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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 08/28/20010 0 MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Otter Tail County Courthouse Commissioners' Room, Floor 1-B Tuesday,August28,2001 9:30 a.m. Call to Order The Otter Tail County Human Services Board convened Tuesday, August 28, 2001, at 9:30 a.m. at the Otter Tail County Courthouse with Commissioners Dennis Mosher, Chair; Bob Block, Vice- Chair; Syd Nelson, Malcolm Lee, and Roger Froemming present. Approval of Agenda Motion by Froemming, second by Block, and unanimously carried to approve the Human Services Board agenda of August 28, 2001 as mailed. Approval of Minutes Motion by Nelson, second by Lee, and unanimously carried to approve the Human Services Board minutes of August 14, 2001 as mailed. Draft Policy for Use of Chemical Irritants . Court Services Director, Chuck Kitzman, presented a draft policy authorizing his staff to carry chemical irritants for self-protection: Training wilrbe provided to staff. Mr. Kitzman will research any potential issues with the County's insurance carrier relative to the draft policy. West Central Regional Juvenile Center Commissioner Nelson and Mr. Kitzman have been invited to attend the WCR Juvenile Center Advisory Board's semi-annual meeting on Thursday, August 30, 2001. Discussion took place regarding a 10% decrease in usage of the facility resulting in a deficit for the facility. Commissioners discussed Otter Tail County's participation, per diem rates, and the benefits of fewer out-of-home placements. Commissioner Mosher requested additional financial information such as total annual budget and revenue and expense data for the facility. Minnesota's Community Social Services Act Human Services Supervisors, Tom Jensen, Brad Vold, and Jodi Wentland, presented a two-year County CSSA plan and reviewed the goals of the plan. Motion by Nelson, second by Froemming, and unanimously carried to approve the two year draft Otter Tail County Community Social Services Act Plan per Minnesota Statute and authorized the plan to be sent to the Department of Human Services for their review. Day Treatment Contract Motion by Block, second by Froemming, and unanimously carried to authorize the Chair's signature to execute a contract between Otter Tail County Human Services, Fergus Falls Area Special Education Cooperative District #935, and Lakeland Mental Health Center for the period of July 1, 2001 to June 30, 2002. This contract provides the Day Treatment Program for the Fergus Falls Middle School. The cost to the County is approximately $121,342 minus the MA .reimbursements estimated at $72,000. OTC Board of Commissioners' Minutes August 28, 2001 Page 2 Elderly Services Program Update O Social Workers, Peggy Lenarz-Heinrich and Lori Jaros, briefed the Board on their role with the Elderly Services Program. A total of 208 individuals are served by this program with 70 receiving Alternative Care services, 118 receiving Elderly Waiver Services, and 20 receiving Community Alternatives for Disable Individuals (CADI). The program serves as a major information source for connecting the elderly with needed services. Ms. Jaros presented a Senior Service Resource Directory that is given to providers of services in the community. They invited Commissioners to a Senior Service Network meeting scheduled on Tuesday, September 11 th from noon to 1 :30 p.m. Discussion followed regarding the State of Minnesota's goal to reduce Nursing Home beds and issues resulting from the lack of countywide transportation. Approval of Bills & Claims Motion by Nelson, second by Block, and unanimously carried to approve the Human Services bills and claims as presented. Adjournment At 10:27 a.m., upon a motion by Lee and seconded by Froemming, the meeting of the Otter Tail County Human Services Board was adjourned until 9:30 a.m. on Tuesday, September 11, 2001. Dated: 9 /11 lot __ __,__,,,__._,c-,,~~------MAN SERVICES BOARD AttMt k:i a Larry Kro n, Clerk Call to Order The Otter Tail County Board of Commissioners convened