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Home My WebLink AboutBoard of Commissioners - Minutes - 04/01/2003-~ ~ "'"'!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!II • • • MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Otter Tail County Courthouse Commissioners' Room, Floor 1-B Tuesday, April 1, 2003 9:30 a.m. Call to Order The Otter Tail County Board of Commissioners convened Tuesday, April 1, 2003, at 9:30 a.m. at the Otter Tail County Courthouse with Commissioners Malcolm Lee, Chair; Syd Nelson, Vice-Chair; Dennis Mosher, Roger Froemming, and Bob Block present Approval of Agenda Motion by Block, second by Mosher, and unanimously carried to approve the County Board agenda of April 1, 2003, with the following addition: Discussion Regarding Proposed Lake Improvement District Legislation Approval of Minutes Motion by Nelson, second by Froemming, and unanimously carried to approve the County Board minutes of March 25, 2003, with the following correction. Page 3, Under the heading Budget Discussion Update, the second sentence reads "He reported the general conclusion of most department heads that a 5% budget is possible; however, 10% cannot be obtained without elimination of services and staff reductions." Page 3, Under the heading Budget Discussion Update, the second sentence is corrected to read as follows: "He reported the general conclusion of most department heads that a 5% budget cut is possible; however, 10% cannot be obtained without elimination of services and staff reductions." Approval to Pay Bills Motion by Block, second by Mosher, and unanimously carried to approve payment of County Board bills per Attachment A of these minutes. Negative EIS Declaration for Blue Heron Bay Motion by Froemming, second by Block, and unanimously carried to approve the Otter Tail County Board of Commissioners Negative Environmental Impact Statement Declaration for Blue Heron Bay and Findings of Fact dated April 1, 2003 and attached as Attachment B to the official minutes_ Bid Award for CY2003 Seasonal Highway Supplies After previously advertising for bids, Highway Engineer, Rick West, opened the following bids at 1 :00 p.m. on March 5, 2003: Seasonal Supply Bituminous Material Hot Mix Bituminous (EOT) Bidder Murphy Oil USA, Inc. Superior, WI Koch Materials Company St Paul, MN Central Specialties, Inc. Alexandria, MN Mark Sand & Gravel Acq. Co_ Fergus Falls, MN Bid Amount $1.0616/gal. $1.0678/gal. $53,001.20 $53,201.20 OTC Board of Commissioners' Minutes April 1, 2003 Page 2 Hot Mix Bituminous (WOT) Wadena Asphalt Inc. -Wadena, MN Central Specialties, Inc. Alexandria, MN Mark Sand & Gravel Acq. Co. Fergus Falls, MN Sherbrooke Asphalt, Inc. Detroit Lakes, MN ' Hot Mix Bituminous (NOT) ~ Mark Sand & Gravel Acq. Co. Signing Materials · Fergus Falls; MN ' ,· Sherbrooke Asphalt, Inc. Detroit Lakes, MN Newman Signs, Inc. Jamestown, ND $53,801.20 $53,001.20 $54,401.20 $61,801.20 $54,401.20·-" .. : $61,801.20 1.::- $110,480.65 M-R Sign Company , $113,137.08 • . I , Fergus Falls, MN , _ , Mr. West informed commissioners that the cost for the hot mix bituminous is partly material and also, hauling cost from the plant to the worksite. Therefore, the recommendation for hot mix bituminous material includes several bidders and the deciding factor as to where the material is purchased will be the hauling distance to the worksite:. -· · · ' , . .' . . . · . • ' . ~ • I - Motion by Nelson,_ second by Froemming, and unanimou~ly carried to approv~ aw_ard-of seasonal highway supplies as follows: . Seasonal Supply Bituminous Material " Bidder Murphy Oil USA, Inc. Superior,.WI Bid Amount , $1.0616/gal. Hot Mix Bituminous (EQT) Central Specialties, Inc. .Alexandria, MN · $53,001.20 $53,201.20 $53,801.20 $53,001.20 $54,401.20 ,: J I': Hot Mix Bituminous (WOT) Hot Mix Bituminous (NOT) Signing Materials Culverts Herbicides . Mark Sand & Gravel Acq. Company Fergus Falls, MN Wadena Asphalt, Inc. Wadena, MN. · · · Central Specialties, Inc. Alexandria, MN I. ·. Mark Sand & Gravel Acq. Company Fergus Falls, MN Mark Sand & Gravel Acq. Company' Fergus Falls, MN Sherbrooke Asphalt, Inc. Detroit Lakes, MN Newman Signs, Inc. Jam_estown, ND ' I ' ,, $61,801 :20·' · $110,480.65 Johnston Fargo Culvert, Inc. St. Paul, MN UAP Timberland .. Kasota, MN State f:!i_d Contract #428105 . . State Bid Conti-act #42784 7 Agency Agreement No.,84151 for Federal Participation in ·construction Otter Tail County Resolution No. 2003 -=-17 • . Commissioner Mosher offered the following'arid moved its adoption: I 0 0 0 • OTC Board of Commissioners' Minutes April 1, 2003 Page 3 WHEREAS, pursuant to Minnesota Statutes Section 161.36, Otter Tail County desires the Minnesota Department of Transportation to act as the County's agent in accepting federal funds and on the County's behalf for the construction, improvement, or enhancement of transportation financed either in whole or in part by federal funds, hereinafter referred to as the "Project(s)". BE IT RESOLVED, that pursuant to Minnesota Statutes Section 161.36, the Commissioner of Transportation be appointed as Agent of the County of Otter Tail to accept as its agent, federal aid funds which may be made available for eligible transportation related projects. BE IT FURTHER RESOLVED, the County Board Chair and the County Board Clerk are hereby authorized and directed for and on behalf of the County of Otter Tail to execute and enter into an agreement with the Commissioner of Transportation prescribing the terms and conditions of said federal aid participation as set forth and contained in "Minnesota Department of Transportation Agency Agreement No. 84151", a copy of which said agreement was before the County Board and which is made a part hereof by reference. Commissioner Block seconded the motion, and upon being put to vote, was unanimously carried. Adopted at Fergus Falls, Minnesota, this 1st day of April, 2003 . • Dated: 4/103 • Attest /~ -~ Larry Kr n,lerk Geotechnical Evaluation Agreement for CSAH No. 35 Motion by Mosher, second by Lee, and unanimously carried to authorize the Highway Engineer's signature to execute an agreement between the County of Otter Tail and Braun lntertec Corporation for CSAH 35 reconstruction in Underwood, MN. The proposal is identified as Proposal BGDP-03-137R1 and the fee for service is not to exceed $4,920. Seasonal Highway Assistance Motion by Mosher, second by Block, and unanimously carried to authorize the Highway Engineer to hire a total of nine seasonal employees for the upcoming construction season. Maine Township Bill Motion by Froemming, second by Nelson, and unanimously carried to forgive a bill as outlined in Memorandum of Understanding No. 4457, in the amount of $677.87, owed by Maine Township relative to work completed during the closure of the Phelps Mill Bridge. The Bridge was being transferred to the County when the debt was incurred and the Highway Engineer, after talking with Maine Township officials, recommended cancellation of the debt. OTC Board of Commissioners' Minutes April 1, 2003 Page 4 ii Request to Fill Position· . Q Motion by Mosher, second by Lee, and unanimously carried to authorize the MIS Director to advertise to fill the position of Workstation Administrator/Network Specialist (#2006) at a compensation grade 16 as recommended by MAXIMUS, INC: GIS Projects GIS Coordinator, Brian Armstrong, reported that' funds have been put' in the Capital Improvement Fund to subcontract work to complete parceling.· He reported that the parceling is being completed "in house" and is working very well; therefore, capital ex'penditure funds will be used for drafting in the parceling project. Less money will be put into the Capital Improvement Fund in the future and this will afford better control of the project. In the future, Mr. Armstrong may be requesting· approval to hire a consultant to accomplish· the interactive parceling on the website for the seven townships that are completed. The GIS Department is interested in giving in-house ·computer training. Discussion also took place regarding new technology. · Reclassification Motion by Mosher, second by Lee, and unanimously carried to approve the reclassification of job #2704, Revenue Systems Administrator in. the Solid Waste Department, · from compensation grade 13 to grade 15 effective January 1, 2003. Request for Change in Shoreland Management Ordinance Mark Nokken from Moorhead, MN and property owner on Pelican Lake; requested an Q emergency mosquito prevention permit for portable screened patios that'could be placed on existing decks or motor homes. He' expressed concern with health problems caused by ' mosquitoes and bees. Land & Resource Director, Bill Kalar, stated,. that currently, a site permit is required for a portable screen patio and all requirements would have to be met for setback from the lake, lot lines, etc. This would be a prohibited addition in a RV unit at a