HomeMy WebLinkAboutBoard of Commissioners - Minutes - 02/19/2008MINUTES OF THE
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Government Services Center, Commissioners' Room
500 W. Fir Avenue, Fergus Falls, MN
Tuesday, February 19, 2008
9:30 a.m.
Call to Order
The Otter Tail County Board of Commissioners convened Tuesday, February 19, 2008, at 9:30 a.m. at
the Otter Tail County Government Services Center with Chairman Syd Nelson and Commissioners
Bob Block, Roger Froemming and Dennis Mosher present. Vice-Chairman Everett Erickson was
absent.
Approval of Agenda
Motion by Froemming, second by Mosher, and unanimously carried to approve the County Board
agenda of February 19, 2008, with the following addition:
State of MN 1501h Birthday Celebration Discussion
Approval of Minutes
Motion by Mosher, secon_9-by Block, and unanimously carried to approve the County Board minutes of
February 12, 2008, as presented.
Approval to Pay Bills
Motion by Mosher, second by Block, and unanimously carried to approve payment of the County
Board bills per Attachment A of these minutes.
ADOPTION OF THE
OTTER TAIL COUNTY ALL HAZARD MITIGATION PLAN
Otter Tail County Resolution No. 2008 -09
Upon a motion by Mosher and secondd by Block, the following resolution was adopted:
WHEREAS, Otter Tail County is participating in the hazard mitigation planning process as established
under the Disaster Mitigation Act of 2000; and
WHEREAS, the Act establishes a framework for the development of a County Hazard Mitigation Plan;
and
WHEREAS, the County as part of the planning process established an extensive public participation
process and local coordination among County and neighboring local units of government, businesses
and other organizations; and
WHEREAS, the plan includes a risk assessment including past hazards, hazards that threaten the
County, maps of hazards, an estimate of structures at risk, a general description of land uses and
development trends; and
WHEREAS, the plan includes a mitigation strategy including goals and objectives and an action plan
identifying specific mitigation projects and costs; and
WHEREAS, the plan includes a maintenance or implementation process including plan updates,
integration of the plan into other planning documents and how Otter Tail County will maintain public
participation and coordination; and
OTC Board of Commissioners' Minutes
February 19, 2008
Page 2
WHEREAS, the Plan has been shared with the Minnesota Division of Homeland Security and
Emergency Management and the Federal Emergency Management Agency for review and comment;
and
WHEREAS, Otter Tail County has notified the public of its intent to adopt the Otter Tail County All
Hazard Mitigation Plan, and has held a public hearing prior to final adoption by the County Board.
NOW THEREFORE BE IT RESOLVED, that Otter Tail County formally adopts the Otter Tail County
All Hazard Mitigation Plan.
Board Member YEA NAY ABSENT
Commissioner Mosher X
Commissioner Froemminq X
Commissioner Block X
Commissioner Erickson X
Commissioner Nelson X
Dated:_...,o"-·=2---1l.c.2-...c~c.+/-=-0~8'----
Attest:_/4~µ"°"'11.'--'--'v:q,,r::..:, {<=--
Larry Ktbhn~
OTTER TAIL COUNTY BOARD OF COMMISSIONERS B~~Peo~ Uic.,e_ (!_t\q~v
Syd Nelson, Board of Commissioners Chair
Mutual Aid Agreement Revision
Motion by Block, second by Mosher, and unanimously carried to authorize the Chairman's signature
to execute the Minnesota Homeland Security Emergency Management Region 4 Mutual Aid
Agreement 2008 Revision.
Tax System Software Contract
Motion by Froemming, second by Block, and unanimously carried to authorize the Chairman's
signature to execute an Amended and Restated Joint Powers Agreement between the Minnesota
Counties Computer Cooperative (MCCC) and the County of Otter Tail which extends the tax system
software contract for 3 years.
Tax Software Maintenance and Support Agreement
Motion by Froemming, second by Block, and unanimously carried to authorize the Chair's signature to
execute the Maintenance and Support Agreement between Affiliated Computer Services, Business
Records Corporation, and MCCC and the County of Otter Tail effective January 1, 2009 through
December 31, 2011.
