HomeMy WebLinkAboutBoard of Commissioners - Minutes - 09/23/2008MINUTES OF THE
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Government Services Center, Commissioners' Room
500 W. Fir Avenue, Fergus Falls, MN
Tuesday, September 23, 2008
9:30 a.m.
Call to Order
The Otter Tail County Board of Commissioners convened Tuesday, September 23, 2008, at
9:30 a.m., at the Otter Tail County Government Services Center in Fergus Falls, MN, with
Commissioners Syd Nelson, Chair; Everett Erickson, Vice-Chair; Bob Block, Roger Froemming, and
Dennis Mosher present.
Approval of Agenda
Motion by Mosher, second by Froemming, and unanimously carried to approve the Board of
Commissioners agenda of September 23, 2008, with the following changes:
County Ditch #19 Agenda Item -Canceled
9:45 a.m. -VSO Replacement Information
9:50 a.m. -CD Facility Payment Information
Approval of Minutes
Motion by Froemming, second by Block, and unanimously carried to approve the Board of
Commissioners meeting minutes of September 15, 2008, as presented.
Correction to the September 91 2008 Board of Commissioners' Minutes
Motion by Froemming, second by Erickson, and unanimously carried to authorize the following
correction/clarification to the September 9, 2008 Board of Commissioners' Minutes:
Page 2 under the Heading entitled Perham Resource Recovery Facility. the motion currently reads "Motion by
Erickson, second by Froemming and carried with Nelson opposed, to commit 21,000 tons of waste annually to
the current Perham Resource Recovery Facility, however; the Otter Tail County Board does not support an
expansion of the facility due to increased debt and no provisions for maintenance and updates to the facility
during the term of the loan."
The motion is corrected to read: "Motion by Froemming, second by Erickson, and carried with Nelson opposed,
to commit up to 21,000 tons of waste annually to assure that the existing Perham Resource Recovery Facility
project remains viable; however, the Otter Tail County Board does not support an expansion of the facility due to
increased debt and no provisions for maintenance and updates to the facility during the term of the loan."
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.
Human Services Contract
Motion by Erickson, second by Block, and unanimously carried to authorize a Human Services Home
and Community-Based Waivered Services Contract for the period of July 1, 2008 through June 30,
2009 between the County of Otter Tail and Care 2000 Home Health Care of Fergus Falls, MN.
Dog Bite Hearing
County Attorney, David Hauser, opened a Dog Bite Hearing at 9:35 a.m. A dog owned by
Nathan Tonneson had two documented dog bites, one on 8/22/06 and one on 8/9/08.
Nathan Tonneson acknowledged that the dog bites did occur. Discussion then took place regarding
review of the matter and the dispositional situation.
OTC Board of Commissioners' Minutes
September 23, 2008
Attachment A, Page 2
Public Health Nurse, Jessica Metzger, reviewed the circumstances of the bites. This dog is in the
country where there are generally not many people around· or walking by -the most recent incident
was with a neighbor. Motion by Mosher, second by Erickson, and unanimously carried to allow the
dog to continue to be tied on a leash/chain with no tolerance if another bite occurs. Mr. Tonneson
may choose to build a kennel for the dog. Mr. Hauser will draft a document of Findings and Order in
the case.
Veterans Service Officer
VSO, Bernie Gamber, took the Oath of Office for his appointment io the VSO Director position
effective on September 16, 2008. Mr. Gamber briefed the Board on the process to replace his former
position in the Veterans Service Office.
Payment Approval
Motion by Block, second by Mosher, and unanimously carried to approve payment, in the amount of
$544,839.85, from the Construction Fund to Comstock Construction Inc. of Fergus Falls, MN, for the
Otter Tail County 60-Bed State Operated Inpatient Chemical Dependency Treatment Facility based
on Payment Request No. 8 for the project.
