HomeMy WebLinkAboutBoard of Commissioners - Minutes - 01/08/2008MINUTES OF THE
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Government Services Center, Commissioners' Room
500 W. Fir Avenue, Fergus Falls, MN
Tuesday, January 8, 2008
9:30 a.m.
Call to Order
Pursuant to Minnesota Statute, the Otter Tail County Human Services Board convened Tuesday,
January 8, 2008, at 9:30 a.m. at the Otter Tail County Government Services Center with
Commissioners Dennis Mosher, Roger Froemming, Bob Block, Everett Erickson, and Syd Nelson
present.
Year 2008 Otter Tail County Human Services Board Chair
County Coordinator, Larry Krohn, requested nominations for CY2008 Otter Tail County Human
Services Board Chair. Motion by Mosher, second by Froemming, and unanimously carried to elect
Commissioner Syd Nelson as the Otter Tail County Human Services Board Chair for 2008.
Year 2008 Otter Tail County Human Services Board Vice-Chair
Chairman, Syd Nelson, assumed the chair and requested nominations for CY2008 Otter Tail County
Human Services Board Vice-Chair. Motion by Froemming, second by Mosher, and unanimously
carried to elect Commissioner Everett Erickson as the Otter Tail County Human Services Board Vice-
Chair for 2008.
Approval of Agenda
Motion by Froemming, second by Erickson, and unanimously carried to approve the Human Services
Board agenda of January 8, 2008, with the following change:
9:50 a.m. -Cancel Public Health Director's Agenda Items
Approval of Minutes
Motion by Erickson, second by Block, and unanimously carried to approve the Human Services Board
minutes of December 26, 2007, as presented.
Approval to Pay Bills & Claims
Motion by Mosher, second by Froemming, and unanimously carried to approve payment of the
Human Services bills and claims as presented.
DWI Court Positions
Probation Director, Chuck Kitzman, reported that $66,000 in grant funds have been received by Otter
Tail County for the DWI Court Program. Mr. Kitzman briefed the Board on two DWI Court positions
that he will need to hire. Motion by Mosher, second by Erickson, and unanimously carried to
authorize the Probation Director to proceed with the hiring process for the part-time DWI Court
Surveillance Officer Position at compensation Grade 13 and to approve the position description as
submitted. Motion by Block, second by Froemming, and unanimously carried to authorize the
Probation Director to proceed with the hiring process for a part-time Probation Officer for the DWI
Court Program when needed.
Human Services Labor Management Committee
Human Services Director, John Dinsmore, presented a handout with details of accomplishments
during 2007 and goals and priorities for 2008. Mr. Dinsmore discussed details of entering data on
laptops for public health nurses and social workers at remote locations. A grant, in the amount of
$15,000, has been received through Medica for purchase of 10 computers for this application. He
further discussed Telecommuting as the Human Service LMC's No. 1 goal, which will require
development of procedures and policies.
OTC Board of Commissioners' Minutes
January 8, 2008
Page 2
Performance Standards & Strategic Planning
Mr. Dinsmore provided Performance Standards and Strategic Planning Packet for 2008 -2012
including proposed Human Service System Outcome Measures, Key Strategic Planning Issues
(draft), and Agency Information Technology Strategic Plan. The packet includes 21 goals in 10
program areas.
Human Services Contracts
Motion by Froemming, second by Block, and unanimously carried to authorize the Chairman's
signature to execute the following Human Services Contracts:
Agency Program Contract Targeted Funding
Period Population
Blue Sky, Inc. Semi-independent 01/01/2008 Persons with MR Unit Cost -$34.60 per hr.