Tuesday, August 28, 2001, at 10:45 a.m. at the Otter Tail County Courthouse with Roger Froemming, Chair; Dennis Mosher, Vice-Chair; Syd Nelson, Malcolm Lee and Bob Block present. Approval of Agenda Motion by Lee, second by Mosher, and unanimously carried to approve the County Board agenda of August 28, 2001 as mailed. Approval of Minutes Motion by Mosher, second by Lee, and unanimously carried to approve the County Board minutes of August 21, 2001. Approval to Pay Bills Motion by Lee, second by Nelson, and unanimously carried to approve payment of County Board bills per Attachment A of these minutes, which include the following lodging payments: Holiday Inn Express Assessment Technician, Kim Armstrong Best Western Kelly Inn Recorder, Wendy Metcalf 0 Authorization for Exemption from Lawful Gambling License Q Motion by Mosher, second by Froemming, and unanimously carried to acknowledge receipt of the Rocky Mountain Elk Foundation Application for Authorization for an Exemption from Lawful Gambling License for an event scheduled for September 22, 2001 at The Pier and to waive the 30-day waiting period. a 0 OTC Board of Commissioners' Minutes August 28, 2001 Page 3 Approval of Credit Card Application Motion by Lee, second by Froemming, and unanimously carried to approve the credit card application of Safety & Emergency Services Director, Tiny Holm. Waste Processing Agreement Motion by Lee, second by Froemming, and unanimously carried to authorize the Chair's signature to execute a Waste Processing Agreement between the City of Fergus Falls and County of Otter Tail effective July 1, 2001 through December 31, 2002. The contract is designed to be replaced by a permanent agreement as either party can terminate the agreement with a 60 day written notice. Drainage and Agricultural Inspector Land & Resource Director, Bill Kalar, introduced the new Drainage and Agricultural Inspector, Randy Wasvick. Commissioners congratulated Mr. Wasvick to Otter Tail County. County Ditch No. 4 Mr. Kalar reported that the Ditch Viewers have visited all properties as requested at the recent public hearing and the visits resulted in a number of acres with no benefits or reduced benefits. He presented a bid of $27,000 from Duane Muench to clean out an additional 1 ½ miles of the ditch system as previously discussed. Lengthy discussion followed. The new Ditch Inspector will work with Mr. Holm and Mr. Hauser to review the original bid and bring back additional information at the next Board meeting as well as the Ditch Viewers report. Planning Commission Recommendations Mr. Kalar presented the Planning Commission findings on an Environmental Assessment Worksheet (EAW) Needs Determination for the Preliminary Plat of "Adair Acres". The Planning Commission recommended that an EAW is not necessary. Motion by Mosher, second by Block, and unanimously carried to uphold the recommendation of the Planning Commission and not require an EAW for "Adair Acres" and further, to adopt the findings and conclusion for the proposed plat as presented in Attachment B of these minutes. Sewage System Inspection List Motion by Lee, second by Nelson, and unanimously carried to place Tamarac Lake on the sewage system inspection list as requested by the Tamarac Lake Association. Recess & Reconvene At 11 :30 a.m., Chair Froemming declared the meeting of the Otter Tail County Board of Commissioners recessed for lunch break. The Chair reconvened the meeting at 1 :00 p.m. County Economic Development Tax Abatement Request Tuffy's Pet Food CFO, Wayne Caughey, and City of Perham Administrator, Bob Louiseau, requested consideration to approve a tax abatement for the Tuffy's building in Perham to assist KLN Enterprises with acquisition and increased production of dog food in the Tuffy's facility. Mr. Louiseau stated that Doane Pet Care previously owned the facility and recently announced closure of the facility leaving 150 people unemployed. KLN agreed to purchase the building; however, in order to acquire the business, they had to acquire all of the building along with some restrictions on their