Amendment to Otter Tail County Repurchase Resolutions
Otter Tail County Resolution No. 2008 -53
Commissioner Erickson offered the following and moved its adoption:
BE IT RESOLVED, by the Board of County Commissioners of Otter Tail County that application for
repurchase of the properties designated in Exhibit A of Otter Tail County Resolution No. 2008 -50 or
Exhibit B of Otter Tail County Resolution No. 2008 -51 will not be considered if received after
Tuesday, July 22, 2008 which is the date of the above-noted resolutions.
Commissioner Block seconded the motion, which, upon being put to a vote, was carried as follows:
Board of Commissioners:
Dennis Mosher
Roger Froemming
Bob Block
Everett Erickson
Syd Nelson
Dated: ---=O"-j,_,{ .. ]"'v4-'f c:,'-"g'----1 I
YEA
X
X
X
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NAY
CSAH 9/20 Corridor Study
Other
Motion by Erickson, second by Mosher, and unanimously carried to authorize the Chairman's
signature to execute Supplemental Request #2 with SRF Consulting Group, Inc. of Mpls. MN, for
additional traffic data collection and analysis for the CSAH 9/20 Corridor Project. Another public
forum regarding the project is planned for late May of 2009.
Phelps Mill Park Donation
OTC Board of Commissioners' Minutes
September 23, 2008
Page 3
Mr. West requested the Chairman's signature on a Thank You letter to Lida Township for a donation
for the Mill in the Phelps Mill Park. The donation is greatly appreciated by Otter Tail County.
Maintenance Cooperative Agreement between Otter Tail County and MN DNR
Central Lakes State Trail Maintenance
Otter Tail County Resolution No. 2008 -54
Commissioner Mosher offered the following and moved its adoption:
WHEREAS, pursuant to Minnesota Statutes 84.026 and 471.59, subd. 10, the State is empowered to
engage such assistance as deemed necessary and the State is in need of routine maintenance
services on the Central Lakes Trail in Otter Tail County, AND
WHEREAS, Otter Tail County is agreeable to provide the routine maintenance services as described
in the Maintenance Cooperative Agreement for an annual rate of $1,100.00 per mile.
BE IT RESOLVED, that Otter Tail County will provide the maintenance services as per the
Maintenance Cooperative Agreement expiring June 30, 2009 at the annual rate of $1,100.00 per mile
on the Central Lakes Trail.
BE IT FURTHER RESOLVED, the County Board Chair and The County Board Clerk are hereby
authorized and directed for and on behalf of the County of Otter Tail to execute and enter into an
agreement with the MN Commissioner of Natural Resources prescribing the terms and conditions of
same Maintenance Cooperative Agreement for the routine maintenance of the Central Lakes Trail
expiring June 30, 2009.
Commissioner Erickson seconded the motion, which, upon being put to a vote, was carried
unanimously.
Dated: __ Q'-L.JJ~/...,3::...o '-'/ o~[Q__ __ _ I I
Attest: ~fr ~ · La(ryKro ~. Clrk
Delagoon Gun Range
Motion by Mosher, second by Erickson, and unanimously carried to authorize the appropriate County
Officials' signatures to execute a Memorandum of Understanding between the City of Fergus Falls &
Otter Tail County to provide terms and conditions for an expansion of the DeLagoon Gun Range for
law enforcement training.
Recess & Reconvene
At 10:30 a.m., Chairman Nelson declared the meeting of the Otter Tail County Board of
Commissioners recessed for a Building Committee meeting. The Board of Commissioners' meeting
was reconvened at 11 :00 a.m. with Commissioners Syd Nelson, Chair; Bob Block and Dennis Mosher
present. Commissioners Erickson and Froemming were present at 11 :08 a.m.
