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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 02/14/2006MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, Commissioners' Room 500 Fir Avenue W., Fergus Falls, MN Tuesday, February 14, 2006 9:30 a.m. Call to Order The Otter Tail County Human Services Board convened Tuesday, February 14, 2006, at 9:31 a.m. at the Otter Tail County Government Services Center with Commissioners Roger Froemming, Chair; Dennis Mosher, Vice-Chair; Malcolm Lee, Syd Nelson, and Bob Block present. Aooroval of Aaenda Motion by Mosher, second by Block, and unanimously carried to approve the Human Services Board agenda of February 14, 2006, as mailed. Aooroval of Minutes Motion by Nelson, second by Lee, and unanimously carried to approve the Human Services Board minutes of January 24, 2006, as mailed. Court Services Deoartment Court Services Director, Chuck Kitzman, briefed the County Board on a recent Jail Task Force meeting as it relates to long term planning and population projections for Otter Tail County for the next 20 years. He stated that juvenile case loads are down and the long term population projections show 100% growth in the senior population and the student population growth in the single digits. Public Health Deoartment Public Health Director, Diane Thorson, updated the Board on the Pandemic Flu Conference scheduled at the Courthouse on Tuesday, March 14, 2006. She requested a Planning Session on March 7, 2006, at 1 :00 p.m. at the Government Services Center for discussion regarding the Tobacco Control Grant and the next level of work towards smoke-free environments. Bills & Claims Motion by Mosher, second by Block, and unanimously carried to approve the Human Services bills and claims as presented. Human Services Contracts Human Services Director, John Dinsmore, presented a list of Purchase of Service Agreements categorized by program area for the 2005-2006 period. Motion by Lee, second by Nelson, and unanimously carried to authorize the Chairman's signature to execute the following Purchase of Service Agreements: OTC Board of Commissioners' Minutes February 14, 2006 Page 2 I Vendor I Services Provided I Lifeline Systems, Inc. I Health related waivered services for elderly or disabled individuals REM Central Lakes, Inc. Home & community based waivered services for persons with mental retardation or related conditions I Golden Manor of Fergus Falls I Residential services/assisted living waivered services for the elderly I Love and Care of Pelican I Residential services/assisted living Rapids waivered services for the elderly I Term of Contract I 01,01,06-12/31/06 01/01/06-21/31/06 I 01,01,06 -12/31/06 I 02,01,06 -06/30/06 I Vergas Assisted Living I Residential services/assisted living [ 01/01/06-12/31/06 waivered services for the elderly I Deane Williams I Residential services/homes plus/foster care I 02/01 /06 -06/30/06 I A Place to Belong I Social activities for persons with serious I 01/01/06 -12/31/06 and persistent mental illness . Steccina Stone Proaram Bill Lopez, Executive Director of Share House, and Andi Johnson, Director of Share House, briefed the County Board on their Sister's Path Program. The Program provides a shelter with supportive chemical dependency related services for women and children. Mr. Lopez and Human Services Supervisor, Brad Vold, looked at the vacated space at the Nursing Home and it was determined that this space could not be adapted for this type of program. However, Mr. Lopez stated that the New York Mills Hotel, which is in good shape, would work very well for a facility for the Sister's Path Program and there is a waiting list for people waiting to start the program. Two letters, in support of developing a Sister's Path Program in New York Mills, written by NYM Mayor, Randy Clarksean, and Chief of Police, Brian E. Nelson, were received by the County Board. Mr. Lopez and Ms. Johnson have been at several community meetings to explain their program. Mr. Vold requested approval from the County Board to write a letter of support for the continued development of the Sister's Path Program at the New York Mills Hotel. Sherri Kawlewski spoke against moving forward with the program at this time. She stated that the meetings that were held were not advertised well and felt that the community was not in favor of the location of this proposed program. County Attorney, David Hauser, and Public Health Director, Diane Thorson, spoke in favor of the program and the supportive, safe environment that it creates for individuals in need of treatment. Commissioners requested that an additional meeting be held in New York Mills to obtain continued community interaction. Closed to the Public At 10:37 a.m., Chairman Froemming declared the meeting of the Otter Tail County Board of Commissioners closed to the public for the purpose of evaluating the performance of Human Services Director, John Dinsmore, pursuant to M.S. Chapter 13D,05 Subd. 3. All five seated commissioners were present for the evaluation. A summary of performance conclusions will be provided at the next regular County Board meeting. Adiournment At 10:55 a.m., upon conclusion of the Closed Session, Chairman Froemming declared the meeting of the Otter Tail County Human Services Board adjourned until 9:30 a.m. on Tuesday, February 28, 2006. • OTC Board of Commissioners' Minutes February 14, 2006 Page 3 Dated: :). • :AK-~ OTTER TAIL COUNTY HUMAN SERVICES BOARD Attest: Jtl~A d;AY By: ~ --;:j £~<, • , : Rog~Froemming, Human Services Board Chair Larry Krohn, Clerk Call to Order The Otter Tail County