Living Services through or related County of Financial
(SILS\ 12/31/2008 conditions Resoonsibilitv -SILS Grant
The Social Social Club Activities 01/01/2008 Adults with Max payment of $72,805
Connextion through Serious and using SCOW Initiative Funds
12/31/2008 Persistent Mental
Illness
Permanent Concurrent Planning 01/01/2008 Children requiring $23.34 per day per child with
Family Resource Foster Care through concurrent foster difficulty of care rates
Center 12/31/2008 care placement established by OHS -County
of Financial Responsibility
Blue Plus Minnesota Health 01/01/2008 Elderly County of Financial
Maintenance (MSHO) through Responsibility
Care Coordination 12/31/2008
Lakeland Mental Adult Case 01/01/2008 Adults with MA rate -$236.95/mo. Non-
Health Center Management through Serious and MA rate -$67.72 per hr with
12/31/2008 Persistent Mental clinical supervision rate of
Illness $79.00 per hr. CMH block
grant and local county dollars
fund non-MA rate
Lakeland Mental Children's Case 01/01/2008 Children with MA rate -$442.90/mo. Non-
Health Center Management through Serious and MA rate -$88.58 per hr with
12/31/2008 Persistent Mental clinical supervision rate of
Illness $79.00 per hr. CMH block
grant and local county dollars
fund non-MA rate
Lakeland Mental Outpatient Mental 01/01/2008 Adults & Children Eligibility of client determined
Health Center Health Services through with Serious and by the Agency's Community
12/31/2008 Persistent Mental Social Service Plan
Illness
Lakeland Mental Children's 01/01/2008 Children $339,897 -County of
Health Center Therapeutic Support through Financial Responsibility and
Services ICTSSl 12/31/2008 MA
Lakeland Mental Community Support 01/01/2008 Adults & Children Max of $242,050 -Rule
Health Center Program & Rehab through with Serious and 78/CSP Grant & County
Options 12/31/2008 Persistent Mental Dollars
Illness
Productive Day Training & 01/01/2008
Alternatives, Inc. Habilitation Services through
(Willows) 12/31/2008
Productive Day Training & 01/01/2008
Alternatives, Inc. Habilitation & through
(Waivered) Supported 12/31/2008
Emolovment
Productive Detox and Holds 01/01/2008
Alternatives, Inc. through
Detox & Holds 12/31/2008
St. Williams Community Support 01/01/2008
Training (CSP) through
12/31/2008
OTC Board of Commissioners' Minutes
January 8, 2008
Page 3
Persons with MR Full Day-$108.72
or related Part Day -$81.53
conditions Transportation -$10.56
Waivered Funding
Persons with MR State Waiver Dollars
or related
conditions
Chemically $320.00 per day for non OTC
Dependent clients. $200,000 for life of
Individuals contract -County of Financial
Resoonsibilitv
Adult Mental Not to exceed $49,344 &
Health additional funding of $19,507
from Adult MH Initiative
Motion by Mosher, second by Erickson, and unanimously carried to authorize the Chairman's
signature to execute the following 2007 Amendments to the Adult Foster Care Provider Contracts
effective October 1, 2007, which provide for a 2% increase in reimbursement rates as set by the State
DHS:
Alice Karst, Fergus Falls, MN
Terri & Duane Haugen, Perham, MN
Tamarac Place, LLC, Pelican Rapids, MN
Adjournment
At 10:35 a.m., Chairman Nelson declared the meeting of the Otter Tail County Human Services Board
adjourned until 9:30 a.m. on Tuesday, January 22, 2008.
Dated: -~6=1-+/-2-=z..._../a-8~-----OTTERT
Attest: ~ d
LarryKr n, Clerk
Call to Order
The Otter Tail County Board of Commissioners convened Tuesday, January 8, 2008, at 11 :00 a.m., at
the Otter Tail County Government Services Center with Commissioners Syd Nelson, Chair;
Everett Erickson, Vice-Chair; Bob Block, Roger Froemming, and Dennis Mosher present.
Approval of Agenda
Motion by Froemming, second by Block, and unanimously carried to approve the County Board
agenda of January 8, 2008, as mailed.
Approval of Minutes
Motion by Mosher, second by Froemming, and unanimously carried to approve the County Board
minutes of January 2, 2008, as presented.
OTC Board of Commissioners' Minutes
January 8, 2008
Page 4
Approval to Pay Bills
Motion by Froemming, second by Block, and unanimously carried to approve payment of the County
Board bills per Attachment A of these minutes.
Cohort Leadership Group
Brian Armstrong and other members of the Cohort Leadership Group discussed, with the Board, the
training sessions they participated in over a period of time that included 8 full day sessions with 1
follow-up session and a critique of the program. Mr. Armstrong explained that this was not
supervisory training; rather, training in leadership and understanding that you can be a leader without
being a supervisor. The program was provided by the Association of Minnesota Counties, who train
future leaders in County Government. The Cohort Group requested funding to bring this training to
Otter Tail County. There will be 20 positions with at least 1 representative from each department with
a presentation of what each department does in conjunction with the Right to Know Training. Motion
by Block, second by Erickson, and unanimously carried to approve, up to $10,000.00, for Cohort
Leadership Training for CY2008, to be paid out of the General Fund.
Compensatory Time to Post Employment Health Plan Accounts
Auditor, Wayne Stein, presented a plan to correct PERA calculations and Federal, State and
FICA/Medicare taxes as it relates to compensatory time funds that have been put into Post
Employment Health Plan Accounts during CY2007. The County Board endorsed Mr. Stein's plan to
correct the identified errors.
Operating Transfer of Funds
Motion by Mosher, second by Erickson, and unanimously carried to approve an operating transfer, in
the amount of $192.78, from the General Fund to County Drainage System No. 25 to cover the cost of
the outlet hearing advertisement which exceeds the available fund.
