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Home My WebLink AboutBoard of Commissioners - Minutes - 03/21/2006MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, Commissioners' Room 500 Fir Avenue W., Fergus Falls, MN Tuesday, March 21, 2006 9:30 a.m. Call to Order The Otter Tail County Board of Commissioners convened Tuesday, March 21, 2006, at 9:33 a.m., at the Otter Tail County Government Services Center with Commissioners Roger Froemming, Chair; Dennis Mosher, Vice-Chair; Bob Block, Syd Nelson, and Malcolm Lee present. Approval of Agenda Motion by Mosher, second by Block, and unanimously carried to approve the County Board agenda of March 21, 2006, 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. Approval of Minutes Motion by Mosher, second by Lee, and unanimously carried to approve the County Board minutes of March 14, 2006, with correction of a typographical error on Page 6, under the heading "Sidewalk/Bike Path -City of Underwood" where there was reference to Highway 10 which should read Highway 210. Proposal for Recycled Concrete for Septic Systems Paul Klettenberg of Alexandria Concrete, brought samples of recycled concrete and referred to Minnesota Statute Chapter 7080. He requested approval to use recycled concrete as an alternative to rock for drain fields. He stated that finding a use for the recycled concrete would be good and it has been approved for use in both Douglas and Kandiyohi counties. Discussion followed. Land & Resource Director, Bill Kalar, expressed some concern with the fine dust that comes from recycled concrete, that in time, could cause a problem with plugging the screens in septic systems. Commissioners expressed a desire to use recycled products; however, requested that additional research be completed regarding the performance of recycled concrete for drain fields including more information where it has actually been used. Boards of Review Calendar Assessor, Bob Moe, presented the Boards of Review calendar for April and May of 2006. Discussion followed regarding notifications of the meetings that have been mailed and valuation issues. WOT SWCD 2006 Annual Plan Auditor, Wayne Stein, provided Board members with copies of the West Otter Tail Soil & Water Conservation District 2006 Annual Plan. OTC Board of Commissioners' Minutes March 21, 2006 Page 2 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 the Plat of Albrecht's Addition to Nirvana as prepared by Curtis J. Stoeckel, Registered Land Surveyor No. 13077. A copy of the Land Surveyor's Certificate of Correction to Plat is attached to these minutes as Attachment 8. Recess & Reconvene At 10:26 a.m., Chairman Froemming declared the meeting of the Otter Tail County Board of Commissioners recessed until 11 :00 a.m, when Chairman Froemming declared the meeting reconvened to continue with scheduled agenda items. Planning Commission Recommendation Environmental Assessment Worksheet Needs Determination-"Walker Lake Preserve'': Land & Resource Director, Bill Kalar, stated that the Planning Commission met March 15, 2006, for the purpose of conducting an EAW Needs Determination. A negative declaration for the preparation of an EAW was recommended by the Planning Commission and copies of those minutes and findings were provided. Mr. Kalar explained that the County previously received a petition from the EQB which set into motion the need to do an EAW Needs Determination. He explained that the County Board options are either to agree with the Planning Commission recommendation or to decide that an EAW is necessary. Once the decision is made, the rules require a Notice of Decision that must be sent to the EQB within five days of