Board of Commissioners convened Tuesday, February 14, 2006, at 11 :00 a.m. at the Otter Tail County Government Services Center with Commissioners Roger Froemming, Chair; Dennis Mosher, Vice-Chair; Malcolm Lee, Syd Nelson, and Bob Block present. ADDroval of Aaenda Motion by Mosher, second by Lee, and unanimously carried to approve the County Board agenda of February 14, 2006, with the following change: Gravel Extraction Tax Agenda Item -Canceled ADDroval of Minutes Motion by Froemming, second by Nelson, and unanimously carried to approve the County Board minutes of February 7, 2006, as mailed. ADDroval to Pav Bills Motion by Lee, second by Mosher, and unanimously carried to approve payment of the County Board bills per Attachment A of these minutes. OTTER TAIL COUNTY RESOLUTION #2006 -14 Upon the motion of Nelson, seconded by Block, and passed by a unanimous vote, the County Board of Commissioners adopts the following resolution: WHEREAS, . Otter Tail County has had a Shoreland Management Ordinance since October 15, 1971; and WHEREAS, in 1989, the Minnesota Department of Natural Resources revised the statewide standards for "management of shoreland areas" which were codified in Minnesota Rules as parts 6120.2500 through 6120.3900; and WHEREAS, the Minnesota Department of Natural Resources informed Otter Tail County in a letter dated February 5, 1990, to the Chairman of the County Board, a copy of which letter is attached hereto, marked Exhibit A, and incorporated by reference, that the County had until February 5, 1992, to comply with the new rules; and WHEREAS, prior to the 1989 statewide standards for management of shoreland areas, Otter Tail County had been treated as a single zoning district within the shoreland areas; and WHEREAS, under the unique and special circumstances of Otter Tail County, the County Board determined that in order to best preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of water and related land resources, to continue the single district practice. All of OTC Board of Commissioners' Minutes February 14, 2006 Page4 Otter Tail County was, and is, essentially classified under tli~ Min~esoia R'ules!as a "high density residential district;" and WHEREAS, Otter Tail County has 1,049 lakes and 1,174 miles of river frontage. Most of the lake frontage and much of the river frontage has been developed. The development has been almost exclusively residential, with some resorts spread out across the County and some commercial development, none of which is concentrated. There are very few examples in the County of anything meeting the definition of industrial use, and these too are not concentrated in any area. There are no places outside of municipalities in Otter Tail County which would be considered concentrated urban, particularly commercial, land uses. There is no place in the County which would be an appropriate place for a general use district. There is no concentration of resorts, which would be appropriate in the County for a water-oriented commercial district. There are no "describeable" areas of Otter Tail County where no development is appropriate to be placed in a special protection district. While wetlands and bluffs can be found throughout the County, they are otherwise protected in Otter Tail County's Shoreland Management Ordinance, and are not susceptible to protection by districting; and WHEREAS, all of Otter Tail County's shoreland areas, and especially those areas not previously developed, meet the criteria for high density residential districts; and WHEREAS, when considering the criteria for land use zoning district designation as laid out in Minnesota Rule 6120.3200, Otter Tail County is appropriate for a single district, which was the intention of the County Board in adopting the statewide standards on February 5, 1992, remains the appropriate form of control for Otter Tail County and is "substantially compatible with the framework in subpart 4" (of Minnesota Rule 6120.3200), as is required by subpart 2 of Minnesota Rule 6120.3200; and WHEREAS, Minnesota Rule 6120.2800, subpart 3, authorizes local governments, under special circumstances and with the Commissioners' approval, to adopt shoreland management controls that are not in strict conformity with the minimum standards and criteria provided, the purposes of Minnesota Statutes 103F.201 to 103F.221 are satisfied. In conformity with the implementation flexibility provisions of the Minnesota Rules, Otter Tail County requested relief from the strict zoning district requirements .. A copy of a letter to Russ Schult, Shoreland Hydrologist, Department of Natural Resources Division of Waters, dated June 13, 1991, is marked Exhibit B, and incorporated by reference; and WHEREAS, the DNR did, in fact, approve Otter Tail County's Shoreland Management Ordinance which authorized the use of planned unit developments, called cluster developments in the Ordinance. The County Board determined that planned unit developments, which are subject to conditional use permits, provide for greater protection of the environment and valuable shoreland resources, even with the potential for increased density, than traditional lot and block development. When applying the purposes of land use districts as outlined in Minnesota Rule 6120.3100 and the criteria for the districts as outlined in 6120.3200, the Board determined that all areas of Otter Tail County are appropriate for planned unit developments. A single district in Otter Tail County is compatible with the classes of public waters as outlined in Minnesota Rule 6120.300 and the standards for development