HomeMy WebLinkAboutBoard of Commissioners - Minutes - 11/22/2005MINUTES OF THE
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Government Services Center, Commissioners' Room
500 Fir Avenue W., Fergus Falls, MN
Tuesday, November 22, 2005
9:30 a.m.
Call to Order
The Otter Tail County Human Services Board convened Tuesday, November 22, 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 Nelson, and unanimously carried to approve the Human
Services Board agenda of November 22, 2005, as mailed.
Approval of Minutes
Motion by Froemming, second by Mosher, and unanimously carried to approve the Human
Services Board minutes of November 8, 2005, as mailed.
Court Services Department
Court Services Director, Chuck Kitzman, submitted the new Fee Schedule for probation
supervision fees. He briefed the County Board regarding pre-trial evaluations.
Public Health Department
Motion by Lee, second by Mosher, and unanimously carried to authorize the Chairman's
signature to execute a Grant Contract between the State of Minnesota and the County of
Otter Tail for the Child and Teen Checkup Outreach Program for children on Medical
Assistance and Minnesota Care. The grant contract amount is $132,825.00.
Motion by Nelson, second by Froemming, and unanimously carried to approve the Public
Health Director's signature to execute an agreement between Noridian Insurance Company
and the County of Otter Tail which will allow the County to bill the insurance company, based
out of Fargo, for services provided to eligible Minnesota consumers.
Catholic Charities -Intensive Treatment Unit
John Krueger, from Catholic Charities, briefed the County Board on their Intensive Treatment
Program for children. He stated that a 3% increase in the County contract rate for CY2006 is
being requested primarily because of increased work processing insurance claims for clients
and increased health insurance premiums for employees. He showed blueprints of a new
building, where services will be provided for this program, to be built on the north side of
Fergus Falls off of the Regional Treatment Center campus. Motion by Nelson, second by
Lee, and unanimously carried to approve the Chairman's signature to execute a Host County
Contract between the County of Otter Tail Department of Human Services and Catholic
Charities -Intensive Treatment Unit for Children's Mental Health for the period of January 1,
2006 to December 31, 2006. The 2006 unit cost is $319.47 per day.
OTC Board of Commissioners' Minutes
November 22, 2005
Page 2
Human Services Contract Renewals and Amendments
Motion by Lee, second by Froemming, and unanimously carried to authorize the Chairman's
signature to execute the following Human Services Contracts:
Productive Chemical Dependency $295.00 per day October 1, 2005
Alternative, Inc. Detoxification Program through December
31,2007
Fergus Falls Chemical Dependency $320.00 per day January 1, 2006
Regional Treatment Treatment Services through December
Center 31, 2006
Otter Tail County Title IV-E Substitute Care January 1, 2006
Court Services Supervision through December
31,2006
Motion by Nelson, second by Lee, and unanimously carried to authorize the Chairman's
signature to execute an Amendment to the current Contract between the County of Otter Tail
Department of Human Services and Lakeland Mental Health Center, Inc. and Fergus Falls
Area Special Education Cooperative #935 for the period of July 1, 2005 through June 30,
2006. The amendment provides clarification regarding third party billing for this day
treatment program.
Motion by Block, second by Mosher, and unanimously carried to authorize the Chairman's
signature to execute an Amendment to the current Contract between the County of Otter Tail
and Nutrition Services Inc. of Waseca, MN for home delivered meals to the elderly. The
amendment clarifies the current per meal rate of $4.21, which will be increasing to $5.94,
effective October 1, 2005 through December 31, 2005.
Motion by Nelson, second by Froemming, and unanimously carried to authorize the
Chairman's signature to execute Amendments for the following current Provider Contracts,
which increases the reimbursement rates by 2.2553% effective October 1, 2005:
Assisted Living Program Services
Lutheran Social Services -Mill Pond and River Bend
Developmental Disabilities Waivered Services (Rule 421
Lutheran Social Services -Waivered Services
MFIP/CCSA Biennial Service Plan Certification
Motion by Nelson, second by Mosher, and unanimously carried to approve the Biennial
Service Agreement for Calendar Years 2006 and 2007, as submitted by the Human Services
Director, under the provisions of Minnesota Statutes 256M (Children and Community
Services Act) and 256J (Minnesota Family Investment Program).