the decision. Mr. Kalar felt that the Planning Commission did a thorough study and concluded that the items of concern can be mitigated by current rules and regulations in the Conditional Use Permit process. He stated that 38 letters have been received; however, no communication was received from the DNR regarding the EAW process. Commissioner, Bob Block, asked about a letter he received stating that the County used the wrong standards in the EAW process. Assistant County Attorney, Michelle Eldien, stated that the EAW process has been in place prior to 1999, when the County Attorney's office prepared a worksheet or process to help the Planning Commission in these matters because there needs to be a process in place where the decision is not arbitrary and capricious. The process has worked well with the Planning Commission to give them a format to follow. Ms. Eldien felt the process used was based on the rules and the criteria the Planning Commission is supposed to use. Discussion took place regarding the snow cover which prevented viewing of the site and the EAW and CUP process. Motion by Froemming, second by Mosher, to make a negative declaration on the need for an EAW for the proposed cluster development of "Walker Lake Preserve", as recommended by the Planning Commission. This motion is based on the identified concerns being mitigated through the Conditional Use Process and the Findings of Fact dated March 20, 2006 (Attachment C). Chairman Froemming called for a roll call vote as follows: Yea Nay Commissioner Lee X Commissioner Nelson X Commissioner Block X Commissioner Mosher X Commissioner Froemming X Motion carried. "Walker Lake Preserve" is located in Section 11 of Amor Township, Walker Lake (56-310). OTC Board of Commissioners' Minutes March 21 , 2006 Page 3 2006 Natural Resources Block Grant Motion by Lee, second by Nelson, and unanimously carried to authorize the Chairman's signature to execute the 2006 Natural Resources Block Grant Agreement between the State of Minnesota BWSR and the County of Otter Tail for the period of July 1, 2005 through June 30, 2007. The grant amount for is $102,700.00. Approval of Final Plats Motion by Froemming, second by Lee, and carried with Mosher abstaining, to approve the Final Plat of Donald and Robin Magnusson known as "Mags Subdivision", Section 28, Township 133, Range 39, Girard Township, West Battle Lake (56-239). Motion by Mosher, second by Block, and unanimously carried to approve the Final Plat of Olson Properties known as "Canterbury Sands First Addition" Section 28, Township 133, Range 40, Everts Township, Silver Lake (56-302). Blue Heron Bay Adequacy Decision Mr. Kalar reported that the Environmental Quality Board decided that the decision of adequacy for the EIS for Blue Heron Bay should remain with the County and denied the Dead Lake Association petition in the matter. Adjournment At 11 :23 a.m., Chairman Froemming declared the meeting of the Otter Tail County Board of Commissioners adjourned until Tuesday, March 28, 2006. Dated: 6 3/2,.volP Attest,~ d Larry ohn, Clerk CB/kd OTTER TAIL COUNTY BOARD OF COMMISSIONERS By: M Roge roemming, Board of Commissioners Chair 3/21/2006 12:33:41 OTTER TAIL COUNTY AUDITOR PANELSON RECEIPTS AND DISBURSEMENTS SYSTEM WARRANTS FOR PUBLICATION OTC Board of Commissioners' Minutes March 21, 2006 Attachment A, Page 1 1FD66 COUNTY 56 PAGE l WARR.ANTS APPROVED ON 3/21/2006 FOR PAYMENT 3/21/2006 VENDOR NAME A'VIANDS LLC AMERICAN INSTITUTIONAL SUPPLY AMERIGAS RYAN ANDERSON BEYER BODY SHOP INC BIG FOOT GAS & GROCERY ARDELL BOLLES BOUND TREE MEDICAL LLC CALL ONE INC CHECKERS CO OP SERVICES INC COOPERS TECHNOLOGY GROUP DEX MEDIA EAST DYNAMIC