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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 04/16/2013MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, Commissioners' Room 515 W. Fir Avenue, Fergus Falls, MN April 16, 2013 9:30 a.m. Call to Order The Otter Tail County Board of Commissioners convened Tuesday, April 16, 2013 at 9:30 a.m., at the Otter Tail County Government Services Center in Fergus Falls, MN, with Commissioners Doug Huebsch, Chair; Wayne Johnson, Vice-Chair; Roger Froemming, and John Lindquist present. Commissioner Lee Rogness was absent. Approval of Agenda Chairman Huebsch called for approval of the April 16, 2013 agenda. Motion by Froemming, second by Johnson, and unanimously carried to approve the Board of Commissioners agenda of April 16, 2013 as presented. Approval of Minutes Motion by Lindquist, second by Froemming, and unanimously carried to approve the April 9, 2013 Board of Commissioners meeting minutes as written. Approval to Pay Bills Motion by Johnson, second by Lindquist, and unanimously carried to approve payment of the County Board bills per Attachment A of these minutes. Recorder's Office Staffing Motion by Lindquist, second by Johnson, and unanimously carried to approve a recurring, seasonal data entry position as recommended by the Recorder. Board Accepts Retirement Motion by Johnson, second by Froemming, and unanimously carried to regretfully accept the retirement of Wendy Metcalf, Otter Tail County Recorder, effective June 30, 2013, and to authorize the Chairman's signature to execute the appropriate retirement paperwork. Commissioners thanked Ms. Metcalf for her past 35 years of service. Liquor License Applications Motion by Johnson, second by Lindquist, and unanimously carried to approve the following applications for license: Birchwood Golf Course, LLC 19711 430th St. PO Box432 Pelican Rapids, MN 56572 Lakeland General Store 22438 Old 509 Road Pelican Rapids, MN 56572 Lakeside Market 28465 County Highway 145 Battle Lake, MN 56515 On/Off Sale 3.2 Malt Liquor Off-Sale 3.2 Malt Liquor Off-Sale 3.2 Malt Liquor OTC Board of Commissioners' Minutes April 16, 2013 Page 2 (Liquor License Applications Continued) Rolling Hills 49730 County Highway 9 Pelican Rapids, MN 56572 On/Off Sale 3.2 Malt Liquor Wee Villa Lodge On/Off Sale 3.2 Malt Liquor 31126 County Highway 27 Fergus Falls, MN 56537 (above applications are subject to approval of County Attorney and County Sheriff) Payment Approval Motion by Froemming, second by Johnson, and unanimously carried to approve payment, in the amount of $12,957.58 (Invoice No. 5436) from the Capital Improvement Fund to Midwest Playscapes, Inc. for playground equipment for the Phelps Mill Park as recommended by the Capital Improvement Committee. Approval of Exempt Permit Motion by Lindquist, second by Froemming, and unanimously carried to approve, with no waiting period, the LG220 Application for Exempt Permit as submitted by the Minn Finnish-American Historical Society, Chapter 13 dba Finn Creek Open Air Museum. Federal Boat & Water Supplemental Grant Motion by Lindquist, second by Johnson, and unanimously carried to authorize the Sheriffs Office to apply for a Federal Boat and Water Supplemental Grant for equipment which is estimated to cost $6,100. This grant does not require a local match. Recess & Reconvene At 10:07 a.m., Chairman Huebsch declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The meeting was reconvened at 10:40 a.m. Bond Proceeds Investments Steve Andrews, Treasurer, submitted an Otter Tail County 2013A Bond Proceeds Investment schedule from Ehlers and Associates Bond Consultants. Discussion took place regarding the investment banks and proposed fee. Chairman Huebsch requested additional research before the Prairie Lakes Municipal Solid Waste Authority (PLMSWA) Joint Powers Board meeting on April 24, 2013. Recess & Reconvene At 10:53 a.m., Chairman Huebsch declared the meeting of the Otter Tail County Board of Commissioners recessed for an Internal Services Committee