Bills & Claims
Motion by Lee, second by Mosher, and unanimously carried to approve the Human Services
bills & claims as presented.
Adjournment
OTC Board of Commissioners' Minutes
November 22, 2005
Page 3
At 10:24 a.m., Chairman Block declared the meeting of the Otter Tail County Human
Services Board adjourned until 9:30 a.m. on Tuesday, December 13, 2005.
Dated : _ __..,1.ajll-L1 ,.:>.3-1-/"'D~S:L_ __ _ OTTER TAIL COUNTY HUMAN SERVICES BOARD
Attest: ~~ ·¢ Larry Krhn, lerk
By: ~)
.i-.,... , Robert Block, Human Services Board Chair
Call to Order
The Otter Tail County Board of Commissioners convened Tuesday, November 22, 2005, at
11 :00 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 Mosher, second by Nelson, and unanimously carried to approve the County Board
agenda of November 22, 2005, as mailed.
Approval of Minutes
Motion by Nelson, second by Lee, and unanimously carried to approve the County Board
minutes of November 15, 2005, as mailed.
Approval to Pay Bills
Motion by Lee, second by Nelson, and unanimously carried to approve payment of the
County Board bills per Attachment A of these minutes.
The Preserve at Echo Bay
Land & Resource Director, Bill Kalar, submitted an EIS needs determination timeline for The
Preserve at Echo Bay. The Notice of the County Board's November 29, 2005, EIS Needs
Decision, must be issued by December 6, 2005.
Otter Country Trail Association
Otter Tail County Resolution No. 2005 -71
Commissioner Nelson offered the following and moved its adoption:
WHEREAS, Otter Tail County has sponsored Grant-In-Aid Systems in the past; and
WHEREAS, acceptance of the Grant-In-Aid 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 Otter Country Trail Association and proposed extensions
of Grant-In-Aid Trails with the aforementioned condition.
OTC Board of Commissioners' Minutes
November 22, 2005
Page4
Commissioner Lee seconded the resolution and, upon being put to vote, was unanimously
adopted.
Adopted this 22nd day of November, 2005.
Da~ed: II /<?t/o5: :. ·---'·,.;, _ -)~;f(~:r;A~Y BOA~OMMISSIONERS
I ~ Robert Block, Board of Commissioners Chair
Attest: /4µ1
Larry Kr hn,lerk
Planning Commission Recommendations
Conditional Use Permit-Marv Lee Leqried:
Motion by Nelson, second by Mosher, and unanimously carried to approve a Conditional Use
Permit to build a driveway as presented. The property is described as NW¼ of SW¼,
Section 5 of Newton Township; Windy Lake (56-54).
Conditional Use Permit Eugene & Tammy Ernst:
Motion by Lee, second by Mosher, and unanimously carried to deny a Conditional Use
Permit, as recommended by the Planning Commission, to construct a concrete retaining wall
for reasons as stated in the November 16, 2005, Planning Commission minutes. The
property is described as San-Dee Cove Beach, Ex E 15' all of Lot 38 & ex tri tr in NW cor
44.38' on lk all of Lot 39, Section 23 of Lida Township; Lake Lida (56-747).
Conditional Use Permit -Jay Turner:
Motion by Lee, second by Mosher, and unanimously carried to approve a Conditional Use
Permit to allow a previously installed natural boulder wall to remain in place as presented.
The property is described as Pt of GL 3 ... , Section 3 of Dunn Township; Pelican Lake
(56-786).
Conditional Use Permit Barky's Resort:
Motion by Froemming, second by Lee, and unanimously carried to approve a Conditional Use
Permit to replace some mobile homes with duplexes as presented. The property is described
as Pts GL's 2 & 3 (AKA Parcel J) & Pt GL 3 (AKA Parcel F), Section 32 in Amor Township;
Otter Tail Lake (56-242).
