HomeMy WebLinkAboutBoard of Commissioners - Minutes - 11/20/2007MINUTES OF THE
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Government Services Center, Commissioners' Room
500 W. Fir Avenue, Fergus Falls, MN
Tuesday, November 20, 2007
9:30 a.m.
Call to Order
The Otter Tail County Board of Commissioners convened Tuesday, November 20, 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 Erickson, and unanimously carried to approve the County Board
Agenda of November 20, 2007, with the following addition:
10:50 a.m. -GIS Coordinator, Brian Armstrong
Approval of Minutes
Motion by Block, second by Nelson, and unanimously carried to approve the County Board minutes of
November 13, 2007, as presented.
Approval to Pay Bills
Motion by Erickson, second by Froemming, and unanimously carried to approve payment of the
County Board bills per Attachment A of these minutes.
License Applications
Motion by Froemming, second by Erickson, and carried with Mosher abstaining, to approve
the following license applications:
Carr Enterprises, Inc. Tobacco
dba: Carr's Lake Country Supermarket
Ottertail, MN
Dalton Municipal Liquor Store
Dalton, MN
Playtime Sports Bar
Perham, MN
Tobacco
Tobacco
Clean-Up of Tax Forfeited Property
Motion by Erickson, second by Block, and unanimously carried to authorize cleanup of tax
forfeited property located at 23 th Ave SW, Pelican Rapids, MN. The cleanup includes
demolition, sealing well, and sewer line disconnection.
Investment & Authorized Officials Designation
Motion by Mosher, second by Nelson, and unanimously carried to authorize the County
Auditor's signature on the Automatic Money Market Investments (Investment Authorization
Letter) relating to the bond sale for the Chemical Dependency Facility. The investment form
directs US Bank/US Bank National Association to invest trust funds in First American Funds
Treasury Obligations Fund (Class A), which is an automatic sweep vehicle to keep the funds
continuously invested.
OTC Board of Commissioners' Minutes
November 20, 2007
Page 2
Motion by Nelson, second by Block, and unanimously carried to certify the County Auditor as
the designated Authorized County Representative and the County Coordinator as the
alternate Authorized County Representative and hereby authorizes either of them to take all
actions and do all things as permitted under the terms of the Lease and Purchase Option
Agreement and the trust Indenture for the Otter Tail County Housing and Redevelopment
Authority, Minnesota Public Project Revenue Bonds, Series, 2007E.
Conveyance of Tax Forfeited Land
Otter Tail County Resolution No. 2007 -83
Commissioner Erickson offered the following and moved its adoption:
WHEREAS, the City of Pelican Rapids 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 Tuesday, August 31, 1993:
Parcel No. 76-000-99-0791-000
Lot 11 Block 1, Section 27, Township 136, Range 43
Haugen's Rolling Acres
WHEREAS, the City of Pelican Rapids desires to acquire this parcel for drainage property;
and
WHEREAS, the Otter Tail County Board of Commissioners has reviewed the above noted
application of the City of Pelican Rapids, dated Tuesday, November 13, 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 Pelican Rapids be granted.
Commissioner Nelson seconded the motion and YEAS and NAYS are as follows:
Board of County Commissioners
Syd Nelson
Everett Erickson
Dennis Mosher
Roger Froemming
Bob Block
Dated: II /2-7 /o 7 ----'--'-11"-"----=---,11--=-----'--------
YEA
X
X
X
X
X
NAY
OF COMMISSIONERS
oard Chair
OTC Board of Commissioners' Minutes
November 20, 2007
Page 3
Conveyance of Tax Forfeited Land
Otter Tail County Resolution No. 2007 -84
Commissioner Erickson offered the following and moved its adoption:
WHEREAS, the City of Pelican Rapids 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, September 24, 1997:
Parcel No. 76-000-99-0398-000
Section 27, Township 136, Range 43
South 12' of North 34' of Part Randolph Street vacated
South of Lots 7 through 12 Inc Block 5
WHEREAS, the City of Pelican Rapids desires to acquire this parcel for the purpose of road
right-of-way; and
WHEREAS, the Otter Tail County Board of Commissioners has reviewed the above noted
application of the City of Pelican Rapids, dated Tuesday, November 13, 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 Pelican Rapids be granted.