meeting. The Board of Commissioners' meeting was reconvened at 11 :08 a.m. Bid Award for Highway Projects After previously advertising for bids, bids were opened on April 10, 2013 for an overlay project on CSAH 11. Motion by Johnson, second by Lindquist, and unanimously carried to award SAP. 056-611-016 & Etc. to the low bidder, Mark Sand & Gravel Co. of Fergus Falls, MN, at the bid price of $2,858,324.92. After previously advertising for bids, bids were opened on April 10, 2013 for an overlay project on CSAH 73. Motion by Froemming, second by Johnson, and unanimously carried to award SAP. 056-673-006 to the low bidder, Tri-City Paving, Inc. of Little Falls, MN, at the bid price of $1,496,030.10 OTC Board of Commissioners' Minutes April 16, 2013 Page 3 Highway Department Staffing Motion by Lindquist, second by Johnson, and unanimously carried to authorize the replacement of a Mechanic for the Highway Department as recommended by the Public Works Director. Highway Contracts Motion by Johnson, second by Froemming, and unanimously carried to authorize the appropriate County Officials' signatures to execute contracts between the County of Otter Tail and Mark Sand & Gravel Co. for the 2013 seasonal supply of hot mix bituminous materials for North, East, and West Otter Tail County. This action is subject to the approval of the County Attorney. Order for "The Homestead at Ottertail RV Park and Resort" David Hauser, County Attorney, submitted the Findings of Fact, Conclusion, and Order in the matter of the need for an Environmental Impact Statement (EIS) for the proposed RV Park and Resort project Bill Kalar, Land & Resource Director, indicated that discussions regarding density and other permitting issues will be considered during the Conditional Use process. A motion was offered by Johnson and seconded by Lindquist to adopt the Order for the Negative EIS Declaration in the matter of the application for a Conditional Use Permit for The Homestead at Ottertail RV Park and Resort as presented and attached as Attachment B. The Chairman called for a vote and the motion passed with Lindquist, Froemming, Johnson, and Huebsch voting in favor and Commissioner Rogness absent Adjournment At 11 :43 a.m., Chairman Huebsch declared the meeting of the Otter Tail County Board of Commissioners adjourned until 9:30 a.m. on Tuesday, April 23, 2013. Dated: _ __.a~'l--=-~=--...,1-=-=------F COMMISSIONERS Attest: l,,,.,,~ ~ larry ohn, Clerk Doug H. ebsch, Board of Commissioners Chair CB/kd OTC Board of Commissioners' Minutes April 16, 2013 Attachment A, Page 1 WARRANTS APPROVED ON 04/16/2013 Vendor Name A i1A,'IDS UC Amertcan Weldlng & Gas Jnc AUTO FIX Bennett/Terry BERGOt1ST RICHARD BEYER BODY SHOP INC Blues tone To,ehnolog:ies Inc Blufiron Oil Compan\· BRE-, X-\N/KE\ lN BL1liAU OF CRJM .-\PPREHEXSJO~ Bl'Y· MOR PARTS & SER\1CE UC C.-\RGill. :NCORPORA TED Carolina Sof1ware Carr's Tr~ Senice CBC!nno\ is Jnc CD\\' Gowmment Inc Central Lakes College Central States W1re Products Jnc Certified .-\uto Repa1r Charter Commurucations C1nzens Ad\'ocate Clean Plus Inc CO OP Sen ices Inc Concept Catering CON~"EY 5.-\FElY Cooks Corro,ertonal Coopers Technology Group Cl11JG.-\. 'l OF \\'.-\DENA D & T \'enrures UC D & Y's Perham Bakery Dacotah Paper Companl' Dakota Prmters UC Dalton Sports And Repair Dan's Towing & Repair ECOL-\B Farmers Co Op Oil Assn Farnam's Genume Parts lnc Famarn·s Genuine Pans Inc Fastenal Company FEllBAL"M/KE\ Th' Fergus Falls Daily Journal Fergus Falls!Clty Of Amount 7,409.29 778.26 36.28 9 36 229 38 487 58 758.23 258 05 205 .. 65 3.485.00 317 18 77,787 14 400.00 3.D45.94 25.30 2,402.08 600.00 5.95 7 .89 226.99 82 83 130.38 898 50 1,107.37 248.48 117.41 72.88 472.97 78.78 1.089.00 21 60 114.42 291.00 84.90 85.69 112.07 1.819.89 670 32 63 01 220.60 20 .. 00 5.058 07 1.386 00 OTC Board of Commissioners' .Minutes April 16, 2013 Attachment A, Page 2 Vendor Name Fergus Tire Center FORCE AMERICA DISTRJBt "TING LLC G & 1'. Sen ices GALLSLLC Ge Capital (Cal G!ll./MWOK Gopher State One Call H/1.