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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 01/15/2008MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, Commissioners' Room 500 W. Fir Avenue, Fergus Falls, MN Tuesday, January 15, 2008 9:30 a.m. Call to Order The Otter Tail County Board of Commissioners convened Tuesday, January 15, 2008, at 9:35 a.m. at the Otter Tail County Government Services Center with Commissioners Syd Nelson, Chair; Everett Erickson, Vice-Chair; and Bob Block present. Commissioners Dennis Mosher and Roger Froemming were present at 9:42 a.m. due to attendance at a Capital Improvement Committee meeting. Approval of Agenda Motion by Erickson, second by Block, and unanimously carried to approve the County Board agenda of January 15, 2008, with the following addition: Final Plat Filing Extension Request Easement Request Order for Ditch Viewers for County Drainage System No. 16 Approval of Minutes Motion by Block, second by Erickson, and unanimously carried to approve the County Board minutes of January 8, 2008, as presented. Approval to Pay Bills Motion by Nelson, second by Erickson, and unanimously carried to approve payment of the County Board bills per Attachment A of these minutes. Payment Approvals Motion by Mosher, second by Froemming, and unanimously carried to approve payment, in the amount of $4,481.00, from the Construction Fund to Meadowbrook Insurance Group for Commercial Builder's Risk Insurance for the Chemical Dependency Facility. Motion by Froemming, second by Block, and unanimously carried to approve payment, in the amount of $1,679.93, from the General Fund to the Otter Tail County Public Health Department for costs incurred during the performance of the 2007 Tobacco Compliance Checks. Forgiveness of Penalty Request Motion by Froemming, second by Block, and unanimously carried to deny the request of Sharon L. Thompson for the forgiveness of penalty and interest, in the amount of $130.35, which accrued due to the late payment of the second half pay 2007 Property Taxes. This decision is based on the County's policy that, generally, forgiveness of interest and penalty is granted if the County has made an error that creates a late or incorrect tax payment. South Turtle Lake Project County Auditor, Wayne Stein, briefed the Board on the South Turtle Lake Storm Water/Sewer System Project. Total project costs were reported as $356,971.12 with total assessment to benefited property owners of $324,971.12. Mr. Stein stated that the Lake Improvement District would apply for a grant through the State of Minnesota and then, the assessments will appear on the 2009 tax statements. Motion by Erickson, second by Mosher, and unanimously carried to authorize an operating transfer, in the amount of $352,899.79, from the General Fund to the Road and Bridge Fund to cover costs incurred by the Highway Department for the South Turtle Lake Storm Water/Sewer System Project. OTC Board of Commissioners' Minutes January 15, 2008 Page 2 Hazard Mitigation Plan Emergency Services Director, Tiny Holm, reported that the Otter Tail County All Hazard Communication Plan has been approved by the State of Minnesota and FEMA. The next step in the process is to set a Public Hearing. The Chairman established the Public Hearing for the Proposed Otter Tail County Hazard Mitigation Plan at 9:30 a.m. on Tuesday, February 19, 2008, at the Government Services Center in Fergus Falls. Bid Review and Recommendation After previously advertising for bids, Highway Engineer, Rick West, opened the following bids for the purchase of 4 John Deere 265 Disk Mowers: Interstate, Inc. $20,448.00 Fergus Falls, MN Evergreen Equipment, Inc. Wadena, MN $20,479.95 Motion by Block, second by Erickson, and unanimously carried to approve the purchase of 4 John Deere 265 Disk Mowers from Interstate, Inc. of Fergus Falls, MN in the amount of $20,448.00, as recommended by the Highway Engineer. Correspondence Acknowledged Mr. West briefed the Board regarding a Road Safety Audit Draft Report relating to an examination of the TH 106 and CSAH 52 Intersection. He discussed some of the preliminary recommendations. Mr. West