resort as the rules allow only an open deck and small storage area. Mr. Nokken suggested an emergency bug permit that could be issued from June 1 through September 1, after which point, the portable screens would need to be dismantled: Commissioners referred this Shoreland Management Ordinance change request to the Planning Commission: County Ditch No. 53 County Ditch No. 38 Proposed Noxious Weed Legislation Ditch Inspector, Randy Wasvick, reported on the elevations he received with his handheld GPS equipment for Ditch No; 53. Discussion followed. Motion by Nelson, second by Froemming, and unanimously carried to adopt the Ditch No. 53 Viewer's Report and to direct the County Attorney to draft an Order for the ditch. Mr. Wasvick reported that he is working with the Soil & Water Conservation District and ·other wetland officials relative to Ditch No. 38. Commissioners agreed that the GIS Department could find elevations for wetlands on the ditch system, which could be used to determine a clean out process. The GIS Department would bill the Ditch System for this service. Mr. Wasvick submitted copies of H.F. No. 752 and H.F. No. 1090 regarding noxious weed laws. He requested the commissioners contact local legislators to send the proposed 0 ., .. • • OTC Board of Commissioners' Minutes April 1, 2003 Page 5 legislation back to the committee level to allow counties to have a voice in the proposed bill(s). Chairman Lee directed Mr. Wasvick to draft a resolution to send to legislators. Request to Fill Position Motion by Lee, second by Mosher, and unanimously carried to authorize the Physical Plant Manager to fill the position of Special Projects and Relief Worker (Job #1903) on a permanent basis. Lease Agreement Motion by Block, second by Lee, and unanimously carried to authorize the Chair's signature to execute a lease agreement between the County of Otter Tail and Belltelephone, Inc. effective April 1, 2003, for a three year term. The lease is for rental space at the New York Mills building. Request to Repurchase Tax Forfeited Property Otter Tail County Resolution No. 2003 -18 Commissioner Mosher offered the following and moved its adoption: RESOLVED, by the Otter Tail County Board of Commissioners of Otter Tail County, Minnesota, that WHEREAS, Randy K. Mortenson, owner, has made application to repurchase the following legally described parcel: . Parcel No. 69-000-99-0080-001 Elizabeth Lestikow's Addition East 30' of Lot 11 and All of Lot 12, Block 3 Said property having forfeited to the State of Minnesota on the 29th day of August, 2001, for nonpayment of the 1995, 1996, 1997, 1998, 1999, 2000, and 2001 property taxes, and WHEREAS, an application to repurchase the above described property was timely submitted on Thursday, March 27, 2003, and WHEREAS, the sum of $3,635.52 represents the aggregate of all delinquent and current taxes, penalties, costs, assessments, and· fees as of April 1, 2003, that would have been due and payable had the above described parcel not forfeited to the State of Minnesota, and WHEREAS, the applicant has requested that the Otter Tail County Board of Commissioners consider his application to repurchase the above-described parcel and has requested that the Otter Tail County Board of Commissioners approve the applicant's request to repurchase the above-described property. NOW, THEREFORE, BE IT RESOLVED, that the Otter Tail County Board of Commissioners hereby approves the repurchase of the above described tax forfeited property subject to the condition that the total amount due must be submitted on or before April 301\ 2003, and • BE IT FURTHER RESOLVED, that the Otter Tail County Board of Commissioners hereby finds that the repurchase is in the best public interest, that it will relieve any undue hardship which has resulted from the forfeiture. OTC Board of Commissioners' Minutes April 1, 2003 Page 6 Commissioner Block seconded the motion, and upon being put to vote, was unanimously ra~~-; Adopted at Fergus Falls, MN, this 1st day of April, 2003. Dated: L/ f Pj o?:, l Attest: //7/;g ~ Larry Kr( hn~ lerk OTTER,;i_:5,_9UNTY B~,C~ISSIONERS By:~~~ Malcolm K. Lee, County Board Chair Liquor License Motion by Lee, second by Froemming, and unanimously carried to approve the following application for license: Gail Suko Renewal of Consumption and Display Permit Ye Olde Schoolhouse Erhard, MN 56534 Premise Permit .., ~ Otter Tail County Resolution No. 2003 -19 Commissioner Nelson offered