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Call to Order
The Otter Tail County Human Services Board convened Tuesday, March 25, 1997 at 9:30 a.m. at the
Otter Tail County Courthouse with Commissioners Malcolm Lee, Chair; Syd Nelson, Andy Lindquist,
Bill Stone, and Virginia Portmann present.
Approval of Agenda
Motion by Lindquist, second by Portmann, and unanimously carried to approve the Human Services
agenda of March 25, 1997 as submitted.
Approval of Minutes
Motion by Lindquist, second by Portmann, and unanimously carried to approve the Human Services
minutes of March 11, 1997 as mailed.
Proposed Community Justice Act Legislation
Court Services Director, Chuck Kitzman, reported that the Community Justice Act has now been submitted
in the form of a bill. Mr. Kitzman's interpretation of the proposed bills would not allow for Otter Tail County's
present corrections system to exist. Mr. Kitzman, as directed by the judges, has written a letter in
opposition of the Community Justice Act to area legislators. Motion by Lindquist, second by Portmann, and
unanimously carried to direct the County Attorney and Court Services Director to prepare a resolution in
opposition of the Community Justice Act and the AMC resolution and include the county's reasons for
opposing this proposed legislation. Additionally, the motion authorized the Chairman to sign the resolution
upon its completion.
Collaborative Grant Request
Public Health Director, Diane Thorson, and Family Services Collaborative Coordinator, Frances Eggen,
requested funds from monies budgeted for new ideas within the Collaborative Grant. Upon confirmation of
budgeted funds, a motion was offered by Portmann, seconded by Stone, and unanimously carried to
approve payment of $1,000 to the Community Transition lnteragency Committee (CTIC) and to enter into a
collaborative agreement. This collaborative agreement will assist the agency in identifying current services,
programs, and funding and recommending changes/improvements in the community based system of
transition services for secondary and post secondary aged youth with disabilities and their families.
Ms. Eggen requested funding from the Collaborative Grant for special needs children and their families
through the Windmill project. Commissioner Portmann requested a flow chart of funding from the
Collaborative Grant to better understand the focus of how the money is being used, prevent duplication of
services, and to accomplish the overall purpose of the grant. The board requested that Ms. Eggen and
Ms. Thorson return to the board in two weeks with further information.
Rural Funding Outreach Programs
Public Health Director, Diane Thorson, reported an interest of several agencies in applying for funding of
rural outreach programs. Rural health outreach dollars are available with preference given to inclusion of
several health agencies in the program. Ms. Thorson has drafted an application for the grant. There is no
requirement of an in-kind match except staff time and the Public Health Department would be the grantee.
Update -Move to New Location
Otter Tail County Board of Commissioners
March 25, 1997
Page2 ..
Ms. Thorson reported that Phase I of the Public Health Department's move to their new location (First Bank
Building) is underway. The Maternal Child Health and WIG offices will move this week. The department
should complete their move mid-April.
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Bills & Claims
Motion by Lindquist, second by Stone, and unanimously carried to approve the Human Services bills and
claims as submitted.
1996 Adult MH Local Advisory Council Report
Lorraine Erickson and Ardys Brensike, members of the Otter Tail County Adult Mental Health LAC briefed
the board regarding the council's activities during 1996. Ms. Brensike reported one of their major goals is
to provide "A Place To Be", a social center for people with mental illness. Tom Jensen, Social Services
Supervisor, expressed appreciation to Ardys and Lorraine for their work in helping individuals with
persistent mental illness.
S.A.I.L. Agreement
Motion by Partmann, second by Lindquist, and unanimously carried to authorize the signature's of the Chair
and Social Services Director on Supplement No. 2 to the S.A.I.L. Contract (H55-404937) to extend the
S.A.I.L. program for 18 months to continue to develop resources to work with the senior programming.
Letter to Employees
Tom Fawcett, Social Services Director, read a letter written to employees regarding over time and routine
medical time. Commissioner Lee directed Mr. Fawcett to review the letter with the County Coordinator.
Adjournment 0
.,.At 11 :02 a.m., Chairman Lee declared the meeting of the Otter Tail County Human Services Board
adjourn ~u~9:30 a.m. on Tuesday, April 8, 199~
By/4,$/4~/ ~ ~ By _cdJ....:...'~,_?-~_!::-~_"k___.:::::._ ____ _
Malcolm Lee, Chair Thomas M. Fawcett, Social Services Director
Dated _~-'----8"'_-...:....C/_7 ______ _
Call to Order
The Otter Tail County Board of Commissioners convened Tuesday, March 25, 1997 at 1 :00 p.m. at the
Otter Tail County Courthouse with Commissioners Andy Lindquist, Chair; Syd Nelson, Bill Stone,
Malcolm Lee, and Virginia Portmann present.