provided a copy of a letter dated January 15, 2008, to the Otter Tail Lakes Property Owners Association in reference to CSAH 72/Zorbaz and CSAH 72 Bridge over the Otter Tail River. Mr. West provided a summary of the South and North Turtle Lake elevations and stated that the elevations indicate possible ground water influence. Closed to the Public -Labor Negotiation Strategies At 10:37 a.m., Chairman Nelson declared the meeting of the Otter Tail County Board of Commissioners closed to the public for purposes of discussing labor negotiation strategies relative to the Human Services and GST Units. Present were all five seated commissioners, the County Attorney, County Coordinator and Board Secretary. At 10:50 a.m., upon completion of the closed session, Chairman Nelson, announced that the meeting was opened to the public for the remainder of the agenda items. Space for DWI Court Positions Physical Plant Manager, Rick Sytsma, met with the County Board to discuss plans for cubicles/offices for the DWI Court positions. Commissioners referred Mr. Sytsma to the Building Committee. Planning Commission Recommendations Conditional Use Permit-Pierre and Marv duCharme: Land & Resource Director, Bill Kalar, reported that this CUP request was originally for a 45 unit RV park which was subsequently reduced to a 30 unit RV park. The Planning Commission recommended denial and cited 4 reasons for denial in the January 9, 2008, Planning Commission minutes. Attorney, Chuck Krekelberg, representing the applicants, requested that the County Board not follow the recommendations of the Planning Commission in this case. He stated that this is an RV park located on 22 acres of real estate with 1600 ft. of lakeshore. The original plan of 45 units has been reduced to 30 and 19 boat slips reduced to 8. He stated that two members of the Planning • OTC Board of Commissioners' Minutes January 15, 2008 Page 3 Commission voiced opinions that this request fits the ordinance and is a good plan. Mr. Krekelberg discussed other concerns of the Planning Commission including the cumulative effect of this project on the lake. He voiced concern that the Planning Commission was viewing this application in conjunction with a different application for 52 units. His opinion was that the proposed 52 unit application should not have been viewed along with his client's request. Further discussion occurred regarding the proposed 8 slips on the lake and the potential impact on environmental sensitivity of that particular area. Mr. Krekelberg stated that the applicant is willing to agree to no boat slips for the development in order to obtain approval. The County Shoreland Management Ordinance does not address districts and the applicant should be held to the existing standards. Additional noise, light, and dust issues as well as screening issues had been addressed. Mr. Kalar discussed the new proposal without boat slips and showed the Board a corresponding map of dwellings and parcels around Star Lake. He stated that this proposal meets the County's ordinance and he provided dwelling density comparisons between General Development classification and Natural Environment classification. County Attorney, David Hauser noted that just meeting minimum standards does not guarantee approval and suitability for development may also be considered. Planning Commission member, Rod Boyer, commented that today's plan is substantially different than what was presented to the Planning Commission. Motion by Block, second by Froemming, to support the Planning Commission in the denial of the Conditional Use Permit request for Pierre and Mary duCharme. Chairman Nelson called for a vote: Board of County Commissioners Bob Block Froemming Syd Nelson Dennis Mosher Everett Erickson Motion failed. YEA X X NAY X X Other X A member of the public spoke in opposition of the development with concern of accumulation of various affects on the lake and screening issues. Additional discussion took place. Motion by Mosher, second by Erickson, to refer the Conditional Use Permit request for Pierre and Mary duCharme back to the Planning Commission for reconsideration. Chairman