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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 06/02/19980 0 0 Call to Order The Otter Tail County Board of Commissioners convened Tuesday, June 2, 1998 at 9:30 a.m. at the Otter Tail County Courthouse with Commissioners Malcolm Lee, Chair; Syd Nelson, Bill Stone, and Virginia Partmann present. Commissioner Lindquist was present at 10:00 a.m. Approval of Agenda Motion by Partmann, second by Stone, and unanimously carried to approve the County Board agenda of June 2, 1998 with the following change: Highway Engineer agenda items scheduled for 10:30 a.m. were canceled and replaced with Tiny Holm for beaver control discussion. Approval of Minutes Motion by Partmann, second by Nelson, and unanimously carried to approve the County Board minutes of May 26, 1998 as submitted. Enactment of Sanitation Code Ordinance At 9:32 a.m., Chairman Lee continued the public hearing for the proposed Otter Tail County Sanitation Code Ordinance. Land & Resource Director, Bill Kalar, presented a draft copy of the Sanitation Code of Otter Tail County (SC6~1 ). Mr. Kalar reviewed the language on Page 11 under section 56.0315 and Page 12 subp. 4. Motion by Partmann, second by Stone, to ordain that the County Board enact the Sanitation Code of Otter Tail County as presented (draft copy SC6~1) effective July 15, 1998. This Ordinance replaces the Sanitation Code of Otter Tail County effective April 13, 1993 and the Sewage Disposal Systems Cleaners Ordinance effective May 1, 1973. Chairm,~n 'Lee called for a roll call vote: ·· · · Commissioner Stone Commissioner Nelson Commissioner Partmann Commissioner Lee Motion carried. Yea X X X X Beaver Damage Control Ditch Inspector, Tiny Holm, returned to the board regarding beaver damage control via the Northwest Joint Powers Board. Mr. Holm reported that this joint powers board is part of the MRCC and there is no additional cost to join the organization. Otter Tail County must join by July 1, 1998. He stated that the county's share of costs could be paid by the individual(s) requesting beaver control by writing an agreement between the county and the people requesting services. Otter Tail County Board of Commissioners June 2, 1998 Page 2 Beaver Damage Control Program Otter Tail County Resolution No. 98-36 Commissioner Stone moved for the adoption of the following resolution: WHEREAS, the State of Minnesota Department of Agriculture has designated funding to be used in allocation for beaver damage control to the joint Power Board in a fifteen County and Red Lake Nation area, and WHEREAS, Otter Tail County's share of these funds are to be used in those townships who elect to participate in the program, and WHEREAS, the State of Minnesota Department of Agriculture requires a matching share for each County that participates; NOW, THEREFORE, BE IT RESOLVED, that Otter Tail County, participating in the Beaver Damage Control Program, will authorize the matching fund requirement for the State of Minnesota Department of Agriculture. Commissioner Nelson seconded the motion for the adoption of the resolution and it was declared adopted upon the following roll call vote: Commissioner Partmann Commissioner Stone Commissioner Nelson Commissioner Lee Adopted this 2nd day of June, 1998. Dated: ~ lltJoP , 9, /19,R Attest: /~ / L -La~rry=K-ro"'r~rn--+, ~-I -rk __ _ Yea X X X X County Board Meeting Rescheduled Nay Motion by Partmann, second by Nelson, and unanimously carried to change the regularly scheduled Human Service and County Board meetings of Tuesday, June 23, 1998 to Wednesday, June 24, 1998. The Human Services meeting will convene at 9:30 a.m. and the Board of Commissioners meeting at 1 :00 p.m. as usual. Request for Approval of Attendance to Out-of-State Conference County