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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 11/01/2005MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, Commissioners' Room 500 Fir Avenue W., Fergus Falls, MN Tuesday, November 1, 2005 9:30 a.m. Call to Order The Otter Tail County Board of Commissioners convened Tuesday, November 1, 2005, at 9:30 a.m., at the Otter Tail County Government Services Center with Commissioners, Bob Block, Chair; Roger Froemming, Vice-Chair; Dennis Mosher, Syd Nelson, and Malcolm Lee present. Approval of Agenda Motion by Froemming, second by Mosher, and unanimously carried to approve the County Board agenda of November 1, 2005, with the following addition: 10:40 a.m. -Ditch No. 63 Approval of Minutes Motion by Nelson, second by Lee, and unanimously carried to approve the County Board minutes of October 25, 2005, as mailed. Approval to Pay Bills Motion by Mosher, second by Lee, and unanimously carried to approve payment of the County Board bills per Attachment A of these minutes. Scoping Discussion for Blue Heron Bay Development Land & Resource Director, Bill Kalar, provided copies of a Draft Scoping Decision for the Blue Heron Bay Project and also, copies of the comments that have been submitted during the public comment period. County Attorney, David Hauser, stated that the Court directed that the County look at each item on the Environmental Assessment Worksheet (EAW) to determine if there is more information needed. The draft scoping decision follows the EAW worksheet. The County Board will review these documents and next week, the Board may decide what changes need to be made. Discussion took place regarding the timing of hiring a consultant and it was felt that the timeline for completing the Scoping Decision would not allow for hiring a consultant before November 1 ih when the Scoping Decision must be completed. Mr. Hauser reviewed some items in the Draft Scoping Decision document dated 11-1-05. He referred to the following items where a recommendation for more information is contained: #6. Description -should look at entire 257 acres and alternate building projects #8 Permits and approvals required -needs updating #9 Land use -this is related to what the land was used for, which apparently, was a farm, and could be related to the nitrate levels. This is one area the Court stated needs to be included in the EIS #11 Fish, wildlife and ecologically sensitive resources -this relates to boat traffic and also, additional information was requested in the comments by both the DNR and the Dead Lake Association, so may need more information in this area. OTC Board of Commissioners' Minutes November 1, 2005 Page 2 #15 Water surface use -this is an area the Court has determined that we need additional information #17 Water quality: surface water runoff -this relates to nitrate levels #18 Water quality: wastewaters -the Court specifically directed the County to obtain more information in this area #19 Geologic hazards and soil conditions -relates to nitrates #21 Traffic -the Dead Lake Town Board requested some information on how this would affect 370th Street and Murray Road #25 Nearby resources -additional archaeological studies that need to be done #31 Summary of issues -this is a repeat of all the items that the EIS shall include Attorney for the Developer, Peder Larson, provided a proposed timeline schedule for the Environmental Impact Statement (EIS). One timeline is the scoping schedule and the other is the decision-making schedule for the EIS preparation. Mr. Larson spoke in favor of hiring a consultant. He referred to the DNR letter and will proceed with gathering data requested by the DNR. He spoke in favor of the scoping process that has been outlined. He suggested that a draft EIS be completed by the middle of January, which would need to be published in the EQB Monitor with the proposed publication date of January 30, 2006. Then there is a public comment period on the draft EIS, with a revision prepared and the final EIS published in April of 2006. Don