Conditional Use Permit -Kimp's Kamp:
Motion by Nelson, second by Mosher, and unanimously carried to approve a Conditional Use
Permit to complete some remodeling as presented. The property is described as 7.80 AC
strip adjacent to Lots 1 to 13 Blk 1 & Lots 1, 2 & 3, Blk 2 Yaquina Bay, Section 8 of Dead
Lake Township; Dead Lake (56-383).
Drug and Alcohol Testing Program
Motion by Froemming, second by Mosher, and unanimously carried to authorize the
Chairman's signature to execute an agreement between the Minnesota Counties Insurance
Trust and Otter Tail County to provide drug and alcohol testing for employees with
Commercial Drivers Licenses.
OTC Board of Commissioners' Minutes
November 22, 2005
Page 5
Court Administration Space Needs
Court Administrator, Kathy Ouren, opened discussion regarding a list of space needs and
priorities for the Court Administration office. Physical Plant Manager, Rick Sytsma, stated
that some items on the list of needs have been corrected or have a short-term solution. He
stated that today, a proposal will be submitted which is intended to be an interim solution
involving some light remodeling and re-organization with the use of office panels that allows
the Court Administrator's office to stay where they are while the County continues to research
solutions with overall law enforcement space needs including the Detention Facility.
Architect, David Shultz, showed the Board a map of the proposed interim office cubicle
layout, briefed the Board on the proposed changes, and provided a total estimated project
cost of $144,934.00.
Commissioner Lee was absent at 11 :40 a.m.
Motion by Nelson, second by Mosher, to approve the interim remodeling plan as presented
for the Court Administrator's office at an approximate cost of $144,934.00 to be paid out of
the Facilities Operations Capital Improvement Budget. Discussion took place regarding
space needs for the jury assembly room. It was suggested that space on the second floor of
the Courthouse could be utilized. Chairman Block called for the vote. Motion carried
unanimously.
Recess & Reconvene
At 12:01 p.m., Chairman Block declared the meeting of the Otter Tail County Board of
Commissioners recessed for lunch break. The meeting was reconvened at 1 :03 p.m. with
Chairman Block, Vice Chair Froemming, Commissioner Mosher and Nelson present.
Temporary Pumping System -Johnson Lake
Motion by Mosher, second by Nelson, and unanimously carried to lease the Temporary
Pumping System from Feldt Plumbing LP, in the amount of $98,800.00, for the proposed
Johnson Lake Project (CP 5:12 Outlet).
Proposed Bridge #56536 Replacement -CSAH 83
Motion by Froemming, second by Mosher, and unanimously carried to authorize the Highway
Engineer's signature to execute an agreement (FA-05-05696) between the Otter Tail County
Highway Department and Braun lntertec for soil borings and a geotechnical evaluation for
proposed Bridge #56536 Replacement on CSAH No. 83 over the Otter Tail River in Everts
Township. The estimated cost is $4,790.00.
Maintenance Worker Position
Motion by Nelson, second by Froemming, and unanimously carried to approve replacement
of a Maintenance Worker position due to a retirement.
Ditch Cleaning -Highway 25
Motion by Mosher, second by Froemming, and unanimously carried to approve an
Application for Cleaning County Road Ditch, submitted by LeRoy Fronning, for cleaning along
County Highway No. 25.
OTC Board of Commissioners' Minutes
November 22, 2005
Page 6
Transportation Enhancement Funds Application
Motion by Froemming, second by Nelson, and unanimously carried to authorize the Highway
Engineer to proceed with submitting an application for federal highway funding for the Phelps
Mill Bridge.
Tobacco License Applications
Motion by Froemming, second by Nelson, and unanimously carried to approve the following
applications for tobacco license:
American Legion Post No. 489 Tobacco
Underwood, MN.
Carr Enterprises, Inc.
Ottertail, MN
Nansen, Inc.
Ottertail, MN
Thumper Pond Inc.
Ottertail, MN
Tobacco
Tobacco
Tobacco
Land Surveyor's Certificate of Correction to Plat
Motion by Froemming, second by Mosher, and unanimously carried to approve the Land
Surveyor's Certificate of Correction to Plat for the Plat named Inman Township Cemetery, as
submitted by the County Auditor.
