HomeMy WebLinkAboutBoard of Commissioners - Minutes - 05/23/20000
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MINUTES OF THE
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Otter Tail County Courthouse
Commissioners' Room, Floor 1-B
Tuesday, May 23, 2000
9:30 a.m.
Call to Order
The Otter Tail County Human Services Board convened Tuesday, May 23, 2000, at 9:30 a.m. at the Otter
Tail County Courthouse with Commissioners Roger Froemming, Vice-Chair; Syd Nelson, Malcolm Lee, and
Dennis Mosher present. Chair Virginia Portmann was absent.
Approval of Agenda
Motion by Lee, second by Mosher, to approve the Human Services Board agenda of May 23, 2000, as
presented. Motion carried.
Approval of Minutes
Motion by Mosher, second by Nelson, to approve the Human Services Board minutes of May 9, 2000, as
mailed. Motion carried.
Legislative Update -Courts and Corrections
Court Services Director, Chuck Kitzman, updated the board on recent legislative action. The actions
include: The maximum fines for petty misdemeanor and misdemeanor crimes were increased. A HAGA
reduction for counties in the 5th, 7th, and 9th judicial districts for the state funding of the district courts by
$511,000 each year was included in the Omnibus Tax bill. A number of court and corrections issues are
expected to reappear during the 2001 legislative session including DWI penalties, Red Wing Juvenile
facility, and probation funding
Minnesota Juvenile Firesetter Program
Mr. Kitzman and County Attorney, David Hauser, are members of the Regional Juvenile Firesetter Program
Task Force. This is an unfunded mandate and, by statute, the state Fire Marshall's office is setting up a
prevention/education program in each region of the state. Mr. Kitzman and Mr. Hauser will report further as
the program develops.
Legislative Update -Public Health
Public Health Director, Diane Thorson, briefed the board on funds available for home visiting for the next
three years. Through the TANF program, there is 7 million dollars for each of the next 3 years available for
families at income 200% below the federal poverty guidelines. The funds will come directly from the
Department of Human Services to Human Services boards and appears that it will be distributed based on
the percentage of caseload on the MFIP program in each county. These funds must be utilized in
accordance with existing legislation related to universal home visiting for young children.
Home Care Transition Update
Ms. Thorson stated that plans are being made for future accounting procedures. Some home care patients
are beginning to transfer to other agencies.
Dental Project Grant
Ms. Thorson reported that Public Health has been awarded $63,269 from a state grant request to be used
to purchase equipment for the portable dental clinics. This will enable more clinics to be scheduled. The
Veden Trust will be informed of the state grant.
OTC Board of Commissioners' Minutes
May 23, 2000
Page2
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Chemical Dependency Unit Report n
Employees of the Chemical Dependency Unit presented a 1999 Annual Chemical Dependency Unit report. .._
Lengthy discussion followed regarding number of clients served, facilities utilized, and cost/funding of
treatment programs.
North Country Options Closure
Motion by Nelson, second by Mosher, to authorize the Vice-Chair's signature to acknowledge the closure of
North Country Options day treatment and habilitation effective June 23, 2000. Alternative day programming
services have been made available to those individuals who are currently being served through North
Country Options. Motion carried.
Family Services Collaborative
An update regarding the Family Services Collaborative was provided. Ms. Thorson reported that the federal
dental grant request has been submitted through the collaborative as an integrated grant effort. Vision
learning and truancy issues were also discussed.
Bills & Claims
Motion by Lee, second by Mosher, to approve the Human Services bills and claims as presented. Motion
carried.
Adjournment
At 10:40 a.m., Vice-Chair Froemming adjourned the meeting of the Otter Tail County Human Services
Board until 9:30 a.m. on Tuesday, June 13, 2000.
Dated: ~ 1 ,, u L3 1 j'.JQ':C> OTTER 17AIL COUNTY HU N SERVICES BOARD
Attest j"'-;'lf( d ervices Board Chair
Larry Kro ~ Clerk
Call to Order
The Otter Tail County Board of Commissioners convened Tuesday, May 23, 2000, at 10:45 a.m. at the
Otter Tail County Courthouse with Commissioners Roger Froemming, Vice-Chair; Syd Nelson,
Malcolm Lee, and Dennis Mosher present. Chair Virginia Partmann was absent.
Approval of Agenda
Motion by Nelson, second by Lee, to approve the County Board agenda of May 23, 2000, with the following
addition:
Capital Improvement Committee -1:45 p.m.
Motion carried.
Approval of Minutes
Motion by Lee, second by Mosher, to approve the County Board minutes of May 16, 2000, with changes
under the section entitled "Bid Review & Recommendation for Award -Storage Building" as presented and
revised in the official minutes. Motion carried.
Otter Tail County Water Plan Committee
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Brad Mergens, Chair of the County Water Plan Committee, briefed the board regarding the history of
comprehensive local water planning and the corresponding funding formula. Otter Tail County developed a (~
water plan which has been overseen by the Land & Resource office and formed a Water Plan Committee l,__,J
Task Force. Mr. Mergens provided the committee's year 2001 Water Plan Action Item Recommendations
of how the committee believes the water plan funding could be used locally. He also presented a brochure
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• OTC Board of Commissioners' Minutes
May 23, 2000
Page 3
entitled "A Guide to Understanding the Shoreland Ordinance in Otter Tail County". Commissioner Lee
requested a list of members serving on the Otter Tail County Water Plan Committee Task Force.