the following and mo~ed its adoption: 0 WHEREAS, the responsibility for the regulation of lawful gambling and the issuance of Q licenses and permits for the conduct. of lawful gambling lies with the Minnesota Gambling Control Board; and WHEREAS, the Perham Lions Cluq,_ Perham, MN, has made an _application to the Gambling Control Board for a premise permit to conduct lawful gambling at Hamburger Hollow, in Pine Lake Township of Otter Tail County; and WHEREAS, Minnesota Statute 349.213 provides that the Gambling Control Board may not issue a premise permit unless they receive a resolution from the Otter Tail County Board of Commissioners approving the application for a pe~mit; and ' WHEREAS, the Otter Tail County Board of Commissioners is aware of no reason to oppose the conduct of ,lawful gambling by the Perham Lions Club, Perham, MN, at Hamburger Hollow, in Pine Lake 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 Perham Lions Club, Perham, MN, at Hamburger Hollow, Pine Lake Township of Otter Tail County, provided the applicant meets . . all the necessary criteria for the licenses and permits as require_d by the Gambling_ Contro_l Board. IT IS FURTHER RESOLVED, that notice of this application and approval shall be provided to 0 the Township of Pine Lake by sending them a copy of this resolution. · Commissioner Froemming seconded the motion, and upon being put to vote, was unanimously carried. • • • Adopted at Fergus Falls, MN, this 1st day of April, 2003 . Dated: __ '-1-'-+-/~t?f-/ o~-'"----1 I Attest: ~ t{I- Larry Kr hn~ lerk OTC Board of Commissioners' Minutes April 1, 2003 Page 7 ISSIONERS Exempt Permit Application Motion by Mosher, second by Block, and unanimously carried to approve, · with no waiting period, the LG220 Application for Exempt Permit as submitted by the Fergus Falls Fish and Game Club for an event scheduled for June 7, 2003, at Elks Point. Motion by Block, second by Mosher, and unanimously carried to authorize the County Auditor's office to sign Exempt Permit Applications prior to presentation to the County Board. RESOLUTION AUTHORIZING ACCEPTANCE OF A TRAFFIC SAFETY AWARD Otter Tail County Resolution No. 2003 -20 Commissioner Lee offered the following and moved its adoption: WHEREAS, the Otter Tail County Sheriffs.Office desires to protect the health of its citizens by improving traffic safety and participation in the Safe & Sober Challenge; and WHEREAS, under the provision of the Highway Safety Act (P.L. 89-563), the Minnesota Department of Public Safety has federal funding to promote traffic safety; and WHEREAS, the Minnesota Department of Public Safety had judged the Otter Tail County Sheriffs Office's efforts to decrease impaired driving and increase seat belt use to be exceptional, and wants to reward those efforts by providing additional funding for the department; THEREFORE, be it resolved that the Otter Tail County Sheriffs Office enter into an agreement with the Minnesota Department of Public Safety, Office of Traffic Safety, for the period from December 1, 2002 to June 30, 2003. Sheriff, Brian I. Schlueter, of Otter Tail County is hereby authorized to execute such agreements as are necessary to implement the project on behalf of the Otter Tail County Sheriffs Office from January 1, 2003 to June 30, 2003. BE IT RESOLVED that Auditor, Wayne Stein, of Otter Tail County is hereby authorized to be the fiscal agent and administer the grant on behalf of the Otter Tail County Sheriffs Office. Commissioner Mosher seconded the motion, and upon being put to vote, was unanimously carried. Adopted at Fergus Falls, MN, this 1st day of April, 2003. ; OTC Board of Commissioners'·Miiiutes April 1, 2003 Page 8 Dated:. __ i.i.,/,_,,7:....,/L_ o--=3=----. _--- Attest: 4~ 4f£ Larry Kr n,lerk on_ E~T COUNTY BOARD ,9~MMISSIONERS . ~~-· By:. :;i,~ -.. ' - Malcolm K. Lee, County Board Chair ' ,· . Closed to the Public At 11 :54 a.m., Chairman Lee declared the meeting of the Otter Tail County Board of Commissioners dosed to the public for the purpose of evaluating the performance of GIS Coordinator, Brian Armstrong, pursuant to M.S. Chapter 13D.05 Subd. 3. All five iieated commissioners were present for the evaluation. A summary of performance conclusions will be provided at the next regular County Board meeting. Adjournment At 12:10 p.m., upon conclusion of the performance evaluation, Chairman Lee declared the meeting of the Otter Tail County Board of Commissioners adjourned until Tuesday, April 8, 2003. 