Commissioner Nelson seconded the motion and YEAS and NAYS are as follows:
Board of County Commissioners
Syd Nelson
YEA
X
Other
Everett Erickson X
Dennis Mosher X
Roger Froemming X
Bob Block X
Dated: I ( 12-7 /0 7 -------'----+-r .c..........::....i,'-=-.....__ __ OF COMMISSIONERS
By: _ ___;_....:;__ __ ~~r--------"---'=...:::::....-------
Dennis R. Mosher, County Board Chair
Payment Approvals
Motion by Block, second by Froemming, and unanimously carried to approve payment, in the
amount of $9,230.59, to Young & Associates for professional services provided to Project No.
0601 (Chemical Dependency Health Center).
OTC Board of Commissioners' Minutes
November 20, 2007
Page4
Motion by Froemming, second by Block, and unanimously carried to approve payment, in the
amount of $627,217.90, to Comstock Construction Inc. of MN for the Ottertail City Operations
Center as authorized per Request No. 5 and as detailed below:
Original Contract
Change Orders
Adjusted Contract
Total Completed as of 10/24/2007
5% Retainage
Less Previous Payments
Current Payment Due
Balance to Finish
$4,451,000.00
61,927.74 (1.4%)
4,512,927.74
2,743,909.32
137,195.47
1,979,495.95
627,217.90
1,906,213.89
Motion by Nelson, second by Erickson, and unanimously carried to approve payment, in the
amount of $5,812.50, to Shultz & Associates, LTD for construction administration for Project
No. 0603 (Ottertail Operations Center).
Payment App roval Tabled
Motion by Nelson, second by Froemming , and unanimously carried to table payment, in the
amount of $4,845.00, to McFarlane Sheet Metal for preparation of the CX for the garage at
the Ottertail City Operations Center. This will allow the County Auditor to obtain further
information for this expense.
State of Minnesota Master Partnership Contract
Otter Tail County Resolution No. 2007 -85
Upon motion by Nelson, second by Block, and unanimously carried, the following resolution
was adopted:
WHEREAS: The Minnesota Department of Transportation (Mn/DOT) wishes to cooperate
closely with local units of government to coordinate the delivery of transportation services and
maximize the efficient delivery of such services at all levels of government; and
WHEREAS: Mn/DOT and local governments are authorized by Minnesota Statutes sections
471.59, 174.02, and 161.20, to undertake collaborative efforts for the design, construction,
maintenance, and operation of state and local roads; and
WHEREAS: The parties wish to be able to respond quickly and efficiently to such
opportunities for collaboration, and have determined that having the ability to write "work
orders" against a master contract would provide the greatest speed and flexibility in
responding to identified needs.
THEREFORE, BE IT RESOLVED:
1. That the County of Otter Tail enter into the "Master Partnership Contract" with the
Minnesota Department of Transportation, a copy of which was before the County Board.
2. That the proper County officers are authorized to execute such contract and any
amendments thereto.
OTC Board of Commissioners' Minutes
November 20, 2007
Page 5
3. That the County Engineer is authorized to negotiate work order contracts pursuant to the
Master Contract, which work order contracts may provide for payment to or from Mn/DOT,
and that the County Engineer may execute such work order contracts on behalf of the
County without further approval by this Board .
Dated:_~, f4 /~;)~1-1-/~0~7~--OF COMMISSIONERS
Attest
L d By: .
Larry~ Clerk
Contract Approval for Railroad Im provement
Motion by Mosher, second by Erickson, and unanimously carried to authorize the Highway
Engineer to enter into a contract relative to a railroad crossing improvement in the City of
Pelican Rapids. The estimated cost of the project is $26,621 .00 with the County's share of
the funding at 80%.
Recess & Reconvene
At 10:05 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 10:15 a.m.
Wind Generation Discussion
Lakeshore Property Owner, Bill Boedigheimer, reported that he wanted to install a small wind
generation system for his lake home last April and he was denied the ability to install this
appliance. He provided a booklet explaining the type of wind generation system he was
considering and noted that these systems have become less noisy, smaller, and more
effective in creating energy. County Attorney, David Hauser, stated that, under the County's
current Shoreland Management Ordinance, this type of appliance is considered a structure
and cannot exceed the height limitations for a structure. Previously, a variance was sought
for a wind generation system in the shoreland area and there were many people objecting
because of the aesthetics, high density residential areas around shoreland, and concern with
noise and safety. Discussion took place regarding the possibility of implementing a rule in
the SMO that would allow wind generation systems in the case where the property owner
owns several acres of land that is in the shoreland zone versus the ½ acre piece of property
located in the high density shoreland areas. This concept may be discussed further as
"green space" and "green buildings" are needed for future conservation of energy.
