10 117.42 395.26 262.94 612.03 1,161.83 5,076.78 4,505.00 92.17 1,014.95 468.76 1,144.45 1,810.77 52.81 372.74 31.10 637.88 7.33 58.90 24.66 197.15 95.37 197.62 69.32 40.79 57.37 OTC Board of Commissioners' Minutes August 19, 2008 Attachment A, Page 2 JK SPORTS MATT JOHNSON KELLY SERVICES INC LAKE REGION HEAL TH CARE CORP LARRY OTT INC TRUCK SERVICE LYNN LARSON LAWSON PRODUCTS INC LITTLE FALLS MACHINE INC MANNY'S -ROCKY'S BAIT MARCO INC ST LOUIS MCCC Ml 33 MEKALSON HYDRAULICS INC THE MIDWEEK MIDWEST PRINTING CO MN DEPT OF LABOR & INDUSTRY MN POLLUTION CONTROL AGENCY MN SCIA MOCIC NANCY MOEN NAPA FERGUS FALLS NATIONAL PEN CORPORATION NELSON AUTO CENTER NETWORK CENTER COMMUNICATIONS CITY NEW YORK MILLS OSI ENVIRONMENTAL INC OTTER TAIL CO EMPLOYEES COMMIT OTTER TAIL CO SHERIFF'S POSSE OTTER TAIL TELCOM OTTERTAIL TRUCKING INC OUTDOOR RENOVATIONS LANDSCAPE PEPSIAMERICAS PERFORMANCE PAVING & SEALCOATI PERHAM CO OP CREAMERY PERHAM ENTERPRISE BULLETIN PERHAM SAND & GRAVEL PERSONNEL EVALUATION INC PETE'S BODY SHOP & TOWING PHELPS FAMILY FORD PRO AG FARMERS CO OP PUBLIC SAFETY CENTER INC QUICK'S NAPA AUTO PARTS QUILL CORPORATION RAY'S OIL COMPANY REED BUSINESS INFORMATION REVIEW ENTERPRISES INC ROYAL TIRE INC VICKI SCHWANKE SERVICE FOOD SUPER VALLI SEWER SERVICE SIGNWORKS SOUTH MILL SERVICE SOUTHTOWN C-STORE SPRINT STEINS INC STEVE'S SANITATION INC STREICHERS SWEDBERG NURSERY THERM-AIR SALES CORPORATION TRI-STATE DIVING 135.00 250.00 228.00 1,178.00 625.00 8.08 339.39 590.30 1,821.49 310.02 2,870.97 68.89 423.55 117.15 60.00 400.00 160.00 400.00 7.44 43.84 153.39 25.89 18,594.36 180.00 50.00 808.00 279.95 1,275.97 8,139.40 866.25 356.72 3,675.00 2,933.01 322.04 225.00 16.00 183.18 875.58 79.66 193.71 17.70 99.84 679.70 1,558.44 105.60 215.90 52.65 53.69 240.00 367.43 282.31 596.01 677.79 1,686.10 6,123.36 383.38 452.63 1,584.34 6,901.20 SUSAN ULSCHMID WADENA PIONEER JOURNAL WALLWORK TRUCK CENTER WASTE MANAGEMENT WAYNE'S TOWING WELLS ROAD GRADING WEST PAYMENT CENTER WPSANTENNAS.COM tt•• FINAL TOTAL. ..... . OTC Board of Commissioners' Minutes August 19, 2008 Attachment A, Page 3 91.59 144.80 4,407.15 48,915.39 124.00 490.00 2,812.10 192.92 $159,926.05 ••••