Premise Permit
Otter Tail County Resolution No. 2008 -10
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 American Legion Post 357, Ashby, MN, has made an application to the Gambling
Control Board for the purpose of conducting lawful gambling at the Stalker Lake Golf Course, located
at 15786 Golf Course Road in St. Olaf Township of Otter Tail County; and
OTC Board of Commissioners' Minutes
February 19, 2008
Page 3
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 American Legion Post 357, Ashby, MN, at the Stalker Lake Golf
Course located at 15786 Golf Course Road in St. Olaf 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 American Legion Post 357, Ashby, MN, at the Stalker
Lake Golf Course, located at 15786 Golf Course Road in St. Olaf 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 St. Olaf by sending them a copy of this resolution.
Commissioner Froemming seconded the motion, and upon being put to a vote, was unanimously
carried.
Adopted and signed this 19th day of February, 2008.
Dated: 02--2b -oz
Credit Card Approval
Motion by Mosher, second by Block, and unanimously carried to approve the issuance of an Otter Tail
County Credit Card with a 30 day limit of $1,000.00 to Deputy Sheriff, Robert Huckeby.
Reappointment -Extension Committee
Motion by Froemming, second by Nelson, and unanimously carried to reappoint Donna Gill and
Roger Ruckheim to the Otter Tail County Extension Committee effective January 1, 2008 for a 3 year
term.
. .· 2008 Special Assessment -Oscar Lake Outlet
Motion by Mosher, second by Block, and unanimously carried to certify a Payable 2008 Special
Assessment against the benefited property owners of the Oscar Lake Outlet area in the amount of
2.3305% of the total benefits or approximately $1,111.67.
Payment Approval
Motion by Froemming, second by Mosher, and unanimously carried to approve payment, in the
amount of $7,550.81, from the Capital Improvement Fund to Young & Associates for professional
services provided for construction of the Chemical Dependency Health Center, Project No. 0601.
Ambassador for Otter Tail County
Commissioner Bob Block was authorized to serve as Ambassador for Otter Tail County to celebrate
the 150th birthday of the State of Minnesota.
OTC Board of Commissioners' Minutes
February 19, 2008
Page4
PUBLIC WATER ACCESS
COOPERATIVE AGREEMENT
Crystal Lake in Otter Tail County, Minnesota
Otter Tail County Resolution No. 2008 -11
Upon motion by Froemming, seconded by Block, and unanimously carried, the following resolution
was adopted:
WHEREAS: the Commissioner of Natural Resources has the authority, duty, and responsibility under
Minnesota Statutes Section 97A.141 to provide public water access sites on lakes and rivers, where
access is inadequate; and
WHEREAS: the State and the County are authorized under Minnesota Statutes Section 471.59, to
enter into agreements to jointly or cooperatively exercise common power; and
WHEREAS: the State and the County have determined this public water access on Crystal Lake is of
high priority under the state public water access program; and
WHEREAS: the County owns land described as: Sec. 3, T.136N, R.42W, Otter Tail County, as shown
in the attached Cooperative Agreement; and
WHEREAS: the State is willing to operate and maintain a Public Water Access to Crystal Lake;
hereinafter referred to as "facilities"; and
WHEREAS: in c9nsideration oi the mutual benefit to be derived by the public bodies hereto and for
the benefit bfthe general public.
NOW, THEREFORE, BE IT RESOLVED, that the Cooperative Agreement between the County of
Otter Tail and the State of Minnesota Department of Natural Resources, a copy of which is attached
hereto, is hereby approved; and
BE IT FURTHER RESOLVED, that the Chair of the County Board of Commissioners and the County
Board Clerk are hereby authorized to sign said Cooperative Agreement.
Dated at Fergus Falls, Minnesota, this 19th day of February, 2008.
Dated: 62-21,,--og
Attest~" Larry!< hn,aerk
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
~~-fl.@>~ u,<-eQ°",v-
syd Nelson, Board of Commissioners Chair
PUBLIC WATER ACCESS
COOPERATIVE AGREEMENT
Little Pickeral Lake in Otter Tail County, Minnesota
Otter Tail County Resolution No. 2008 -12
Upon motion by Froemming, seconded by Block, and unanimously carried, the following resolution
was adopted:
OTC Board of Commissioners' Minutes
February 19, 2008
Page 5
WHEREAS: the Commissioner of Natural Resources has the authority, duty, and responsibility under
Minnesota Statues Section 97A.141 to provide public water access sites on lakes and rivers, where
access is inadequate; and
WHEREAS: the State and the County are authorized under Minnesota Statutes Section 471.59, to
enter into agreements to jointly or cooperatively exercise common power; and
WHEREAS: the State and the County have determined this public water access on Little Pickeral
Lake is of high priority under the state public water access program; and
WHEREAS: the County owns land described as: Sec. 26, T 134N, R.39W, Otter Tail County, as
shown in the attached Cooperative Agreement; and
WHEREAS: the State is willing to operate and maintain a Public Water Access to Little Pickeral Lake;
hereinafter referred to as "facilities"; and
WHEREAS: in consideration of the mutual benefit to be derived by the public bodies hereto and for
the benefit of the general public.
