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Home My WebLink AboutBoard of Commissioners - Minutes - 04/04/1985rHNllTES OF THE .AD.JOURNED MEEI'ING OF THE BOARD Of' COUNTY COMMISSIONERS OI'TER TAIL COUNTY .MINNESorA Pursuant to adjoununent, the Board of County Canmissioners of otter Tail County met Thursday, April 4, 1985, with all members present. declared the meeting qpen at 12:40 p.m .. Chairman Nordgren notion was made by r"El O. Olson, seconded by Bert Hovland· and unani- mously carried, to authorize advertising for bids to be received until 10:00 a.rn., Wednesday ~'.lay, 8, 1985, for sand sealing 15.086 miles, seasonal supply of rock salt, bituminous material, hot mix bituminous material, culvert supplies and engineering fabr,ic supplies, and for bids to be received until 10:15 a.m., Wednesday, l'P.ay 8, 1985v for roadside mov.1J.I1g. Van Ellig appeared before the Board and discussed with the Board various items, urging the county board to support the Fish and Wildlife Enhancement Act of 1985 and urging the count<.1 board to sign the contract with the state of Minnesota \ for the propo~ed refuse._1burner installation at the Fergus Falls State Hospital. Pursuant _to published notice thereof, a hearing was held for the puq_,ose of receiving input from the general public regarding the proposed rrev.isions to the otter Tail County Shoreland Management Ordinance. After listening to the '(. various interested parties, motion was made by 8'_1dney Nelson· to approve the Shoreland Management Ordinance with the deil.;etion of "and satellite dishes" under C'::ieneral Pro- visions, Subd. 4. The motion was seconded by Bert Hovland but failed with And.f Lind- quist, Mel O. Olson and Hub Nordgren voting "no". · After further discussion, motion was then made by Mel O. Olson, seconded by Bert Hovland and carried, to close the public hearing on the proposed revisions to the otte;r Tail County Shoreland Management Ordinance. Motion was made by Andy Lindquist, seconded by Bert Hovland and unanirrously-carried, to adopt the Revisions of the Shoreland Management Ordinance of Otter Tail County, on file in the Office of the County Auditor, substance of which is condensed as below: SUMMARY OF CHMJGES TO THE SHORELAND MANAGEMENT ORDINANCE OF OTTER TAIL COUNTY, MINNESOTA I;3. TI1e citation of the enabling leRislation has be~n changed from the session law citation to the Minnesota Statutes citation. The comprehensive plan developed for Otter Tail County is adopted and notice is given that a copy is on file with the County Auditor. I.4. Satellite dishes have been specifically included as structures 11111lcr the Ordinance. I. 5. The Ordinance is clarified to show that it applies not only to owners but also to the persons involved in committing a violation of the Ordinance. II. 5. The definition of "building" has been added. "Any fixed construe l j on with walls and a roof." This relat.es to ·height limitations, III.4.b. II. 8. Examples have been added to the definition of "cluster developml•nt." II. The definition of "estimated value" has been deleted. The term is no longer used in the Ordinance. 11.15. The fee schedule has been made a separate document. The Counly Board may change the fee schedule without changing the Ordina~ce • . ~--~· Ii.20. A definition of "lot width" has been added. "The shortest dist,111ce between lot lines as measdred at the legal building setback line and not being l0ss than the required lake front.:1ie." II. 21. and 22. "Mobile home" has been changed to "manufactured home" to conform with current terminology and state statutes. I I. 25. "Normal high water mark" has been changed to "ordinary high w.i u.•r mark" to conform with general and state usage. III. The section on district requirements has been reorganized. Most of the standards will be contained in a table under Section III.4.a. The actual standards in the table are the same as under the old Ordinance, with the exception of road setbacks. The road setbacks have been reduced from 40 feet to 20 feet. III.4.b. The maximum height for buildings has been added. The limitatfons are 30 feet and 2 stori0s. IV.2.d. A new prc•visjon' has been added to limit the time for grading, filling, or changing n.1Lur.-1] topography to a period of time hetween April JS .1nd St>ptember .I, unless othl'rwise allowed in a conditional use permit. IV.4.b. An addition clarifies that the "grandfather clause" for suhst;111<Lird lois only permits development for uses which are allowed; and then only if a sit0 permit for a structure is obtained, and all the sanitary requirements are cc>mplil'd with. v. Under the new Ordinance, all cluster developments will be treated the> same. There used to be minor variations concerning mobile home parks, recreational campgrounds, resorts, and cluster developments. v. 2 .d. (2) and (3). A change in the Ordinance requires that additional fofor- mation b~ givin in presentations for conditional use permits. Applicants must now indicate the total water frontage and the number of dwelling units existing on the property involved. ___ _ v.2.e.