vary depending upon lake classification. Because there are no areas within the County that cluster developments should not be allowed, they are specifically identified as OTC Board of Commissioners' Minutes February 14, 2006 Page 5 being allowed in all areas of the County. The provIsIon of Minnesota Rule 6120.3800, subpart 2, which requires that if a local government allows planned unit developments, the land use districts in which they are allowed conditional uses must be identified in their official controls and on a zoning map is not applicable in Otter Tail County (the map would simply show all shoreland areas of Otter Tail County); and WHEREAS, attached hereto, and marked Exhibit C and incorporated by reference is an October 19, 1992 letter to Otter Tail County from the Department of Natural Resources approving a grant for the administration of the County's Shoreland Management Ordinance. The letter specifically states, "Since your County has recently adopted a compliant Shoreland Management Ordinance, you are eligible for grant assistance." The Department of Natural Resources, which promulgated and enforces Chapter 6120 of the Minnesota Rules, has continually approved and supported Otter Tail County's Shoreland Management Ordinance as it was amended on February 5, 1992, to comply with the 1989 statewide standards and as subsequently amended. Also attached hereto, and marked Exhibit D and incorporated by reference is a December 19, 2000 letter from the Department of Natural Resources approving the January 1, 2001 revisions to the Shoreland Management Ordinance. NOW, THEREFORE, IT IS HEREBY RESOLVED, that Otter Tail County continue to enforce its Shoreland Management Ordinance, including the authorization for planned unit developments, also known as cluster developments. NOW, THEREFORE, IT IS FURTHER RESOLVED that the attached map, dated February 14, 2006, which has been marked Exhibit E, and is incorporated by reference, represents a zoning map of Otter Tail County showing the shoreland management district classifications based upon the public waters classification system. Adopted this 14th day of February, 2006. Dated: :2. -;;1. I -~(!M f.o Attest: ll/4/A a Larry Kro/m, Cle'rk OTTER TAIL COUNTY BOARD OF COMMISSIONERS By: ~ ,f A..tA ---___:: Rog~Froemmfng, l3oard of Commissioners Chair Plannina Commission Recommendations Conditional Use Permit-The Preserve At Echo Bav/Homeland Investment Co. #1: Land & Resource Director, Bill Kalar, stated that the Planning Commission's recommendation is to approve the revised plan (dated January 31, 2006) that allows for 209 dwelling units and 60 boat slips subject to conditions as presented in the Planning Commission minutes dated February 8, 2006. Correspondence received from the Pelican Lake Property Owner's Association (PLPOA) was provided to the Board and a letter received by the County Board from the Vogel Law Firm was acknowledged. Dave Majkrzak, PLPOA President, stated that the Association firmly objects to this project and believes that this is not the right thing for the lake. He expressed a need to keep this quiet amenity undeveloped for the lake and expressed concerns that property values may be reduced if this project is allowed to move forward. Mr. Majkrzak stated that a lot block OTC Board of Commissioners' Minutes February 14, 2006 Page6 development would probably not be allowed in this area and he spoke against Planned Unit Developments. Mr. Majkrzak stated that he would strongly support the County Board's objection to the Conditional Use Permit proposal being presented today and the Planned Unit Development as well. · Bill Schlossman, a lifelong resident of Pelican Lake, stated that what is being proposed at Echo Bay is taking away fishing in the bay and enjoyment of the serene bay. He stated that this development would make the bay inaccessible to the members of the lake. • He submitted to the Board that this is not an appropriate decision to change the inherent value that Pelican Lake has and people use every weekend. Mr. Schlossman stated that this project is highly inappropriate and urged the County Board to reject the Conditional Use Permit; and, if the CUP is granted, he requested that the County Board not _allow docks in the Bay. Attorney, Chris Svingen, representing the developers, stated that the Planning Commission has heard similar comments/objections at their February 8, 2006, meeting and the Planning Commission voted 6-2 to approve the revised plan for The Preserve At Echo Bay. Mr. Svingen stated that the proposed development of "Echo Bay is probably not a factor relating to the estimated market value of property around Pelican Lake. He noted that the plan has been amended. The number of units and boat slips has been reduced, the plan ha·s been phased in civer a ten year period, a conservation easement is dedicated adjacent to the lake and river, which permanently preserves the area in its natural state. Mr. Svingen stated that the developers feel that the concerns of the Planning Commission, public, and County Board, have been addressed in the revised plan. The project falls within the requirements of the shoreland ordinance. He requested that the Conditional Use Permit be granted for the project, as recommended by the Planning Commission. County Board discussion followed the public comments. Commissioner Mosher stated that both of his Planning Commissiol") meryibers yoted in favor of the revised plan and offered a motion to approve a Conditional lJse'.Permit\ (with conditions as recommended by the Planning Commission) for the revised January 30, 