IMAGING SYSTEMS INC EGGE CONSTRUCTION INC CHUCK EHRENBERG FARNAM'S GENUINE PARTS INC FERGUS ELECTRIC FERGUS FALLS NEWSPAPERS INC FERGUS FALLS POLICE DEPT CITY FERGUS FALLS FERRELLGAS ELROY FINKELSON FIRST LINE MEDICAL FORCE AMERICA G & K SERVICES GALL'S INC GE CAPITAL GENE'S SPORT SHOP GR GRAPHICS INC ST LOUIS HALL GMC INC HEISLERS COUNTRY OIL HENNING AUTO PARTS INC HENNING HARDWARE DAVID HOLMGREN INSTITUTE OF LOCAL GOVERNMENT K-MART KEEPRS INC CY'S UNIFORMS KELLY SERVICES 1NC ANDREW KLINNERT KNU'fSON ELECTRIC REBUILDING KOEP'S CLITHERALL CORNER KOLP.AK LAKE REGION DENTAL CENTER LAKE REGION HEALTHCARE CORP LAKELAND MENTAL HEALTH CENTER LAKEWAY MARKET LLC LARRY 01T INC TRUCK SERVICE LOCATORS & SUPPLIES INC AMOUNT 5,038.26 199.49 438.64 218.74 23 9. 63 810.89 11.10 3 .18 25.08 167.00 4,297.28 64 9. 4 8 19. 40 53.83 127.50 119.95 61.96 88.00 6,078.31 1,540.45 60,801.80 80 .49 179.88 606.67 2,365.03 1,996.80 27.05 233 .65 479.25 1,352.37 183.44 2,466.82 20.74 261.03 78.65 102.00 46.97 855.90 2,023.06 83.10 989.56 1,714.61 84.16 182.00 1,005.50 768.00 6,313.33 515.00 464.23 OTC Board of Commissioners' Minutes March 21, 2006 Attachment A, Page 2 ------------ IFD66 COUNTY 56 3/21/2006 12:33:41 OTTER TAIL COUNTY AUDITOR PANELSON RECEIPTS AND DISBURSEMENTS SYSTEM WARRANTS FOR PUBLICATION PAGE 2 •••• WARRANTS APPROVED ON 3/21/2006 FOR PAYMENT 3/21/2006 VENDOR NAME M-R SIGN COMPANY INC-MARTIN'S PAINTING & MORE MCCOLLOUGH WELDING MCHRMA MIDWEST PRINTING CO MIDWESTERN MAT RENTAL & SUPPLY MN DEPT OF CORRECTIONS MN MOTOR COMPANY -MOORE MEDICAL CORP NANIK'S ELECTRIC NAPA AUTO PARTS NORTHERN STATES SUPPLY INC OFFICEMAX CONTRACT INC OTTERTAIL TRUCKING INC OVERHEAD DOOR COMPANY PARK REGION CO OP PENROSE OIL COMPANY PEPSIAMERICAS PERHAM CO OP CREAMERY PERHAM MEMORIAL HOSPITAL & HOM PERHAM SAND & GRAVEL PETE'S AMOCO PRO AG FARMERS CO OP QUALITY TOYOTA RAPlD CHEK INC RAY'S OIL COMPANY THE RENTAL STORE ALLEN RICKS ROYAL TIRE INC SCHOOL DIST 544 SERVICE FOOD SUPERVALU SHERWIN WILLIAMS STEINS INC TINA TUNGSETH UNIVERSITY OF MN UNIVERSITY OF MN-EXTENSION SER VACATIONLAND PLUMBING VIKING COC1'-COLA VOSS LIGHTING WADENA CO AUDITOR TREASURER WALLWORK TRUCK CENTER GARY WASKOSKY WASTE MANAGEMENT WELDING SUPPLIES & FIRE EQUIPM WEST PAYMENT CENTER ZIEGLER INC FINAL TOTAL ...... , AMOUNT 2,274.33 818.80 291.43 80.00 115 .co 60-75 400.00 331.66 66.60 52.50 382-04 1,022.06 133. 54 5,548.80 452.48 5,071.84 1,953_49 170.00 6,B63_ao 15_00 143.10 1,731.11 2,711.13 462. 77 466.47 2,019.45 129-91 59.97 1,048.43 63.01 9.90 426.56 1,202.15 83.07 16,100.00 7_QQ 430-00 106.25 496.42 499.73 1 76 .11 47.50 2,777.64 391.29 2,100.52 1,278.00 $167,540.87 •••• OTC Board of Commissioners' Minutes March 21, 2006 Attachment B, Page 1 LAND SURVEYOR'S CERTIFICATE OF CORRECTION TO THE PLAT OF ALBRECHT'S ADDITION TO NIRVANA By: Cwt1s J Stoeckel, RLS 13077 Pursuant to the prov1s1ons of Chapter 505 175 Laws of Minnesota. Curtis J. Stoeckel, the undersigned, a Reg1Stered Land Surveyor m and for lhe Stale of Minnesota, C1Bclares as follows. 1 That the plat of ALBRECHT'S ADDITION TO NIRVANA, dated July 20, i90B and filed on July 23, 1908 was prepared by a Registered Lend Surveyor who 1s new deceased 2 That the existing land descrrpt1on of said plat contains errors thus The descrrphon makes specsf1c beanng and distance calls along the shorehne of Stuart and East Battle Lake and leaves a strrp of land between lot lrnes and the lakes II also begins et the same government corner end ,n reality there are two government comers involved 3. That the following lend aesaiption hereby corrects said def1c1enc1es end was prepared from exi&t1ng plat data end that I did not perform a field survey lo