0 Dated :_----=c'-lul....o.frc..J./~o""3c____--'----( 7 Attest ~~ !fl :TT~~~c??MISSIONERS· 0 Malcolm K. Lee, County Board Chair LarryKhn~ lerk CB/kd I. • Otter Tail County Warrants April 1, 2003 Page 1, Attachment A IFD66 4/01/2003 1,2 :59 :35 OTTER TAIL COUNTY AUDITOR PANELSON RECEIPTS AND DISBURSEMENTS SYSTEM WARRANTS FOR PUBLICATION COUNTY 56 PAGE 1 • • WARRANTS APPROVED ON 4/01/2003 FOR PAYMENT 4/01/2003 VENDOR NAME A-1 LOCK AND KEY MAVIS AUSTIN ANGELA BERGE BIG FOOT GAS & GROCERY BP AMOCO CADD ENGINEERING SUPPLY INC CARR'S LAKE COID!TRY SUPERMKT CASS CO SHERIFF DEPT CENTRAL STATES WIRE PRODUCTS DACOTAH PAPER COMPANY THE DAILY JOURNAL DAN'S EXHAUST PROS MARY DINIUS . ESRI, INC FERGUS FALLS MEDICAL GROUP FERGUS FALLS POLICE DEPARTMENT FERRELLGAS FOTH & VAN DYKE HERZOG ROOFING INC. HOLIDAY INNOVATIVE OFFICE SOLUTIONS INSIGHT PUBLIC SECTOR KELLY SERVICES INC. LAKE REGION HEALTHCARE LAKELAND MENTAL HEALTH CENTER LOCATORS & SUPPLIES INC. MATTHEW BENDER & COMPANY INC. MCAA MCCC MI 33 MINNESOTA STATE BAR ASSOCIATIO MN CO INSURANCE TRUST DENNIS MOSHER NATL ASSOC OF SCHOOL RESOURCE NELSON BROTHERS PRINTING NELSON DODGE GMC POLARIS NETWORK SERVICES COMPANY NEW YORK MILLS POSTMASTER NORTHWEST LASERS INC OTTER TAIL POWER COMPANY OTTER TAIL TELCOM OVERLAND MECHANICAL SERVICES PAMIDA INC. PELICAN RAPIDS PRESS PUBLIC SAFETY CENTER, INC SCHMITZ FORD 'SERVICE FOOD SUPERVALU SOUTH MILL SERVICE SOUTHTOWN C-STORE STEIN'S INC . AMOUNT 2.11 49 .99 288.12 103.25· 40.60 184.66 99.71 13.50 3,229.08 36.96 144.00 22.34 126.56 6,012.76 44.00 740.51 56.71 7,361.46 110.00 438.57 1,213.02 3,660.45 2,260.95 500.00 10,120.00 31.94 1,300.75 105.00 100.00 324.50 151.00 61.92 425.00 79.88 35.95 182.31 66.00 415.82 80.49 10 ·. 6 0 100.00 18.00 123.60 54.79 133.56 40.81 679.45 244.10 4,391.04 Otter Tail County Warrants April 1, 2003 Page 2, Attachment A 4/0l/2G'03 12:59:35 OTTER TAIL COUNTY AUDITOR PANELSON RECEIPTS AND DISBURSEMENTS SYSTEM WARRANTS FOR PUBLICATION WARRANTS APPROVED ON 4/01/2003 FOR PAYMENT VENDOR NAME· JOURDAN SULLIVAN TRI STATE XEROGRAPHICS TRUMP FRAMING US POSTMASTER UNITED BUILDING CENTERS VAUGHN CHEVROLET CO VICTOR LUNDEEN COMPANY VOSS LIGHTING WADENA CO AUDITOR-TREASURER WALTERS PHOTOGRAPHY RANDY WASVICK WEST GROUP PAYMENT CTR. WEST OTTER TAIL TOWNSHIP ASSOC YELLOW BOOK USA AMOUNT 100.09 258.75 14.91 74.00 15.31 35.62 215.83 218.69 406.64 12.37 19.02 4,123.50 132.50 122.60 IFD66 COUNTY 56 PAGE 2 4/01/2003 : ' FINAL TOTAL ...... . $51,765.65 **** -.r 0 0 0 • • • • OIC ClmnissiaErS' Mirrutes /\pti.l 1, 20J3 Attacbrmt B, Pcge 1 OTTER TAIL COUNTY BOARD OF COMMISSIONERS NEGATIVE EIS DECLARATION FOR BLUE HERON BAY A public hearing was held on December 11, 2002, on the Blue Heron Bay project proposed by the R. Murray Partnership, LLP. After consideration of the public comments, the Planning Commission decided to table the project until the mandatory Environmental Assessment Worksheet (EA W) was completed. At a public meeting held on March 19, 2003, the Otter Tail County Planning Commission considered the need for an Environmental Impact Statement prior to further action concerning the project known as Blue Heron Bay. The Planning Commission had received written comments during the comment period and provided a summary to those in attendance. The Planning Commission heard additional comments from Jim Erickson, Denny Johnson, Doug Martin, Eric Hansen, Dean Sather, Bill Peterson, Spencer Schram, Paul Swenson and James Morken. Planning Commission members present at the hearing were Bert Olson, Chairman, Robert Schwartz, Leona Zimmerman, Linda Bergerud, David Trites, Frank Lachowitzer, Richard Sha, Joe Maske, Rod Boyer and Les Estes. Bill Kalar, Marsha Bowman and Joyce Thompson of the Office of Land and Resource Management were present, as were David J. Hauser and Barbara R. Hanson of the Otter Tail County Attorney's Office . Based on all of the information received during the comment period and on observation made by Planning Commission members, the Otter Tail County Planning Commission made Findings of Fact and a Recommendation that an Environmental Impact Statement on the Blue Heron Bay project was neither necessary nor required and that a negative declaration should be ordered. On March 25, 2003, the Otter Tail County Board of Commissioners reviewed the Findings of Fact and Recommendation of the Planning Commission. The Board heard additional comments from Jim Erickson, a representative of