2006 plan, for The Preserve At Echo Bay. The reasons for the approval of the plan is the information in the negative declaration for the need of an Environmental Impact Statement, information contained in the Environmental Assessment Worksheet and the additional material received, the resolution adopted regarding Districting, and the record of the Planning Commission. Commissioner Froemming seconded the motion and called for a roll call vote: County of Otter Tail YEA NAY Other Board of Commissioners Roger Froemming X Dennis Mosher X Bob Block X Syd Nelson X Malcolm Lee X OTC Board of Commissioners' Minutes February 14, 2006 Page 7 Motion carried 4 -1. Commissioner Lee explained that his negative vote is because of his concern with crowding on Pelican Lake which is already the most crowded lake in the, County. _ He felt that the lake has been kept clean and beautiful because of the work of the 'lake·• associatio•ri and lake improvement district. The property is described as NE¼NW¼ & E 10 Rd of SE¼NW¼ ; Pt NE¼ SW¼ & Pt NW¼ SE¼ ; E½NE¼ Ex Trs & SW¼ NE¼ & GL 1 Ex Trs, Section 20 and Pt Lot 6 & of SE¼ SW¼ S of River, Section 17 of Dunn Township; Fish Lake (56-768), GD; Unnamed Lake (56-771), Pelican River (56-PR). Preliminarv Plat -Loonv Acres: Motion by Lee, second by Block, and unanimously carried to approve a request of the Developer (Joshua Hanson), to relocate the proposed dedicated public road for the Preliminary Plat known as Loony Acres. This approval is based on the map received by the Land & Resource Management Office on January 17, 2006, and is subject to conditions as recommended by the Planning Commission. The property is located in Section 34 of Dora Township; Loon Lake. Final Plat-"Almora Shores" Motion by Froemming, second by Nelson, and unanimously carried to approve the Final Plat of Secluded Land Company, LLC, known as "Almora Shores", GL 1, Section 35, Township 132N, Range 37W, Elmo Township, Almora Lake (56-49). Conditional Use Permit Extension Motion by Lee, second by Mosher, and unanimously carried to approve a two year Conditional Use Permit extension request of Steve & Holly Omberg, Hollywoods Resort, located in Section 34 of Dora Township, East Silent Lake (56-517). Review of Proposed State Wildlife Land Acquisition Otter Tail Countv Resolution No. 2006 -15 Upon the motion of Mosher, seconded by Block, and passed by a unanimous vote, the County Board of Commissioners adopts the following resolution: WHEREAS, In accordance with Minnesota Statutes 97A.145 Subd. 2, the Commissioner of the Department of Natural Resources, on February 14, 2006, provided the County Board and the appropriate town officers with a description of lands to be acquired by the State of Minnesota for water and wildlife conservation purposes, and WHEREAS, Lands to be acquired are described as follows: E½ SE¼ of Section 33, T.131N., R. 44W NOW, THEREFORE, IT IS HEREBY RESOLVED, by the Board of County Commissioners of Otter Tail County on February 14, 2006, that the State's proposed acquisition of the above described property be approved. Adopted this 14th day of February, 2006. OTC Board of Commissioners' Minutes February 14, 2006 Pages Attest: Larry Kr0hn, Clerk OTTER TAIL COUNTY BOARD OF COMMISSIONERS By: ~ ~~ . Roger Froemming, Board of Commissioners Chair Recess & Reconvene At 12:02 p.m., Chairman Froemming declared the meeting of the Otter Tail County Board of Commissioners recessed for lunch break. The meeting was reconvened at 1 :04 p.m. Bondina Reauest for Prooosed Ethanol Plant Attorney, Kent Mattson; President of Otter Tail Ag Enterprises, LLC, Jerry Larson, and proponents of the proposed Ethanol Plant provided background regarding the plant. They cited the economic benefits the project would provide for the area, the importance of clean burning, renewable fuel, and the process of funding the estimated $95,500,000.00 facility. Lengthy discussion took place regarding the project. RESOLUTION REGARDING THE PROPOSED ETHANOL PLANT Otter Tail Countv Resolution No. 2006 -16 Commissioner Block offered the following and moved its adoption: RESOLVED, That in order to facilitate the development, financing and construction of a 55 million gallon per year ethanol plant to be constructed in Otter Tail County by Otter Tail Ag Enterprises, LLC, and in order for the company to include County bonds as a source for its project funding, that the Otter Tail County Board of Commissioners: 1. Gives preliminary approval to the establishment of a Tax Abatement Program and Tax Abatement Area, establishment of a Business Subsidy Policy, and entering into a Business Development Agreement with Otter Tail Ag Enterprises, LLC. , 2. Gives preliminary approval to the Issuance and Sale of General Obligation Tax Abatement Bonds in an amount necessary to make $5,000,000.00 of proceeds available for the ethanol project, and entering into a loan agreement with Otter Tail Ag Enterprises, LLC to make the proceeds of the bonds available to the company through a loan for constructing its planned ethanol plant. . FURTHER RESOLVED, that the foregoing is subject to the following requirements, together with such other requirements as are deemed necessary and appropriate by the County's bond attorney and bond consultant: 1. Otter Tail Ag agrees to pay back the loan, including interest, capitalized interest, debt service reserve, costs of issuance and underwriters discount. 