\\"ES SEPTIC T.-\.\.1: Pl'MPING Healthc;rre Em'ironmental Sen1ces Inc Hedahls Headquarters Henning Hardware High Plains Technology HOFF_/M:\IU..\.'ID Holm/Sheldon Honeywell INDEPENDENT EMERGENCY SER\lCES Independent/The Innorntiw Office Solutions IN\1S10:-1 EYE CARE JP. Cooke Co Jad.-pot Junction JK Sports JOBSHO JOHNSOK/MICH:\EL 1'.eeprs Inc J.Juck/Jill 1'.nutson Electric Rebuildmg 1'.nutson/Klm Lake Region Healthcare Corp Lakes .->.rea Cooperanw Lakes Country Sernce Co Op Lakewar Market UC Larrr Ott Inc Truck Sen ice Leaf Rll"er Ag Semce il:.\INGTON CORPORA TIO:S Locators & Supplies Inc M:\PPIKG SOLUTIONS Marco Inc St Lollis ~t-\ TIIlSO:S CO Matthew Bender & Company Inc MCCC bfi 33 MEnD Correctional Care Amount 82.58 246 39 953.83 1,351.09 398.63 294.92 9.35 225.00 140 40 42.43 137.01 300.00 3,740.00 383.06 1,79600 64,22 36,172.45 52.05 137.70 109 64 411.51 444.38 38.50 227.12 3,555.09 111.96 15.00 169.99 9,103.00 820.42 2,160.30 3,05811 465,00 58.75 1,609 00 2 39.15 120.00 854.33 278.34 591.68 15,251.42 7,991.67 Vendor Name Mn Dept Of Health .l,!n Dept Of Human Sen ices .l,IN DEPT OF L.\BOR AI-iD Ir\UFSTRY Mn Office Of En!e!l)me Techno!og,· MN State Auditor MNCrIL-'. Motorola Mueller/Anne NAPA Of Perham Nelson AUTo Center Nelson AUTO Center NORTIIER.l\ BAG A.'<'D BO\ CO Officema, Inco1l)orated Olson Oil Co Inc oner Tail Co Emp!oy~s Conmnll~ oner Tail Co Shertff Oner Tail Co Treasurer Ottertail Trucking Inc outdoor Renovations Landscape & Nurse PALMER/GEORGE Park Region Co Op PARKERS PR.\JRIE JMPLEME\'T INC Parkers Prai.rie/Cttr Of PAW PlllUCATIONS LLC PAW PlllUCATIONS LLC BATI1.E L-\KE R Pelican Rapids Baseball .-\.ssonation Pete"s BodY ,hop & Towmg PHOB-.1\ SUPPLY Pitner Bowes Powerp!an om Productiw .-\.ltematl\·es Inc PROFESSJON.-\.L PORT . .\BLE \. RAY INC PSS WORLD .l,lED[C.-\.L !NC Ot:.-'.RTERM-\.STER OUill Corporation RDO True k Centers RDO Trust #80· 6130 Real Vision Software Inc Regents Of The l'ru\·ers11y Of Mn Renewable Resource Consultants LLC R!NGD.-\HL .-\MBll..-\..''iCE NC Rora! Tue Inc OTC Board of Commissioners' Minutes April 16, 2013 Attachment A, Page 3 Amount 35000 662 63 50.00 1.700.00 2.818.00 250.00 1.277.32 63 97 158.58 26.030 99 28.349 50 1 942.56 230 56 315 58 84.00 ·11.461.28 355.17 8.230. 46 13.250 00 256,50 526.96 79.45 325.00 28.00 7800 350.00 135.20 266.54 1.203 43 574 38 145.82 450.00 1.504 93 263.40 141.10 3.794 75 543 19 4.566.37 32. 775.00 41.19400 1 297 46 1.448 98 OTC-Board of Commissioners' Minutes April 16, 2013 Attachment A, Page 4 vendor Name RRT DESIGN & CONSTRl'CTION S.Wlnc Senice Food Super Valu Shernm Williams SOS TECHNOLOGIES Staples Advantage StelllS Inc Strand Hardware & Radio Shack srre1chers Super Septic & Exca,•ation This \\'eeks Shoppmg News TIIRim· \\HITE PHAR.\l-<CY Thyssen f,Jupp Elentor Corpora non TIGGES/DEl\1'15 Titan Machinery Ti tan Machin er,· Inc Th 7" REPAIR INC Toshiba Busme% Solutions L'SA FS. Fish And mldhle Sen ice t:;111FORMS t;1112'fiTED INC \'ergas 66 Gas & Converuence Inc Victor Lundeen Company Voss lighting Wallwork Truck Center Waste Management Weller Otl Co Wenck AssOCiates Inc Final Total: Amount 39,06000 175.00 26.75 634.35 14,304.00 159.27 2.252.95 76.89 1.179.56 102 19 79.20 2.741 78 974 38 228.25 6.264.69 501 25 29.32 80 81 100.00 543.30 409.09 637 40 1,610.29 1.405 92 10.826.41 272.55 '12,595.29 499,677.19 OTC Board of Commissioners' Minutes April 16, 2013 Attachment B, Page 1 OTTER TAIL COUNTY BOARD OF COMMISSIONERS NEGATIVE EIS DECLARATION In the Matter of the Application for a Conditional Use Permit for the Homestead •t Ottertail RV Park and Resort FINDINGS OF FACT, CONCLUSION AND ORDER The above-mentioned matter came on for review before the Otter Tail County Doard of Commissioners. on the 9th day of April, 2013. The Board, having reviewed the Envirorun1;nta! Assessment Worksheet (EAW), the written comments thereto, the Office of Land un<l Resource Management file, the presentation of Land and Resource Managcrnt::nt Administrator Bill Kalar, having hcar<l questions and comments from the public, and the County Board being fully advised in the premises, makes the following findings of Fact, Conclusions and Order. FINDINGS OF FACT l. Thut an Application for a Conditional Use Permit (CUP) was received by the County on August 24, 2011 for a 186 dwelling cluster dcvclopmcnl entitled the Homestead ul Ottertail RV Park and Resort. 