Approval of Agenda
Motion by Stone, second by Portmann, and unanimously carried to approve the County Board agenda of
March 25, 1997.
Approval of Minutes
Motion by Lee, second by Portmann, and unanimously carried to approve the amended County Board
minutes of March 18, 1997.
· Presentation of Appreciation Plaque Q
Chairman Lindquist presented a retirement plaque to Highway Maintenance Worker, Lowell Peterson, for •·. ·
appreciation of thirty years of service in the Otter Tail County Highway Department.
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GIS/Addressing Update
Otter Tail County Board of Commissioners
March 25, 1997
Page3
Bob Block, Addressing Coordinator, presented a postcard that went out with every tax statement requesting
· citizens to write down directions to get to their home to better enable an emergency responder to find you in
case of an emergency. Mr. Block provided draft copies of an Enhanced 911 Ordinance. The County
Attorney will review the ordinance. The GIS staff is working with cities in the county to get each city
properly addressed. A DVC flow chart was submitted to ensure a good quality project of verifying
addresses. The GIS staff will be visiting Lakeville, MN which has the most modern E-911 communication
system in the area.
Commissioners suggested meeting with the cities in the county similar to the annual township meetings.
Chairman Lindquist requested an evening meeting, one for cities located on the west side of the county and
one for cities located on the east side.
Performance Evaluation Summaries
Motion by Lee, second by Partmann, and unanimously carried to authorize the Chair's signature to approve
the favorable performance evaluation summaries of Bill Kalar, Land & Resource Administrator, and
Mike Hanan, Solid Waste Director, and to place the summaries in their personnel files.
Toll-Free Phone Service
The County Coordinator provided information regarding the cost of incoming toll-free phone service. An
accurate prediction of how many incoming phone calls Otter Tail County currently receives is difficult. The
AMC is currently researching by way of survey if there are any other counties ·currently offering incoming
toll-free service. The County Coordinator will return after receiving the additional information.
Housing Rental Rehabilitation Program
Larry Krohn, County Coordinator, reported that absent a motion by the County Board to authorize the
WCMHP to apply for and administer the Housing Rental Rehabilitation Program, the program will not move
forward in 1997. General consensus of the board is to authorize the WCMHP to administer the program for
1997, however, these duties will be assigned to the joint City/County HRA commencing in 1998. This
resolution will be offered at the next regular board meeting.
Water Plan Update
Land & Resource Administrator, Bill Kalar, informed the board that the final draft Otter Tail County Water
· Plan will be sent to the Board of Water and Soil Resources by April 1, 1997.
Utility Tax Reform Update
Bob Moe, Assessor, briefed the board regarding a recent conference call regarding proposed utility tax
reform legislation.
Board of Review Schedule
Mr. Moe provided copies of the schedule for Boards of Review.
Correction -Minutes of September 24, 1996
Motion by Lee, second by Partmann, and unanimously carried to correct a section number on Page 4 under
the heading "Roadway Drainage -County Highway 11 O" as follows: "section 36" in Aastad Township
should read "section 26" in Aastad Township.
SCORE Tax Resolution
Otter Tail County Resolution No. 97-17
UPON a motion by Stone, second by Lee, and unanimously carried, the Otter Tail County Board of
Commissioners adopts the following resolution:
Otter Tail County Board of Commissioners
March 25, 1997
Page4
WHEREAS, in 1988 the Select Committee on Recycling and the Environment (SCORE) developed
recommendations to enhance and increase waste reduction, recycling, and related solid waste abatement
programs;
WHEREAS, the Legislature enacted legislation in 1989 that established program directions and provided
funding assistance to implement the SCORE recommendations;
WHEREAS, the funding for these programs was provided by applying the state sales and use tax to solid
waste collection and disposal services, referred to as the SCORE tax, and the definition of the tax was
changed in 1995 to mixed municipal solid waste management services in an effort to clarify application of
the SCORE tax;
WHEREAS, SCORE programs have been a critical part of Minnesota's integrated solid waste management
system, and have contributed to Minnesota's success in recycling and waste abatement;
WHEREAS, application of the SCORE tax has become a controversial issue due to differing interpretations
of the statute, specifically as it relates to how the SCORE tax should be applied to local government solid
waste activities and due to unique language that costs in excess of direct charges are included as taxable
costs in applying the SCORE tax;
WHEREAS, since 1995 the Legislature has placed a moratorium on efforts to collect any underpayments
from local governments, or to reimburse any overpayments, while directing the Department of Revenue to
evaluate the application of the SCORE tax on local government solid waste activities; and
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-WHEREAS, the 1996 Legislature debated the issue extensively and created the SCORE Tax Task Force to
examine issues associated with the SCORE tax, and to make recommendations to address issues related
to past and future application of the SCORE Tax. 0
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THEREFORE, BE IT RESOLVED, the Otter Tail County Board of Commissioners support and recommends
the 1997 Legislature modify the SCORE tax as follows:
• Extend permanently the current moratorium to collect any underpayments from local governments, or to
reimburse any overpayments on taxes on solid waste services.