Legal Notices, Publications and Commissioners' Minutes
After previously advertising for bids to be received for printing and publishing of the county board
minutes, legal notices, delinquent tax list and county's annual financial statement, the County Auditor
opened the following bids:
Legal Notices, Publications and Commissioners' Minutes:
Daily Journal $13.15 per S.A.U.
Annual Financial Statement
Parkers Prairie Independent
Review Enterprises, Inc.
Delinquent Tax List
Citizens Advocate
Citizens Advocate
First Publication
Second Publication
First Publication
Second Publication
$13.15 per S.A.U.
$12.69 per S.A.U.
$13.15 per S.A.U.
$ 8.18 per S.A.U.
After consideration, motion was made by Block, seconded by Froemming, and unanimously carried to
designate the following papers for Otter Tail County's 2008 publishing and printing requirements with
the exception of the official publication for highway project advertisements for bids, which will be
posted to the Otter Tail County website as authorized by Minnesota Statute 331A.12 Subdivision 2:
Legal Notices, Publications and Commissioners' Minutes:
OTC Board of Commissioners' Minutes
January 8, 2008
Page 5
Daily Journal $13.15 per S.A.U.
Annual Financial Statement
Parkers Prairie Independent
Review Enterprises, Inc.
Delinquent Tax List
Citizens Advocate
Citizens Advocate
First Publication
Second Publication
First Publication
Second Publication
Delinquent Tax List Fee
$13.15 per S.A.U.
$12.69 per S.A.U.
$13.15 per S.A.U.
$ 8.18perS.A.U.
Motion by Mosher, second by Erickson, and unanimously carried to set the cost assessed to
delinquent real estate parcels that are published in the Delinquent Tax List at $37.50 per parcel per
M.S. 279.092.
Payment Approval
Motion by Erickson, second by Froemming, and unanimously carried to approve payment, in the
amount of $3,644.50, from the Capital Improvement Fund to Young & Associates for professional
services provided to Project No. 0601 (Chemical Dependency Health Center).
Premise Permit
Otter Tail County Resolution No, 2008 -05
Commissioner Mosher offered the following and moved its adoption:
WHEREAS, the responsibility for the regulation of lawful gambling and the issuance of licenses and
permits for the conduct of lawful gambling lies with the Minnesota Gambling Control Board; and
WHEREAS, the Fergus Falls Hockey Association, Fergus Falls, MN, has made an application to the
Gambling Control Board for the purpose of conducting lawful gambling at the Graystone On Ottertail,
Inc., located at 35776 County Highway 72 in Everts Township of Otter Tail County; and
WHEREAS, Minnesota Statute 349.213 provides that the Gambling Control Board may not issue a
premise permit unless they receive a resolution from the Otter Tail County Board of Commissioners
approving the application for a permit; and
WHEREAS, the Otter Tail County Board of Commissioners is aware of no reason to oppose the
conduct of lawful gambling by the Fergus Falls Hockey Association, Fergus Falls, MN, at the
Graystone On Ottertail Inc., located at 35776 County Highway 72 in Everts Township of Otter Tail
County.
NOW, THEREFORE, BE IT RESOLVED, that the Otter Tail County Board of Commissioners hereby
approves the conduct of lawful gambling by the Fergus Falls Hockey Association, Fergus Falls, MN,
at the Graystone on Ottertail Inc., located at 35776 County Highway 72 in Everts Township of Otter
Tail County, provided the applicant meets all the necessary criteria for the licenses and permits as
required by the Gambling Control Board.
IT IS FURTHER RESOLVED, that notice of this application and approval shall be provided to the
Township of Everts by sending them a copy of this resolution.
OTC Board of Commissioners' Minutes
January 8, 2008
Page 6
Commissioner Block seconded the motion,. and upon being put to a vote, the resolution was
unanimously adopted.
Adopted and signed this 8th day of January 2008.
Dated: 0 I/ 1£/08 r I IL COUNTY BOARD OF COMMISSIONERS
Attest: __ _,=/-= ·:.:i--..:;d-l""""""'--'---
Larry ~ Clerk
Property Sale -US Bank Building
Motion by Erickson, second by Mosher, and unanimously carried to approve an advertisement for
Property Sale of 225 W. Cavour Avenue, Fergus Falls, MN, with sealed bids to be received by Friday,
February 1, 2008, and the Bid Opening scheduled at 1 :30 p.m. on Tuesday, February 5, 2008, at the
Government Services Center in Fergus Falls.
Ditch No. 16
Motion by Froemming, second by Mosher, and unanimously carried to appoint the following Ditch
Viewers to work on the redetermination process for Ditch No. 16: Howard Geese, Elder Kugler, and
Richard Bergquist. The County Attorney will write an Order for the Ditch Viewers to proceed with the
Redetermination of Benefits for this Drainage System.