NOW, THEREFORE, BE IT RESOLVED, that the Cooperative Agreement between the County of
Otter Tail and the State of Minnesota Department of Natural Resources, a copy of which is attached
·. ,hereto, is hereby approved; and
BE IT FURTHER RESOLVED, that the Chair of the County Board of Commissjoners and the County
Board Clerk are hereby authorized to sign said Cooperative Agreement.
Dated at Fergus Falls, Minnesota, this 19th day of February, 2008.
Dated: __ 6~2~•_2_1,,_-~o~l?~---OTTER TAIL COUNTY BOARD OF COMMISSIONERS
PUBLIC WATER ACCESS
COOPERATIVE AGREEMENT
West Lost Lake in Otter Tail County, Minnesota
Otter Tail County Resolution No. 2008 -13
....
IC 112.
Upon motion by Froemming seconded by Block and unanimously carried, the following resolution was
adopted:
WHEREAS: the Commissioner of Natural Resources has the authority, duty, and responsibility under
Minnesota Statues Section 97A.141 to provide public water access sites on lakes and rivers, where
access is inadequate; and
WHEREAS: the State and the County are authorized under Minnesota Statutes Section 471.59, to
enter into agreements to jointly or cooperatively exercise common power; and
WHEREAS: the State and the County have determined this public water access on West Lost Lake is
of high priority under the state public water access program; and
OTC Board of Commissioners' Minutes
February 19, 2008
Page 6
WHEREAS: the County owns land described as: Sec. 33, T.134N, R.41W, Otter Tail County, as
shown in the attached Cooperative Agreement; and
WHEREAS the State is willing to operate and maintain a Public Water Access to West Lost Lake;
hereinafter referred to as "facilities"; and
WHEREAS: in consideration of the mutual benefit to be derived by the public bodies hereto and for
the benefit of the general public.
NOW, THEREFORE, BE IT RESOLVED, that the Cooperative Agreement between the County of
Otter Tail and the State of Minnesota Department of Natural Resources, a copy of which is attached
hereto, is hereby approved; and
BE IT FURTHER RESOLVED, that the Chair of the County Board of Commissioners and the County
Board Clerk are hereby authorized to sign said Cooperative Agreement.
Dated at Fergus Falls, Minnesota, this 19th day of February, 2008.
Dated: __ 6=..:Z..;:;__-_2...c.&-_oc...· =g __ _ OTTER TAIL COUNTY BOARD OF COMMISSIONERS ~f~~ U,c.e~v
Syd Nelson, Board of Commissioners Chair
PUBLIC WATER ACCESS
COOPERATIVE AGREEMENT
West Red River Lake in Otter Tail County, Minnesota
Otter Tail County Resolution No. 2008 -14
Upon motion by Froemming, seconded by Block, and unanimously carried, the following resolution
was adopted:
WHEREAS: the Commissioner of Natural Resources has the authority, duty, and responsibility under
Minnesota Statutes Section 97 A.141 to provide public water access sites on lakes and rivers, where
access is inadequate; and
WHEREAS: the State and the County are authorized under Minnesota Statutes Section 471.59, to
enter into agreements to jointly or cooperatively exercise common power; and
WHEREAS: the State and the County have determined this public water access on West Red River
Lake is of high priority under the state public water access program; and
WHEREAS: the County owns land described as: Sec. 29, T.134N, R.42W, Otter Tail County, as
shown in the attached Cooperative Agreement; and
WHEREAS: the State is willing to operate and maintain a Public Water Access to West Red River
Lake; hereinafter referred to as "facilities"; and
WHEREAS: in consideration of the mutual benefit to be derived by the public bodies hereto and for
the benefit of the general public.
• !
OTC Board of Commissioners' Minutes
February 19, 2008
Page 7
NOW, THEREFORE, BE IT RESOLVED, that the Cooperative Agreement between the County of
Otter Tail and the State of Minnesota Department of Natural Resources, a copy of which is attached
hereto, is hereby approved; and .