Closed to the Public -Labor Ne gotiation Strategies
At 10:40 a.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 all Collective Bargaining Agreements except the Highway Maintenance
Agreement. Present were all five seated Commissioners, County Attorney, County
Coordinator, Public Health Director, Human Services Director, and County Board Secretary.
At 11 :27 a.m., Chairman Mosher declared the meeting opened to the public for consideration
of the remaining agenda items.
OTC Board of Commissioners' Minutes
November 20, 2007
Page6
Parcel Drafter Contract
Motion by Froemming, second by Block, and unanimously carried to authorize the
Chairman's signature to execute an Auto-Cadd Parcel Drafting Agreement between the
County of Otter Tail and Michael Eull, Mpls, MN, for parcel drafting services for city parceling.
The contract period is November 20, 2007 through December 31, 2009, at a per parcel not to
exceed rate of $7.00 per parcel and not to exceed $70,000.00.
GIS Unmanned Plane
GIS Coordinator, Brian Armstrong, reported that the GPS/Mapping Plane purchased recently
for his department has been grounded by the Federal Aviation Administration. The FAA is
requiring formal ground and observer training, certificate of worthiness, and Class 3 physical
to operate the plane.
Planning Commission Recommendations
Conditional Use Permit -CCSC LLC %David Stock -Denied:
Motion by Mosher, second by Block, and unanimously carried to deny a Conditional Use
Permit for this after-the-fact request to install tile and other topographical work. This denial
was recommended by the Planning Commission with most of the issues related to wetland
rules. The Applicant will be allowed to work with Land & Resource Management to resolve
the issues. The property is described as NE1/4 (160 AC) & Lots 1, 2 & 3 (105.35 AC),
Section 30 of Orwell Township; Otter Tail River (56-OTR), AG.
Preliminary Plat & Conditional Use Permit-"Manthe's Sunrise Beach"/Winnie Ulschmidt et al":
Motion by Nelson, second by Erickson, and unanimously carried to approve the Preliminary
Plat entitled "Manthe's Sunrise · Beach" consisting of 7 single family residential lots and a
Conditional Use Permit to construct a road to service the plat with conditions as
recommended by the Planning Commission. The property is described as All that pt of
SW1/4 SE1/4, Section 22 & that pt of GL 1, Section 27 of Hobart Township; Long Lake
(56-388), RD.
"Preliminary Plat -"Oakwood Glen'1/Lakes Development Partners:
Land & Resource Administrator, Bill Kalar, stated that the Preliminary Plat entitled "Oakwood
Glen" was recommended for denial because the proposed road does not meet requirements
of the County's Subdivision Controls Ordinance (SCO) and because of disagreement
regarding access to lots owned by neighbors. Attorney, Robert Bigwood, represented the
Applicant and requested approval of "Oakwood Glen" plat as presented because the issue, in
his opinion, is a private issue of property rights involving a private easement over his client's
land that the client has relocated. He stated that the subdivision of property does nothing to
alter private property rights of access. Mr. Bigwood cited sections of the SCO to support his
statements. Discussion took place regarding the cutback in the road which should not be
less than 45 degrees and whether or not this causes a hardship for neighbors to access their
property. Neighboring property owner, Debbie Fredericks read a statement for the record in
opposition of the current proposal. Motion by Erickson, second by Froemming, to deny the
Preliminary Plat entitled "Oakwood Glen", as recommended by the Planning Commission for
the reasons stated in the November 14, 2007, Planning Commission minutes and also,
because the road does not comply with the provisions of V.1.D. under the SCO. Chairman
Mosher called for a roll call vote:
OTC Board of Commissioners' Minutes
November 20, 2007
Page 7
Board of County Commissioners YEA NAY Abstain
Everett Erickson X
Roger Froemming X
Bob Block X
Syd Nelson X
Dennis Mosher X
Motion carried 4-0. The property is described as Pt of GL 2 & 3, Section 1 of Edna Township;
Devils Lake (56-245), GD.
Conditional Use Permit-Leslee Olson:
Motion by Froemming, second by Block, and unanimously carried to deny a Conditional Use
Permit for this after-the-fact request as recommended by the Planning Commission and for
the reasons cited in the November 14, 2007, Planning Commission minutes. The property is
described as Auditors Subdivision 101 Lot 0, Section 36 of Girard Township; East Battle
Lake (56-138), RD.