Fondrick, from the Dead Lake Association, spoke in favor of the County hiring a consultant and delaying the scoping decision for thirty days. He expressed his opinion that the Dead Lake Association's consultant, the developer's consultant, and the County's consultant could then work on this project together to come to a consensus. Mr. Kalar advised the County Board that, from past experience, the County has learned that the rules only have flexibility if all parties agree to a delay. If the decision to delay is challenged in Court, the rules (timelines, etc.) do not have flexibility. Mr. Hauser asked that all parties involved review the draft Scoping Document. This item was placed on the November 8, 2005, County Board agenda. Shoreland Ordinance Rules Revision Mr. Kalar stated that last Thursday night was the final committee meeting of the large Shoreland Rules Revision Committee. He provided copies of on outline completed based on comments from these meetings. Included in the packet as well, was a copy of a newsletter from the Association of Minnesota Counties that contains possible shoreland management ordinance changes on the state level and also general land use planning information. He stated that the inpuUcomment gathering is basically completed. Mr. Kalar stated that the County Board needs to make a decision as to whether or not the County wants to change the SMO. Potential changes to the SMO will be discussed at the November 15, 2005, County Board meeting. Conditional Use Permit Extension Motion by Lee, second by Froemming, and unanimously carried to approve an extension request for Joshua and Francesca Bakken (Conditional Use Permit #6228) until November 30, 2005, for a driveway project in Section 30 of Edna Township; Big McDonald Lake (56-386). Recess & Reconvene OTC Board of Commissioners' Minutes November 1, 2005 Page 3 At 10:33 a.m., Chairman Block 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. County Ditch No. 63 Ditch Inspector, Randy Wasvick, referred to Ditch No. 63 on CR 118, which needs repair because of some tile that has blown out in several locations. At the meeting on October 18th, the cost estimate was approximately $8,000 -$10,000. Now, the estimate for materials alone will be $8,000 -$10,000. Mr. Wasvick slated that the contractor (Corbin Pickar) estimates $15,000 unless he runs into problems. Then it would cost more. Discussion followed regarding the issues with the whole Ditch System. Discussion -Residential Ordinance within the Shoreland Area Planning Commission Member, Joe Maske, provided language from the City of Pelican Rapids that addresses the storage of inoperable vehicles. He suggested that the same type of language be adopted by the County for residential lots in the shoreland area. Chairman Block requested that this be considered along with the proposed changes in the Otter Tail County Shoreland Management Ordinance. Mr. Maske stated that, in his opinion, County Highway maintenance projects, such as riprap work or replacing a culvert should go through the Land & Resource Office and not be required to go through the Planning Commission process. Discussion followed. Mr. Hauser explained that to exempt County Highway projects, in certain circumstances, from the requirements of the Shoreland Management Ordinance, would require a change in the language of the SMO. Resolution for Acreage Modification in the Fergus Falls JOBZ Subzone Otter Tail County Resolution No. 2005 -68 Commissioner Mosher offered the following and moved its adoption: WHEREAS, the Otter Tail County Board of Commissioners, on September 9, 2003, passed a resolution approving certain County parcels to be included in a regional application for a Job Opportunity Building Zone; and WHEREAS, the City of Fergus Falls was a participant in the regional Job Opportunity Building Zone application done by the West Central Initiative Fund; and WHEREAS, the regional application submitted by the West Central Initiative Fund was approved by the Department of Employment and Economic Development; and WHEREAS, the City