BE IT fURTHER RESOLVED, that the Chair of the County Board of Commissioners and the County
Board.Clerk are hereby authorized to sign said Cooperative Agreement.
Dated at Fergus Falls, Minnesota, this 19th day of February, 2008.
Dated: _..:c0::..:2.=-.::-2==·-=-1.>---"'Qg,.,_ __ _ OTTER TAIL COUNTY BOARD OF COMMISSIONERS
BGt.iM# e~ UJ'c e.
Syd Nelson, Board of Commissioners Ch€._k-==t_~ V'
PUBLIC WATER ACCESS
COOPERATIVE AGREEMENT
Lye Lake in Otter Tail County, Minnesota
Otter Tail County Resolution No. 2008 • 15
Upon motion by Froemming, seconded by Block, and unanimously carried, the following resolution
was adopted:
WHEREAS: the Commissioner of Natural Resources has the authority, duty, and responsibility under
Minnesota Statutes Section 97 A.141 to provide public water access sites on lakes and rivers, where
access is inadequate; and
WHEREAS: the State and the County are authorized under Minnesota Statutes Section 471.59, to
enter into agreements to jointly or cooperatively exercise common power; and
WHEREAS: the State and the County have determined this public water access on Lye Lake is of
high priority under the state public water access program; and
WHEREAS: the County owns land described as: Sec. 18, T.132N, R.42W, Otter Tail County, as
shown in the attached Cooperative Agreement; and
WHEREAS: the State is willing to operate and maintain a Public Water Access to Lye Lake;
hereinafter referred to as "facilities"; and
WHEREAS: in consideration of the mutual benefit to be derived by the public bodies hereto and for
the benefit of the general public.
NOW, THEREFORE, BE IT RESOLVED, that the Cooperative Agreement between the County of
Otter Tail and the State of Minnesota Department of Natural Resources, a copy of which is attached
hereto, is hereby approved; and
BE IT FURTHER RESOLVED, that the Chair of the County Board of Commissioners and the County
Board Clerk are hereby authorized to sign said Cooperative Agreement. ·
OTC Board of Commissioners' Minutes
February 19, 2008
Page 8
Dated at Fergus Falls, Minnesota, this 19th day of February, 2008.
Dated 02--:i..1o--(£ OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Attest ~ lf'2
Larryl<hn, Clerk
PUBLIC WATER ACCESS
COOPERATIVE AGREEMENT
East Leaf Lake in.Otter Tail County, Minnesota
Otter Tail County Resolution No. 2008 -16
Upon motion by Froemming, seconded by Block, and unanimously carried, the following resolution
was adopted:
WHEREAS: the Commissioner of Natural Resources has the authority, duty, and responsibility under
Minnesota Statutes Section 97 A.141 to provide public water access sites on lakes and rivers, where
access is inadequate; and
WHEREAS: the State and the County are authorized under Minnesota Statutes Section 4 71.59, to
enter into agreements to jointly or cooperatively exercise common power; and
WHEREAS: the State and the County have determined this public water access on East Leaf Lake is
of high priority under the state public water access program; and
WHEREAS: the County owns land described as: Sec. 30, T.134N, R37W, Otter Tail County, as
shown in the attached Cooperative Agreement; and
WHEREAS: the State is willing to operate and maintain a Public Water Access to East Leaf Lake;
hereinafter referred to as "facilities"; and
WHEREAS: in consideration of the mutual benefit to be derived by the public bodies hereto and for
the benefit of the general public.
NOW, THEREFORE, BE IT RESOLVED, that the Cooperative Agreement between the County of
Otter Tail and the State of Minnesota Department of Natural Resources, a copy of which is attached
hereto, is hereby approved; and
BE IT FURTHER RESOLVED, that the Chair of the County Board of Commissioners and the County
Board Clerk are hereby authorized to sign said Cooperative Agreement.
Dated at Fergus Falls, Minnesota, this 19th day of February, 2008.
Dated D2 2-&c:8 OTTER TAIL COUNTY BOARD OF COMMISSIONERS
B~~ Pc;~ Oc"ce-C/~~v-
Syd Nelson, Board of Commissioners Chair
2008 Project Phasing
OTC Board of Commissioners' Minutes
February 19, 2008
Page 9
Highway Engineer, Rick West, presented the Highway 2008 Project Phasing Plan including estimated
cost of various projects. He identified one correction under S.A.P. 56-661-05.