R. Murray Partnership, LLP; Charles Krekelberg, an attorney for the Dead Lake Association; Spencer Schram, Dead Lake Association; Robert Russell, attorney for R. Murray Partnership, LLP; Gary Reuhmann; Ernie West, Dead Lake Township; and Leona Zimmerman, Dick Sha, and Joe Maske, Otter Tail County Planning Commission. The Otter Tail County Board of Commissioners, having reviewed the Recommendation of the Planning Commission, having reviewed the documents submitted into the record, and being fully advised in the premises, makes the following Findings of Fact and Order: FINDINGS OF FACT I. An Environment Assessment Worksheet (EA W) was prepared on behalf of Otter Tail County for Blue Heron Bay pursuant to mandatory categories in Minnesota Rules 44 I 0.4300, Subpart 19A -Residential Development and Subpart 36A -Land Conversion. 0 ,, I• :., .. • •I '' '' ,:·· 0 ,· 0 • • • II. ore a:mni.ssiaEIB' Minutes Pfril 1, :m3 Attadmm B, Pa;ie 2 The EA W was filed with the Environmental Quality Board and a notice of availability was published in the EQB Monitor on February 3, 2003. A copy of the EA W was sent to all persons on the EQB distribution list and a copy was available for review in the Otter Tail County Offices. III. The 30-day EA W public review and comment period began on February 3, 2003 and ended on March 5, 2003. IV. The EA W, the comment letters received, a report from the Dead Lake Association, and the Response to Public Comments by the developer are incorporated by reference into this record of decision on the determination of the need for an Environmental Impact Statement. V. The proposed project is a mixed residential community and recreational club. Information contained in Items 1-10 in the EAW describing the Project Title, Proposer, Designated RGU, Reason for the EA W, Project Location, Description of the Project, Project Magnitude, Permits and Approvals, Land Use and Cover Types is accurate and complete. VI. R. Murray Partnership made several amendments to the proposed project to mitigate potential environmental impacts. The amendments include: a. Reducing the density of the Development to 139 units b. docking spaces will be limited to the number of units (139) c. eliminating the stormwater pond proposed in Wetland I d. adopting the no wake and buoyed channel recommendations of the Department of Natural Resources (DNR) for motor boat mitigation e. some of the docking facilities in the east bay will be limited to small boats, canoes and paddle boats f. adopting the recommendations of the DNR on the eagles' nest. 2 0 I' j' 0 ,j l, ' ' ' 0 VII. OIC Camri.ssiaErS' Minutes April 1, 2))3 Attadnalt B, Page 3 • The Otter Tail County Planning Commission and County Board of Commissioners have • reviewed the project according to the criteria set forth in Minnesota Rule Chapter 4410.1700 Subp 7. a. type, extent, and reversibility of environmental effects; b. cumulative potential effects ofrelated or anticipated future projects; c. the extent to which the environmental effects are subject to mitigation by ongoing public regulatory authority; and d. extent to which environmental effects can be anticipated and controlled as a result of other available environmental studies undertaken by public agencies or the project proposer, including other EIS's. VIII. The project, as revised, meets the maximum density requirements of the County Shoreland Management Ordinance. Cluster development minimizes the potential impacts of the project. Otter Tail County has the ability to mitigate the environmental effects through its regulatory authority. Based on the description of the project, no issues are identified that have the potential for significant environmental effects . IX The main peninsula, which is the location of the project, is particularly suitable for a cluster development. A cluster development is less likely to pose any significant environmental problems than developing individual lots, and is subject to greater control and regulation. X. That there is "additional real estate," as defined in the proposal, adjacent to the main part of the development. Although the additional real estate may support limited development, it is suitable to be part of the project. The determination as to the number of units the project can support is subject to the conditional use permit process. XI. The form of ownership and management of the property are not particular environmental issues. The development will be subject to a conditional use permit. XII. The proposed vacation of the township road poses no potential for significant environmental effects. The construction of any new road does not pose any potential for • significant environmental effects and would be subject to the conditional use permitting process. 