ability to solicit business from former customers for two years. Therefore, production levels are down to 20% of previous plant production. They requested an abatement of tax up to $30,000 per year up to 10 years based on production levels. All Commissioners have received a detailed application and synopsis of Tuffy's proposal. Discussion followed. OTC Board of Commissioners' Minutes August28,2001 Page 4 Commissioner Lee referred to the County's current tax deferral policy. The County Attorney stated O that the County Board has authority to approve an abatement; however, it must be done by resolution that includes the terms of the abatement along with public benefits and a public hearing must also be held notifying the public that this abatement is being considered. Motion by Nelson, second by Froemming, and unanimously carried to consider a total abatement amount of up to $30,000 per year up to 10 years and to set a public hearing for the abatement on Tuesday, September 11, 2001 at 2:00 p.m. Performance Evaluation Summary Motion by Lee, second by Mosher, and unanimously carried to approve the performance evaluation summary for GIS Data Base Coordinator, Sherran Leabo, and requested that the summary be placed in her personnel file. Solid Waste Transfer Stations -Petty Cash Accounts Motion by Mosher, second by Block, and unanimously carried to approve the following proposed petty cash accounts for the various transfer stations: Battle Lake and Henning Transfer Stations Northeast Otter Tail Landfill Parkers Prairie & Pelican Rapids Transfer Stations Current $50.00 $50.00 $50.00 Drainage and Agricultural Inspector Proposed $100.00 $100.00 $20.00 Motion by Nelson, second by Froemming, and unanimously carried to appoint Mr. Randy Wasvick as Otter Tail County's Drainage and Agricultural Inspector. Q Adjournment At 1 :54 p.m., upon a motion by Nelson and seconded by Block, the meeting of the Otter Tail County Board of Commissioners was adjourned until 9:30 a.m. on Tuesday, September 4, 2001. Dated: j IL/lot --~-1-, -,,-.C...~------ Attest: ~ ~ Larry7<roh; Cler OTTER TAIL COUNTY BOARD OF COMMISSIONERS /-.:> CB/kd Enclosures 0 0 · Otter Tail County Warrants August 28, 2001 Attachment A Page 1 B/28/2001 13:06:30 OTTER TAIL COUNTY AUDITOR PANELSON RECEIPTS AND DISBURSEMENTS SYSTEM WARRANTS FOR PUBLICATION IFD66 COUNTY 56 PAGE 1 WARRANTS APPROVED ON 8/28/2001 FOR PAYMENT VENDOR NAME ... JOYCE ALBJERG ·. ''LEON ANDERSON AUTO GLASS ASSOCIATES AUTO GLASS SPECIALISTS INC. BEST WESTERN KELLY INN BEYER BODY SHOP ROBERT BLOCK · i BRETZ HARDWARE . CDW GOVERNMENT, INC COLLEGE WAY AUTO INC. DENNY'S ENTERPRISES INC DIVERSION AUTO MICHELLE ELDIEN MARK ENGLUND . FABRICATORS UNLIMITED INC FARNAM'S GENUINE PARTS, INC FERGUS ELECTRIC FERGUS FALLS MEDICAL GROUP FERGUS FALLS POLICE DEPARTMENT FERGUS FALLS SMALL ENGINE & TR FERGUS TIRE CENTER ROGER FROEMMING GOODIN COMP:ANY GRAINGER INC. DIANE HANSON HOLIDAY HOLIDAY INN EXPRESS HOLIDAY 93 SHELDON HOLM HOTSY EQUIPMENT COMPANY IBM CORPORATION INNOVATIVE OFFICE SOLUTION K-MART KELLY SERVICES INC. KOEP'S CLITHERALL CORNER LARRY OTT INC. TRUCK SERVICE MALCOLM LEE KAREN LUNDIN VIOLA MANDERUD WENDY METCALF MINNESOTA STATE BAR ASSOCIATIO MINNESOTA'S BOOKSTORE MN CENTER FOR CRIME VICTIMS SE MN CO INSURANCE TRUST MN s.c.I.A. MN SHERIFFS' ASSOCIATION MOCIC DENNIS MOSHER NELSON BROTHERS PRINTING AMOUNT 4. 93. 164.01 40 .:00· •.413. 09 . 81. 36 266.26 50.03:.: 8. 28/' 131.75 65.20 60.00 20.21 192.52 12.63 153.53 29.98 2,489.74 6,049.00 1,582.11 152.62 738. 94 31. 74 306.41 103.5B 130.94 358.40 457.35 58.30 14.38 207.51 1,082.98 168.57 191.66 1,296.48 72.75 1,300.00 79. 35 21.19 97.61 93.83 '. 2B0. 