of Fergus Falls wishes to modify the acreage in their Job Opportunity Building Subzone. BE IT RESOLVED, the Otter Tail County Board of Commissioners upon careful consideration and review hereby approve the modifications as identified in the following table: OTC Board of Commissioners' Minutes November 1, 2005 Page 4 Owner/Develooer Ferqus Falls: Midwest Regional Development Merwin Adams Merwin Adams Aasness/Biorqum Aasness/Biorqum Aasness/Bjorqum DFA DFA DFA DFA Jason Hintermeister Ferqus Falls Port Authority Ferqus Falls Port Authority City of Ferqus Falls Burlington Northern Railroad State of Minnesota Thiele Technologies Daniel Larson Ferqus Falls Port Authority Fergus Falls Port Authority (UPS) Fergus Falls Port Authority Fergus Falls Port Authority Fergus Falls Port Authority Fernus Falls Port Authority Fernus Falls Port Authority TNT Properties LTD Robert Bunkowski Mark Thorson Mark Thorson Mark Thorson Thomas C. Graham and Henry A. Harms Robert W. & Helen D. Johnson ShoreMaster, Inc. lnnova Properties T &R Properties T & R Properties Parcel Number Acreage Modification 71003500195007 27.59 71003500195904 3.45 71003500202005 40.35 71003500195050 2.81 71003991519000 .46 71003500195039 2.47 71003500003000 2.7 71003500004002 2.03 71003500002000 1.96 71003500004004 22.44 71003500006000 7.17 71003990853901 .46 71003500004006 2.38 71003500004005 6.61 71001500048000 .99 71003500007000 77.17 71003991430006 1.38 71003991430901 1.20 71003991430005 1.33 71003991430004 1.32 71003991550000 5.88 71003500007008 1.01 71003991558000 5.13 71003991559000 5.36 71003991560000 7.52 71003991551000 10.38 26000320196000 79.40 06000010004003 18.50 06000010008000 63.28 Reduced by 4.14 acres 06000010009000 38.61 71003991532000 1.03 71003991430002 1.32 71003991433000 6.42 71003991431001 3.29 71003991554000 4.14 Parcel added 71003991555000 .52 Part of parcel added OTC Board of Commissioners' Minutes November 1, 2005 Page 5 Commissioner Froemming seconded the motion and upon being put to a vote, the above resolution was adopted as follows: Yes: 5 No: 0 Absent: 0 OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: II I 68 / D5' --~1,-......,'-+-1 ----- Attest ~ a Larry Kroh, Clerk Robert Block, Board of Commissioners Chair Application for Exempt Permit Motion by Nelson, second by Mosher, and unanimously carried to approve the Make-A-Wish Foundation of Minnesota's LG220 Application for Exempt Permit for an event scheduled for July 22, 2006, at The Cactus located at 43521 Fort Thunder Road in Perham Township. Sale of Tax Forfeited Property Motion by Nelson, second by Lee, and unanimously carried to set the opening bid price at $8,800 and to establish 9:00 a.m. on Friday, December 9, 2005, for the private sale of the following described parcel of tax forfeited property: Parcel 40-000-99-0382-000 Southside Addition to New York Mills West 75' of the Southerly 144' of Lot C Block 1 Approval to Issue a County Credit Card Motion by Mosher, second by Lee, and unanimously carried to authorize the following employee to be issued an Otter Tail County Credit Card with Express One Master Card: Scott Wagner Sheriff's Department $1,000.00 Highway Department Contract Approval Motion by Lee, second by Mosher, and unanimously carried to authorize the Chairman's signature to execute a Contract between the County of Otter Tail and Structural Specialties, Inc. of Hutchinson, MN, for S.P. 56-599-53, Aurdal Township Bridge No. 56535 replacement. Tuition Assistance Agreement Motion by Lee, second by Froemming, and unanimously carried to approve Tuition Assistance Agreements in the Highway Department as follows: Wade J. Bugbee Bituminous Plant I Course Ryan D. Anderson Bituminous Street I & Grading & Base 11 Courses Performance Evaluation Summary Motion by Nelson, second by Lee, and unanimously carried to approve the Performance Evaluation Summary for Public Health Director, Diane Thorson, as presented and to direct that the summary is placed in her personnel file. OTC Board of Commissioners' Minutes November 1, 2005 Page 6 Reclassifications Approved