Attorney, David Hauser, · reported that Fraud Investigator, Al Anderson, has been nominated to be President of the United Council on Welfare Fraud. Mr. Hauser reported that 50% of costs to attend the conference are reimbursed by the federal government. He requested that the county reimburse Mr. Anderson for the remainder of the expenses. Motion by Partmann, second by Lee to approve this opportunity for Mr. Anderson as President of the United Council on Welfare Fraud. Discussion followed. Commissioners requested estimated costs. Motion withdrawn for cost estimates. 0 0 0 0 0 0 Cormorant Lake Issue Otter Tail County Board of Commissioners June 2, 1998 Page 3 At 10:00 a.m., Attorney Tom Graham, representing the Pelican Group of Lakes Improvement District, and Attorney Dan Crothers, representing the Pelican Lake Property Owners' Association addressed issues resulting from high water on Cormorant Lake. Mr. Graham reported that a series of meetings regarding the high water on Cormorant Lake were held and there has been no voluntary agreement between the representatives of Cormorant Lakes and the lakes downstream with regard to discharge of water. The Cormorant Watershed District requested to lower the water level on Cormorant Lake and that the Commissioner of the DNR exercise emergency powers per statute to drain Cormorant Lake to the OHWL and potentially below that level. The DNR has denied emergency powers, however, the DNR's position is that they do not have jurisdiction for water over the OHWL. Mr. Graham further explained the watershed district's plan to replace the current pipe that empties into Spring Creek to a 14' box culvert. The flow of water would be greatly increased. Mr. Graham stated that these lakes are public waters and the DNR has statutory obligation to exercise jurisdiction over public waters and decide this issue. The downstream lakes are already high (over the OHWL) and are concerned with potential damage from increased water from Cormorant Lake. Dan Crothers stated that this water will affect Otter Tail County property owners. Mr. Graham and Mr. Crothers requested the support of the county to commence litigation to force the court to require the DNR to decide the issue and determine when and how drainage should occur. Representative of the Pelican Lake Property Owners Association, Vic Horne, read a letter for the record. The letter opposes additional drainage from Cormorant Lake and sites reasons for additional information. Mike Ostbye agreed with the comments of the attorneys and Mr. Horne and also requested the county's support. Lengthy discussion continued regarding county liability, effects of a proposed carp screen, and flooded sewer systems. Commissioner Lindquist asked the attorneys what they envision as a cooperative movement. Mr. Graham requested the county's support to name Otter Tail County as one of the three plaintiffs in legal action. Discussion continued regarding potential damage if the CSAH No. 9 structure remains in place and the Cormorant outlet is increased as proposed. The Highway Engineer reported that portions of CSAH No. 9 could wash out with this situation. Commissioner Partmann questioned the Highway Engineer regarding the county's potential cost if ½ mile of the road washed out. Mr. West estimated potential cost for taxpayers of $150,000 to $200,000. Commissioners agreed to delay a decision in this matter for one week to allow time for the County Attorney and County Coordinator to research potential for long term liability, financial obligations if the county decides to join these organizations in an injunction, and costs of outside council. Recess and Reconvene At 10:50 a.m., Chairman Lee declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The meeting was reconvened at 10:55 