Recess & Reconvene
At 12:06 p.m., Chairman Nelson declared the meeting of the Otter Tail County Board of
Commissioners recessed for lunch break. The meeting was reconvened at 1 :00 p.m.
Highway Department Wetland Bank Credits
Motion by Mosher, second by Froemming, and unanimously carried to increase the cost of Wetland
Restoration credits to $.25 per credit, as recommended by the Highway Engineer. This would occur
when the Otter Tail County Highway Department sells land to other entities for wetland restoration
purposes.
Snowplow Equipment
Motion by Erickson, second by Block, and unanimously carried to approve purchase of snowplow
equipment for 4 trucks from J-Craft of Lake Crystal, MN, in the amount of $96,283.46 per unit under
State Contract 438588.
Solid Waste Haulers
Motion by Froemming, second by Block, and unanimously carried to approve the following Solid
Waste Haulers' licenses·
Ballard Sanitation Big Red Boxes City Dray Sanitation
Pelican Raoids, MN Ferous Falls, MN Wadena, MN
Corrie's Sanitation Denzel's Region Waste Fuch Sanitation
Carlos, MN Dalton, MN Glvndon, MN
Ken Saurer Garbage Metro Disposal Minn-Kola Recycling
Clitherall, MN Farao, ND Faroe, ND
Ottertail Trucking Steve's Sanitation Stockman's
Feraus Falls, MN Perham, MN Glencoe, MN
Toutges Sanitation Waste Management, Inc. Waste Management, Inc.
Hennina, MN Alexandria, MN Detroit Lakes, MN
Waste Management, Inc. West Central Roll-Off
Milwaukee, WI Vinina, MN
-------------
Calendar Year 2008
OTC Board of Commissioners' Minutes
January 8, 2008
Page 7
Board of Commissioners' Committee Appointments
Motion by Erickson, second by Block, and unanimously carried to adopt the committee appointments
as submitted by Chairman Nelson.
AMC Delegates Five Seated Commissioners
County Coordinator
County Attorney
HiQhway EnQineer
Natural Resources Committees:
Judicial Ditches Mosher
Erickson
Noxious Weed Appeal (statutory) Erickson -West
FroemminQ -East
Shoreland Rules Revision Committee Block
Soil & Water Conservation District (EOT) Nelson
Soil & Water Conservation District (WOT) Mosher
Financial Committees:
Budget/Audit Committee Froemming
Nelson
Capital Improvement Committee Mosher
Froemming
Investment Committee Erickson
Mosher
Facilities:
Building Committee (statutory) Nelson
Block
Criminal Justice Planning Advisory Committee Block
Erickson
Personnel Related Committees:
Personnel Committee Mosher
Erickson
Labor ManaQement Committee Block
Public Health Labor ManaQement Committee Block
Human Services Labor Manaaement Committee FroemminQ
Deoartmental Policy Committees:
Courtroom Security Committee Mosher
Employee Safety Committee Froemming
Extension Committee (statutory) Nelson
Mosher
Highway Committee Mosher
Nelson
Land & Resource Committee Block
Erickson
Optional Forms of County Government Mosher
Erickson
Solid Waste Committee
Froemming
Erickson
Block
Technoloav Committee Erickson
OTC Board of Commissioners' Minutes
January 8, 2008
Page 8
Board Appointments to other Organizations:
Agriculture Advisorv Reoresentative
Area Transportation Partnership Committee (WCll
Community Health Services (CHS) Advisory Board
County Solid Waste Coordinating Committee for
Perham Resource Recoverv Facilitv
Family Services Collaborative Executive Committee
Lake Region Community Partners
Lakeland Mental Health Center
Law Librarv lstatutorv)
Minnesota Rural Counties Caucus (MRCC)
Otter Tail/Wadena Communitv Action Council
Transportation Advisory Committee (TAC)
(Reaional MnDOT determines ooen seatsl
West Central Area Agency on Aging (WCAAA)
Land of the Dancina Skv
West Central MN EDD /economic development)
WCR Juvenile Center Advisory Board
WCR Treatment & Correctional Steering Committee
(TCSC)
800 Megaheartz Radio Joint Powers Board
Employees' Committee Request
Nelson
Nelson
Diane Thorson
Alternate -Froemming
Froemming
Block
Nelson
Nelson
Block
Block
Froemmina
Delegate -Nelson
Alternate -Froemmina
Nelson
Nelson
Block
Nelson
Nelson
Alternate -Chuck Kitzman
Erickson
Block
Alternate -Froemmina
Motion by Froemming, second by Mosher, and unanimously carried to approve an expenditure of
$880.46, for the Employee of the Month jackets and Years of Service Certificates for 2007. The
Funds will be transferred from the Commissioners Fund to the Employees' Committee Fund.