Motion by Lee, second by Mosher, and unanimously carried to approve the following reclassifications as recommended by the consultant, Government Management Group: Secretary/Receptionist (Job #1306) Coordinator's Office from Grade 7 to Grade 10 Land Title Specialist (Job #2203) Recorder's Office from Grade 10 to Grade 14 Adm. Deputy I, Vital Statistics (Job #2204) Recorder's Office from Grade 9 to Grade 11 Adm. Deputy II, UCC/CNS (Job #2205) Recorder's Office from Grade 10 to Grade 12 AMC Annual Meeting Motion by Mosher, second by Lee, and unanimously carried to approve Commissioner Roger Froemming as the MCIT Board of Directors' Delegate for the annual Association of Minnesota Counties meeting in December of 2005, with Commissioner Syd Nelson serving as the Alternate Delegate. Adjournment At 11 :40 a.m., a motion was offered by Froemming, seconded by Mosher, and unanimously carried, to declare the meeting of the Otter Tail County Board of Commissioners adjourned until Tuesday, November 8, 2005. Dated: /I lo& /o5 __ ,_,_,,~-,/~~---OTTER TAIL COUNTY BOARD OF COMMISSIONERS By: f\LJ ~ Robert Block, County Board Chair CB/kd OTC Warrants November 1, 2005 Attachment A, Page 1 11/01/2005 12,18,54 OTTER TAIL COUNTY AUDITOR PANELSON RECEIPTS AND DISBURSEMENTS SYSTEM WARRANTS FOR PUBLICATION IFD66 COUNTY 56 PAGE 1 WARRANTS APPROVED ON 11/01/2005 FOR PAYMENT 11/01/2005 VENDOR NAME A-1 LOCK AND KEY A'VIANDS LLC AMERICAN INSTITUTIONAL SUPPLY ASSOCIATION OF MN COUNTIES BATTLE LAKE MARINE INC BEXAR CO FORENSIC SCIENCE CENT BEYER BODY SHOP INC BOB'S STANDARD BULK SERVICE BRETZ HARDWARE CLAY CO TREASURER COMSTOCK CONSTRUCTION INC COOK SIGN CO COOPERS TECHNOLOGY GROUP CULLIGAN WATER CONDITIONING DAKOTA WOOD GRINDING INC DENZEL'S REGION WASTE INC DEX MEDIA EAST ROBERT DIEDERICH EARL F ANDERSEN INC EXPENSE RECOVERY SERVICES FARGO FREIGHTLINER FERGUS ELECTRIC FERGUS FALLS NEWSPAPERS INC FERRELLGAS BILL FOLGER GODFATHERS EXTERMINATING INC GREAT PLAINS CLAIMS HALL GMC INC HERITAGE BUILDING SPECIALTIES HOLIDAY INN WILLMAR HOMESTEAD BUILDING SUPPLIES INNOVATIVE OFFICE SOLUTIONS LL INSIGHT PUBLIC SECTOR INTERSTATE INC INTOXIMETERS INC JOHN E REID AND ASSOCIATES INC KELLY SERVICES INC ANDREW KLINNERT LAKE REGION ELECTRIC CO OP LAKES COUNTRY SERVICE CO OP LARRY OTT INC TRUCK SERVICE LIGHT RETURNS RECYCLING MARTINS PAINTING & MORE MIDWESTERN MAT RENTAL & SUPPLY MINN KOTA COMMUNICATIONS INC MN MOTOR COMPANY MN STATE AUDITOR MOORE MEDICAL CORP NANIK'S ELECTRIC AMOUNT 44.73 3,639.41 235.20 105.00 175.81 640.00 100.00 188.18 18.73 574.69 4,194,00 3,084.00 246.74 10.65 7,906.25 1,998.13 19.40 42.98 1,058.62 3,405.36 180.00 232.96 144.00 93.18 109.62 119.28 1,000.00 103.57 40.00 152.32 25.54 2,192.54 153.89 580.09 2,496.36 790.00 1,157.30 172. 60 15.00 542.40 1,330.00 212 .13 1,385.00 22.37 BB.SO 72. so 10,678.00 166.06 681.20 11/01/2005 12:18:54 OTTER TAIL COUNTY AUDITOR PANELSON RECEIPTS AND DISBURSEMENTS SYSTEM WARRANTS FOR PUBLICATION COUNTY 56 OTC Warrants November 1, 2005 Attachment A, Page 2 IFD66 PAGE 2 WARRANTS APPROVED ON 11/01/2005 FOR PAYMENT 11/01/2005 VENDOR NAME NELSON FORD LINCOLN MERCURY IN NOVA FIRE PROTECTION OFFICE DEPOT OTIS ELEVATOR CO OTTER TAIL CO TREASURER ANN PACKER-SMITH PAMIDA INC 008 PELICAN RAPIDS PRESS PERHAM CO OP CREAMERY PHELPS FAMILY FORD PMR 2000 POLK CITY DIRECTORIES HENRY PRICE PRINT I\UDIT INC PRODUCTIVE ALTERNATIVES INC PUBLIC SAFETY CENTER INC RAY'S OIL COMPANY VICKI SCHWANKE SHERBROOKE TURF INC SHOOTING SPORTS OUTLET GREGORY SMITH MD STADUM PLUMBING & GRAVEL LLP STEINS INC SUPERIOR JETTING INC THERMAL TECHNOLOGIES INC THYSSEN KRUPP ELEVATOR CORPORA TIRES PLUS TRI STAR RECYCLING ULTEIG ENGINEERS UNIFORMED SERVICES ALMANAC INC VICTOR LUNDEEN COMPANY VOSS LIGHTING WALTERS PHOTOGRAPHY ZIEGLER INC 4 M'S COMMUNICATIONS COMPANY FINAL TOTAL ...... . AMOUNT 1,081.71 400.00 148.29 180.96 68.80 687.50 24.69 108.15 730.85 59.76 134. 53 258.80 208.00 293.26 503.87 319.44 14 3. 6 B 43.65 511. 97 69.95 694.85 1,849.37 1,821.91 1,057.50 1,347.00 607.60 33.73 4,230.20 85,042.61 119.80 35.63 50.57 37.24 8,435.84 201.15