(4) and (5). Under the new Ordinance, the applicant for a conditinnal use permit will also have to give the location and number of proposed dwellings on the property and the design of the sewage system, as well as its location. V.3.a. The following requirements for all cluster developments are incorporated in the new Ordinance: (1) Lot size per dwe 11 ing unit a) GD -13,333 square feet . b) RD 26,666 square feet c) NE -53,333 square feet d) ·Rs -26,666 square feet (2) Lake frontage per dwelling unit a) GD -·25 feet b) RD -50 feet c) NE -100 feet d) RS -100 f_eet VI. l. a. A provision has been arlded which requires that an applicant for n site permit notify the administrative officer when the footings are in place, so that an inspection can be made. The applicant must also submit scale drawings with the applica- tion. \'I. 1.c. The provision relating to camping units being placed on a lot on a temporary basis has been changed. l'lobile homes (now manufactured homes) have bl•en eliminated from this provision. The new section clarifies that the camping units must comply with the setback and sideyard requirements and also indicates that there shall be no sewer, water or electrical connections allowed. VI.2.d. An addition provides that the administrative officer may requirl' :rn on-site inspection before issuing a minor grading and filling conditional use Jh·rnd t. VI. 2. e. This section allows for a variance from the setback requirements if the structure is in line with other existing setbacks on either side of the property. VI.3.a. mien applyi~g fqr a condition,1 u~e permit, the applicant will he required to submit drawingi··or sketches. Also, the deadline for making an appl il',1- tion is changed from 17 to.20 days prior to the Planning Commission's next me('! inf, . . VI.3.b. A new section is added which requires an applicant for a condit i,,11.11 use permit to stake the area under consideration and post his name and address sc, that the property could be found. VI.3.h.(10) and (11). Two additional items have been added to the list of factors that the Planning Commission is to consider in conditional use applications: (10) Density and location of development. (11) Minimum change in the natural topography necessary to allow for authorized uses. VI.3.m. Applicant must notify the Administrative Officer within three days of completion of conditional use project. VI.4. The section .title has been changed from "Board of Adjustment" to "Appeals". VI.4.b. The language has been changed to delete references to appeals that the Board of Adjustment is no longer allowed to hear under state law. VI.S.g. The time limitation for applying for variances has been changed from 17 days to 20 days. VI.S.h. The applicant for a variance will be required to stake the area under consideration and post his name • • VI.S.j. An addition requires that a drawing of the area under consideration be submitted with a variance application. The drawing shall include all structures and setbacks. VI.7.b. All violations of the Ordinance are to be misdemeanors. Any reference to the punishment has been deleted. The effective date of the new Ordinance will be April 15, 1985, and any construction not completed by April 15, without a permit, will be considered a new construction and subject shall conform to the requirements of the new Ordinance. Upon motion made by Sydney Nelson, seconded by Andy Lindquist and unanimously carried, the following resolution was adopted: RESOLVED by the Board of County C0Im1issioners of Otter TaJl Col.IDty Minnesota, that WHEREAS, Otter Tail County recognizes the value of conserving, main- taining, enhancing and the wise use of fish and wildlife resources through natural resource planning protection and utilization for hunting, fishing, social, ecological and recreational values, and WHEREAS, Otter Tail County desires to protect, provide, enhance and maintain high quality habitat wildlife that is compatible with fanning practices, and WHEREAS, Otter Tail County desires to establish a funding rrechanisrn for the rnanagerrent of wild animal habitat which is financed by all citizens of the State of Minnesota, not just hunters, trappers and anglers, and WHEREAS, Otter Tail County recognizes its certain marginal fann lands should be kept out of annual crop production to protect soil, and water quality and support wild life habitat, help depressed farm economy by placing conservation dollars where they will give ailing furrrers relief, to enhance the natural resource values or marginal agricultural land, and to protect and develop wildlife habitat that bene- fits our tourist industry. WHEREAS, Otter Tail County can see a clear need for fanners to be paid ' a canpetitive rental, fee for retiring marginal and highly erodible lands from crop production and to reestablish on those lands a cover of perennial vegetation which shall include the restoration of previously drained wetlands, NOW, THEREFORE, BE IT RESOLVED, that the Otter Tail County Boaird hereby states their support for a bill introduced VJ Representative Rose and Senator Peterson entitle: FISH AND WILDLIFE ENHANCEMENT ACT OF 1985 and requests that legislators representing the County of Otter Tail support this legislation and funding for those objectives. Dated at Fergus Falls, MN this 4th day of April, 1985. ATTEST: Clerk I Upon notion made by Bert Hovland, seconded by Andy Lindquist and unanim:msly carried, the following resolution was adopted: RESOLVED by the Board of County Commissioners of Otter Tail County Minnesota, that The County of otter Tail requests the Commissioner of Transportation to enter into an agreerrent with. the Burlington-Northern Pailroad Carpany for the installation and maintenance of railroad crossing signals and crossing surface at the