Consideration of Amendment to the Shoreland Management Ordinance
Public Hearing -1 :30 p.m.
Introduction -
At 1 :30 p.m., Chairman, Syd Nelson, opened the Public Hearing for comments regarding proposed
revisions of the Otter Tail County Shoreland Management Ordinance (SMO). Commissioners Nelson,
Erickson, Block, Mosher (present until 4:09 p.m.) Froemming (present until 3:45 p.m.) and County
staff were present along with 75 members of the public as identified by signature on the Attendance
Roster. Chairman Nelson called upon Land & Resource Administrator, Bill Kalar, to review the
proposed revisions. He noted that comments would be received as revisions were discussed.
Opening Remarks -
Bill Kalar referred to a document entitled "Shoreland Management Ordinance of Otter Tail County
Listing of Proposed Changes" (Draft 11-28-07). The document was provided to the public.
Written Communications -
OTC Board of Commissioners' Minutes
January 8, 2008
Page 9
Written communication was received and provided to the County Board prior to the Public Hearing
from the following individuals:
Roger Neitzke
Justine M. Kingham
Terry Colton
Continued Opening Remarks -
East Silent Resort, Brian Leonard & Family
Harriet Reed
A.H. Moenkedick
Otter Tail County Attorney, David Hauser, stated that the Otter Tail County Board of Commissioners
has the Statutory Authority to enact ordinances and is required to have a Shoreland Management
Ordinance. In order to amend the SMO, there is a process that requires a Public Hearing, which
gives the public an opportunity to comment on the proposed changes. The County Board could
continue the Public Hearing to a later date, close the Public Hearing, and/or make adjustments to the
proposed amendments. Before the revisions are enacted, the Board must conduct a Public Hearing
and the Ordinance must be published.
Public Discussion -
Bill Kalar noted that potential revisions to the SMO began about 4 years ago, which began with a
moratorium and resulted in considerable public input. The draft of 11-28-07 is a list of potential
changes that the County Board indicated they would consider. The following is a summary of the
proposed changes as presented by Mr. Kalar and corresponding public comments:
Definition -Access Lot:
• Bob Russell questioned the buildable area requirement and application.
Definition -Resort: (from Alternative Standards)
• Mike Pendy of Four Seasons Resort -opposed to proposed definition of Resort that limits
use of a dwelling unit for more than 30 days in a calendar year.
Definition -Duplex Lot:
• Stu Peterson questioned the language of the definition.
Definition -Controlled Access:
• Bob Russell stated that the definitions for Access Lot and Controlled Access are
inconsistent. Controlled Access definition should be limited to non-riparian lots.
Definition -Impervious Surface -this definition was taken out of the State Alternative Shoreland
Standards:
• Paul Jenson -opposed to including permeable pavers, which was not included in the
previous definition. He stated that permeable pavers cut against the understanding of
impervious and asked that the product, Ecostone, be accepted as well. He asked for a
study to support the inclusion of these pavers and stated that many counties are accepting
Ecostone. Bill Kalar responded that this is proposed to clarify the County's position as
there is no assurance of long term poracity with Ecostone and there are concerns with the
overall permeability and aesthetics, as well as "copy cat" products. Mr. Jenson referred to
a University of Minnesota study and contested the word permeable pavers without
accepting State of Minnesota products.
• Gene Miller requested review through design process regarding permeable pavers rather
than including all pavers as Impervious Surface.
OTC Board of Commissioners' Minutes
January 8, 2008
Page 10
Definition -Resorts:
• Jim Leyde, United Sportsman Club on Dead Lake, asked for inclusion of non-profit clubs
into this definition.
• Terry Colton, Resort Owner -remove limitation of 30 days usage in calendar year -too
economically limiting for use of property.
Discussion occurred regarding the County's position that if a Resort is not operated as the definition, it
is then not a Resort, but a Cluster Development. Discussion and disagreement also took place
regarding the opinion of the Statewide Resort Association as it relates to approving this definition.
• Terry Colton expressed concern on how you prove and/or control the 30 day limitation.
• Brian Leonard agreed with Mr. Colton. There is an economic need to be creative for
resorts as far as ownership is concerned. He expressed that this limitation would result in
continued loss of resorts.
• Mike Pendy -a small resort of 8 cabins or less cannot cash flow and won't cash flow in the
future with this Resort definition language and it limits sale to anyone except a developer.
• Representative of Fair Hills Resort -Fair Hills has elderly ladies that stay for more than 30
days and as a member of the Minnesota Resort Campground Association never heard any
discussion about this Resort definition. Urged that this can be changed before final stages
of enactment.