Performance Evaluation Summary
The County Board acknowledged a commendable Performance Evaluation summary for Highway
Engineer, Rick West, and requested that the summary be placed in his personnel file.
Closed to the Public -Labor Negotiation Strategies
At 10:25 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 GSC Technical Unit. Present were Commissioners Mosher, Froemming, Block, & Nelson, the
County Attorney, County Coordinator, Assessor, Land & Resource Administrator and Board
Secretary.
West Central Initiative Program Update
At 10:31 a.m., upon conclusion of the closed session, Chairman Nelson opened the meeting to the
public and requested discussion with the West Central Initiative Program Directors. WCI Board
Member, Brad Howland, spoke about the positive economic development efforts of WCI.
Brianna McAleer discussed work training programs designed to increase skilled labor in the area
which is the best way to provide economic stability and family income success. Vice-President
Kim Embretson briefed the Board on other family programs.
RESOLUTION IN SUPPORT OF
2007 COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY
FOR WEST CENTRAL MINNESOTA
Otter Tail County Resolution No. 2008 -17
Upon motion by Froemming, seconded by Block and unanimously carried, the following resolution
was adopted:
WHEREAS, West Central Initiative has prepared a Comprehensive Economic Development Strategy
(CEDS) for the region containing Becker, Clay, Douglas, Grant, Otter Tail, Pope, Stevens, Traverse,
and Wilkin Counties of Minnesota (west central Minnesota); and
WHEREAS, The CEDS contains analysis, economic data, economic development projects, and goals
and objectives for the betterment of the region; and
WHEREAS, Availability of an approved CEDS and related annual updates are a condition for
qualifying for grants for local economic development projects from the Economic Development
Administration of the U.S. Department of Commerce; and
NOW THEREFORE BE IT RESOLVED, That the Board of County Commissioners of Otter Tail
County, Minnesota, approves the 2007 Comprehensive Economic Development Strategy for west
central Minnesota.
Adopted this 19th day of February, 2008
Dated: 62--'2-h-02[ OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Attest /?l'f ~ R~i)e)µµJ P<!i~ ii;~
Syd Nelson, Board of Commissioners Ch~-ti'e--
OTC Board of Commissioners' Minutes
February 19, 2008
Page 10
Larry Krohn, Clerk
2008 Application Fees
Motion by Block, second by Froemming, and unanimously carried to approve the following Land &
Resource Management application/permit fees effective March 1, 2008:
Annlication/Permit Current Fees New Fees
SewaQe $125.00 $130.00
Site -0-499 tt' 100.00 105.00
500 tt' 250.00 260.00
Grade & Fill 125.00 130.00
CUP 350.00 370.00
Variance 350.00 370.00
Subdivision 525.00 550.00
Lot 50.00 50.00
ATF 600.00 650.00
Anneal 250.00 300.00
Final Plat -Beaver Dam Shores
Motion by Block, second by Froemming, and unanimously carried to approve the Final Plat of
Robert and Linda Honer entitled "Beaver Dam Shores" located in Section 7 of Dead Lake Township,
Star Lake (56-385), with a condition that the plat correction for the bearing error is recorded prior to
the sale of these lots.
RESOLUTION FOR APPLICATION FOR
DNR SNOWMOBILE TRAILS ASSISTANCE PROGRAM
Otter Tail County Resolution No. 2008 18
Upon a motion by Mosher, seconded by Block and unanimously carried, the following resolution was
adopted:
WHEREAS, the Otter Country Trail Association (OCTA) Snowmobile Club has requested that the
County of Otter Tail apply for a Snowmobile Trails Assistance Grant through the State of Minnesota
Department of Natural Resources on their behalf; and
WHEREAS, due to increased flow of water in County Ditch #21, the OCTA Snowmobile Trail in
Sverdrup Township crosses over an area that does freeze completely; and
WHEREAS, it has been determined that a bridge will be constructed over this area; and
WHEREAS, the cost of the bridge construction is estimated at $10,878.64; and
WHEREAS, Otter Tail County will act as legal sponsor for an application for the DNR Snowmobile
Trails Assistance Program; and
WHEREAS, Otter Tail County may enter into an agreement with the State of Minnesota for the DNR
Snowmobile Trails Assistance Program; and
WHEREAS, Otter Tail County will comply with all applicable laws and regulations as stated in the
Snowmobile Trails Assistance Program; and
WHEREAS, County Auditor, Wayne Stei~, is authorized to act as the fiscal agent on behalf of the
local unit of government; and
OTC Board of Commissioners' Minutes
February 19, 2008
Page 11
NOW, THEREFORE, BE IT RESOLVED, that Otter Tail County will act as sponsor for the Otter
Country Trail Association Snowmobile Club to submit a grant application, in the amount of
$10,878.64, to construct a bridge on an OCTA Snowmobile Trail over County Ditch #21.