OTC Board of Commissioners' Minutes
September 23, 2008
Attachment A, Page 4
Planning Commission Recommendations
Preliminary Plat & Conditional Use Permit "Franklin Acres"/Brian L. & Debra I. Houkom:
Motion by Block, second by Mosher, and unanimously carried to approve the Preliminary Plat entitled
"Franklin Acres" as presented in the revised drawing dated September 15, 2008, and to approve a
Conditional Use Permit to construct a road to service the plat. The property is described as Lot 2 Blk
1 & Lot 2 and pt Lot 1 Blk 2, Crystal Springs First Addition & pt of Dedicated Roadway, Section 3 of
Lida Township; Franklin Lake (56-759), RD.
Final Plats
Motion by Block, second by Mosher, and unanimously carried to approve the Final Plat of Norway
Beach Partnership entitled "Norway Estates" located in Section 34 of Tordenskjold Township; Stalker
Lake (56-437).
Motion by Block, second by Mosher, and unanimously carried to approve the Final Plat of Roald &
Janet Lund entitled "Ruby Park" located in Sections 8 & 17 of Dunn Township; Pelican Lake (56-786)
and Bass Lake (56-770).
2009 Natural Resources Block Grant
Motion by Block, second by Mosher, and unanimously carried to approve the 2009 Block Grant
agreement and authorize the Chairman's signature for the period of July 1, 2008 to June 30, 2010.
The motion also approves the 2009 Block Grant distribution dated 9122/08 as presented by the Land
and Resource Administrator.
Planning Commission Recommendations
Preliminary Plat "Saterlee Acres"/Lowe/1 Saterlee:
Motion by Erickson, second by Froemming, and unanimously carried to approve the Preliminary Plat
entitled "Saterlee Acres" consisting of 2 non-riparian single family residential lots with a condition as
recommended by the Planning Commission. The property is described as Pt of GL 4 & 5 (5 Acres),
Section 2 of Dora Township; Loon Lake (56-523), RD.
Modification of CUP-Clair & Barb Prodv. Doug & Sandy Marohl. and Joe & Becky Greenaqel:
Motion by Froemming, second by Mosher, and unanimously carried to approve a modification to
Conditional Use Permit #6497 as requested in the modified drawing. dated 9/5/08. .The project is
located on Girard Beach Lane, behind Lots 41-52 of Girard Beach, Section 30, Girard Township; West
Battle Lake (56-239), GD.
Preliminary Plat-"Turner Point 2:'d Addition"/Delbert Turner:
Motion by Froemming, second by Erickson, and unanimously carried to approve the Preliminary Plat
entitled "Turner Point 2nd Addition" consisting of 2 single family residential lots as presented. The
property is described as Lot 4 Block One Turner Point, Section 8 of Everts Township; Otter Tail River
(56-0TR), AG & Deer Lake (56-298), RD.
Preliminary Plat & Conditional Use Permit -"The Shores of Jolly Ann Lake"/ Gene Woldahl et al:
Land & Resource Administrator, Bill Kalar, stated that the Planning Commission offered a motion to
recommend approval; however, the motion failed which constitutes a denial. The current proposal
consists of 12 lake lots (previously there were 13) and 2 large backlots. Mr. Kalar showed a map of
the new proposal.
OTC Board of Commissioners' Minutes
September 23, 2008
Page 5
Surveyor, Mike Nyberg, spoke about some concerns relative to protection of the lake. Currently, there
is grazing to the lake and tiling to the west resulting in degradation of the shore impact zone. These
problems are caused by agricultural uses, which is not the fault of residential development.
Mr. Nyberg stated that the Board of Commissioners sent the developers back to the Planning
Commission to redesign the plat. To protect the shoreline, the developers reduced the open area for
docking to 20' and increased the buffer along the shoreline from 20' to 30'. He stated that the land is
zoned for residential use and it can be developed without causing problems on the lake.
Mr. Nyberg noted that an open-space type of development was mentioned at the Planning
Commission; however, this does not exist in the Otter Tail County Shoreland Management Ordinance.
He noted that the developer has followed through with all the rules including size of lots and lakeshore
frontage, which is more than the requirements in the Ordinance. He felt that conditions have been
offered to protect the lake.