a.m. Courthouse Remodeling Physical Plant Manager, Rick Sytsma, provided handouts of the Otter Tail County base bids and contractors for Phase I of the Courthouse remodeling project. Building Committee member Andy Lindquist, explained that the courthouse building was built in the 1920's and needs to be Otter Tail County Board of Commissioners June 2, 1998 Page 4 upgraded for life safety codes (fire codes, handicap accessibility, air quality). He reported that $49,144 has been set aside as alternative funding and $150,000 as contingency funds in case unexpected problems occur. The county has $1,250,000 set aside for this project. Mr. Sytsma 0 reported that in addition to the first floor remodeling, the washrooms on third floor will be relocated when the elevator is installed. Construction Manager, Marland Hoff, explained procedures for change orders during this construction project. Motion by Partmann, second by Lindquist, and unanimously carried to authorize the appropriate county officials to enter into contract agreements with low bidders as presented by the letter dated May 28, 1998. The bid approved consists of a base bid of $1,350,752 that includes a $150,000 contingency fund and $40,000 for construction support plus $49,144 for alternate funding for a total project cost of $1,399,896 as recommended by the Building Committee. Payment Approved At 11 :20 a.m., with Commissioner Nelson absent from the meeting, motion by Lindquist, second by Partmann, and unanimously carried, to approve payment in the amount of $66.00 to Harold Thorson for hauling one horse from Elizabeth Township to the Lake Region Veterinary Clinic in Elbow Lake as authorized by Minnesota Statute 343.23. Reappointment Motion by Lindquist, second by Stone, and unanimously carried to reappoint Ray Mounts to another term on the Otter Tail Water Management District Board effective July 1, 1998. Approval of Liquor Licenses Motion by Stone, second by Lindquist, and unanimously carried to approve the following 0 applications for license: \w Big Pine Resort John Miller Perham, MN Chase's Ethel Beach Resort & Rest. Allen Chase Battle Lake, MN Collins Landing Jodie Rae Collins Dent, MN Dave and Louise's Louise Trana Ottertail, MN Hidden Acre Resort Craig Ronning Vergas, MN Lakeland General Store Robin D. Johnson Pelican Rapids, MN On/Off Sale 3.2 Malt Liquor License On Sale Wine License On Sale 3.2 Malt Liquor License Off Sale 3.2 Malt Liquor License On/Off Sale 3.2 Malt Liquor License On/Off Sale 3.2 Malt Liquor License Off Sale 3.2 Malt Liquor License 0 • () 0 0 Lakeside Market Roger Vie Battle Lake, MN Oakwood Golf Course Bonnie Kern Ottertail, MN Woodland Park Resort Donald Bistodeau Henning, MN Zorbaz of Pelican Lake, Inc. Pelican Rapids, MN Otter Tail County Board of Commissioners June 2, 1998 Page 5 Off Sale 3.2 Malt Liquor License On/Off Sale 3.2 Malt Liquor License On/Off Sale 3.2 Malt Liquor License On/Off Sale 3.2 Malt Liquor License On Sale Wine License Premise Permit Otter Tail County Resolution No. 98-37 Upon a motion by Lindquist, second by Partmann, and unanimously carried, the Otter Tail County Board of Commissioners adopts the following resolution: 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, VFW Post 612, Fergus Falls, MN, has made an application to the Gambling Control Board for a premise permit to conduct lawful gambling at the Ten Mile Lake Steakhouse, in Tumuli Township of Otter Tail County; and WHEREAS, Minnesota Statute 349.213 provides that the Gambling Control Board may not issue a permit unless they receive a resolution from the Otter Tail County Board of Commissioners approving the permits; and .,., ··. :.