Planning Commission Recommendations
Conditional Use Permit -Lindy's Lakeview Resort/Scott & Christie Lindemann:
Motion by Nelson, second by Lee, to approve a Conditional Use Permit to remove an existing home and
barn and replace with a new house and garage on Rush Lake (Sec. 23, Twp. 135,
R. 39, Rush Lake Township, No. 56-141) with conditions as recommended by the Planning Commission.
Motion carried.
Conditional Use Permit -James Briks:
Land & Resource Director, Bill Kalar, reported that the Planning Commission recommended denial of
Mr. Briks' penmit request to relocate a retaining wall. Corenia Kollasch Walz, attorney representing the
applicant, requested that this matter be tabled and continued at a later date to allow DNR Hydrologist,
Terry Lejcher, to speak on behalf of the Minnesota DNR relative to this project.
Motion by Mosher, second by Nelson, to table consideration of the Conditional Use Permit request of
James Briks on Otter Tail Lake until Tuesday, June 6, 2000, the next regularly scheduled County Board
meeting. Motion carried with Lee opposed.
Consideration of Environmental Impact Statement (EIS) -"West Silent Lake Retreat":
Mr. Kalar provided copies of the Findings of Fact relative to the need for an EIS for West Silent Lake
Retreat and an opinion statement from the County Attorney regarding the recommendation of the Planning
Commission that an EIS is not needed if the County has the authority to regulate surface water use.
Mr. Kalar reviewed the actions of the Planning Commission in consideration of an EIS for this plat. The
Planning Commission met in April to review the Environmental Assessment Worksheet, determined that
further information was needed; therefore, tabled a decision for 30 days per MN Rule 4410.1700 Subpart
2a.B. The Planning Commission recommendation is that an EIS is not needed in this matter if Otter Tail
County has the authority to regulate surface water use. If Otter Tail County does not have the authority to
regulate surface water use, then the Planning Commission recommends an EIS should be prepared in
order to gain more information on the impact of motorized traffic on the bay. The County Attorney
researched the matter and determined that the county does have the authority to regulate surface water use
subject to approval from the DNR.
Dennis Hagstrom, attorney representing the developers, noted the issue still in question, of traffic on the
bay of West Silent Lake where development is intended, can be addressed whether or not an EIS is
required. From the developer's prospective, traffic from the proposed lots of this subdivision is not as
significant as from the general public. Discussion followed.
West Silent Lake Property Owner, Jennifer Smestad, spoke in favor of an EIS because of the potential
impact on the quiet cove from the proposed development.
Resident, Mary Ryan, spoke in favor of an EIS because of implied residential access and the harm that
access could do to the bay.
The options regarding a negative declaration for an EIS as recommended by the Planning Commission or a
positive declaration that an EIS is required were discussed. Assistant County Attorney, Kurt Mortenson,
stated that a negative declaration for the need for an EIS relative to the county's authority to restrict surface
water use does not necessarily imply implementation of such an ordinance. Commissioner Lee stated that
the county's jurisdiction ends at the OHWL and stated that this issued should be addressed by the DNR.
Motion by Lee, second by Nelson, to accept the Planning Commission's recommendation that an EIS is not
required for the Preliminary Plat of "West Silent Lake Retreat". Motion carried.
OTC Board of Commissioners' Minutes
May 23, 2000
Page 4
Discussion -Board of Adjustment Concerns n ·
Citizen, Dan Peterson, expressed concern regarding a variance he applied for to build a garage. The w I
variance was not granted because there was no hardship shown. Mr. Peterson's concern is that, in this
case, by applying the law, his garage could be built farther back but would require cutting down many full-
grown trees. He believes that the Board of Adjustment is forcing him to do something that the law is
intended to prevent. Mr. Peterson noted that state law permits variances when the variance is in harmony
with the intent and purpose of the official control. Other issues cited were that Board of Adjustment
members should view all the properties relative to a variance or they should not vote and a simpler appeal
process should be available. Mr. Kalar responded that the appeal process by state rule must go to District
Court; however, other issues cited could be addressed by the County Board through ordinance revisions.
License Applications
Motion by Nelson, second by Lee, to approve the following applications for licenses:
Candace Mobraten
Amor Lounge & Dinner Place
RR2
Battle Lake, MN
On/Off-Sale 3.2 Malt Liquor
On Sale Liquor
Subject to the approval of the County Attorney's office, the County Sheriffs office and the submission of
the necessary applications and insurance certificates.