2. All costs of the bonding would be repaid by Otter Tail Ag. 3. The loan is secured by a mortgage filed against the ethanol facility, subordinate to first mortgage of the primary lender. OTC Board of Commissioners' Minutes February 14, 2006 Page 9 4. No bond proceeds will be distributed unless the project moves forward, the company successfully completes its equity drive, and the loan arrangements are concluded with the Company's primary lender. Commissioner Nelson seconded the motion, and upon being put to a vote, was unanimously carried. Adopted and signed this 14th day of February. Dated: ;;J.. -21-0 fo OTTER TAIL COUNTY BOARD OF COMMISSIONERS By: ~ '-:j~ Attest: Rog~roemmfng, Board o(Commissioners Chair Larry Krohn, Clerk Pavment Approved Motion by Block, second by Mosher, and unanimously carried to approve payment, in the amount of $10,830.00, to Association of Minnesota Counties for the 2005 preparation of Otter Tail County's Cost Allocation Plan based on Fiscal Year 2004 pursuant to contract specification. Exempt Permit Application Motion by Nelson, second by Mosher, and unanimously carried to approve, with no waiting period, the LG220 Application for Exempt Permit as submitted by the Dead Lake Association for an event scheduled for July 2, 2006. Correction to Januarv 24, 2006. Minutes Motion by Nelson, second by Mosher, and unanimously carried to amend the January 24, 2006, minutes to read as follows: Was- Department - Veterans Services Original Budget 326,749 Reason -Balance of unexpended 2005 Grant. Should have been - Department - Veterans Services Original Budget 326,749 Reason -Balance of unexpended 2005 Grant. Budget Change 3,619 Budget Change 2,357 Budaet Correction for 2006 Revised Budget 330,368 Revised Budget 329,106 Motion by Froemming, second by Mosher, and unanimously carried to approve the following amendment to Otter Tail County's 2006 Capital Improvement Budget as recommended by the Budget Committee: Department - Sheriff Original Budget 378,181 Reason -Was omitted in error from the County's 2006 Capital Budget. Budget Change 158,620 Revised Budget 536,801 OTC Board of Commissioners' Minutes February 14, 2006 Page 10 · Ditch Exoenditures Motion by Nelson, second by Block, and unanimously carried to approve the following county ditch expenditures: Corbin Pickar Excavating, Inc. Ditch No. 38 190.00 Removed Beaver Dams Corbin Pickar Excavating, Inc. Ditch No. 29 285.00 Removed Beaver Dams Certificate of Correction to Plat Motion by Nelson, second by Froemming, and unanimously carried to approve the attached (Attachment B) Land Surveyor's Certificate of Correction to the pja!_, of, .Wegs·cheid 3rd Addition. Blue Heron Bav Discussion Blue Heron Bay Owner, Jim Erickson, and Attorney, Bob Russell, discussed several items with the County Board. Mr. Erickson talked about the formal issue of the Environmental Impact Statement (EIS) process for Blue Heron Bay. He stated that he has deferred moving forward with the formal agreement to pay for the Consulting Services of Wenck & Associates until further information is gathered regarding water quality. He stated that this additional information will be available in March. Mr. Russell informed the County Board that a 49-acre parcel on the east side of Blue Heron Bay known as "The Preserve" has been listed on the MLS. Currently, discussions are occurring with the DNR in acquiring this parcel for the public. Discussion took place regarding a "Hybrid Project" as an alternative, described as a combination of lot block development and cluster development. Mr. Erickson stated that Mr. Russell could assist in drafting ordinance language to allow a hybrid development approach. The timeline for completion of the EIS for Blue Heron Bay is 280 days from the time notice was placed in the EQB Monitor. Mr. Kalar estimated that the EIS would need to be completed by November or December of 2006. Several individuals spoke in favor of the EIS moving forward with the Consultants, Wenck & Associates, who have been approved for the project Hazard Mitiaation Plan Leon Heath from Northwest Regional Development, briefed the County Board on the requirements of an approved Hazard Mitigation Plan (HMP). An approved HMP is required in order for Otter Tail County to receive FEMA funding. Mr. Health stated that the Plan is 150 plus pages with specific requirements from the state and requires information gathering from the public. NRD has completed nine HMP's for other entities and Emergency Services Manager, Tiny Holm, would assist with the information gathering. Motion by Mosher, second by Block, and unanimously carried to authorize the Emergency Services Director to enter into an agreement between Otter Tail County and Northwest Regional Development Commission for completion of a Hazard Mitigation Plan at a project cost, not to exceed $30,000.00. The grant funding for this project has been received from the State of Minnesota. The motion further requires the approval of the County Attorney to approve the agreement. Emeraencv Ooerations Plan Motion by Froemming, second by Block, and unanimously carried to approve the 2006 revisions to the Otter Tail County-Wide Emergency Operations Plan as submitted by the Emergency Services Director. Recess & Reconvene OTC Board of Commissioners' Minutes February 14, 2006 Page 11 At 2:47 p.m., Chairman Froemming declared the meeting of the Otter Tail County Board of Commissioners recessed for a Highway Committee Meeting. The County Board meeting was reconvened at 3:01 p.m. Final Pavment-S.A.P. 56-688-03 ' , . Motion by Lee, second by Mosher, and unanimously carried to approve Final Payment per Estimate No. 16, in the amount of $91,034.44, payable to Mark Sand & Gravel Co. for completion of work on CSAH No. 88. Bid Award -Purchase of Disk Mowers After