3 I 0 . , . ' 0 . ' ' , ',. 0 • • • XIII . OIC O:mnissicrers' Mirrutes AE:ril 1, XXB Attadnmt B, Pa;ie 4 The project is in a shoreland area of a natural environment lake, and the standards for the cluster development will be subject to standards designed for a natural environment lake. XIV. The project is a large one, however, the parcel is large, suitable for development, and will be subject to the conditional use process and rules relating to cluster developments. Some variances are being requested with regard to the height of barns; the number, size and location of water oriented accessory structures; and the number of dock spaces. Approval would be necessary both through the conditional use process and the variance process. With the volume of information available, appropriate conditions can be imposed to prevent any potential significant environmental effects. XV. The Otter Tail County Shoreland Management Ordinance does have a provision indicating that subdivisions must not be approved that are designed so that variances from one or more of the standards and official controls are needed. This will have to be taken into consideration in the conditional use permit and variance processes, however, property owners have a right to request variances. Variance requests can be denied. XVI. That the parcel could potentially support approximately 73 lake lots and 14 back lots if it was not developed as a cluster development. If developed as individual lots, the parcel could have as many water-oriented accessory structures as lake lots and the potential for an unregulated number of docks. XVII. The proposed commercial uses are subject to conditional use permits and do not create the potential for significant environmental effects. XVIII. Based on the substantial benefits of the proposed wastewater system, no issues are identified that would result the potential for significant environmental effects. Further, ongoing regulatory authority of the MPCA and the County mitigates the impacts from the wastewater system. Based on the description of the project, no issues are identified that have the potential for significant environmental effects. XIX Any wells on the property are subject to the regulation of the Minnesota Department of Health and do not pose a potential for significant environmental effects. 4 0 . ' .. 0 r ,I• ,. • I 0 • • • xx . OIC O::mni.ssiaErS' Minutes Ap:il 1, a:x:>3 Attadna1t B, Page 5 The project is located near the Dead Lake Wildlife Management Area and Moorhead State University's 80-acre research facility. This location may be considered as part of the permitting process, and does not create a potential for significant environmental impact. XXI. Dead Lake has significant shallow areas with muddy bottoms and emergent vegetation, including areas off shore to the project. A cluster development has less potential for environmental effects than single lot development. The impact on the lake can be mitigated by limiting the number, location and type of docking facilities. Based on the Shoreland Management Ordinance, up to 102 boat slips could be authorized if the "additional real estate" is not included in the calculation; 116 if the "additional real estate" is included. XXII. Implementing the boating recommendations of the DNR will prevent any significant adverse effects that could result from the proposed development. Otter Tail County and the DNR have the ability to mitigate the environmental effects of boating through their ongoing regulatory authority. Based on the description of the project, no issues are identified that have the potential for significant environmental effects. XXIII . As with any development, there will be some displacement of wildlife, however, the project includes open space and there are large acreages of protected lands nearby. There are nesting sites in the location of the development, the impact of which can be limited by the timing of construction. The developer has agreed to follow DNR recommendations regarding a bald eagle nest. XXIV. The proposed wetland impacts are primarily for roads accessing the site and are determined to be unavoidable. Wetland impacts are