Steven Heidenson
Battle View Landing
RR 2 Box 262
Henning, MN
On/Off-Sale 3.2 Malt Liquor
Wine
Subject to the approval of the County Attorney's office and to the approval of the County Sheriffs
office. (New Applicant)
Jodie Collins
Collins Landing
RR 2 Box 277
Dent, MN
Bruce Huseth
Conoco Quik-Stop
RR 1 Box 14
Underwood, MN
Robin Johnson
Lakeland General Store
RR4 Box 111
Pelican Rapids, MN
Daniel Jacob Walvatne
Main Street Gas and Goods
101 West Main
Dalton, MN
Marilyn Heit
Wee Villa Lodge
RR 2 Box 182
Fergus Falls, MN
Maxine Laura Woody
Off-Sale 3.2 Malt Liquor
Off-Sale 3.2 Malt Liquor
Off-Sale 3.2 Malt Liquor
Tobacco
On/Off -Sale 3.2 Malt Liquor
Consumption and Display Permit
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Woody's Blue Horizon
RR 1 Hwy. 78 S
Perham, MN
Motion carried.
Recess & Reconvene
OTC Board of Commissioners' Minutes
May 23, 2000
Page 5
At 12:30 p.m., Vice-Chair Froemming recessed the meeting of the Otter Tail County Board of
Commissioners for lunch break. Vice-Chair Froemming reconvened the meeting at 1: 15 p.m.
Commissioner Lee offered the following resolution and moved its adoption:
Snowmobile Grant-In-Aid Trail Systems Resolution
Otter Tail County Resolution No. 2000 -30
WHEREAS, Otter Tail County has sponsored Grant-In-Aid Trail Systems in the past; and
WHEREAS, acceptance of the Grant-In-Aid Trail Systems proposed extensions are subject to the
review and approval of the County Attorney;
THEREFORE, BE IT RESOLVED that Otter Tail County shall continue to sponsor Grant-In-Aid
Trail Systems as they exist for Lake Runners Trail Association and proposed extensions of Grant-
In-Aid Trails with the aforementioned condition.
Commissioner Mosher seconded the resolution and, upon being put to vote, was unanimously
adopted.
Dated: __ ~~1.1t1 ... ,o.1N22..>L.l<{g_.1,-.Jg~Cpa:!.4..L--OTTER _TjfL_co~N~ BOA OF COMMISSIONERS
By: u.tA
Virginia rtmann, County Board Chair
Beaver Control
Ditch Inspector, Tiny Holm, reported that 21 beavers have been removed from Ditch No. 39 and 6 from
Ditch 41. The beaver control funds from the Red Lake Board have been exhausted at this time. Mr. Holm
will check into the matter of the $500 assessment to each ditch system that was previously passed by the
County Board. That money could pay for some of the beaver control expenses.
Ditch No. 71
Mr. Holm reported that Ditch No. 71, out of Sewell Lake, is blocked possibly by a root system. Discussion
followed regarding cleaning it out. Motion by Mosher, second by Nelson, to assess Ditch No. 71, in the
amount of $2,000, for the clean-out.
Transportation Funding
Highway Engineer, Rick West, reported on recent transportation funding. Mr. West expressed concern with
the long term transportation infrastructure funding. License fees were reduced by 32% and that reduction of
funding was not replaced by dedicated funds.
Resource Recovery Projects -Discussion
Solid Waste Director, Mike Hanan, provided a handout detailing 4 items discussed at a recent Seven-
County Solid Waste Joint Powers Board meeting. All counties except Wilkin stated that they were in favor
of each county being contractually responsible for a portion of the project debt for the retrofitting of the
OTC Board of Commissioners' Minutes
May 23, 2000
Page 6
Resource Recovery Facility in Perham equal to their percentage of waste delivery. Lengthy discussion took 1,
place. Mr. Hanan presented a draft letter to Land O'Lakes explaining that this is a critical time for the w
Perham project and the county needs a definite decision regarding a commitment to purchase steam by the
end of June. Motion by Mosher, second by Nelson, to send the draft letter as presented by the Solid Waste
Director to Land O' Lakes. Motion carried.
Solid Waste Hauler's Application
Motion by Nelson, second by Lee, to approve the following solid waste hauler's license application:
Motion carried.
Jon & Sons Disposal Service
Jon Christenson
Frazee, MN 56544
Last Resort Temporary CUP Request
Mr. Kalar reported that the County Attorney did some research regarding last week's request from Last
Resort Owner, Ted Bellmore, to operate a bar and cabins on a temporary permit. At this point, Mr. Bellmore
has not applied for a Conditional Use Permit and the establishment has been closed for over one year. The
County Attorney researched the issue and found that under state statute, there is language that would
indicate that a temporary permit could be granted: however, Otter Tail County's Shoreland Ordinance does
not allow a permit that has not been proposed to the Planning Commission. Motion by Lee, second by
Mosher, to deny a temporary Conditional Use Permit for the Last Resort because county ordinance
language does not allow for a temporary permit. Motion carried.
Adjournment
At 2:1 O p.m., Vice-Chair Froemming declared the meeting of the Otter Tail County Board of Commissioners Q
adjourned until 9:30 a.m. on Tuesday, June 6, 2000.
Dated: __ 0;;.4(_.,1, ... _..'--)L....>/qW+-, ..,2 .. 000~1..---F COMMISSIONERS
Attest: jtVU4 ~
Larry Krohn, ci1erk
ortmann, County Board Chair
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