previously advertising for bids, Highway Engineer, Rick West, opened the following quotations for purchase of four (4) John Deere 265 Disk Mowers: Interstate, Inc. Fergus Falls, MN 4 mowers @ $4,925.63 Evergreen Equipment, Inc. 4 mowers@ $4,952.25 Wadena, MN *Includes 6.5% MN State Sales Tax & 4 Used Disk Mower Trade-Ins $19, 702.50* $19,809.00* Motion by Nelson, second by Lee, and unanimously carried to approve purchase of four John Deere 265 Disk Mowers from Interstate, Inc. of Fergus Falls, MN, in the amount of $19,702.50, as recommended by the Highway Engineer. Rockv Ridae Road Mr. West reported that he met with the Henning Town Board and they did not make a decision to go ahead with their share of the paving work for Rocky Ridge Road. The Henning Board may defer the decision until their annual meeting. Mr. West stated that the County needs to proceed with the CSAH No. 65 project; therefore, the paving of Rocky Ridge Road will be a deducted alternate in the bid specifications so it could be removed if needed. Resort Sian Proaram Mr. West reported that signs for resorts, cemeteries, and other entities are ordered and installed by the Highway Department. The Highway Department has been charging $20 per sign, even though the actual cost of the material is $71.57. Motion by Nelson, second by Block, and unanimously carried to increase the fee for the signs under the Resort Sign Program to $100.00, which includes material costs and installation. Reclassification Motion by Nelson, second by Mosher, and unanimously carried to approve a reclassification of the position of Secretary/Receptionist in the Highway Department from a Grade 8 to a Grade 9, with a title change to Office Assistant, effective January 1, 2006, as presented by the County Coordinator. Performance Evaluation Summarv Motion by Nelson, second by Mosher, and unanimously carried to approve the positive Performance Evaluation Summary of Land & Resource Director, Bill Kalar, as presented, and to direct that the summary be placed in his personnel file. OTC Board of Commissioners' Minutes February 14, 2006 Page 12 . Adiournment At 3·:31 p.m., Chairman Froemming declared the meeting of the Otter Tail County Board of Commissioners adjourned until 9:30 a.m. on Tuesday, February 21, 2006. Dated: OTTER TAIL COUNTY BOARD OF COMMISSIONERS Attest: id~~ By: ~ ':/ ~ Rog~roemmfng, Board of Commissioners Chair Larry Krolfn, Clerk CB/kd 2/14/2006 11,59,21 O'ITER TAIL COUNTY AUDITOR PANELSON RECEIPTS AND DISBURSEMENTS SYSTEM WAR.RANTS roR PUBLICATION WARRANTS APPROVED ON 2/14/2006 FOR PAYMENT VENDOR NAME A'VIANDS LLC AMERICAN INSTITUTIONAL SUPPLY AMERICAN TOWER CORPORATION AMERIGAS APPLE TIME INC JEFFREY ARNDT ARVIG COMMUNICATION SYSTEMS BARBER RAZOR BLADE CO BA'ITLE LAKE MOTOR PATROL ASSN BATI'LE LAKE STANDARD BCA TRAINING & DEVELOPMENT BIG FOOT GAS & GROCERY BLUESTONE TECHNOLOGIES INC BOB BARKER COMPANY INC BRAUN VENDING INC CARQUEST AUTO PARTS CHECKERS AMOUNT 9,428.40 203.26 82.75 342.74 1,518.52 100.00 245.78 122.50 100.00 72.60 540.00 1,100.06 9,000.00 133.90 21.49 12.38 4.85 CO OP SERVICES INC ,COMMISSIONER OF TRANSPORTATION . COMPANION ANIMAL HOSPITAL 3,882.95 120.00 40.45 611. 46 20.00 101.56 27,629.46 51.12 24,973.08 514.70 20.00 56.00 1,912.00 124.78 543.40 3,523.95 COOPERS TECHNOLOGY GROUP CORPORATE TECHNOLOGIES CULLIGAN WATER COND CUTLER MAGNER COMPANY DAN'S TOWING & REPAIR DATABANK IMX DENZEL'$ REGION WASTE INC DEPT OF LABOR & INDUSTRY CA.IS DICK'S STANDARD SERVICE DLT SOLUTIONS INC FARGO FREIGHTLINER FARGO GLASS AND PAINT CO FARMERS CO OP OIL ASSN FARNAM'S GENUINE PARTS INC FERGUS FALLS MEDICAL GROUP FERGUS FALLS NEWSPAPERS INC FERGUS FALLS SMALL ENGINE & TR FERGUS POWER PUMP INC FLOOR TO CEILING STORE GOPHER STATE ONE CALL GR GRAPHICS INC ST LOUIS HALL GMC INC HEALTHCARE ENVIRONMENTAL SERVI HEDAHLS HEADQUARTERS HEISLERS COUNTRY OIL HIGH PLAINS TECHNOLOGY SANDY HOLO HOMESTEAD BUILDING SUPPLIES ID AMERICA 17.66 263.50 51 7. 46 5.93 170.00 1,068.94 28.35 417.80 109. 54 52.00 164.42 1,423.97 57.51 24.00 46.39 238.00 OTC Warrants February 14, 2006 Attachment A, Page 1 IFD66 COUNTY 56 PAGE 1 2/14/2006 OTC Warrants February 14, 2006 Attachment A, Page 2 2/14/2006 11:59:21 OITER TAIL COUNTY AUDITOR PANELSON RECEIPTS AND DISBURSEMENTS SYSTEM W.ARRAN'I'S FOR PUBLICATION IFD66 COUNTY 56 PAGE 2 WARRANTS APPROVED ON 2/14/2006 FOR PAYMENT 2/14/2006 VENDOR NAME IMAGE TECH SERVICES THE INDEPENDENT J CRAFT DIV OF CRYSTEEL MFG IN KEEPRS INC CY'S UNIFORMS KELLY SERVICES INC KNUTSON ELECTRIC REBUILDING L & L SERVICE LAKE REGION DENTAL CENTER LAKE REGION HEALTHCARE CORP LAKELAND MENTAL HEALTH CENTER LAKEWAY MARKET LLC DARREL LEITCH LOCATORS & SUPPLIES INC M-R SIGN COMP.ANY INC. MACPZA MA'ITHEW BENDER & COMPANY INC MIDWESTERN HAT RENTAL & SUPPLY MN CO RECORDERS ASSOCIATION MN MOTOR COMPANY HN STATE BAR ASSOCIATION MN TRANSP ALLIANCE NANIK'$ ELECTRIC NAPA OF PERHAM NAPA STANDARD PARTS OF WADENA NELSON DODGE GMC NELSON FORD LINCOLN MERCURY IN NELSON INTERNATIONAL NEW YORK MILLS HERALD NORHTWEST RESPIRATORY SERVICES NORTHERN STATES SUPPLY INC NOVA FIRE PROTECTION OFFICE DEPOT ONE CALL LOCATORS LTD OTTER TAIL CO AUDITOR O'ITER TAIL CO EMPLOYEES COMMIT OUTDOOR RENOVATIONS LANDSCAPE PAMIDA INC 008 PAMIDA PHARMACY PARK REGION CO OP PEBBLE LAKE TAKB 5 PENROSE OIL COMPANY PEPSIAMERICAS PERHAM ACE HARDWARE PERHAM CO OP CREAMERY PERHAM ENTERPRISE BULLETIN PRAIRIE IMPLEMENT INC QUICK'S NAPA AUTO PARTS REED BUSINESS INFORMATION CHERI SCHULTZ AMOUNT 6?.38 99.95 759.95 809.85 1,416.76 118.53 25.28 282.00 3,906.39 6,484..50 3,876.15 .78. 74 224.91 884.62 100.00 117.90 60.75 250.00 6,128.69 302.00 3,850.00 1,097.35 31.76 492. 