Definition -Scale Drawing:
• Steve Langlie -Scale Drawing definition includes easements -it would be very difficult to
include public utilities.
Mr. Kalar responded that the intent is to include roads that go across properties, not utilities -
language needs to be clarified/re-defined.
Definition -Setback:
• Wayne Johnson -opposed to using eaves for measuring setback to septic systems and
drain fields -who is liable if the system is installed and the homeowner changes the roof
line?
• Mel McGowan -too many problems with measuring from eaves. The eave/roof structure
is not always known when a site permit is obtained -if update septic system and 10 ft.
current setback -would you be required to remove the tank?
Definition -Sewage Treatment Area: Mr. Kalar explained that the rules require 2 septic system sites
for new lots and the County is proposing to expand the current rule to require identification of sites by
someone trained and licensed in septic system design.
• Dale Menze -questioned language including "future additional sites".
• Steve Langlie -would like this requirement for identification of septic system sites, by
letter, after initial approval but, before Final Plat approval, for economic reasons.
• Wayne Johnson -opposed to minimum sq. footage for septic system sizing in the chart
when requiring a licensed designer to mark the site.
• Brad Nyberg -opposed to staking out septics in case an owner wants to place the septic
system in a different, suitable spot.
• Gene Miller -concerned with anti-development language. Sewage system design is for
soils not the lake -why different for different lakes? Requested this be looked at upon
review.
OTC Board of Commissioners' Minutes
January 8, 2008
Page 11
• Mel McGowan -size of drain field should not matter on what lake -goes by number of
bedrooms, soils, etc.
• Dale Menze -language is too stringent. Sometimes land is subdivided with no idea of
building. Language should be appropriate for designer.
Definition -Setback:
• John Olson -questioned compliance if an individual put a new roof on -some cabins and
homes wouldn't be compliant with the new rule. Would this be grandfathered in?
The County Attorney responded that it would be grandfathered in as ii exists.
• John Olson -expressed concern with language -can the setback between house and
tank be a reason to make the system non-compliant -this creates issues with updating.
• Steve Langlie -setback needs better explanation.
• Gene Miller -concern with changing architecture -you will create buildings with no
overhang. Give design options -storm water plan if go right up to the setback line.
• Marv Hanson -suggested not following the same setback rules for lot lines and septic
systems -keep septic systems setback measured from the foundation.
Definition -Tower:
• Rick Baker -questioned reason for 35 ft. height limitation.
Definition -Structure:
• Bob Russell -questioned the proposed definition of structure.
• Mr. Russell also expressed dissatisfaction that the proposed SMO changes do not include
guidance for developers before going to the Planning Commission.
• A comment was made to look at current sewage sanitation systems rather than worry
about new development -better for water quality in the County.
Definition -Shore Impact Zone:
• Mike Harris -opposed to the 50 ft. setback for ag land and expressed this as a disparity in
general, good water preservation and should be the same as other use setbacks.
• Dale Menze -agreed with the definition including the 50 ft. ag setback and did not want
this changed. ·
• Steve Langlie -no date under the SIZ definition.
Definition -Vegetative Strip:
• Mike Harris -concerned with language "maintained in all subdivisions created" -would
cluster developments that do not require a division of land be exempt from this provision?
State law and this ordinance would be placed at odds.
• Terry Colton -concern with noxious and invasive weeds, buckbrush and poison ivy. This
is short term solution for long term problem.
• Mike Pendy -language is too broad and ambiguous. Would buildings need to be moved
to get the vegetative strip? Needs to be spelled out so everyone knows what will be
expected with new subdivisions or old resorts that could be considered new subdivisions.
OTC Board of Commissioners' Minutes
January 8, 2008
Page 12
Page 7 -Dropping the language of backlots of no less than 5,000 sq. ft:
• Steve Langlie -opposed to deleting this language from the ordinance. Backlots of 5,000
sq. ft. have served a good purpose and gave people a place to put garages or sheds.
Non-residential backlots helps with 3rd tier development and there is no problem to leave
the language.
• Additional comment to keep the existing language for backlots to be permanently attached
to existing lots.
Page 7 & 8 -General Requirements -3. Shoreland Alterations:
• Stu Peterson -use consistent language; "existing topography" is used in 3.B and "natural
topography" in 3.D.
Page 8 -Stormwater Management:
• Gene Miller -Item 4 needs clarification as far as definition of easement, and again in
Item 6 (impervious asphalt and impervious easement).
• Mike Pendy -opposed to Item 4 when right of way goes through a property for impervious
surface calculations.
Page 8 -Subdivision Provisions: B -suggesting that all lots created on shoreland areas must be
made by plat because of problems with metes and bounds descriptions.