Conditional Use Permit -Pine Beach Resort/Lee & Karen Omberg:
Motion by Nelson, second by Erickson, and unanimously carried to approve a Conditional
Use Permit to expand a dwelling on the resort and to do some landscaping as presented.
The property is described as Pt of GL 1 (3 Acres), Section 6 of Perham Township; Devils
Lake (56-245), GD.
Annual Lakes Country Service Cooperative Board Election
Motion by Mosher, second by Froemming, and unanimously carried to vote for Bob Block and
Mike McCarthy for LCSC Board Membership for four-year terms ending December 31, 2011.
LCSC Annual Membership
Motion by Nelson, second by Erickson, and unanimously carried to authorize payment, in the
amount of $250, for LCSC 2008 membership dues.
Resolution Authorizing Execution of Agreement
Otter Tail County Resolution No. 2007 -86
Upon a motion by Froemming, second by Nelson, and unanimously carried, the following
resolution was adopted:
BE IT RESOLVED, that Otter Tail County will enter into a cooperative agreement with the
Office of Justice Programs in the Minnesota Department of Public Safety.
Sheriff, Brian Schlueter, is hereby authorized to execute such agreements and amendments,
as are necessary to implement the project on behalf of the Otter Tail County Sheriffs Office.
Dated : _ ____._.n-+f-2:_':'1"-1/._1 0_1-'----F COMMISSIONERS
OTC Board of Commissioners' Minutes
November 20, 2007
Page 8
Adjournment
At 12:22 p.m., Chair Mosher declared the meeting of the Otter Tail County Board of Commissioners
adjourned until Tuesday, November 27, 2007.
Dated: _ __,_,_, /_.2...,1'-"/-'o"---7..___ __ _ I i COMMISSIONERS
hair
CB/kd
OTC Board of Commissioners' Minutes
November 20, 2007
Attachment A, Page 1
WARRANTS APPROVED ON 11/20/2007 FOR PAYMENT 11/20/2007
VENDOR NAME
A'VIANDS LLC
AAA STRIPING SERVICE CO
JANICE AABERG
ALEXANDRIA CONCRETE
AMERICAN INSTITUTIONAL SUPPLY
AMERICAN WELDING-WILLMAR FIRE
ASSOCIATION OF MN COUNTIES
ATD AMERICAN CO
AUTO VALUE FERGUS FALLS
BACHMAN PRINTING COMPANIES
BATTLE LAKE AUTO PARTS
BATTLE LAKE STANDARD
CITY BATTLE LAKE
MARK BECKER
BEYER BODY SHOP INC
BOB'S STANDARD BULK SERVICE
BRANDON COMMUNICATIONS INC
BRAUN VENDING INC
MARLENE CARLSON
CARRS TREE SERVICE
CIT TECHNOLOGY FIN SERV INC
CITIZENS ADVOCATE AND VERNDALE
CLAY CO TREASURER
COOPERS TECHNOLOGY GROUP
CREATIVE FORMS & CONCEPTS INC
CRONATRON WELDING SYSTEMS INC
DAKOTA CLINIC FARGO
CITY DALTON
CITY DEER CREEK
CITY DENT
DETROIT LAKES OVERHEAD DOOR SE
DEX MEDIA EAST
KATHY DOMHOLT
E & J PRESS
CITY ELIZABETH
EMERGENCY TRAINING ASSOCIATES
CITY ERHARD
FARMERS CO OP OIL ASSN
FARNAM'S GENUINE PARTS INC
FERGUS ELECTRIC
FERGUS FALLS NEWSPAPERS INC
FERGUS FALLS POLICE DEPT
FERGUS TIRE CENTER
FIRST LAB
GARY'S SEPTIC SERVICE INC
GE CAPITAL
GODFATHERS EXTERMINATING INC
GOPHER STATE ONE CALL
GR GRAPHICS INC FARGO
GR GRAPHICS INC ST LOUIS
PATRICK GRIFFIN
DIANE HANSON
HELP SYSTEMS IL INC
CITY HENNING
HIGH PLAINS TECHNOLOGY