• Remove the provision in Minn. Statute 297 A, Subd. 2 --unique to the SCORE sales tax --that requires
local government units to calculate and remit SCORE tax for solid waste management services in
excess of direct charges.
• Accept and support the report of the SCORE Sales Tax Task Force.
• Require an annual disclosure on the total amount of revenue collected by the SCORE tax.
• Require that all revenue generated from the SCORE Sales Tax be allocated to county solid waste
management programs.
Adopted this 25th day of March, 1997.
Atte& lu~ ~ Larry Krnn, Clrk
Approval to Sell Used Equipment
Motion by Stone, second by Portmann, and unanimously carried to sell used recycling equipment to the
highest bidder as follows:
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. Steve Raguse
Otter Tail County Board of Commissioners
March 25, 1997
Page5
Plastic Granulator, Model #G1620M1
REM Conveyor (208 volt)
$1,250
$ 250
0 Sigelman Steel & Salvage Company Can Densifier, Model #DAC 1200
REM Conveyor (11 O volt)
$6,000
$ 300
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Engineering Services -Northeast Landfill
Mike Hanan, Solid Waste Director, reported that a permit application for the Northeast Landfill is due
February of 1998. Motion by Nelson, second by Lee, and unanimously carried to approve engineering
services by Foth and Van Dyke for the NE Landfill, in the amount of $25,510, payable out of the NE Landfill
contingency fund.
Liquor License Renewals
Motion by Partmann, second by Lee, and unanimously carried to approve the following applications for
license:
Galaxy Resort
Ronald J. and JoAnn E. Bina
Dent, MN
Hidden Acres
Craig G. Ronning
Vergas, MN
Consumption and Display Permit
Consumption and Display Permit
Riverfront Lounge On-Sale Intoxicating Liquor License
Walter Schmidt
Underwood, MN
Subject to the approval of the County Attorney's office and to the payment of the prorated license fee.
Ye Olde School House
Gail Suko
Erhard, MN
Zorbaz on Otter Tail
Thomas W. Hanson
Battle Lake, MN
Consumption and Display Permit
Seasonal On-Sale Intoxicating Liquor License
Subject to the approval of the County Attorney's office.
Authorization for Exemption from Lawful Gambling License
Motion by Stone, second by Partmann, and unanimously carried to waive the 30 day waiting period for the
Application for Authorization for Exemption from Lawful Gambling License as submitted by the Maidens of
the Prairie to Lakes Ducks Unlimited Chapter for an event scheduled for April 22, 1997, at the Peak Supper
Club.
Right-of-Way Encroachments
Rick West, Highway Engineer, informed the board that the current policies regarding right-of-way
encroachments will be strictly enforced.
Driveway Approach for Construction
Motion by Nelson, second by Lee, and unanimously carried to require a deposit/bond to accompany a
permit application for construction of a driveway approach. The deposit rates approved are equivalent to
the fees charge by MnDOT. The deposit will be returned after inspection of the project verifying
construction was completed in accordance with specifications.
Otter Tail County Board of Commissioners
March 25, 1997
Page6
Request for Reduction in Retainage on CSAH No. 88 Project
Motion by Lee, second by Partmann, and unanimously carried to reduce the retainage for the CSAH No. 88 o· ..
project from 5% to 21/2 % because 87% of the project is complete. The contractor on the job was Mark
Sand & Gravel Company.