•
•
•
•
•
•
•
•
•
•
Steve Langlie, Anderson Land Surveying -Disagree with doing away with metes and
bounds parcels because it is less intrusive to have property in 5 acre pieces rather than
forcing platting and ending up with far more subdivisions. The Planning Commission will
not have time and just an existing farm site would need to be platted.
Dale Menze -keep metes and bounds -the platting process is much too arduous to plat
everything.
Charlie Kirchenwitz -agree with 5 acres and also wants to keep the additional 5,000 sq. ft .
backlots option.
Brad Nyberg -Keep metes and bounds. If a farmer wants to give 5 acres to a family
member, it costs about $7,000 whereas, metes and bounds is about $1,500 and can be
completed in 1 month. Subdivision is a long process and there is no harm in 5 acre plats.
Rod Boyer from the Planning Commission commented not to overlook that this is in the
shoreland area only.
Dale Menze -5 acres will impact the lake less -what you have now is working. There is a
lot of property that touches that 1,000 ft. SMO mark. Cost and time is huge from personal
experience of spending 1 ½ yrs getting a plat done.
Terry Colton -keep metes and bounds current provision because 5 acres is better
environmental preservation than too many subdivisions and better economically.
Comment that there is no substitute for common sense and good judgment. The problems
doing away with 5 acre lots will cause is economic, and down the road, the County will pay
the price as we are affecting our kids and grandkids. Concern was expressed for the
people and small businesses this will affect in the County. The individuals closer to the
lake spraying for dandelions and fertilizer are more detrimental to the environment than the
people on the backlots.
Suggestion to handle metes and bounds differently if there are road access issues .
Tim Moore -against 5 acres with separate driveways. Could do away with metes and
bounds if plat process was easier and didn't take so long.
OTC Board of Commissioners' Minutes
January 8, 2008
Page 13
• Dale Menze -not all subdivisions are for the purpose of building.
• Steve Langlie -no problems with the current 5 acre plats. There are some old problems,
but correct that with guidelines to the 5 acre metes and bounds. Becker County has a
system to sign off and not go through Planning Commission.
• Mike Phister -I am currently doing a 5 acre metes and bounds in a different county and it
is reviewed in the zoning office as an administrative subdivision with soil test, legal access
and basic requirements. Cost is 113rd but still makes sure of a buildable site.
• Steve Langlie -concern was expressed if parcels have already been surveyed and are for
sale but not recorded.
• Terry Colton -would a 13 acre duck slough need to be platted? An affirmative response
was given if within the shoreland zone.
• Adam Menze -against getting rid of 5 acre metes and bounds
Continued Public Discussion on various proposed revisions -
• Jim Leyde -United Sportsman Club Member, addressed provisions exempting resorts
from having to get a Conditional Use Permit when changing structures. Requested that
private organizations be viewed the same way as Resorts and to require only a site permit
when changing structures.
• Cheryl Harris -If private clubs get the same exemption, then they should be licensed, pay
insurance, and be inspected.
• Mike Pendy -Concern that proposed changes do not include exemptions for Resort
conversions.
• Perry Coleman -requested ability to use additional dwelling (tent, camper) for 10 days
instead of 3.
• Brian Leonard -SMO 11. C (3) -Cluster Developments: Language is vague and other
counties don't have any language like this.
• Steve Lang lie -Page 10 13 (a) Exemptions: question on road authority
Motion by Erickson, second by Block, and unanimously carried to continue the Public Hearing for
Consideration of Amendments to the Shoreland Management Ordinance until 1 :00 p.m. on Tuesday,
January 15, 2008.
Adjournment
At 4:15 p.m., Chairman Nelson declared the meeting of the Otter Tail County Board of Commissioners
adjourned until 9:30 a.m. on Tuesday, January 15, 2008.