determine actual locations. All of Government Loi B. Section 34 and that part of Govemmenl Lot 3, Section 35, both of Township 133 North. Range 39 West, and thal part of Government Lots 2 ana 3, Section 3, Township 132 North, Range 39 West. Otter Tail County, Minnesota. described as follows Corrvnencmg et Iha southwest comer of said Section 35: thence on an assumed bearing of EAST along the south line of said Section 35 a distance of 230 feet thence Nortt'I 48 degrees East 367 feel, thence North -43 degrees East 230 feet to the point of beglnn,ng of the !and to be descnbed, thence reversing South 43 degrees West 230 feet: thence South 48 degrees Wesl 367 feet: thence South 45 degrees West 131 feet: thence Soutn 78 degrees East 187 feel; thence South 72 degrees East 88 feet. thence South 64 degrees East 75 feet, U,ence SOUTH 48 feet more or less to the shoreline of Stuart Lake, OTC Board of Commissioners' Minutes March 21, 2006 Attachment B, Page 2 lhence westerly along said shoreline to lhe east line of Lot 27, NIRVANA. according to the recorded plal thereof, thence NORTH along said east line 80 feet more or less to the shoreline of East Battle Lake, thence northeaster1y, northerly end southeasterly along said shorehne of East Battle Lake to the 1ntersect1on or a line bearing North 29 degrees East from the point or beg1m1ng, thence Soulh 29 degrees West 392 feet more or less to the po,nt of beginning. ST A TE OF MTNNESOT A COUNTY OF DOUGLAS The forcgomg was ,ci<nowlcdgcd bcfo,c me 1his 2-7: Jd,y of ~ 20 tJZ-by Cums J Stoeckel. ~4.d?~ .... otaryPuhhc, Douglas County, MiMCSOII My commi!lS1011 expire., 1-3 J .... z..e.e,, DENNIS A. GULBRANSON IIOTAFIY PUBLIC· YIIMSOTA The above Ccn1ficatc of Corrcc.uon to the plat of ALBRECHT'S ADDITION TO NIRVANA hu been approved by ______________ _ OFFICE OF COUNTY RECORDER COUNTY OF OTTER TAIL, MINN. I hereby certify that 1he within Instrument Wl..5 filed in this offic.e for record on the __ -_ day of ____ A D 20 ____ o'clock ___ and was duly recorded 11.s Document No ___ _ County Recorder Bl -f OTC Board of Commissioners' Minutes March 21, 2006 Attachment C, Page 1 PLANNING COMMISSION FINDINGS ON EAW NEEDS DETERMINATION FOR THE CLUSTER DEVELOPMENT OF WALKER LAIJ: PRESERVE At a public heanng held on March 15, 2006, the Planning Commission of Otter Tail County considered the need for an Environmental Assessment Worksheet pnor to further acnon concerning the application for the proposed cluster development of Walker Lake Preserve. Planning Commission members present at the heanng were: Ben Olson, Chamnan, Bob Schwurtz, Les Estes, Leona Zimmerman, Rick Wilson, Joe Muske and Rod Boyer. Bill Kalar and Mnrsha Bowman of the Land & Resource Management Office were present. Michelle M. Eldien, Assisi.ant Otter Tail Count)' Attorney, was also present. The Planning Comm1ss10n received comments from Robert Russell, attorney on behalf of the developers, aJong with developers Jim Morgan and Chns TJomholm. The Planmng Comrn1ss10n also received comments from petilloners, Kathy Sntre-Wagnild, Mark Vandnesse and Tim Rundquist, anomey at law. In addillon, the Planning Comrnissrnn received items of correspondence which were summarized by Bill Kalar as conta.1mng 34 leners m favor of the EA W, and four leners against the EA W. Based on all the information presented and un observations made by the Planning Commission members, the Commission makes the followmg F1mlings of Fact, ConcJu51on and Recommendation: ---------------------. ·---. ---------- OTC Board of Commissioners· Minutes March 21, 2006 Attachment C, Page 2 FINDINGS OFF ACT I. The application submitted by Jim Morgan and Chris TJontlJolm is a proposal