State of Minnesota
Sub-Grant Agreement for Federal Assistance
Under the Infrastructure Program for Sub-Grantees
Otter Tail County Resolution No. 97-18
UPON a motion from Lee, second by Partmann, and unanimously carried, the Otter Tail County Board of
Commissioners adopts the following resolution:
BE IT RESOLVED that Otter Tail County enter into a Sub-grant Agreement with the Division of Emergency
Management in the Minnesota Department of Public Safety for the program entitled Infrastructure Program
for FEMA 1158-DR-MINNESOTA.
Richard West, County Engineer, is hereby authorized to execute and sign such Sub-grant Agreements and
amendments as are necessary to implement the project on behalf of Otter Tail County.
Adopted this 25th day of March, 1997.
Dated: cA /JA'. 0 , I !'197 r , OTTER TAIL COUNTY BOA SIONERS _ ... -··
Recess & Reconvene
At 2:25 p.m., Chairman Lindquist declared the meeting of the Otter Tail County Board of Commissioners
recessed for a break, and at 3:00 p.m., reconvened the meeting.
Liquor License
Motion by Partmann, second by Lee, and unanimously carried to amend the previous motion to include
approval of the following application for license:
Dave & Louise's
Dave & Louise Trana
Henning, MN
Consumption and Display Permit
Public Hearing for Consideration of Amendments
Shoreland Management Ordinance
Chairman Lindquist opened the public hearing at 3:02 p.m. Land & Resource Administrator, Bill Kalar
provided a background of the meetings previously held for public input regarding the proposed revisions of
the Shoreland Management Ordinance. Mr. Kalar reported that the Planning Commission discussed and
passed a motion to recommend the following revisions to the SMO:
1) to regulate overhead transmission and substation lines in excess of 33 KV
2) require a 20 ft. setback from the traveled surface of a road easement
3) approve the 33 proposed items as outlined and dated 3/17/97 (see attached summary)
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Otter Tail County Board of Commissioners
March 25, 1997
Page 7
The Summary of Proposed SMO Revisions dated 3/17/97 was provided to commissioners and the public in
attendance. A written/verbal comment period for public input regarding revisions has been open since last
November.
Wally Senyk, County Attorney, expressed an understanding that the board members did not wish to
regulate power lines because the utilities industry is already highly regulated. Mr. Senyk stated that the last
·major revision of the SMO was February 5, 1992, when the state required Otter Tail County to bring the
·SMO into compliance with state wide standards. The current proposed revisions are primarily language
changes based upon past experience of the county in enforcing the provisions of the SMO. The DNR will
need to review and approve the revisions. Otter Tail County's Ordinance is more restrictive than state
regulations require and Otter Tail County decided not to propose amendments that would relax current
restrictions in "cluster developments".
The Land & Resource Administrator and County Attorney explained the 33 proposed SMO revisions.
Chairman Lindquist introduced several members of the Planning Commission and Board of Adjustment.
The Chairman then opened discussion for public input.
John Matteson -questioned where the change in relation of buffer zone fits in with fertilization
John Rademacher -asked for clarification of terminology of attached structure
·Stephanie Frahm, Swan Lake Resort -concerned with definition of appurtenant structure relative to decks
and storage sheds and concern with handicap access to RV's
Pat Schultz -Ten Mile Lake Resort -would like to see the county deal with individual cases rather than
•affect everyone with restrictive ordinance as many tourists come to Otter Tail County and spend a lot of
money
Judd Young, Maple Lane Resort -believes proposed ordinance is too restrictive -storage sheds are great
to keep the outdoors tidy and neat looking -does not believe size of decks should be restricted
Duane Olson -East Battle Lake -question regarding RV's parked on a single lot and about getting "rid of
clutter'' around the lakes
Denny Frahm -believes sewer problems lie with property owners not resort owners
Alan Haugrud, Jewett Lake -concern with Item No. 26 language, feels the definition is too broad
E.B. Floersch -asked about potential of additions
Clem Hendrickson -no problems with the proposed changes in the SMO -would like to see a regulation to
change requirement for the size of metes and bounds tracts (length to width ratio)
John Matteson -question on where letters were sent regarding the previous public hearings
Representative of Stalker Lake Assn. (President) and Land Surveyors -spoke in favor of allowing splitting
without platting
Dwight Karsten -spoke in opposition of item No. 26
Melanie Green -spoke in opposition of the proposed revisions because all of the laws cannot be enforced
Otter Tail County Board of Commissioners
March 25, 1997
Page8
Denny Frahm -opposed to appurtenant structures language and spoke in opposition to separate regulation
for resorts vs individual lakeshore ownership
Cecil Femling -Board of Adjustment -recognized problems faced by resort owners
Mr. Haugrud -asked for clarification on non-conforming prohibitive use language
Charlie Brust, Clitherall Lake -questioned where determination came for the 50 ft. rule for spreading
fertilizer containing phosphorus -would like to see 1,000 ft.