BE IT FURTHER RESOLVED, that the OCTA Snowmobile Club is responsible in whole for the
construction of the bridge and operations and maintenance of their Snowmobile Trails and the County
of Otter Tail acts as sponsor/fiscal agent for dissemination of the grant funding.
Adopted this 19th day of February, 2008
Dated: _...c:O...c:'2_--=2_"'7-_i_?t,.cc,_ __ _
L d/4 AtteSI: _L__,ir""r';4"'"'e!t""~'-h-'n'"', "'ccu1e"'rk"""~-
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
~~~~(/,~
Syd Nelson, Board~~'v
Recess
At 11 :43 a.m., Chairman Nelson declared the meeting of the Otter Tail County Board of
Commissioners recessed for a Technology Committee meeting and lunch break.
Continuation of SMO Public Hearing
Introduction -
At 1 :00 p.m., Chair Nelson reconvened the Board of Commissioners' meeting and opened the
meeting for purposes of continuing the Public Hearing for proposed revisions to the Shoreland
Management Ordinance. Chairman Nelson and Commissioners Block and Mosher were present.
Commissioner Froemming was present at 1: 16 p.m. due to attendance at a Law Library Committee
meeting over the lunch hour. There were 59 members of the public present as identified by signature
on the Attendance Roster.
Land & Resource Administrator, Bill Kalar, discussed the background events in regards to the
proposed revisions to the SMO. He stated that this Public Hearing began last month when the Board
of Commissioners heard comment on a previous draft to the SMO. Between the previous Public
Hearing and today, Mr. Kalar met with the County Board, continued to discuss the proposed revisions
and presented a draft listing of proposed changes dated 2/19/08 that contained fewer changes based
on the public comments. Mr. Kalar briefly reviewed the general changes between the original draft
and the Draft Listing of Proposed Changes dated 02-19-08:
1. Measuring setback from the downward projection of roof eve has been removed.
2. The idea of removing the language for non-residential backlots of 5,000 sq. ft. was
changed and the language will remain in the SMO.
3. Requiring subdivisions in shoreland areas to be platted is removed from the latest draft.
Metes and bounds tracts of 5 acres or larger will be allowed, but will require a surveyor's
drawing to accompany the metes and bounds request.
4. Language giving the Planning Commission final authority rather than providing
recommendations was removed. The recommendations will continue to go to the County
Board.
5. Replaced proposed Resort definition with the State Statute definition.
6. Added language to consider Natural Environment classification standards if an area is
determined to be sensitive.
7. Added language dealing with residential districts and added Otter Tail County zoning map,
which are adopted in Section 3 of the draft SMO.
OTC Board of Commissioners' Minutes
February 19, 2008
Page 12
8. RCU may be placed on standard lot for a temporary period of time, not to exceed 10 days.
9. Allowing septic areas set up when subdividing the land to be transferred, if appropriate,
depending on where the house is built.
10. Added definition for Boardwalk.
Mr. Kalar noted that, procedurally, the County would need to send the final proposed revisions of the
SMO to the Department of Natural Resources for their approval before the County can enact the new
rules.
Written Communications -
Written communication was received and provided to the County Board prior to the continued Public
Hearing from the following individuals:
Jim Morgan (e-mail .received 2/11/Q8) -questions regarding Vegetative Strip language.
DNR Commissioner, .Mark Holsten -Letter received 02/02/008
Architect, Kelli Wegscheid -letter dated' 02/18/08 -disagreement with the inclusion of
rooftops in the impervious surface calculation and no credit given to permeable pavers in the
calculation
Continued Public Discussion -
Chairman Nelson opened the floor to comments from the public regarding the most recent Draft
Listing of Proposed Changes to the Shoreland Management Ordinance dated 02-19-08 and are
summarized as follows:
• Why was the concept of duplexes on double sized lots dropped?
Mr. Kalar stated that the concern was with enforcement and what kind of structure would
become a duplex, so that proposal has been dropped.
• Under Section 10 D. 4.e: Does this mean septic must be designed and a reserve system
staked before presenting the Preliminary Plat?