Eagle Lake Township Officer, John Bemis spoke against the proposed development.
Owner, Charlotte Woldahl, stated that they cannot farm the area anymore and are forced to sell, but
now, all the value is taken out of the property even though it is assessed for taxes at a high rate
because the property is on a lake. She stated that her family is not wealthy enough to pay the taxes
and that they would not be able to survive.
Owner of Viking Valley Hunt Club, Les Bensch, spoke in opposition to the development. He
submitted pictures of the area.
Mr. Nyberg clarified that on the Department of Natural Resources website, Jolly Ann Lake is
described as 344 acres and 89' deep. Different numbers were used at the Planning Commission
meeting. He stated that all pertinent permit applications and notifications have been completed or will
be finalized prior and during construction.
Mike Pfiester from Secluded Land Company spoke in regards to complying with the MPCA, County
Ordinance and providing thorough documentation as a good developer. Property Owner,
Gene Woldahl provided aerial photographs of the lake and expressed concern about the high taxable
value of the property.
Planning Commission Member, Leona Zimmerman read the motion made by the Planning
Commission and referred to reasons for denial in the August 13, 2008 recommendation. Mr. Nyberg
explained that the motion recommending approval of September 17, 2008 by the Planning
Commission included solutions to each of the previous reasons for denial.
Motion by Block, second by Froemming and carried 3-2, with Nelson and Mosher opposed, to deny
the Preliminary Plat entitled "The Shores of Jolly Ann Lake" consisting of 12 lake lots and 2 large
backlots and the Conditional Use Permit to service the proposed plat as recommended by the
Planning Commission. Reasons for the denial are as follows: 1. The environmental impact is going
to be extreme on soil, vegetation, fish and wildlife. 2. Hazards may be created on both land & water
because of the bluffs and the minimum sized lots. 3. The area is extremely sensitive due to the trees,
the lake (Natural Environmental) and bluffs onsite. 4. Lack of adequate lot area and water frontage.
Mr. Nyberg requested reconsideration of the motion if the plat was reduced by an additional lake lot to
a total of 11. Reapplying, in this case, is complicated by a moratorium on development for 8 months
instituted by Eagle Lake Township. No further action was taken. 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.
OTC Board of Commissioners' Minutes
September 23, 2008
Attachment A, Page 6
Conditional Use Permit Salinger's Resort/Jon Solinger:
Motion by Erickson, second by Block, and unanimously carried approve a Conditional Use Permit to
replace two rental cabins with a new owner's residence as presented. The property is described as Pt
of GL 2, Lot 1 Blk 1 Sun Rise View Beach 1st Addn, and Lot 1, 2, 3, 4, 5, 6 & 7 Nelson's Outlook
Beach, Section 29 of Lida Township; Lake Lida (56-747), GD.
Conditional Use Permit -Jeffrey & Rebecca LeOoux & Kenneth Lien:
Motion by Erickson, second by Froemming, and unanimously carried to approve a Conditional Use
Permit to replace a shared wood foundation retaining wall with a two tiered modular block system as
presented. The property is described as Lot 7 Pelican Lake Park & Lot 8 remain one parcel #1329-
004, #785 & 68-010 not to be split, Pelican Lake Park, Section 5 of Dunn Township; Pelican Lake
(56-786), GD.
Conditional Use Permit-Amor Township:
Motion by Froemming, second by Mosher, and unanimously carried to install a 2nd culvert from
Eldorado Road to Otter Tail Lake at the same grade as existing culvert as presented. The property is
described as Pt of Eldorado Beach Rd, Lot 19 & that pt Lot B dir N of Lot 19 Shirley Beach and SW
54' on lake Lot 18 & that pt of S 270' Lot B Shirley Beach, Section 22 of Amor Township; Otter Tail
Lake (56-242), GD.
Recess & Reconvene
At 12:00 p.m., Chairman Nelson declared the meeting of the Otter Tail County Board of
Commissioners recessed for a joint meeting with the City of Fergus Falls regarding the proposed
Tower Road & Bridge project. The Board of Commissioners' meeting was reconvened at 1 :06 p.m.