Nelson called for a vote. Commissioners Mosher, Erickson, and Nelson voted Yea with Block and Froemming opposed. Motion carried 3 -2. Mr. Kalar established a Special Meeting of the Planning Commission at 6:30 p.m. on February 13, 2008. The property is described as NW1/2 NE1/4 except pt lying N of the centerline of the township road and GL 3, Section 9, Star Lake Township; Star Lake (56-385), GD. Preliminary Plat & CUP -"Hidden Shores Addition'1/David & Wendy Haugrud: Motion by Erickson, second by Froemming, and unanimously carried approve the Preliminary Plat known as "Hidden Shores Addition" as presented on the revised plan received on December 18, 2007, and to approve a Conditional Use Permit for the construction of a road to service the plat with conditions as recommended by the Planning Commission. The property is described as NE1/4 NW1/4, GL 2 ex tr, GL 4 & Sub Lot A of GL 3 ex tr, Section 31, Scambler Township; Grove Lake (56-952), NE. Conditional Use Permit -East Silent Lake Resort: Motion by Erickson, second by Block, and unanimously carried to approve a Conditional Use Permit to expand East Silent Lake Resort by one unit as presented. The property is described as Pt GL 1 & 2 ex tracts (41.60 AC), Section 33, Dora Township; East Silent Lake (56-517), RD. OTC Board of Commissioners' Minutes January 15, 2008 Page 4 Conditional Use Permit -Frank's Lodge & Campground/John & Kathy Frank: Motion by Erickson, second by Froemming, and unanimously carried to accept the withdrawal of the CUP application for Frank's Lodge & Campground as requested by the applicant and accepted by the Planning Commission. The property is described as N1/2 NW1/4, Lots 4 & 5 ex Star Lake Beach & ex trs ex farm (9.93 AC) and N1/2 NW1/4, Lots 4 & 5 ex Star Lake Beach & ex trs ex Res & SRC (91.26 AC), Section 9, Star Lake Township; Star Lake (56-385), GD Conditional Use Permit -Dennis & Marsha Tuel: Motion by Mosher, second by Erickson, and unanimously carried to approve the after-the-fact Conditional Use Permit request for installation of a wind turbine. The property is described as Pt E1/2 SE1/4, Section 31, Dane Prairie Township; Swan Lake (56-781 ), RD & Unnamed Lake (56-1118), NE. Filing Extension Request for Final Plat Motion by Froemming, second by Block, and unanimously carried to extend the filing date to March 31, 2008, for filing the Final Plat entitled "Phelps Mill River Hills". Order for Appointment of Ditch Viewers Motion by Froemming, second by Mosher, and unanimously carried to approve the Order for Redetermination of Benefits and Appointment of Ditch Viewers for County Drainage System No. 16 as presented by the County Attorney. Right of Way Easement Motion by Block, second by Mosher, and unanimously carried to authorize the Chairman's signature to execute the Right of Way Easement describing the new location of overhead electrical lines which were moved due to the construction of the Chemical Dependency Facility. Recessed At 11 :58 a.m., Chairman Nelson declared the meeting of the Otter Tail County Board of Commissioners recessed for lunch break. Consideration of Amendment to the Shoreland Management Ordinance Continued Public Hearing -1 :00 p.m. Introduction - At 1 :00 p.m., Chairman Syd Nelson, opened the Public Hearing for comments regarding proposed revisions to the Otter Tail County Shoreland Management Ordinance. This Public Hearing was continued from the January 8, 2008, Board of Commissioners meeting. All five seated Commissioners and County staff were present along with 55 members of the public identified by signature on the Attendance Roster. Written Communications - Written communication was received and provided to the County Board prior to the continued Public Hearing from the following individuals: Timothy M. Stoll (dated 01/15/08) EOT Soil & Water Conservation District MN DNR, Terry Lejcher (dated 01/11/08) Stuart Peterson (dated 01/11/08) E-mail from Hunt's Resort Continued Public Discussion - IV. 10. Subdivision Provisions: • D.2(b) should read "nearest existing E-911" address instead of "E-911 address". '• OTC Board of_ Commissioners' Minutes January 15, 2008 Pages • Steve