Mr. Kalar stated intent is not that the system be designed; rather, an appropriate area setup for
the system to be installed. This is to ensure that there is a legal site, actually, 2 legal sites at
the time of platting. If there are undisturbed areas and an owner wishes to work with the
designer and Land & Resource office, a change in location could be approved.
• Lengthy discussion took place regarding Otter Tail County's requirement for 2 ft. of good soil
types for septic systems rather than the 1 ft. standard that the State enacted. The Board
members agreed that the County would need to take a look at that requirement; however, that
requirement is contained in the Sanitation Code not in the SMO.
• Grade and Fill Permit -Statewide standards allow earthmoving up to 50 cubic yards without a
permit and Otter Tail County is at 20 cubic yards but the amendment is allowing more
opportunities for road authorities to work without obtaining a permit if work is within the road
right of way and the time limit does not pertain if the fill is outside of wetlands, bluffs, and the
Shore Impact Zone.
• A comment that the total surface area of a property/lot divided by a road should be included for
purposes of the impervious surface calculation contrary to the proposed revisions.
Mr. Kalar stated that this is not a change -it was in a different section of the Ordinance.
• Comment about the storm water runoff regulations with small increases in requirements that
likely will restrict some people from building and can have a huge impact on economics in the
area. Suggestion to use french drains and/or storm water runoff design to take care of the
issues. Concern expressed that clients will simply build in other places.
• Section V. 3. I. 6 -concern with "Near shore water depth" and the lack of definition.
• Comment on stringline language -may need to be clarified.
• Disagreed with allowing an RCU on property for 10 consecutive days because, technically,
they could be gone for 1 day and come back for 10 days.
OTC Board of Commissioners' Minutes
February 19, 2008
Page 13
• Suggestion to remove restriction on RCU's (as long as they are not hooked up to electricity or
water) because it is more realistic, practical and easier to enforce
• Comment in favor of allowing RCU's so family can visit and because it brings business to the
surrounding communities.
• Comment that, at resorts, regulations are followed and RCU's allowed to park near homes
may not have the same oversight.
• An example of the current issues with not allowing more than one dwelling on a lot for a
temporary period of time is when celebrating a 50th Wedding Anniversary.
• Commissioner Mosher stated that 5 consecutive days with no hook up could be a
compromise.
• Suggestion not to pass a requirement that cannot be enforced.
• Permeable pavers should have some credit in the impervious surface calculation.
• Additional comment to give credit for permeable pavers in the impervious surface calculation.
Permeable pavers are a very good product and permeable concrete is currently being tested
as well.
• Technology can take care of some of these issues -let design be the determining factor.
• Several comments opposed to the current regulation of one dwelling per parcel/lot as it relates
to temporary guests.
• Suggestion to use a permit system for non-use campers to address occasional use.
• Disagreement with one dwelling per lot as it pertains to lot size over 5 acres and/or farms.
• Suggestion to keep the duplex lot language from the first draft proposal.
• In favor of county wide zoning to take care of the land that is more than 1,000 ft. from a lake
and 300 ft. from a river so the lakeshore people don't have control of farming.
• Concern with sensitive areas in the subdivision provisions and who decides what is sensitive.
• A perception that Otter Tail County is writing policies to discourage tourism and expressed
opposition to discouraging retail traffic.
• Concern with high taxes.
• In favor of reasonable time to allow non-use campers -a common sense approach.
• Concern with grandkids that aren't allowed to pitch a tent. Becker County allows weekend
non-use camping and it has worked good for that County.
Adjournment
At 3:05 p.m., upon conclusion of the Public Hearing, Chairman Nelson declared the meeting of the
Otter Tail County Board of Commissioners adjourned until Tuesday, February 26, 2008.
Dated: _-=cD-=2c...-....c2c...<-,....· -....ce>c..,8'.~---
~
Attest: k~ ~
Carryohn~
CB/kd
. -•· ..