Ditch Payments
Motion by Nelson, second by Mosher, and unanimously carried to approve the following ditch
payments:
John Thorson
Richard Wilken
Beaver Trapping
Beaver Trapping
$200.00
$250.00
County Ditch No. 12
County Ditch No. 4
Non-Union Salary Increase Effective for December Payroll
Motion by Mosher, second by Nelson, and unanimously carried to waive Part C of the Post
Employment Health Plan, Section 10.05 of the Personnel Rules and 4.10 of the Personnel
Rules for the implementation of the 3.1 % non-union salary increase approved in the Otter Tail
County Board of Commissioners' minutes dated Tuesday, November 15, 2005.
Additional Information for EIS Determination for The Preserve at Echo Bay
Mr. Kalar stated that on November 8, 2005, a recommendation from the Planning
Commission for a positive declaration for an Environmental Impact Statement (EIS) for the
proposed project entitled the Preserve at Echo Bay was presented to the County Board. The
County Board postponed the decision for thirty (30) days for additional information. The
proposers/developers will provide additional information at this meeting. Next Tuesday,
November 29, 2005, at 1 :30 p.m. a hearing is scheduled and the County Board will make a
final decision regarding the need for an EIS for this project.
Homeland Developers, Dan Passoult and Jim Morken submitted a booklet with information
addressing Topics A through J, which relate to the ten items the Planning Commission
previously identified as needing additional information. They also presented several maps of
the proposed development and the bay area where docking is proposed.
OTC Board of Commissioners' Minutes
November 22, 2005
Page 7
Topic A -comparison of cluster vs. standard lot & block development to illustrate an
alternative development proposal
Topic B -permits are in the EAW on page 5 & 6 and shows the status of permits
Topic C -addresses issues of cover changes, golf course plans, water runoff, and ecological
effect of the golf course. Mr. Morken stated that even if you take the proposed golf course
out of the calculations for open space, there is still 77% open space. He stated that under
the tightly defined developed area, there are 23.64 acres of total developed area out of the
entire 172 acres. He spoke of true open space being significantly more than the original
submission and stated that this is a low impact project with only 18.64 acres of change in
cover and forestation. The developers would be willing to make the golf course a private
course with artificial greens that require no chemicals. A maintenance plan for the golf
course was submitted with best management practices.
Topic D. -EAW question #11 relates to more information on fisheries and aquatic vegetation,
docking facilities, and boat traffic. The developers stated that the EAW contains 65 pages of
information in this area. Mr. Passolt referred to the pages and maps in the EAW that address
these issues. They stated that the bay is not small and shallow. On water surface use, boat
density studies and information is also included in the EAW. An estimate of 5-10 additional
boats on the lake during peak times on the weekends was determined from several different
studies. A DNR dock and floating structure pamphlet and a covenant that is being proposed
for water surface use regulations were provided for additional information. Golden Pond is a
natural environment lake and the plan is to restrict this lake to non-motorized boats. Also, the
"no wake" zone marked by buoys in the bay was discussed and presented as a proposed
covenant of the Association.
Topic E -Wetland delineations clarifies that golden pond is actually a lake -page 11,
paragraph 2. This topic also shows credentials of the West Central Environmentalist working
with this project. The developers have eliminated a boat landing on Golden Pond and also
eliminated a road segment that was called Pelican Passage -it will just be a walking trail.
Topic F -More study of other models regarding boating activity, etc. Mr. Passolt referenced
Appendix F, which is boater.l'!lodels and provided more information in the covenants that are
planned. Also, DNR proposed water surface use regulations. There are aerial shots
included and visually, the photos tell you what is going on in the lake. The black area in the
bay on the photograph is deep and there is no vegetation growing and the docks put in there
would not need to go in and out; therefore, there would be less disturbance of the bottom.
On the west end of Pelican Lake, the photographs show that it is fairly shallow in those areas
and on other pictures where there are widespread prop cutting and weed rollers taking out
aquatic vegetation.