John Matteson -concern with condemning practices without offering solutions
Malcolm Bolton, Battle Lake -spoke in favor of updating ordinances even if all regulations cannot be
enforced because it offers a guide to use to keep good water quality in our lakes
The Land & Resource Administrator and the County Attorney responded to questions. The County
Attorney explained that in addition to the concerns expressed today, the board members hear frequent
complaints from land owners in opposition of what the Otter Tail County Shoreland Management Ordinance
currently allows. The proposed revisions are an effort to clarify the language of the SMO and, in some
cases, further restrict uses of property. The County Board has heard sentiment for these restrictions and
now is hearing sentiments against.
Upon conclusion of the public comments, Chairman Lindquist referred the proposed revisions (specifically
items #23 and #26 in Attachment A) back to the Planning Commission for reconsideration at their next
scheduled meeting. The County Board will consider the proposed revisions to the SMO and Subdivision
Controls Ordinance on April 8, 1997 at 1 :30 p.m.
Adjournment
At 4:40 p.m., Chairman Lindquist declared the public hearing and the meeting of the Otter Tail County
Board of Commissioners adjourned until 9:30 a.m. on Tuesday, April 1, 1997.
CB/kd
Attachment
I ) OTTER TAIL COUNTY BO
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SECTION
1. 11.5.
2. II. 7.
3. II. 15.
4. 11.16.
5. 11.22.
6. 11.31.
7. 11.38.
8. 11.49.
0 9. 11.59.
10. 11.65.
11 . 11.67.
12. 111.2. & 3.
13. 111.2. & 3.
14. II1.4.A.
15. II1.4.B.
16. II1.4.H.
17. IV.2.
0 18. IV.9.
Attachment A
SUMMARY OF
PROPOSED SMO REVISIONS
(3/17 /97)
PAGE REVISION
3. Defines "Attached Structure"
3. Clarifies Definition For "Bluff"
4. Amends Definition for "Commercial"
4. Amends Definition For "Commissioner"
4. Amends Definition For "Dwelling Unit"
5. Defines "Forest"
5. Defines "Impervious Surface"
6. Defines "Public Utility"
7. Clarifies Definition For "Shore Impact Zone"
8. Defines "Story"
8. Amends Definition For "Structure"
10. "Industrial Use" Becomes A Conditional Use On RD
Lakes And Urban & Tributary Rivers
10. Identifies "Extractive Use" As A Conditional Use
11 . Establishes Structure Setback From Alleys And Private
Road Easements, Dwelling Height Increased And
Nondwelling Height Exemption For Agricultural Buildings
12. Amends Subdivision Requirement For Nonresidential
Backlots
13. Establishes Date Of Structure Setbacks Pertaining to
Decks
14. Replaces "Building" With "Dwelling Unit"
19. Clarifies Mining (Minerals And Peat)
19. IV.1 O.D.4.d. 20. Requires "Buildable Area" Be Shown On Each Proposed
' Residential Lot
20. IV.11.A. 20./21. Clarifies Type Of Unit 0 21. IV.11.C.1.a.3. 22. Excludes Public Road Right-Of-Way From Density
Calculation
22. IV.11.C.1.j.8. 24. Clarifies Vegetation and Topographical Alterations Within
Open Space
23. IV.11.C.1.k. 24. RCUs In A Cluster Development Must Be Currently
Licensed And No Appurtenant Structures Are Allowed
24. IV.11.D. 24. Clarifies Conversions
25. IV.12.B. 25. Updates Sanitation Language
26. IV.12.C. 25. Clarifies That A Prohibited Nonconforming Use May Not
Be Expanded, Improved Or Repaired
27. IV.13.C.Var. 26. Clarifies Site Permit Exemptions
28. V.3.A. 27. Clarifies CUP Application Process And Requirements
29. V.3.B. 27. Establishes Waiver For 60 Day Rule For CUP 0 Applications
30. V.5.D. 30. Clarifies That A Variance Can Not Be Granted For The
Expansion Of An Existing Prohibited Use
31. V.5.F. 30. Clarifies Variance Application Process And Requirements
32. V.5.G. 30. Establishes Waiver For 60 Day Rule For Variance
Applications
33. V.9.G. 33. Establishes New Effective Date
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