2. Based on the number or units, an Environmental Assessment Worksheet (EAW) is mandated; on Septemher 27,201 ! the County Board ordered the preparation of the mandatory EA W. 3. The Office of Land and Resource Management did not receive a dran EAW from the proposers until August 24, 2012. A final draft EAW was provided to the County Board on January 17, 2013. 4. On January 28, 201 J, copies of the EA W were distribukd as required by Minnesota Rule 4410.1500, lhe Offo;e of Land and Resource Management maintaining a distribution list. OTC Board of Commissioners' Minutes April 16, 2013 Attachment B, Page 2 5. On February 18, 2013, the Environmental Quality Board (EQB) published notice c,fthc availability of the FAW in the EQB Monitor, initiating the public comment period. 6. On March 20, 2013, the public comment period ended. 7. The public comments were made available to the County Board electronically and the County Board received a summary of the timely public and agency comments regarding the EAW on April 2, 2013, 8. On April 9, 2013, the County Board reviewed the public commenls to determine whether or not an Environment Impact Statement was needed. 9. Most of the public comments received were comments on the advisability of issuing a CUP rather lhan indicating thm any additional information was appropriale for the decision makers. Many comments were not environmentally related. l 0. A question was raised whether other areas would be more suitable, however, this is what is owned by the proposers, and the suitability of the land is a factor in determining whether or not CUPs arc issued pursuant tn the Otter Tail County Shore land Management Ordinance (SMO). l l. A question was raised that campers would receive the benefits of living close to a lake without paying higher taxes associated with those on the lake. The County Assessor pointed out that the parcel which is currently classified as agricultural would be changed to a resort classification. paying higher taxes. The situation is no different than any other back-lot situation. 12. The rarcel does not have lake access. Any lake access would be through a public access, on Oller Tail or another lake. 2 OTC Board of Commissioners' Minutes April 16, 2013 Attachment B, Page 3 13. A question was raised regarding the inadequate description of the use of the activity bum. The CUP will address the allowed activities, Its capacity will be a considerntion in determining the restroom facilities and sewage treatment that will be required, 14. All wastewater will have Lo be trnakd in compliance with the Minnesota Department of f-fcalth rules, Otter Tail County Sanilutiun Code requirements <md, if certain volume thn:sholds are met, the Minnesota Pollution Control Agency rules. 15. The density of the proposal will be limited hy the cluster dt:velopment rules of the SMO and the County Subdivision Controls Ordinance. 16. ff the proposers or any subsequent campground owners purchased lake: property, it could not be used as a controlled access for the campground, as that use is prohibited by the SMO. 17. The size of decking for any RV's in the campground is limited by the cluster development standards of the SMO, and the gcncrnl impervious surface of the ordinance. 18. Wetlands are not affected by the project; there arc no wctlnnds on the prorerLy. 19. Cluster developments have open space requirements in the SMO, 50% of the total urea, of which 2511/o must remain in a natural state. 20. The area has been viewed and no rare plant communities were found. The DNR submitted its report and had no concerns. 21. The properly does not have lake frontage and does not affect fish populations, the DNR submitted its response and had no concerns. 