· .,,, WHEREAS, The Otter Tail County Board of Commissioners is aware of no reason to oppose the conduct of lawful gambling by the VFW Post 612, Fergus Falls, MN, at the Ten Mile Lake Steakhouse, in Tumuli 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 VFW Post 612, Fergus Falls, MN, at Ten Mile Lake Steakhouse, in Tumuli 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 Tumuli by sending them a copy of this resolution. Adopted this 2nd day of June, 1998. Dated: __:~:.ul=/--N""'-"-, -'j-, _,._/_,_9 9.u..'8.,__ __ Attest: /~~ ~ Larry Kroh, Clrk OTTER TA COUNTY BOATD COMMISSIONERS 0 . B ~/~.y--h Otter Tail County Board of Commissioners June 2, 1998 Page 6 Approval of Bills Motion by Stone, second by Lindquist, and unanimously carried to approve bills in the amount of $110,432.78 minus $190.26 for an adjusted total of $110,242.52 per Attachment A of these Q. minutes. The lodging payments included in the bills are as follows: Grand View Lodge VSO, Chester Toso & Jourdan Sullivan Holiday Inn HHW Recycling Floater, David Stadum Holiday Inn Arden Hills Detective, Richard Tamke Ruttger's Bay Lake Lodge Fraud Investigator, J. Allan Anderson Sheraton Inn Midway Sheriff, Gary Nelson Approval to Attend Out-of-State Conference At 11 :25 a.m., with Commissioner Nelson present, County Attorney David Hauser, requested approval to send Karen Cooper, Assistant County Attorney, to a trial school in South Carolina sponsored by a National Trial Association. Motion by Partmann, second by Lindquist, and unanimously carried to approve Karen Cooper's attendance at the conference as described above. Board Request County Commissioners directed Coordinator, Larry Krohn, to attend the Human Service Board meetings effective June 9, 1998. Adjournment At 11 :30 a.m., Chairman Lee declared the meeting of the Otter Tail County Board of Commissioners adjourned until 1:00 p.m., Tuesday, June 9, 1998. Dated: IL COUNTY BOARD OF COMMISSIONERS By·~~~~/('(_f_~~L::::'.::=_ ___ _ Mal olm K. Lee, Chair Attest ~~ LanyKrn,7erk CB/kd Attachment 0 0 ... ·.' 6/04/1998 11:27:32 0 HWEISS OTTER TAIL COUNTY AUDITOR RECEIPTS AND DISBURSEMENTS SYSTEM WARRANTS FOR PUBLICATION Otter Tail County Warrants June 2. 1998 Page 1, Attachment A IFD66 COUNTY 56 PAGE 1 WARRANTS APPROVED ON 6/02/1998 FOR PAYMENT 6/02/1998 VENDOR NAME A-1 LOCK AND KEY ACME TAG & LABEL CO. ALBINSON INC. ALTERNATIVE MICROGRAPHICS INC. AMERICAN INSTITUTIONAL SUPPLY ARROW EQUIPMENT CO. AUTO GLASS ASSOCIATES BATTLE LAKE STANDARD BCA-TRAINING & DEVELOPMENT BEST INC. BESTFOODS SPECIALTY PRODUCTS BLACK HILLS AMMUNITION BRIGGS CORPORATION CARR'S LAKE COUNTRY SUPERMKT CENTRAL STATES WIRE PRODUCTS CITY DIRECTORY INC. CO-OP SERVICES INC. COMMISSIONER OF TRANSPORTATION COOPER'S OFFICE SUPPLY INC. DACOTAH PAPER COMPANY DAN'S EXHAUST PROS DENT OASIS INC. DENZEL'S WELDING DOYLE INCORPORATED E & V CONSULTANTS EAST OTTER TAIL CO EXTENSION ECOLAB PEST ELIMINATION ELDER'S RADIO COMMUNICATIONS MICHELLE ELDIEN FAITH AND FELLOWSHIP PRESS FALLS AUTOMOTIVE INC. FERGUS AUTO SUPPLY FERGUS FALLS MEDICAL GROUP FERGUS FALLS POLICE DEPARTMENT FERGUS INTERNATIONAL INC. FERGUS TIRE CENTER FERRELLGAS ROBERT FOREMAN FOTH & VAN DYKE BRIAN FOX G. FREDERICK GE CAPITAL IT SOLUTIONS DONNA GEISER GENERAL OFFICE PRODUCTS CO. GERALD N .. EVENSON INC. GOODIN COMPANY GR GRAPHICS INC. GRAND VIEW LODGE TIM GRIEP AMOUNT 1.86 260.66 1,499.77 133.13 105.16 46.02 607.71 272 . .90 160.00 4,338.13 1.93.75 13.9.50 128.36 77.58 2,595.41 344.00 366.68 1.98 . .9.9 80.9 . .97 57.21 . 36.46 6.9.12 1,064.00 65 . .96 7,165.19 72.73 335.48 80.26 6.10 121.3.9 203.48 159.24 341.00 1,221.95 1,116.62 77.40 208.74 20.28 2,256.40 131.24 208.22 2,580.50 277.47 2,224.16 231.72 75.30 143.99 100.00 51.49 Otter Tail County Warrants June 2, 1998 Page 2, Attachment A 6/04/1998 11:27:32 HWEISS OTTER TAIL COUNTY AUDITOR RECEIPTS AND DISBURSEMENTS SYSTEM WARRANTS FOR PUBLICATION .