41 2,790.53 1,054.76 207.35 105.00 49.44 1,193.11 731.00 102.40 11.50 53,887.00 115.50 3,365.00 13.17 4,692.15 4,113.13 231.02 2,177.00 318.75 109.38 1,297.98 162.00 7.33 190.96 837.40 41. 39 2/14/2006 11:59:21 •••• IFD66 COUNTY 56 OTC Warrants February 14, 2006 Attachment A, Page 3 OTTER TAIL COUNTY AUDITOR PANELSON RECEIPTS ANO DISBURSEMENTS SYSTEM WARRANTS FOR PUBLICATION PAGE 3 WARRANTS APPROVED ON 2/14/2006 FOR PAYMENT 2/14/2006 VENDOR NAHB SCOTT HOFLAND CONSTRUCTION INC DOROTHY scan STEINS INC STEVE'S SANITATION INC STRAND ACE HARDHARE SUPER SEPTIC INC OF PELICAN RA TIRES PLUS SUSAN ULSCHMID . VALLEY SOFT WATER VALLEY SOFT WATER LTD VICTOR LUNDEEN COMPANY VIKING COCA-COLA VOSS LIGHTING WADENA HIDE & FUR COMPANY WALLWORK TRUCK CENTER WASTE MANAGEMENT WCM TASK FORCE WBLDING SUPPLIES & FIRE EQUIPM TIMOTHY WENK WEST PAYMENT CENTER WIDSETH SMITH NOLTING & ASSOC ZIEGLER INC FINAL TOTAL .•..... AMOUNT 3,190.00 162.49 800.37 177. 84 76.69 77 .19 20. 63 60.86 11.50 28.76 406. 93 170.00 140.64 175.52 1,145.74 4,010.97 5,000.00 2,866.68 5,558.00 2,707.65 364.50 55. 38 $228,238.07 •••• LAND SURVEYOR'S CERTIFICATE OF CORRECTION TO PLAT Name-of Pl•t: Pl.ai11view WEOSCHEID 3ID ADDITION Pun1111nt w the provision afChapier :ms 175, L.aws ofMlnnrsoni, 1957. Daniel W. SkiMer, 1hc undrni&nal, • Profenion11I Land S11~yor in and for the S111C" ofMiMCSotl decl2n:1 u follow,: Certificate of Correction to Plat February 14, 2006 Attachment B, Page 1 I. Tlm the pl■t ofWEGSCHEID 3ID ADOITIOf'ol, dllfcd Jan\l&l'Y 24, 2QQj and filed on J1me 20, :ZOOS in the Office oflhe Co1o11uy Rccon:lcr, One,-T11I County, Minnesom in Boole Q of Pl111, Page 898 11nd Oot,imen1 Number 97837S Will prq1arcd by Daniel W Skinner. Profmiooal Land Survoyor, MiMcsot. L1cen10 No . .0827. 2. Th111 the pl;n e01111in1 the followina emn 10 wit: The 3IUS u lhowa for Len I •d Loi 2, Block Jin the an::a tables read 83 follDWJ: LOT I 24,818 SF or 0.S7 ACRES LOT2 18,749SFot04lACRES 4. 111111 said plit is hodly e~ed u follUW5. to wit: The COflCCC areas in 1heo.bovc mcn1ioncd Tables attM follows: LOT I 18,749 SF or 0.◄J ACRES LOT2 24,818SFor0..57ACRES Dilnhl W ~ncr--I Profo:fJii3n""II Liu lll"IC)'Or Minnc-so11 Li No 40827 STATEOFMINNES1"..._ _ _,. COUNTY OF OTTER TAJL The foregoin1 instrumall Wll,I Kknowlcd1ed bcfORa me lhis 7 day of +'(.br'l.f 'r ', Sltinncr. · 2006 by Daniel W. -14,/,;t:t/l/ eP ~ Norny Public:, Otter Tail County, Sln'nnesota My Commi:a&ion E.tpires I -~ I -'2010 ~ NOTARY PUBLIC-MINNESOTA I@) AOBEl!T MICHAEL ILLG I · ~CtT11111iuDIEi:plrnJMI 31.2011)1 This 11bovc Ccnifie11c ofConmion 10 du: plu ofWEGSCHEID 3ll) ADDITION has bcm approved by the Board of Comn,iss1om:rs of Otter Tail Counry, MiMc,011 u 1 ~aul■r mccdn1 held on the ~day of 1-.-.\..r..,,...... 20015 . .:, /)"-""1.t . ..::;!...t"..,,,-...,..-._.......,. Chiil!1'fi1n of1ltr:"C01111ry 80111d ,, I .... STATEOF t'AY~(N]rn~©1r~ DEPARTMENT OF NATURAL RESOURCES ONR INFORMATION (612) 2.96-6157 February 5, 1990 500 LAFAYmE ROAD• ST. PAUL, MINNESOTA• 55155.4() The Honorable Sydney G. Nelson Chairman, Otter Tall County Board of Conmiss1oners Route 3 Sebeka, MN 56477 Dear Connn1ss1oner Nelson: NOTICE TO ADOPT REVISED STATEWIDE SHORELAND MANAGEMENT RULES fll:~IIVID F£8 GI.,. .. ,,;.;---·· On July 3, 1989, the revised Statewide Standards for "Management of Shoreland Areas" rules became effective (Minnesota Rules Part 6120.2500 -6120.3900). Under the authority of Minnesota Rules Part 6120.2800, Subp. 2;'·you· are:hereby not1f.1ed that your . . CJty/C.oun.ty __ must upgra~e-:1,ts Jarid. ·use controls or shore land ordiiia.nc,f'by~Fetiruary ·5.,• ···' •1992'· to· confp.i'y·"'wfth"'·ttre•nei<"'i'ules':'"'\ ·· · , ' , , .-1' . '· .· ' t ·The rules were developed through a consensus process by 23 groups representing diverse interests from agriculture and environment to local and state governmental agencies including the Department of Natural Resources. A series of ten hearings before an Adm1n1strat1ve Law Judge 1n the fall of 1988 c001pleted the public review process, The Legislature has provided grant monies to assist local units of governnent in adopting the new shoreland rules. A grant application form is enclosed. Please return the completed form by March 5. 1990, to the Shoreland Hydrologist serving your region (see attached map): Reo1ons I. 2. 3 Russ Schultz, Shoreland Hydrologist DNR-Div. of Waters 1601 HinnesOta Drive Brainerd, MN 56401 (218) 82B-2605 ReQ1ons 4. 5, 6 DNR-Oiv. of Waters Shoreland Hydrologist 1200 Warner Rc~d St. Paul, MN 55106 (612) 296-7523 The Shoreland Hydrologist 1s your primary contact for the grant app11cat1on, contract, eligible expenses 1 and related questions. The Area Hydrologist serving your city/county {see attached map/ will be your primary contact when it comes to the actual work of revising your zoning ord1nance. Please feel f,:ee to call upon them for assistance. Sincerely, DI~~.;?~---,~ ~~~-:ang, .Director ~ Enclosure ~ / EXHIBIT A cc: Jerry. Paul. Regional Hydrologist T~y Lejcher, Area Hydrologist · ,J(alcom Lee, Z.A., Zoning Adnli'M9~N,tll\'1l!'f~l~fil"fLOYER Deparltn4nt of ~1/"' ~'~ "-'- LAND & RESOURCE MANAGEMENT COUNTY OF OTTER TAIL Pt,on• 218-738-2271 Col.If, Houst F...,. Fallo, Minnemlll 68637 . .. ' ..... ~.-- June 13, 1991 Ruea Schultz nDNR 168 "N Dr. Br■in•rd, !N 564al O.ar nr. Schultz, Ae p•r our conv•ra■tion o! June 12, 1991, thi■ letter •111 try to outline our 1de■a .-.g■rding Land Us• Zoning D1atr1ct■• lb1l• it 1a app■rent that the Otter Tail County Ordinance arid the St■t.