Langlie; D.4(e) -if the design includes sewer systems for each lot and the Planning Commission feels the development is too dense and the recommendation is to drop a lot(s), then septic system design must be re-done. This is premature at the stage of the Preliminary . Plat and should be required prior to filing the Final Plat. • Gene Miller -under 2 (c) instead of word "surveyor", it should read "person signing the plat". • Jim Morken, land owner -requested deletion of D.4 (e). He spoke in opposition of requiring septic systems to be identified ahead of time. This would be a problem if a new owner or developer wanted to change the location of the home. Mr. Morken felt this was over reaching what is necessary. • Jim Morken also spoke in opposition of the proposed revision to eliminate 5 acre metes and bounds descriptions and require platting instead. He stated that a legal forum to develop a simple land split needs to be available. He requested deleting that language from the revisions. IV. 11. Cluster Developments: • Steve Lang lie -The non-residential language in C 1 a (3) is unclear and if enacted with this language, it would be open to interpretation. • Mike Harris -The water frontage requirements in C 1 a (1) increasing on a GD lake from 25 ft. to 30 ft. and NE lake from 100 ft. to 125 ft. is too much. • Cheryl Harris -expressed concern that if a cluster is currently close to density maximum, the increased water frontage requirements would prohibit just enlarging a cabin. Mr. Kalar stated that the existing resort definition would eliminate that concern. The County Attorney stated that in the last legislative session, M.S. 103F.227, Shoreland Development, was passed. The State existing resort provisions would supersede the County's SMO. • Jim Morken -expressed concerns in defining open space as reflected in C j. He stated that each development is so unique and this language takes subjectivity out of the unique situations. • Chuck Erickson -objected to the use of "unmanicured wild state" in defining open space. He suggested incorporating language that includes "a forested stewardship plan that is managed properly". An unmanicured, wild state could result in noxious weeds, poison ivy, etc. • Mike Harris -septic or sewage treatment areas should be included in 11 D. Existing Resorts language. IV. 13. Exemptions: • Norb Benke -requested expansion of the language so work could be done with back slopes, seeding, etc with a township road project as it would be impossible to stay within the road right of way. • Steve Langlie -requested inclusion of easements granted with the construction of the road because, ordinarily, these are already outside of the road right of way. The County Attorney stated that the intent is to notify the public when work is occurring outside of the road right of way, but not to require CUP when graveling, grading or performing normal maintenance working within the right of way. • Jeff Stabnow, Engineer -suggested identifying as adjacent property or temporary easement from the property owner. V. Administration: • Jim Morken -under RCU provisions -3 days is a little short and not necessary to prohibit water connection in this language. • A question regarding definition of lot -is a 200 acre farm considered a lot? Mr. Kalar responded affirmatively provided it is one parcel and has one land description. OTC Board of Commissioners' Minutes January 15, 2008 Page 6 • Mike Johnson, Dunn Township-under 1.C. (1) please use 7 days instead of 3 days. • Gene Elbers -in favor of the proposal under 1.C. (1) but questioned how it would be enforced? • Mike Harris -under 1.C. (A.) -expressed concern referring to Sec. 111.3 and requested instead to use "not applicable to substandard lots". Mr. Harris thought the public would understand this better. • Steve Langlie -2.E (4) -spoke in favor of this language and asked that it be enacted as a revision to the ordinance. • Steve Langlie -3.1. (2) -expressed concerned with adding wording about fish and wildlife because it is based on opinion and this language leaves it too open. He asked that this be done differently. . • A comment was made from an Edna