• 0 IFD66 COUNTY 56 PAGE 2 WARRANTS APPROVED ON 6/02/1998 FOR PAYMENT 6/02/1998 VENDOR NAME ERVIN HAGEN STEVE HANDEGAARD TAMMY HAWKINSON HEDAHLS AUTO CENTER HEISLER'S COUNTRY OIL HENNING ADVOCATE HOLIDAY HOLIDAY INN HOLIDAY INN ARDEN HILLS LEON HUNT THE INDEPENDENT INDUSTRIAL HYGIENE SERVICES INSIGHT TECHNOLOGIES INTERNATIONAL TRANSLATION SERV INTERPOLL LABORATORIES INC. J.J. KELLER & ASSOCIATES INC. JIM AHLFS CONSTRUCTION JK SPORTS INC. JON KARGER KBM INC. KELLY SERVICES INC. TIM KING KOEP'S CLITHERALL CORNER MICHAEL KUSNIEREK L & L SERVICE LAB SAFETY SUPPLY INC. LAKE REGION HEALTHCARE LAKE SUPERIOR COLLEGE LAKES COUNTRY SERVICE LARRY OTT INC. TRUCK SERVICE LAWSON PRODUCTS INC. LIND ELECTRONICS MA A 0 M-R SIGN CO. MAAC METRO MABEL MURPHY'S CHET MALECKI MEDTOX LABORATORIES WENDY METCALF MID-CENTRAL EQUIPMENT INC. THE MIDWEEK MINN-KOTA COMMUNICATIONS INC. MN CO ATTORNEYS ASSOCIATION MN MOTOR COMPANY MN NENA MN SAFETY COUNCIL MONITOR TIRE DISPOSAL INC. MORRIS SEALCOAT & TRUCKING INC KENNETH MULL SR AMOUNT 36.38 51. 86 68.00 43.23 256.06 30.36 1,281.74 149.49 242.82 438.92 36.50 150.00 7,428.37 311. 72 2,270.00 100.22 157.50 135.00 14.70 1,535.00 1,982.96 20.00 40.50 41.68 76.27 2,147.37 753.20 400.00 172.66 2,825.00 130.64 325.34 150.00 1,618.79 5,460.00 9.65 30.40 46.00 56.70 91.67 169.75 207.00 700.00 739.71 270.00 337.55 190.55 7,357.50 62.40 0 0 •• • 6/04/1998 11:27:32 0 Q OTTER TAIL COUNTY AUDITOR HWEISS RECEIPTS AND DISBURSEMENTS SYSTEM WARRANTS FOR PUBLICATION WARRANTS APPROVED ON 6/02/1998 FOR PAYMENT VENDOR NAME LISA MULL MARIAN MULL NARDINI FIRE EQUIPMENT NATIONAL BUSHING & PARTS CO. NELSON BROTHERS PRINTING & NELSON FORD GARY NELSON NETWORK SERVICES COMPANY NEWTECH MECHANICAL SVCS NORTH UNION TEXACO OFFICE DEPOT OLSON AUTO ELECTRIC THE ORIGINAL HEATING MAN OSWALD PUBLISHING CO. OTTER TAIL CO DEPARTMENT OF OTTER TAIL CO TREASURER OTTER TAIL TELCOM OTTERTAIL AGGREGATE PAMIDA INC. PEBBLE LAKE AUTO REPAIR PERHAM CO-OP CREAMERY PERHAM ENTERPRISE BULLETIN PERHAM PRINTING PHILLIPS 66 THE PIERCE CO. PRO-WEST & ASSOCIATES INC. PRODUCTIVE ALTERNATIVES INC. PS DOORS QUADRANT COMPANY QUILL CORPORATION QUINLAN PUBLISHING CO. DARLENE REITER ROYAL TIRE RUTTGER'S BAY LAKE LODGE KIMBERLY SAENGER BRIAN SCHLUETER LORETTA SCHMALTZ DOROTHY SCOTT SERVICE FOOD SUPERVALU SHARON'S CANVAS & TARP REPAIR SHERATON INN MIDWAY SHERBROOKE TURF INC. SIGNWORKS SIGNS & BANNERS SIMPLEX TIME RECORDER CO. SOUTHTOWN C-STORE ST. JOSEPH EQUIPMENT INC. DAVID STADUM STEIN'S INC. STEVE'S SANITATION / AMOUNT 140.00 40.00 42.00 18.00 970.75 435.39 57.15 362.09 883.30 58.40 154.99 41.09 86.25 10.01 3,864.28 989.03 489.94 1,308.35 55.69 78.80 193.09 17.90 499.83 l.4.62 441.l.8 5,823.00 67.35 44.36 84.00 91. l.6 l.29.00 30.87 212.87 378.45 60.00 l.O .00 20.00 l.05.98 7.50 63.90 77.97 48.99 409.25 l.81. 05 22.93 l.97. l.l. l.86.72 l.,706.65 3,762.00 Otter Tail County Warrants June 2, f998 Page 3, Attachment A IFD66 COUNTY 56 PAGE 3 6/02/1998 Otter Tail County Warrants June 2, 1998 Page 4, Attachment A HWEISS IFD66 COUNTY 56 6/04/1998 11:27:32 OTTER TAIL COUNTY AUDITOR RECEIPTS AND DISBURSEMENTS SYSTEM WARRANTS FOR PUBLICATION PAGE 4 WARRANTS APPROVED ON 6/02/1998 FOR PAYMENT 6/02/1998 VENDOR NAME BOB STOMMES STREICHER'S TERRA JEFFREY THOMPSON DANETTE THORMODSON TRANSPORTATION COMPONENTS CO TRAVERSE CO SOLID WASTE TRIMIN SYSTEMS INC. MARIE TYSDAL UNIV OF MN DEPT OF CONFER USA WASTE SERVICES INC. VALLEY TRUCK VARDA SILENT ALARM BARBARA VAUGHAN VAUGHN DISPLAY & FLAG VERGAS ACE HARDWARE VICTOR LUNDEEN COMPANY VIKING OFFICE PRODUCTS BRUCE VON MOSCH WAL-MART MARK WICK WW WALLWORK ZEE SERVICE COMPANY ZIEGLER INC. FINAL TOTAL ...... . / AMOUNT 156.42 160.50 4,785.89 4. 80 36.50 438.19 38.88 10.00 40.61 165.00 3,373.13 8.58 176.43 20.00 64.13 40.08 629.61 42.11 40.28 395.30 80.00 362.47 53.30 13.23 $110,242.52 **** Q