for a 34 unit residential cluster dcvelopmenl described as Walker Lake Preserve, within lhe shorcland area of Walker Lnkc, and said property being more part1cularly descnbed as: LOT l & E 8 AC. OF Nl/2 NWl/4 & E 4 AC. OF Nl/2 Sl/2 NWl/4 LIFE ESTATE JAMES & DORIS SCHWIEGER N 40 RODS OF LOT 2. LIFE ESTATE JAMES & DORIS SCHWIEGER Nl/2 SWl/4 EX TRS: Sl/2 Sli2NWl/4 & S 120 RODS OF LOT 2 LIFE ESTATE JAMES & DORIS SCHWIEGER II. A copy of the application and surveyor's drawing of Walker Lake Preserve is on file m the Office of Land & Resource Management Ill. Walker Lake Preserve is a proposed development intended for rcsidenual use. The land is suitable for residential land use and multi-family use. The Commission found that there may be some potential for crowding and possible miugauon could be addressed by requinng 1 ½ acres of lot area per unit. The Com.rmssion identified no specific topographical features that lhe ordinance or Minnesota Pollution Control Agency could not mitigate Spec1fically, the Commission found that the stonn water management and on-site sewage system could adequately be dealt with by the Ott~r Tail County Shoreland I Management Ordinance and the Minnesota Pol\ut100 Control Agency and Otter Tait County Lake Sewer District. The Planning Commission specifically noted that any 2 OTC Board of Commissioners' Minutes March 21, 2006 Attachment C, Page 3 potential adverse impact of such topographical alterations would be adequately mitigated. The Commission found that there would be no impact by the current usage of surround mg parcels und no impact as to the soil type. IV. The proposed development does inclu<lt: wetlands, and the Planning Commission noted that there may be some impact by the proposed project concerning the wetlands. Specifically, the area near the bndge, Lots 3 through 13, and along the south entrance road. The Commission noted that it 1s difficult to determme impact due to existing snow cover and the inability to make observations. However, the Commisswn noted that nny adverse impact to the idenhfied wetlands could be mitigated through the Condi Ilona\ Use Permit process and the Welland Conscrvat10n Act. V. The proposed development does not fall within an identifiable flood plain. VI. The proposed development would not require any forest land conversion. Vil. The Planning Commission found that there would be no adverse impact by on-site erosion. Although the Cornn11ss10n noted that there were bluffs identified on the surveyor's drawing, the proposal indicates that there would be no proposed activity in such areas. VIII. ' The Planning Commission did not idenufy any histotical sites onsite. However, it j appears that there are locations with historical sites nearby. The Commission noted that -·-----------·· -------------·--------- 3 OTC Board of Commissioners· Minutes March 21 , 2006 Attachment C, Page 4 any impact that m::iy be later idcn11fied could he m1t1g.ated through requirements on the developer under the Conditit,nal Use Permll process. as well as the State Historic Preservation Office regarding h1s1oncal sites. IX. There are no known hazards to prescn[ or furure property owner.; or ndJaccnt property owners created by the proposed project. x. There are no known hazardous or chem1cal waste disposal areas within the proposed plat. XI. The proposed development does not have the potential for significant adverse impact on plant and w1ldlife habi1at. Although the Commission noted that there is always some minimal impact with a development on WL\d\ife and plant habitat, the Commission found that II would be: no more than any other developmenL Testimony was received by the Commission concerning the possibility of bald eagle nests within lhe proposed project area. The Commissmn noted that the bald eagle is identified as an endangered species and mitigation processes are in place for the protection of such endangered species and could also be dea.Jt with through the Conditional Use Permit process. XII. ]t does not appear that the proposed plat will generate any long tenn unacceptable levels ofno1se, other than the usual noise associated with single family residences or multi•farruly residences. 