Township resident under 3.1. (16) -.requested specific language regarding ditching of waters that are now landlock and connecting them to adjacent waters and/or streams and rivers. This could have adverse affect. • Stuart Peterson -3.J. & K. -suggested the review process that the previous Shoreland Committee had asked for and referred to his letter of January 11, 2008, for review of the proposed process. • Steve Lang lie -opposed to new language in 3. K. and would like to see the final approvals be made by County Commissioners rather than Planning Commission. The County Commissioners are people that the citizens elect and that is the democratic process. • On behalf of Tim Stoll -his letter stated opposition to the Planning Commission approving shoreland items. This should stay with the Commissioners as elected officials. Opposed to all subdivisions being platted and opposed to more duties for the Administrative Officer. • Wayne Johnson, Scambler Town Board and licensed septic designer and installer -opposed to Planning Commission approval instead of recommendation. Opposed to the appeal process going to District Court instead of an elected official. • Scott Dirks -stated that having Planning Commission decisions go to District Court instead of to the County Board is a terrible idea especially with vague terms in the ordinance. The Planning Commission must consider suitability of area in natural state, fish and wildlife, shore depth, etc. It is so broad that the County Board needs to stay involved in supervision of Planning Commission activities. • Ron Lindgren -spoke in opposition of the Planning Commission having final approval. County Commissioners are elected officials and approval by the County Board provides responsibility and ensures continuity over time. • Jim Morken -spoke in opposition of the Planning Commission approving shoreland items instead of recommending to the County Board. He spoke in favor of accessibility that allows approachability. • Gene Miller -agreed with comments made by Mr. Dirks -cost of going to District Court is too high. • Dale Menze -spoke against District Court as appeal process as it doesn't solve anything. He asked that all proposed revisions be rejected. The ordinance works as it is now. Mr. Kalar's office has enough to do and does not have enough staff to do more. • Architect, Kelly Wegscheid -asked that roof tops be removed from impervious surface and also consider product testing of impervious pavers to be consistent with the State and other counties. Spoke in favor of keeping backlots and opposed to the proposed revision regarding backlots. • Jim Morken -use average from low eave to high point as the height because aesthetically, a higher pitched roof is more pleasing and limitation on height prevents that -allow using the midpoint. OTC Board of Commissioners' Minutes January 15, 2008 Page 7 Steve Langlie requested that the Board continue the Public Hearing and provide a final draft so the public knows which provisions will be deleted and which provisions will remain. Wayne Johnson agreed with Mr. Langlie and asked for a final draft and requested that the commissioners provide more summer help for the Land & Resource Office. Gene Miller requested more staff for the Land & Resource Office and stated that this was a consistent comment when the Citizen's Shoreland Committee was meeting. Stu Peterson commented that this revision is far from what he would like, but better than nothing and suggested the Board look at the sub-group committee's recommendations again. Mr. Kalar will continue to work with the Board of Commissioners to provide a Final Draft of revisions to the SMO. Chairman Nelson recessed this Public Hearing until 1 :00 p.m. on Tuesday, February 19, 2008, at the Government Services Center in Fergus Falls. Adjournment At 2:36 p.m., Chairman Nelson declared the meeting of the Otter Tail County Board of Commissioners adjourned until Tuesday, January 22, 2008. Dated: ,1 -22-0 't Attest: CB/kd , OTC Board of Commissioners' Minutes January 15, 2008 Attachment A, Page I WARRANTS APPROVED ON 1/15/2008 FOR PAYMENT 1/15/2008 VENDOR NAME A'VIANDS LLC AMERICAN