Market Value/Mass Apprasisal System Discussion
Assessor, Bob Moe and Local Realtor, Tom Verhelst, discussed the local appeal process and the
Board of Equalization process. Mr. Verhelst questioned the reasons for disqualified sales and
provided examples. He requested more consistency in this area based on the circumstances of the
sale rather than the sale price as compared to the assessed value. Mr. Verhelst explained that
unqualified sales are not used in the appeals process and are not included in the ratios. He stated
that if too many sales are thrown out when the sale price is below the assessed price, you will not get
real numbers for property values. Mr. Verhelst also stated that the public has a perception that there
is no use in making an appeal. Mr. Moe stated that every disqualified sale is reviewed by the
Department of Revenue. Discussion took place regarding a $30,000 site increase if the property is on
a lake and has well and septic. Mr. Verhelst suggested a substandard lot surcharge to the properties
in this category. Mr. Moe explained that the County has a mass appraisal system that needs to be 90
to 100% of assessed value every year by State law. The Department of Revenue looks at all property
types and in order to take definitive action, there must be 6 sales and there has not been State
ordered changes for Otter Tail County for several years.
Closed to the Public
At 1 :55 p.m., Chairman Nelson declared the meeting of the Otter Tail County Board of Commissioners
closed to the public for the purpose of evaluating the performance of Assessor, Robert Moe, pursuant
to M.S. Chapter 130.05 Subd. 3. Commissioners Nelson, Erickson, Block, Froemming, and Mosher
were present for the evaluation. A summary of performance conclusions will be provided at the next
regular County Board meeting.
•·, ...
Adjournment
OTC Board of Commissioners' Minutes
September 23, 2008
Page 7
At 2:29 p.m., upon completion of the Closed Session, Chairman Nelson declared the meeting of the
Otter Tail County Board of Commissioners adjourned until Tuesday, September 30, 2008.
Dated: -----"'0-1-"t-1--f 2 ....... 3..;.(.,,::0.a..x'. __ _ I >
CB/kd
By:
J..~COMMISSIONERS
Commissioners Chair
.. . . .
OTC Board of Commissioners' Minutes
September 23, 2008
Attachment A, Page 1
WARRANTS APPROVED ON 9/23/2008 FOR PAYMENT 9/23/2008
VENDOR NAME
CYNDI ABBOTT
ALL CREATURES VET HOSPITAL
BRIAN ARMSTRONG
ERIC BABOLIAN
BALLARD SANITATION INC
BATTLE LAKE BOY SCOUTS TROOP
BLUESTONE TECHNOLOGIES INC
BOB'S STANDARD BULK SERVICE
HEATHER BRANDBORG
BRANDON COMMUNICATIONS INC
BREITBACH CONSTRUCTION CO
BRETZ HARDWARE
BUY-MOR PARTS & SERVICE LLC
CABELA'S INC
CARQUEST AUTO PARTS
CENTRAL DOOR & HARDWARE INC