OTC Board of Commissioners' Minutes
February 19, 2008
Attachment A, Page I
WARRANTS APPROVED ON 2/19/2008 FOR PAYMENT 2/19/2008
VENDOR NAME
A'VIANDS LLC
ABG MAINTENANCE INC
ACCESS TELEVISION
AMERICAN INSTITUTIONAL SUPPLY
AMERICAN WELDING SUPPLIES INC
AMERICAN WELDING-WILLMAR FIRE
BAKKE ACOUSTICAL
BARRETT EMS TRAINING
BATTLE LAKE STANDARD
BEN FRANKLIN
BEYER BODY SHOP INC
BLUESTONE TECHNOLOGIES INC
BOB'S STANDARD BULK SERVICE
BOUND TREE MEDICAL LLC
STEVE BRANDNER
SANDRA BROWN
CARQUEST AUTO PARTS
CIT TECHNOLOGY FIN SERV INC
COMMISSIONER OF TRANSPORTATION
COOPERS TECHNOLOGY GROUP
CULLIGAN WATER COND
DEX MEDIA EAST
EVERGREEN EQUIPMENT INC
EVERTS TOWNSHIP
FERGUS FALLS DAILY JOURNAL
FERGUS FALLS MEDICAL GROUP
CITY FERGUS FALLS
GALL'S INC
GE CAPITAL (CA)
GODFATHERS EXTERMINATING INC
GR GRAPHICS INC FARGO
CHRISTINE GREENE
HEALTHCARE ENVIRONMENTAL SERVI
HENNING AUTO PARTS INC
HENNING HARDWARE
HIGH PLAINS TECHNOLOGY
SANDY HOLO
ROBERT HUCKEBY
INDEPENDENT EMERGENCY SERVICES
INFORMATION SYSTEMS CORP
INSIGHT PUBLIC SECTOR
JK SPORTS
KELLY SERVICES INC
LAKE REGION HEAL TH CARE CORP
LAKES AREA PEST CONTROL LLC
LARRY OTT INC TRUCK SERVICE
LITTLE FALLS MACHINE INC
JERRY LOKEN
MEKALSON HYDRAULICS INC
THE MIDWEEK
MINN KOTA COMMUNICATIONS INC
MN BOARD OF WATER & SOIL RESOU
MN DEPT OF TRANSPORTATION
NAPA FERGUS FALLS
NELSON FORD LINCOLN MERCURY IN
NICE THREADS INC
OLSON OIL CO INC
AMOUNT
5,958.62
90.53
500.00
94.33
171.37
7.03
425.00
1,000 00
23.86
9.76
70.00
482.51
110.60
74.29
182.09
40.94
1.91
189.86
130.00
32.83
34.79
20.50
78.81
3,252.00
410.62
29.25
8,154.60
201.25
372.74
321.08
58.70
24.99
104.00
243.68
184.52
119.34
33.60
9.94
54.86
223.21
89.46
29.99
923.03
1,278.00
83.07
350.00
1,296.50
9.88
627.48
2,817.36
158.00
500.00
150.00
15.31
20.82
382.56
285.64
ONE CALL LOCATORS LTD
OTTER TAIL CO TREASURER
OTTERTAIL TRUCKING INC
OUTDOOR RENOVATIONS LANDSCAPE
PACE ANAL YT I CAL SERVICES INC
PAMIDA INC 008
PENROSE OIL COMPANY
PEPSIAMERICAS
PERHAM AREA EMS
PERHAM CO OP CREAMERY
PERHAM STEEL & WELDING
PETE'S AMOCO
PHELPS FAMILY FORD
PITNEY BOWES
PREMIUM WATERS INC
PRO AG FARMERS CO OP
PRODUCTIVE ALTERNATIVES INC
RAPID CHEK INC
RELIABLE OFFICE SUPPLIES
REVIEW ENTERPRISES INC
CHERI SCHULTZ
SCOTT HOFLAND CONSTRUCTION INC
SOUTH MILL SERVICE
STEINS INC
STENERSON LUMBER
STREICHERS
SUSAN ULSCHMID
UL Tl MATE OFFICE
UNICEL FERGUS FALLS
UNIFORMS UNLIMITED
VIKING COCA-COLA
VOSS LIGHTING
WADENA CO AUDITOR TREASURER
WASTE MANAGEMENT
SHARON WICKLUND
LORI WINDELS
ZIEGLER INC
•••• FINAL TOTAL ...
OTC Board of Commissioners' Minutes
February 19, 2008
Attachment A, Page 2
11.50
19.08
10,242.50
1,667.50
780.00
13.82
696.75
475.05
315.00
3,336 36
9.59
754.08
703.75
384.42
5.33
1,875.89
82.72
1,191.47
44.94
265.93
42.58
3,690.00
39.11
369.91
28.27
296.95
24.00
56.61
35.12
510.10
157.51
198.93
1,322.78
42,683.36
6.48
49.98
64.43
$104,996.91 ••••