very minor and will be mitigated through the Minnesota Wetland Conservation Act (WCA) process. The project encompasses the avoidance, minimization and replaceinent sequencing as required by WCA. Based on the description of the project, no issues are identified that have the potential for significant environmental effects. XXV. Implementing the recommendations of the DNR, adherence to the MPCA stormwater permit and practices proposed at Blue Heron Bay will prevent any significant adverse impacts that will result from the proposed development. Otter Tail County, MPCA and the DNR have the ability to mitigate the environmental effects of erosion and sedimentation through their ongoing regulatory authority. Based on the description of the project, no issues are identified that have the potential for significant environmental effects. 5 ' ' 0 J 0 0 • • • XXVI. ore ctmni.ssi=' Minutes . Ap:'il 1, 20)3 Attadnmt B, Pa;ie 6 The impact of stormwater from construction activities is very minor because sediment control practices will be applied; storm water runoff from building sites will be contained onsite and there will be no discharge of stormwater from construction activities to the lake. Blue Heron Bay will be a phosphorus free community. Based on the description of the project, no issues are identified that have the potential for significant environmental effects. XXVII. The project does not involve the dredging of marinas, and any dredging would have to be the subject of permitting from the Department of Natural Resources. XXVIII. Erosion control during construction will be addressed as part of the conditional use and site permit process. The development of this land does not give rise to potential for significant environmental impacts relating to fertilizer or chemicals. The project as designed would have less impact than individual lots, and would have minor impact compared with the total watershed of the lake. Based on the description of the project, no issues are identified that have the potential for significant environmental effects. XXIX . The soils in the area are known and identified in the county soil survey. Also, any sewage system would be subject to percolation testing and MPCA and County permitting. Based on the soil properties of the site, no issues are identified that would result the potential for significant environmental effects. XXX. Burned debris on the property is subject to proper disposal pursuant to solid waste regulation, as will be all the other solid waste generated within the development. Fuel and other hazardous materials are subject to proper storage regulations, and do not cause a potential for significant environmental effect. XXXI. There is no potential for significant environmental impacts from traffic generated by the proposed development. XXXII. Visual impacts on the lake do not create any potential for significant environmental effects and are subject to the conditional use permit process . 6 • 0 0 0 ·• ... • • • XXXIII . OIC O:mnissiaErS' Mirrutes Afril l, AXl3 Attadnmt B, Pa;ie 7 The impact on infrastructure and public services does not create any significant environmental concerns. XXXIV. There is no evidence that archeological properties are present that would be diminished by the proposed project. The state archaeologist has been notified of potential sites within the development. Any others found would have to be reported. Based on the description of the project, no issues are identified that have the potential for significant environmental effects. XXXV. The county has sufficient information to make environmentally sound permitting decisions regarding the project. XXXVI. The project does not have potential for significant environmental effects, any potential environmental effects can be addressed by the permitting process. CONCLUSIONS I. Otter Tail County has fulfilled the procedural requirements of law and rule applicable to the need for an Environmental Impact Statement for the proposed Blue Heron Bay project. 2. There are no elements of the project that pose the potential for significant environmental effects. 3. There are adequate and appropriate state and local regulations governing the activities of this project that will limit and control environmental effects. ORDER NOW, THEREFORE, IT IS HEREBY ORDERED that a negative declaration is hereby made, no Environmental Impact Statement is required. Dated: /~I I I Zoo.3 A~EST:" Lan$ohn, Clerk 7 • 0 0 ,, 0