Topic G -Timing and duration of the project -storm water issues are addressed in pages 16,
17, & 18 and maps G, J, & K of the EAW. Mr. Morken stated that his industry is tightly
regulated in regards to storm water runoff and included is also a phasing plan under Topic G
based on when approved. There are inspections while these projects are being completed.
Topic H -Maps -2nd & 3rd page of the booklet addresses EAW question #17 that talks about
storm water runoff. Calculations have been completed and the maps show the information.
OTC Board of Commissioners' Minutes
November 22, 2005
Page 8
Also, new maps showing potential shoreline use and potential buffer. The developers
questioned who would control the buffer zone. Mr. Morken showed a 30' conservation
easement and 50' conservation easement and all of Golden Pond would be buffer zone along
the shoreline. ·
Topic I -More information about necessary parking for proposed uses -Added the Fergus
Falls Zoning Ordinance for houses and commercial spaces and integrated that with the
spreadsheet done in Appendix I, Traffic Calculations Spreadsheet. Echo Bay parking greatly
exceeds the Fergus Falls Ordinance for parking. The number of 840 parking spaces would
greatly increase with additional outside parking that is available.
Topic J -Archaeological process is addressed in the EAW under question #25. The
developers Included a guideline for the archaeological process (3 phases) and an e-mail
talking about the site and summary of how you move to different phases. The State Historic
Preservation Office is available for anyone that has questions on the process.
Mr. Morken stated that, with all the measures being taken, he does not feel there is significant
potential for environmental impact.
County Attorney, David Hauser, reviewed MN Rules 4410.1700 which provides the criteria for
whether or not a project has a potential for significant environmental impacts.
The Developers stated that they would be willing to reduce the number of units requested
unless they are required to complete an EIS. On Page 31 of the EAW under Item 21, the
total units are shown as 58 homes, 34 townhouse units, 150 multifamily units and 10
apartments for a total of 252 units.
Adjournment
At 2:37 p.m., Chairman Block declared the meeting of the Otter Tail County Board of
Commissioners adjourned until Tuesday, November 29, 2005 ..
Dated: __ /,_..,/ /1-=«,._94/_,,o._"'-s:..__ __ _
Atte~ ~~ Larry Kr hn, Clerk
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
By:~~
Robert Block, County Board Chair
CB/kd
OTC Warrants
November 22, 2005
Attachment_JI., Page 1
ll/22/2005 12,02,56
O'ITER TAIL COUNTY AUDITOR PANELSON RECEIPTS AND DISBURSEMENTS SYSTEM WARRANTS FOR PUBLICATIOH
IFD66 COUNTY 56
PAGE 1
WARRANTS APPROVED ON 11/22/2005 FOR PAYMENT 11/22/2005
VENDOR NAME
A-1 LOCK AND KEY A'VIANDS LLC
ALL CREATURES VBT HOSPITAL AMEM
GARY ANDERSON
ARVIG COMMUNICATION SYSTEMS
BEXAR CO FORENSIC SCIENCE CENT JOHN BOHN
BOTNER EXCAVATION SERVICES LLC