Dated: o ,I /c; Io 'K -~......,,,-,..........,.,~~---
Attest ~~~ LarryKrn ~. Cerk
CB/kd
BOARD OF COMMISSIONERS
OTC Board of Commissioners' Minutes
January 8, 2008
Attachment A, Page 1
WARRANTS APPROVED ON 1/08/2008 FOR PAYMENT 1/08/2008
VENDOR NAME
A'VIANDS LLC
ABG MAINTENANCE INC
AMC
AMEM
AMERIGAS
ARVIG COMMUNICATION SYSTEMS
AUTO VALUE FERGUS FALLS
AUTO VALUE WADENA
BEN HOLZER UNLIMITED
BLUESTONE TECHNOLOGIES INC
BOB'S STANDARD BULK SERVICE
BOND TRUST SERVICES CORP
BRANDON COMMUNICATIONS INC
JOHN BUSHMAN
CG PROPERTIES
DOUG CANNELL
CARR'S LAKE COUNTRY SUPERMARKE
COOPERS TECHNOLOGY GROUP
EAST SIDE OIL COMPANIES
EVERTS LUMBER CO
FARGO FREIGHTLINER
FARNAM TIRE CENTER
FERGUS ELECTRIC
FERGUS FALLS NEWSPAPERS INC
FERGUS FALLS POLICE DEPT
CITY FERGUS FALLS
FERGUS POWER PUMP INC
FERGUS TIRE CENTER
FERRELLGAS
FOTH & VAN DYKE
GALL'S INC
GEOCOMM
GR GRAPHICS INC ST LOUIS
MARK HAUGE
HEDAHLS HEADQUARTERS
INFORMATION SYSTEMS CORP
INNOVATIVE OFFICE SOLUTIONS
RODNEY JENSEN
KELLY SERVICES INC
KOEP'S CLITHERALL CORNER
LAKEWAY MARKET LLC
LARRY OTT INC TRUCK SERVICE
PATLARUM
LITTLE BEAR TOWING
M & I LOCKBOX MCCC
MANNY'S -ROCKY'S BAIT
MARCO
MATTHEW BENDER & COMPANY INC
MCCC Ml 33
JACKIE MCGRAND
MERICKEL LUMBER & ACE HARDWARE
THE MIDWEEK
MIDWESTERN MAT RENTAL & SUPPLY
MN ASSOC OF TOWNSHIPS
MN DEPT OF AGRICULTURE
MN MOTOR COMPANY
AMOUNT
12.00
90.53
20.00
100.00
550.10
200.00
192.30
13.21
20.02
9,000.00
129.64
1,350.00
265.19
14.07
1,061.20
59.98
1,752.88
542.23
30.00
27.88
17.30
50.00
2,099.57
7,750.66
610.38
7,336.40
1,760.00
2,613.26
53.40
49,082.14
24.97
3,300.00
433.65
126.89
4.15
845.00
4,948.27
297.44
489.14
402.60
5,657.71
925.00
117.40
74.55
775.00
1,479.08
462.20
771.55
15,183.02
142.50
52.72
117.60
94.20
15.00
10.00
260.35
OTC Board of Commissioners' Minutes
January 8, 2008
Attachment A, Page 2
MN STATE AUDITOR
MN TRANSPORTATION ALLIANCE
MOCIC
MODERN INFORMATION SYSTEMS INC
NELSON DODGE GMC
NEW YORK MILLS HERALD
OFFICE DEPOT
OFFICEMAX CONTRACT INC
OTIS ELEVATOR CO
OTTER TAIL CO EMPLOYEES COMMIT
OTTER TAIL CO TREASURER
OTTER TAIL POWER CO
OTTER TAIL TELCOM
OTTERTAIL TRUCKING INC
OVERHEAD DOOR COMPANY
PEBBLE LAKE TAKE 5
PELICAN RAPIDS PRESS
PEPSIAMERICAS
PERHAM CO OP CREAMERY
PERHAM ENTERPRISE BULLETIN
PERHAM PRINTING & SUPPLY
CITY PERHAM
PETE'S AMOCO
PHELPS FAMILY FORD
PITNEY BOWES GLOBAL FINANCIAL
REED BUSINESS INFORMATION
SCOTT HOFLAND CONSTRUCTION INC
SERVICE FOOD SUPERVALU
SEWER SERVICE
PAUL SIMENGAARD
SIMPLEXGRINNELL LP
ST JOSEPH EQUIPMENT INC
LAYNE STENSLIE
STRAND ACE HARDWARE
STREICHERS
THYSSEN KRUPP ELEVATOR CORPORA
TITAN MACHINERY
TRI STAR RECYCLING
UGSTAD PLUMBING INC
UNIFORMS UNLIMITED
VEOLIA ENVIRONMENTAL SERVICES
VICTOR LUNDEEN COMPANY
VIKING COCA-COLA
WASTE MANAGEMENT
YELLOW PAGE DIRECTORY SERVICES
210 LUBE EXPRESS
•••• FINAL TOTAL ...... .
1,036.12
4,085.00
200.00
800.00
1,864.30
96.69
297.00
219.93
101.91
135.00
235,844.50
12,731.20
150.00
10,944.60
36.00
118.88
109.45
458.04
619.50
58.60
4.42
56,919.07
4,556.28
72.34
1,584.72
486.14
4,590.00
18.45
330.00
67.92
383.40
181.32
150.00
53.81
21.28
759.31
2,088.37
6,295.52
16.38
123.16
9,937.38
193.95
131.26
506.12.
312.45
27.06
$483,531.16 ••••