HOUSTON ENGINEERING INC
IMO
INDEPENDENT EMERGENCY SERVICES
INNOVATIVE OFFICE SOLUTIONS
AMOUNT
6,689.01
1,200.00
42 .35
5,059.35
87.13
6.33
140.00
475.88
304.12
496.35
7.30
192.53
1,560.36
141 .92
828.34
109.65
288.01
21.49
94.95
159.75
189,86
87.45
2,757.80
14.38
389.18
294.50
156.00
480.31
942.14
401.80
140.00
20.50
44.85
485.64
577.29
590.00
341.76
818.78
878.40
784.63
786.66
373.18
582.70
234.00
70.00
372.74
132.06
30.45
58.01
1,632.15
14.78
230.05
275.00
1,593.33
5,538.00
5,122.50
175.00
54 .86
102.03
OTC Board of Commissioners' Minutes
November 20, 2007
Attachment A, Page 2
INNOVIS HEAL TH
INSIGHT PUBLIC SECTOR
INTERSTATE INC
DEAN JOHNSON
KELLY SERVICES INC
KOEP'S CLITHERALL CORNER
LAKE REGION DENT AL CENTER
LAKE REGION HEAL TH CARE CORP
LAKE SUPERIOR COLLEGE
LAKES COUNTRY SERVICE CO OP
LARRY OTT INC TRUCK SERVICE
JERRY LEIN
LIZARDTECH
MAIN STREET GAS & GOODS
MERIGEN MEDICAL
MIDWEST PRINTING CO
MIDWESTERN MAT RENTAL & SUPPLY
MINNKOTA
MN CO ATTORNEYS ASSOCIATION
MN CO INSURANCE TRUST
MN MOTOR COMPANY
MN STATE AUDITOR
ANNE MUELLER
JIM MYHRE
NACVSO
NELSON BROS PRINTING
NELSON FORD LINCOLN MERCURY IN
CITY NEW YORK MILLS
OFFICEMAX CONTRACT INC
OLSON OIL CO INC
OLYMPIC SALES INC
OTTER TAIL CO EMPLOYEES COMMIT
OTTER TAIL CO TREASURER
OTTERTAIL TRUCKING INC
PAMIDA PHARMACY
PARK REGION CO OP
CITY PARKERS PRAIRIE
CITY PELICAN RAPIDS
PERHAM CO OP CREAMERY
CITY PERHAM
PHILLIPE LAW OFFICE
PITNEY BOWES
PREMIUM WATERS INC
LANETTE PRIEM
PRO AG FARMERS CO OP
PRO-WEST & ASSOCIATES INC
PROTECTION SYSTEMS INC
PUBLIC SAFETY CENTER INC
QUARTERMASTER
THE RAZOR BLADE COMPANY
RDO TRUCK CENTERS
RELIABLE OFFICE SUPPLIES
REVIEW ENTERPRISES INC
CITY RICHVILLE
CITY ROTHSAY
ROYAL TIRE INC
SANOFI PASTEUR
CHERI SCHULTZ
SERVICE FOOD SUPERVALU
SHAW EXCAVATING
7,878.00
157.16
61.38
145.03
824.66
269.40
733.00
250.00
750.00
65.00
1,300.00
27.99
2,912.95
746.51
698.84
78.81
74.07
29.00
307.69
2,500.00
364.67
2,949.63
49.00
35.41
90.00
173.04
740.79
1,320.85
115.25
3,403.30
438.00
29.00
38.84
11,845.60
4,042.00
37.27
635.02
2,690.29
1,824.90
3,645.20
175.65
1,008.00
5.00
53.98
382.99
140.00
165.00
108.40
29.00
122.50
110.42
41.49
28.00
521.88
512.64
7,688.25
238.80
42.70
77.28
2,580.00
SOS TECHNOLOGIES
SPRINT
WAYNE STEIN
STEINS INC
STERLING SOLUTIONS INC
STEVE'S SANITATION INC
STREICHERS .
SUPER SEPTIC INC OF PELICAN RA
SWEDBERG NURSERY
TIRES PLUS TOTAL CAR CARE
TOM AVANT PAINTING
UGST AD PLUMBING INC
CITY UNDERWOOD
UNIFORMS UNLIMITED
CITY URBANK
VACATIONLAND PLUMBING
CITY VERGAS
VICTOR LUNDEEN COMPANY
WADENA ASPHALT INC
WALLWORK TRUCK CENTER
WASTE MANAGEMENT
WELLER OIL CO
WELLS ROAD GRADING
WEST PAYMENT CENTER
**** FINAL TOTAL. ......
OTC Board of Commissioners' Minutes
November 20, 2007
Attachment A, Page 3
2,790.00
680.90
255.00
1,185.13
900.00
1,785.24
2,978.73
77.19
1,597.50
516.49
2,600.00
15.45
540.35
67.45
618.86
4,230.91
863.64
63.90
2,189.00
3,286.86
54,593.86
281 .28
400.00
2,678.43
$199,183.29 ****
)