4 XIII. OTC Board of Commissioners' Minutes March 21, 2006 Attachment C, Page 5 As with some other proposed devel0prnen1s, there would he some potential for additional development onsue, as the developers do own the adjacent property to the proposed pruJect. However, the potential for such development ts no more than any other proposed project and any future development must comply wnh the requirements of the Otter Tail County Shoreland Management Ordinance and Subdivision Controls Ordinance. The proposed development would have no effect on the uir quality. xv. The Conumss1on noted that lhere would be no specific adverse impact on traffic conditions That there would be no significanl adverse impact concerning the land slope, aquatic vegetation or water depth. The Commission did note that it was somewhat d1fficuh to determme the potential impact due to existing snow cover and inability to view the area. XVII. The proposed development would not have an 1mpac1 on shore aquatic cond1t1ons. xvm. The proposed plat would have minimal impact on fish and wildlife habitat. However, in companson 10 other developments, LI would be m1mmnl based on centtahzed : .. --·-·-·----·--------------L-- 5 OTC Board of Commissioners· Minutes March 21 , 2006 Attachment C, Page 6 docking and the maximum of :R boat slips. The Commission dtd receive some 1esumony concemmg a fish hatchery m the area, but noted 1hat there w.1s no 1dent1fiab\e impact. XIX. There are no identified or knC1wn endangered or thre111encd special concern species of aquatic, animal or plant life identified, but the Commi~sion noted that it was 1mpossib\e to determine due 10 existing ice cover. xx. There are no specific haz11rds identified w11h1n the proposed development. However, the Comm1ssmn d1d receive some testimony ns to boat traffic increase by the proposed project. and !.Orne hazard to swimmers m the area CONCLUSION The Planning Commission found that because of snow cover and other conditions mo.king it dtfficu)t to view the entire proposed project, the project may have the potential for sigruficam adverse impact as to histoncal sues, the wetlands, wildlife and habitat on land and water, the density of the lot sizes, noise level and water depth. The potential for any significant adverse impact as to each of the areas was addressed by the Planning Conumssion. The Commission found that the concerns could be mitigated by later processes through the Conditional Use Pennit process and other forums. A motion was made by Bob Schwartz that lhc Environmental Assessment Worksheet on the proposed development was not necessary (Negative Declaration). Said motion was seconded by Joe Maske, and said motion carrfed. Ben Olson, Chairman, opposed said motion. 6 RECOMMEND,\TION OTC Board of Commissioners' Minutes March 21, 2006 Attachment C, Page 7 Thus, the Oner T111l County Planning Comm1ss1on recommends tt• lhe Oner Tail Coumy Board ofC'omm1ss1oners thut an Env1ronmemal Assessment Workshee1 for the proposed cluster Uevelopmem of Walker Lake Pre~erve is not necessary. Submilted by: Bert Olson, Chairman Oner Tail County Planrung Comm,ssrnn ----------------------------___ _....,__ ___ ---- 7