CERTIFIED AUTO REPAIR
RYAN CHESHIRE
CITIZENS ADVOCATE AND VERNDALE
COOPERS TECHNOLOGY GROUP
CULLEN'S HOME CENTER
DALLAS SAILER ENTERPRISES
AMANDA DUNHAUR
ELECTION SYSTEMS & SOFTWARE IN
FERGUS ELECTRIC
FERGUS FALLS DAILY JOURNAL
FERGUS FALLS MEDICAL GROUP
FERGUS FALLS POLICE DEPT
FERRELLGAS
FERRELLGAS FERGUS FALLS
FORCE AMERICA
GOPHER STATE ONE CALL
CHRISTINE GREENE
MIKE HANAN
HEDAHLS HEADQUARTERS
MARILYN HELLER
HINTERMEISTER INC
SHELDON HOLM
SANDY HOLD
HOME LINE
HOOTS SPORTS
THE INDEPENDENT
KELLY SERVICES INC
LAKE REGION ELECTRIC CO OP
LAKE REGION HEALTHCARE CORP
LAKELAND MENTAL HEALTH CENTER
LAKES RADIO
LAKEWAY MARKET LLC
LARRY OTT INC TRUCK SERVICE
LEN'S REPAIR
MARCO INC ST LOUIS
MARLIN'S SMALL ENGINE REPAIR
MATTHEW BENDER & COMPANY INC
WENDY METCALF
THE MIDWEEK
MINNKOTA
AMOUNT
73.30
39.35
262.24
62.11
2,597.20
3 246.50
428.22
126.40
805.71
12,219.24
145,825.00
15.50
59.21
276.83
66.03
650.00
27.65
57.69
254.40
253.86
468.59
43.40
356.47
7,427.24
552.03
297.04
35.00
562.96
52.52
39.44
356.81
16.60
11.99
115.42
35.83
459.88
.51
183.69
93.69
16.00
492.21
303.68
304.00
309.40
1,100.00
1,504.75
50.40
29.00
1,875.00
9,400.00
310.02
122.74
479.84
198.90
50.75
29.00
OTC Board of Commissioners' Minutes
September 23, 2008
Attachment A, Page 2
MN CO RECORDERS ASSOCIATION
MN FRAUD INVESTIGATORS ASSOC
MN OFFICE OF ENTERPRISE TECH NO
JIM MYHRE
NAPA FERGUS FALLS
NELSON AUTO CENTER
PAMELA NESS
NIEMELA REPAIR
NORTHERN PLUMBING SUPPLY
NORTHLAND BUSINESS SYSTEMS INC
OFFICEMAX INCORPORATED
OLSON OIL CO INC
OTC TREASURER
OTTER TAIL CO RECYCLING
OTTERTAIL TRUCKING INC
PAMIDA INC 008
PARK REGION CO OP
KRISTIE PARTAIN
STACY PAULSETH
PEMBERTON SORLIE RUFER KERSHNE
PEPSIAMERICAS
PERHAM ENTERPRISE BULLETIN
PERHAM MEMORIAL HOSPITAL & HOM
PERHAM SAND & GRAVEL
PITNEY BOWES
PRO AG FARMERS CO OP
QUILL CORPORATION
RDO EQUIPMENT CO FARGO
ROYAL TIRE INC
RYAN'S REPAIR
SAFELITE FULFILLMENT INC
SERVICE FOOD SUPERVALU
SHERWIN WILLIAMS
HEIDI SHJERVE
SIGNWORKS
SPRINT
STEINS INC
STREICHERS
CHRIS STUBER
SUPER SEPTIC INC OF PELICAN RA
LESLIE SWARTZ
DEB TABBUT
TDS METROCOM
TRANQUILITY BUILDING SERVICES
SUSAN ULSCHMID
UNICEL
UNITED PARCEL SERVICE
VIKING COCA-COLA
VOSS LIGHTING
WADENA CO AUDITOR TREASURER
WADENA PIONEER JOURNAL
WAGON WHEEL
ROBERT WEATHERLY
TRACY WILLIAMS
ZACK JONES & MAGNUS
.... FINAL TOTAL ...... .
50.00
50.00
1,200.00
360.49
11.52
870.17
13.63
58.04
332.27
3,140.30
1,311.71
12.04
97.68
4,516.61
9,049.80
6.91
37.27
64.94
39.80
663.00
229.23
50.50
15.00
4,062.50
1,594.47
4,306.29
232.75
78.38
581.84
95.10
420.33
99.34
61.15
10.89
160.92
672.64
1,805.69
95.84
112.32
77.19
11.11
10.25
.38
452.63
208.84
45.99
28.00
236.27
340.25
1,159.94
144.80
55.00
785.38
12.55
1,337.40
$233,508.58 ••••