22. The potential numher of dwelling sites is known and will not be a drain on underground well water. All water wells are subject to the well requiremt!nts of the Minnesota Department of Public Health. 3 OTC Board of Commissioners' Minutes April 16, 2013 Attachment B, Page 4 23. The construction and operation of the RV Park and Rcso11 will not result in substantial erosion, while there \\-'ill be more imperious surface than previously existed, the construction is suhject to the Minnesota Pollution Control Agency rules on storm water and the site will also be subjecl Lo the SMO slonn water management mles. 24. Part of the prorerty does drain toward Ottertail Lake via a 30 inch culvert under State Hwy. 78 and a smaller culvert under Highland r ,oop. This is a known situation, and can be dealt with by a berm and rain garden. 25. A Soil and Water Conservation District planting plan can be-pm1 of the permitting conditions. 26. Additional phosphates should not leach into the lake, as the use of fertilizers conta.ining phosphorus is prohibited in shoreland areas by the SMO. 27. There are no patticular geologic hazards or soil conditions for which a campground would cause any environmental effects. 28. As to a concern for garbage entering the lake or increase in litter, the area is subject to the Otter Tail County Solid Waste Ordinance (SWO_) and would have no greater impact than any other residential site, 29. Potential tramc impact was studied using the Institute ofTrntlic Engineer's models giving good infonnation. The increase in traffic does not have the potential for significant environmental effects. The approach may nee<l to be redesigned, and will have to be approved by the road authority, Otter Tail Township, 30. The response from the Minnesota Department of Transportation provided additional infonnation, but did not note that any information was mis:;ing. 4 OTC Board of Commissioners' Minutes April 16, 2013 Attachment B, Page 5 31. Two~hundred ninety fifth (295th) Street is a gravel road, and increases traffic could cause some additional dust. The Township is prepared to work v.:ith the propo:;;ers to cost share dust abatement, as any additional dust would mostly impact th~ development. 32. There arc wcll~known Nutive American archeological sites within the area; however, there arc none believed to exist on the proposed site. If any were found during constrnction. State archcologist.s would be brought in. 33. Typically campground lighting would not caLtse light pollution, and low density lighting can be required, 34. This project does not have the potential for cumulative environmental effects. !\.t lhe present time there arc no other known projects in the area. Lake front properly for sale in the area has been split for individual single family rc;;;idcnccs. 35. All the information now available gives the County the necessary facts il net:Js lo consider environmental quality in making its determinations on the issuance ofa CUP for the proposed RV Park and Resort. 36. There is no additional information which is needed that could be obtained by requiring an Envirorunental Impact Statement. 37. The project does not have the potential for significant environmental effects. CONCLUSION l, Otter Tail County, which is the Responsible Governmental Unit for the proposed project has fulfilled the procedural requirements in obtaining an Environmental Assessment Worksheet, and obtaining comments thereto. 5 OTC Board of Commissioners' Minutes April 16, 2013 Attachment B, Page 6 2. There are adequate and appropriate stale am.I local regulations governing the activities of this project that will limit and control environmen1al effects. 3. That there are no elements of the project that pose the potential for sig1,ificant environmental e(Tects. ORDER NOW, THERFORE, IT IS HERFBY OR OE.RED that a negative declaration is hereby made. and no Environmental Impact Statement is n:quired. !-( /JI. /J3, __ _ Date J\ttes/-,,, _&L___ .. Larr~1, Clerk 6