00 i 339.09 BS.CO 2,500.00 300.00 73.23 260.00 45.54 374.35 B/2B/2001 Otter Tail County Warrants August28,2001 Attachment A Page 2 OTTER TAIL COUNTY AUDITOR; IFD66 8/28/2001 13:06:30 PANELSON RECEIPTS AND DISBURSEMENTS SYSTEM COUNTY 56 WARRANTS FOR PUBLICATIOJ!il ' PAGE 2 **** WARRANTS APPROVED ON 8/28/2001 FOR PAYMENT 8/28/2001 VENDOR NAME NELSON DODGE-GMC NORTH COUNTRY RESTORATION NORTHERN WASTE SYSTEMS NORTHWEST DIVERS KIRSTEN OLSON OTTER TAIL CO TREASURER OTTER .TAIL POWER COMPANY OVERIJIND MECHANICAL SERVICES PAMIDA INC. PERHAM AREA EMS PERHAM MEMORIAL HOSPITAL THE PIERCE CO. PITNEY BOWES INC. SAUL MINEROFF ELECTRONICS INC. JOYCE SCHMIDT SCHMITZ FORD SHERWIN WILLIAMS BRENDA SHOEMAKER SOUTHTOWN C-STORE STEIN'S INC. SUNMART SUPERIOR JETTING MELANIE SWANSON CINDY THOMPSON TIRE DEPOT TNT REPAIR INC. US OFFICE PRODUCTS VICTOR LUNDEEN COMPANY WALTERS PHOTOGRAPHY WEST GROUP PAYMENT CTR. FINAL TOTAL •.•..•• AMOUNT 31,.17 6,795.00 15,300.00 .•l.01.12 13. 80 l.,302.1'4 l.62.85 283.50 39. 84 256.73 10.00 100.09 828.57 l.13.50 84. 97 l.25.28 114.95 21.04 413. 78 805.52 l.02.56 1,657.50 17.66 140.63 1,023.40 26.00 140.55 l.,087.10 74.65 266.24 $54,476.57 **** 0 0 0 0 OTTER TAIL COUNTY BOARD OF COMMISSIONERS ON EAW NEEDS DETERMINATION FOR THE PRELIMINARY PLAT OF ADAIR ACRES Otter Tail County Minutes August 28, 200 I Attachment B, Page I At a public hearing held on August 22, 2001, the Planning Commission of Otter . Tail County considered the need.for an Environmental Assessment worksheet prior to further action concerning the application for the preliminary plat .ofAdair Acres. Planning Commission members present at the hearing were: Bert Olson, Chairman; Bob Schwartz, Les Estes, Leona Zimmerman, Linda Bergerud, Frank Lachowitzer, Richard Shea, Joe Maske and Rod Boyer. Bill Kalar and Marsha Bowman of the Land & Resource Management Office were present. Michelle M. Eldien, Assistant Otter Tail County Attorney, was also present. The Planning Commission received comments from Kris Svingen, attorney on behalf of applicants, Patrick and Laurie Thompson, and Stephen Rufer, on behalf of several area property owners. The Planning Commission also received comments from Beth Wurzer, Ralph Schmidt, Milt Paulson, Scott Frivland, Wilma Johnson, Nancy Linder, and Clem Hendrickson. Items of correspondence were also received by the Planning Commission and read at the hearing, including letters from Nancy and Sam Linder, Elizabeth Harrison, Larry Smith, Girard Township, and David Bossart. In addition, the Planning Commission received information con~eming a telephone conversation received by the Land & Resource Office from Bonnie Frisby-Griffin and . ' photographs from Marv Bossart. 0 Otter Tail County Minutes August 28, 200 I Attachment 8, Page 2 Based on all the information presented and on observations made by the Planning Commission members, the Commission makes the following Findings of Fact, Conclusion and Recommendation: FINDINGS OF FACT I. The application submitted by Patrick and Laurieffhompson is a proposal for a preliminary plat described as Adair Acres, consisting of 13 single family residential backlots, one block, within the shoreland area of West Battle Lake (56-239), and said property being more particularly described as: Part of the SE¼ of the NE¼, Section 31 and Part ofS ½ of the NW¼, Section 32 of Girard Township. II. A copy of the application and the proposed plat of Adair Acres is on file in the Office of Land & Resource Management III. Adair Acres is a proposed development intended for single family residential use. The land is suitable for residential land use. There is a possibility of some unique topographical features on Lots 10 and 11, with the possibility of some lots, specifically Lots 12 and 13, being substandard. As to crowding potential, this proposed plat reduced the number oflots from the original 18 to 13. Although the Planning Commission did not identify any significant impact by the development on storm water runoff, a number of individuals from the audience spoke about potential problems with runoff at the 0 · meeting. The Planning Commission commented that there was no evidence of storm 2 Otter Tail County Minutes August 28, 200 I Attachment B, Page 3 Q water runoff that would result from the proposed plat, but the runoff issues appear to be from the whole watershed area. 0 IV. The proposed plat does not include any wetlands. V. The proposed plat does notfall within an identifiable flood plain. VI. The proposed project would not require any