•tde etlaDd■rda h■Y• differRt approach•• to the zoning diatricta, the ohjectivea ■re ■1 ■11■r. The Planning Co■■iaaion, Board of AdjuatNnt and County BoU"d held ■ joint ••ting concerning the adoption of the, ■t■te•ide atand■rda. On the iaaue of i■ple■enting zoning diatricta, the Boards felt our aethoda were sufficient to pro■ote the on::lerly develop■ent o1 laknhore property Within otter Tail County. It waa alao f•lt th• adoption of zoning district.a, •long with the other requ1reNnte of our Ordinance, would le■d to unnNlaaa■rr duplication gf efforts. Th• duplication of •fforta co-■ about becauae a CondiUanel Ua• Per■it 1• requ1rltd by our Ordinance for all non-residential, non-agricultural land uaaa. Va agr•• that Conditional Use Per■ita should be requiNKI for non- p•rmitt•d ueee. If•• ar• required to zone ••Ch of our 1,M9 lakea, it would be a v•rr ti■-conau■ing proceae, which we do not tffl would b•nefit our develop-nt objectivu. Since •• r•quire a Conditional Uae Per■il there are ede,qllate N1eguarda to pr•venl improp•r deveJop•nt of our ahorelande. We intend to continue to- conaid•r each Conditional U•• Per■it application carefullp, kHping in aiad the 12 exi■ting criterie in our current Ordinanc•. Ve au add additional criteria if nec~■ry. I have discueaed lhia iuu• •Jth the County Attorn•r'■ o1f1c• and it doN not app•ar that the outcoae of the few aituationa 1a which•• bave bad difficulty would have been significantly altered if•• would have bad zoning districts. Additionally, th.re are potential aitu■U.ona in which t.be creation of zonn -y re■ult in leaa ability to deny • Conditional U., P•r■it. EXHIBIT 8 SHORELAND MANAGEMENT ORDINANCE -SUBDIVISION CONTROL ORDfNAHCE RIOHT-0F•WAY SETBACK ORDINANCE -SEWAGE SYSTEM CLEANER8 ORDINAHCE RECORDER. OTTER TAIL COUNTV PL.\NNINQ COMM19810N Thank you for your consideration of repr•aentatives of Otter Tail County diacuss thie •1th you further. A■ planning to conduct the public ■eetinga Ordinance in July, Any ■aaiatance objective •ould be appreciated. Sincerely, ~7~ Bill Kalar Acting Ad■inietr■tor •• Page 2 these comments. If you deaire, would welcome the opportunity to ••• diacu■aed, •• ■re t9ntat1vely to conaider the change■ to our you can provide u■ in Meting that ST~T( Of INJINlrn~©ii"~ . , J DEPARTMENT OF NATURAL RESOURCES 500 LAFAYETTE ROAD • ST. PAUL MINNESOTA • 55155·40 OHR INFORMATION (612) 296-61~7 October 19, 1992 The Honorable Andy Lindquist · Chair, Otter Tail County Board of Commissioners Route I Fergus Falls, MN 56537 Dear Commissioner Lindquist: DEC O 3 1992 ADMINISTRATIVE GRANT APPLICATION FOR SHOREI.AND MANAGEMENT Enclosed an, grant application forms designed to assist your county in administering shoreland management controls. · .... ~!n-C£:..Y.2,lg.,.£.~!1D'.:r..~s"""~~~a4gp_~-:...! "~P.~t ~-~~z:c:!¥-~; management ordinance you·.,., ~ligible for giant assistancc.i! R is our expectation· and hope this •-.. ~~•,•o.,~,r:-;--~..-'l,.,_..c • • • 0 •; ... ·P!')CCSS w_ill continue on a ycarly,basts, A base line administrative grant will be given to all eligible applicants. Additional grant money · can .be requested as provided on the forms. The actual grant award can come from a combination of three categories below: I. ·Base grant: $3,000. 2. Expanded base grant for counties that demonstrate above average administrative costs. 3. New initiatives: (i.e., mapping land use districts, upgrading onsite sewage systems, develop ag. impact mitigation measures, develop stonnwater plans, etc.). Please return the completed application within 30 davs to: EXHIBIT C AN EQUAL OPPORTUNITY EMPLOYER ! Page Two Russ Schultz, Shoreland Hydrologist, DNR -Division of Waters, 1601 Minnesota Drive, Brainerd, MN 56401 or call (218) 82S-2605. Sincerely, <27-z_~•S . PaulT. Swe~~ Pennits and Land Use Section PTS/RS/EF:fw Enclosure cc: Senator Dallas Sams Senator Cal Larson Representative Syd Nelson Rcp~entative Loren Thompson Representative Bob Anderson Jerry Paul, Regional Hydrologist Terry l..cjcher, Area Hydrologist William Kalar, County Zoning Administrator I ,,o• "'""';.; • Minnesota Department of Natural. Resources " ~ ~ . .~011 L1ray,·•11: Ro:11J ~ tlJ ~Qo-~ ..... ~ 51. l'.1111. "'1111111,,•,mJ 5.'il.~'i-•lll_ December 19, 2000 Mr. William Kalar Otter Tail County Zoning Administrator Otter Tail County Courthouse Fergu_s Falls, MN 56537 Dear Mr. Kalar: OTTERTAIL COUNTY SH.ORELAND MANAGEMENT, ZONING ORDINANCE We have reviewed thc'.P."fii"Mse111amC .. rfcirileliis'.io 1he Oner Tail County Shoreland Managemem Ordinance and find the'iffTo•'~i~~~-ilh".·~A.~~~~ime~~~~~"l:5!-k'"d~ for Management ofShoreland Areas. Our understanding is the livestock exclusion ame·ndinent is still discwsed with the County Board. The remainder of the amendments are hereby approved. Upon final adoption of the ordinnnce amendments, please: send two certified copies of the amended ordinance to Area Hydrologist Terrence Lejchcr at 1221 Fir Avenue.East, Fergus Falls, MN 56537 for our files. Thank you. For several years, Oner Tail County has been a statewide leader in the administration of shorcland zoning. We appreciate your efforts in these land use decisions and your excellenl working relationship with the Fergus Falls DNR office. May we wish ·you continued good work in 2001. Sincerely, DNR Waters ~.~-ll Unc Stine, Administrator Waler Management Section c: Larry Kramka, Regional Hydrologist Terrence R. Lejcher, Area· Hydrologist Russ Schultz, Shoreland Hydrologist EXHlBTT D DNR Information: 651-296-6157 An Equ.i Opp011•nity Empl~ Who Value1 Dil'al.i[)' J-B88-646-6367 • TIT: 651-296-5484 • 1-800-657-3929 0 Pr1nlld 011 Req,dld Paper COn!Uvlg I Mnirn.,1'11 or 10'lll, PoJl--coram.r Wute •. Exhibit E