INSTITUTIONAL SUPPLY AMERICAN TOWER CORPORATION AMERICAN WELDING SUPPLIES INC AMERICAN WELDING-WILLMAR FIRE AMERICINN FERGUS FALLS BACHMAN PRINTING COMPANIES BATTLE LAKE AUTO PARTS BATTLE LAKE STANDARD BCA ST OF MN BOUND TREE MEDICAL LLC BRANDON COMMUNICATIONS INC JOHN BUSHMAN GADD ENGINEERING SUPPLY INC CALL ONE INC CAROLINA SOFTWARE CELLULAR ONE CERTIFIED AUTO REPAIR CHRISTENSEN CONSTRUCTION CIT TECHNOLOGY FIN SERV INC CO OP SERVICES INC COOPERS TECHNOLOGY GROUP CORPORATE TECHNOLOGIES CULLIGAN WATER COND CULLIGAN WATER CONDITIONING DACOTAH PAPER COMPANY DAKOTA PRINTER REPAIR LLC DENZEL'S REGION WASTE INC DEPT OF PUBLIC SAFETY RANDY DOROW CHUCK EHRENBERG EVERGREEN EQUIPMENT INC MAYNARD FALK FARMERS CO OP OIL ASSN FARNAM'S GENUINE PARTS INC FARNAM'S GENUINE PARTS INC PR FASTENAL COMPANY FERGUS FALLS NEWSPAPERS INC FERGUS FALLS POLICE DEPT CITY FERGUS FALLS FERGUS TIRE CENTER FERRELLGAS MICHAEL FIEDLER FORCE AMERICA FRONTIER POWERSPORTS GALL'S INC GERALD N EVENSON INC BEVERLY GERHARDSON GR GRAPHICS INC FARGO GRAHAM TIRE ABERDEEN HEDAHLS HEADQUARTERS DEAN HEDSTROM MARILYN HELLER HENNING HARDWARE HENRY'S FOODS INC HIGH PLAINS TECHNOLOGY HILL TOP LUMBER INC AMOUNT 14,327.02 92.62 87.75 235.35 5.56 65.59 507.44 137.85 84.92 360.00 216.38 2,226.09 8.00 719.62 176.77 250.00 970.26 206.30 35,370.00 189.86 7,698.01 861.80 255.60 95.16 10.65 518.86 174.60 170.82 510.00 49.48 109.95 20.50 915.00 4,957.54 290.78 9.04 12.99 114.21 384.77 19,535.96 1,202.09 97.56 8.00 635.15 249.26 171.65 2.81 1,700.00 58 01 415.96 20.51 8.00 16.25 57.72 1,085.39 8,514.11 280.23 SANDY HOLO TONYA HOLT HOMESTEAD BUILDING SUPPLIES HONEYWELL INDEPENDENT EMERGENCY SERVICES INNOVATIVE OFFICE SOLUTIONS INTERSTATE ALL BATTERY CENTER INTERSTATE INC KELLY SERVICES INC JILL KLUCK KNUTSON ELECTRIC REBUILDING KOEP'S CLITHERALL CORNER BRUCE KOLLE LAKE REGION HEALTHCARE CORP LAKELAND MENTAL HEALTH CENTER LAKES RADIO LARRY OTT INC TRUCK SERVICE SHERRON LEABO LEAF RIVER SERVICES LOCATORS & SUPPLIES INC MACAI MACPZA MAIN STREET GAS & GOODS LARRY MARTINSON MCM MCCC Ml 33 MIDWEST PRINTING CO MILLS MACHINING & WELDING MN DEPT OF AGRICULTURE MN DNR WATERS MN MOTOR COMPANY MN OFFICE OF ENTERPRISE TECHNO MOORE MEDICAL LLC NAPA STANDARD PARTS OF WADENA NELSON DODGE GMC NETWORK CENTER COMMUNICATIONS NEW YORK MILLS HERALD NIEMELA REPAIR NORTHERN STATES SUPPLY INC NORTHLAND REBUILDING NORTHWEST DIVERS NORTHWEST IRON FIREMEN INC OLSON OIL CO INC ONE CALL LOCATORS LTD OTTER TAIL CO EMPLOYEES COMMIT OTTER TAIL CO TREASURER OTTER TAIL TELCOM OUTDOOR RENOVATIONS LANDSCAPE PAMIDA INC 008 PARK REGION CO OP DONALD PEDERSON PELICAN RAPIDS PRESS PENROSE OIL COMPANY PERHAM CO OP CREAMERY PERHAM ENTERPRISE BULLETIN CITY PERHAM PERSONNEL EVALUATION INC GREGORY PETERSON OTC Board of Commissioners' Minutes January 15, 2008 Attachment A, Page 2 34.00 7.97 52.23 1,776.50 54.86 64.72 47.62 71.34 867.79 39.98 104.37 41.00 46.02 273.20 1,718.00 8,639.30 225.00 131.30 1,302.50 147.77 75.00 100.00 2,767.01 199.99 3,591.00 6,585.00 71.89 58.58 190.00 202.00 138.03 247.66 405.79 703.53 69.99 1,995.92 54.90 26.44 643.81 124.88 145.47 509.27 430.65 23.00 127.50 62,933.00 75.00 10,365.00 6.39 559.94 8.00 6,065.82 2,283.64 8,031.56 176.64 6,659.12 16.00 1,500.00 OTC Board of Commissioners' Minutes January 15, 2008 Attachment A, Page 3 PRAIRIE IMPLEMENT INC PUBLIC SAFETY CENTER INC QUICK'S NAPA AUTO PARTS QUILL CORPORATION RAPID CHEK INC RDO TRUCK CENTERS RELIABLE OFFICE SUPPLIES REVIEW ENTERPRISES INC RINGDAHL AMBULANCE SERVICE CHERI SCHULTZ SOUTH MILL SERVICE SOUTHTOWN C-STORE ST CLOUD HOSPITAL THE STATE CHEMICAL MFG CO STEINS INC STEVE'S SANITATION INC SUPER SEPTIC INC OF PELICAN RA SUSAN ULSCHMID UNIFORMS UNLIMITED UNITED BUILDING CENTERS VERGAS ACE HARDWARE VERGAS 66 VICTOR LUNDEEN COMPANY WADENA HIDE & FUR COMPANY WALLWORK TRUCK CENTER WASTE MANAGEMENT WEST CENTRAL JAIL ADMIN ASSOC XEROX CORPORATION 5TH DISTRICT JAIL ADMN ASSN •••• FINAL TOTAL. ..... . 74.68 190.63 101.34 242.82 1,186.14 295.87 565.49 63.60 120.00 77.70 131.01 3,121.18 250.00 356.71 64207 811.29 77.19 74.31 74.30 2.61 87.49 3,010.52 7.51 174.18 1,315.88 39,274.91 1,605.00 174.83 1,665.00 $297,042.95 ••••