forest land conversion, other than tree removal normally associated with residential development. Just as with any development, onsite erosion is always a potential problem where a topographical alteration is made. The proposed plat appears to have slight potential for erosion concerning Lots l O and 11. VII. The proposed project does not appear to contain any identifiable historical sites that would be significantly impacted by the proposed plat. VIII. There are no known hazards to present or future property owners or adjacent property owners created by the proposed project, other than possible traffic concerns. However, any traffic hazard appears to be no more than that on any other development. IX. There are no known hazardous or chemical waste disposal areas within the proposed plat. 3 0 X. Otter Tail County Minutes August 28, 2001 Attachment B, Page 4 The proposed plat does not have the potential for significant adverse impact on plant and wildlife habitat. The Planning Commission did not identify any endangered, threatened or special concerns species of animal, bird or plant life associated with the plat. XI. It does not appear that the proposed plat will generate any:long term unacceptable levels of noise, other than the usual noise associated with single family residences. XII. As with some other proposed developments, there would be some potential for additional development onsite. However, the potential for such development is no more than any other proposed project and any future development would come within the requirements of the Otter Tail County Shoreland Management Ordinance. XIII. The proposed plat will have minimal effect on the air quality. XIV. There is some concern with the proposed plat as far as unsafe or adverse traffic conditions because of possible increased use of the roadway. However, any unsafe or adverse traffic conditions would be no more than any other proposed plat. xv. Whether the proposed project provides for acceptable opportunities for water access considering land slope, aquatic vegetation and water depth, is not applicable for 4 Otter Tail County Minutes August 28, 200 I Attachment B, Page 5 V this proposed plat as the plat consists of back lots, so any impact on the lake would be very minimal. 0 0 XVI. Toe proposed plat would have minimal impact on fish and wildlife habitat, if any, as the plat consists of back lots. XVII. There are no identified or known endangered, threatened or special concern species of aquatic animal or plat life that would be affected by the proposed plat. XVIII. There are no specific hazards identified within the proposed plat. CONCLUSION Any potential· significant impact that the proposed plat may have on the land and lake within the proposed project area can be mitigated and/or reversed byan erosion control plan, or storm water management plan, restrictions that the Planning Commission may place on the number oflots or size and other ordinance restrictions, including the maximum twenty-five percent (25%) impervious surface coverage requirement and grade and fill restrictions as to any storm water runoff potential problems. Toe potential for onsite erosion, especially on Lots 10 and 11, could be addressed by the Planning Commission with modifications of the plat in regards to ditching and access to lots and possible road right of way setback increases from the 20 foot minimum under the ordinance. 5 Otter Tail County Minutes August 28, 200 I Attachment B, Page 6 As to any concern for the location of a historical site within the proposed plat, the Planning Commission certainly could condition any approval of the plat by the requirement of an archaeological survey to be completed prior to development. Any concerns as to the impact of the proposed plat for .unsafe or adverse traffic ,, conditions could be addressed or mitigated by requiring.tbe developer to create bicycle 0 paths or walkways, and proper location of approaches to lots. ORDER Thus, the Otter Tail County Board hereby orders that no Environmental Assessment Worksheet is necessary. Dated: August 28, 2001 6