BRANDON COMMUNICATIONS INC TIM BRENNAN CITY BURNSVILLE CABELA ' S INC . CITIZENS ADVOCATE CITY DIRECTORY INC COOPERS TECHNOLOGY GROUP CORPORATE TECHNOLOGIES CREATIVE FORMS & CONCEPTS INC CULLIGAN WATER COND CUTLER MAGNER COMPANY
DATABANK IMX DEX MEDIA EAST DIVERSION AUTO
ROBERT EHLERT
ENVIROTECH SERVICES INC FAITH AND FELLOWSHIP PRESS
FERGUS FALLS MEDICAL GROUP FERGUS FALLS NEWSPAPERS INC FERGUS TIRE CENTER FIRST LINE MEDICAL KATIS FOLKESTAD G & K SERVICES
GODFATHERS EXTERMINATING INC
GOODIN COMPANY
GR GRAPHICS INC ST LOUIS GRA!NGER INC MARK HABERER HENRY'S FOODS INC HOLLY HIEDEMAN HIGH PLAINS TEC'l-lllOLOGY HITESMAN & ASSOCIATES PA TERRY HOFF
SHELDON HOLM
SANDY HOLO
MARK HOVLAND
INNOVATIVE OFFICE SOLUTIONS LL KELLY SERVICES INC LARRY KROHN L & L SERVICE
AMOUNT
7.93 2,605.64 37.22 86.89 139.73
85.19 35000
123.25
20,664.96 3,459.72
194.92 550.00
2,103.64
40.00
127.00
215.97
100.00
274.16
118.44
18,573.64 24,635.90 19.40 335.36 320.49 8,099.08 57.57 1,199.25
1,380.66
511.05
123.65 338.25 2,389.43 317.88 34.06
958.59 979.95
55.60 728. 58 2,681.00 2,777.52
140.00 42.07
270.85 255.71 194. 92
727.93
1,363.78
111.06 6.00
11/22/2005 12:02:56
OTTER TAIL COUNTY AUDITOR
PANELSON RECEIPTS AND DISBURSEMENTS SYSTEM
WARRANTS FOR PUBLICATION
WARRANTS APPROVED ON 11/22/2005 FOR PAYMENT
VENDOR NAME
LAKE REGION HEALTHCARE CORP LAKES AR.EA PEST CONTROL LLC
LEGAL DIRECTORIES PUBLISHING C MACPZA
MAIN STREET GAS & GOODS MID-CENTRAL EQUIPMENT INC
MIDRANGE PERFORMANCE CROUP INC
MINN KOTA COMMUNICATIONS INC
MN CO A'ITORNEYS ASSOCIATION
MN FALL MAINTENANCE EXPO
MN STATE AUDITOR MNCITLA CHERYL MUCHOW NELSON COURT REPORTING INC
NELSON FORD LINCOLN MERCURY IN KEVIN NEWBORG NORTH UNION TEXACO OTTER TAIL CO TREASURER OITER TAIL TELCOM
OTTERTAIL AGGREGATE
STANLEY OVERGAARD OVERHEAD DOOR COMPANY PARK REGION CO OP
PELICAN RAPIDS AMBULANCE SERVI PELICAN RAPIDS PRESS
PEPSIAMERICAS
PERHAM CO OP CREAMERY PERHAM CONOCO
PERHAM JEWELRY & REPAIR PITNEY BOWES
PUBLIC SAFETY CENTER INC RAY'S OIL COMPANY
RED RIVER STATE BANK
RELIABLE OFFICE SUPPLIES
REVIEW ENTERPRISES INC RINGDAHL AMBULANCE SERVICE
ROYAL TIRE INC SOUTH MILL SERVICE STEINS INC LOREN THORHODSON DEAN TORGRIMSON DARYL TRITES SUSAN ULSCHMID KEITH VAN DYKE VICTORY CORPS
VIKING COCA-COLA
VIKING OFFICE PRODUCTS RANDY WASVICK WEST PAYMENT CENTER
AMOUNT
250.00
159.76 40.83 25.00
38.00 558.00 450.00 179.79 415.00 25.00 641.25 95.00 113.22 45.00 240.32
377.43
38.10 20.87
106.50 408.96 647.00 852.13
2,777.26 282.00
27.00 382.50 516.60 5.00 39.94 1,462.25
78.40
636.81
75.00 60.88 66.00 659.00 1,267.72 1,425.32 2,263.33
1,203.00 2,952.18 12B.95 155.39 47.75
401.56 276.25 183.14
15.00
2,625.11
COUNTY 56
OTC Warrants
November 22, 2005
Attachment A, Page 2
IFD66
PAGE 2
11/22/2005
OTC Warrants
November 22, 2005
Attachment A, Page 3
11/22/2005 12,02,56
IFD66
COUNTY 56
OTTER TAIL COUNTY AUDITOR PANELSON RECEIPTS AND DISBURSEMENTS SYSTEM WARRANTS FOR PUBLICATION PAGE 3
WARRANTS APPROVED ON 11/22/2005 FOR PAYMENT 11/22/2005
VENDOR NAME AMOUNT ...... FINAL TOTA!, ...... . $126,399.39 ****