intersection of CSAH 75, CSAH 77, Co. Rd 135, CSAH 67, CSAH 8 & CSAH 60 with the tracks of Burlington Northern Railroad Corrpany, West of Wadena, Bluffton, SE of New York Mills, Perham and Luce, Minnesota, respectively, and appointing the Comrrissioner of Transportation agent for the County of otterTail to supervise said project and ad- minister available Federal Funds in accordance with Minnesota Statutes, Section 161.36 (1984). The County's share of the oost shall be O percent of the total cost. BE IT FURI'HER RESOLVED, that i~ there is a need for a road detour, the County shall be responsible for setting up the road detour and detour signing. The County shall bear all costs involved in setting up the road detour and needed approach vv0rk for crossing surface installation • BE IT FURTHER PESOLVED, that in the event that highway improverrents necessitate a rearrangement of the signals or crossing surface at said crossings, the party whose improvement causes said changes will bear the entire cost of the sane without obligation to the other. Dated at Fergus Falls, MN this 4th day of April, 1985. ATTEST: Clerk County Picard Aprj_l 4, 1985 Representatives of the Arror Town B0ard, Charles Erickson, spokesman, appeared before the Picard and presented · an Am:>r Town Picard resolution calling for the Federal Govenrrrent to cut all revenue sharing rroneys fran its budget, pri!11arily because it has no revenue to share, caJilimgfor support by otter Tail County. No action taken. Mr. Erickson also requested the Colll1ty Picard install some safety features on County Rd No. 1 in Am:>r Township, either flashing lights, or some alert system, and replace the "yield" sign with a "stop" sign. Erickson also informed the Picard the Township would not take over a vacated p0rtion of C.H.-#1 and \\Ould proceed with legal action should the County proceed with the turnback. June Ryan, Chairperson of the Otter Tail County Planning Corrmission, discussed with the Picard the proposed canoe and tubing trail for the Otter Tail River, infonning said board two informational rreetings had been held on said proposal. After consideration notion was made by Sydney Nelson that the Otter Tail River not be considered for state designation as a canoe and tubing trail. The motion was seconded by Andy Lindquist and unan.unously carried. Motion was made by Bert Hovland to delay Harding E. J\'brken' s applica- tion for conditional use permit for viewing by the Cmmty Board. 'Ihe motion was seconded by Sydney Nelson and unanirrously carried. Motion was rrade by Bert Hovland, seconded by Andy Lindquist and unani- nously carried, to approve the application of E. J. Hillier for a conditional use per- mit to level and landscape, _ but no filling, on property in the SW¼ of Section 2 9, Lida Township. Upon notion rrade by Bert Hovland, seconded by Andy Lindquist and l.Il1ani- mously carried, the following applications for conditional use permit were approved, subject to conditional requirements: Ernie R. Thielke s. J. Klassen Merrill Will Donald Johnson Tordenskjold Township Dora Township Tordenskjold Township Scambler Township Remove ice ridge for docking purposes Expand recreational campground· Remove hill top and construct-. driveway Preliminary plat of Sunset Bay Section 26, and also construct road to serve sane County Board April 4, 1985 Motion was made by Bert Hovland, seconded by Andy Lindquist and lll'lani- rrously carried, to uphold the decision of the otter Tail Colll1ty Planning Commission . \ and deny the application of W. J. Kennel1y, . Scambler 'Ibwnship, to shave hill and fill la.v area. Motion was made by ~l O. Olson, semnded by Andy Lindquist and lll'lani- rrously carried, to approve the following applicatiqns for s~.rage dis:[X)sal installers license: Todd Schroeder Richard E. Hanson Benedic:t B. Bitzan Edwin Pikal Ashby Plumbing & Heati?g Dick's Backhoe Service Bitzan Backhoe Service Lloyd's Excavating P. J. Excavating & Concrete McGowan Clearing & Sodding Stadurn Plumbing Ashby, MN Fergus Falls, MN Evansville, MN' Henning, MN Erhard, MN Erhard, MN ottertail, MN Erhard, MN Lloyd peasley Steve Jorgenson Melvin McGowan Allen Stadurn Steve Torgrimson David Ripley Torgy's Trenching & Construction Ashby, .MN K. L. Bergstrom Kent Meader I.eRoy Kahle Sherrill Jacobson Gary E. Honer James Golanbiecki Charles Egge Ripley's Inc. Minn-Kota Excavating Kahle Plumbing & Htg. Jacobson & Sons Excavating Honer Construction Co. C'.,olanbiecki' s Excavating Egge Construction Erhard, MN Minneapolis , MN Dent, MN Detroit I.akes, MN Underwood, MN Dent, MN Fergus Falls, MN' Pelican Rapids, MN Motion was :rrede by Andy ,Lindquist, seconded:by Bert Hovland and lll'lanino:usly carried, to approve the application of John StOW"ers for a savage system cleaners license dba The Purrper, Vergas,· MN. Steve Schmidt of the Perham JCs appea::r;:ed before the Board relative to , applications for garrbling pe:rmi t at the Cactus Cardens, Perham. No action taken pending an opinion by the County Attorney. County Board April 4, 1985 . Sharon Bailey, .engineer from Reike, Carrol, .Muller Associates, appeared before the Board and presented the final engineering study for solid waste incinerator for the Fergus Falls State Hospital. : Motion wa,s ma_de by Bert Hovland,· seconded by M9l O. Olson and unanimously carried, .to approve the contract agreement with RCM Associates and the Chairman of the:Board and the County Auditor were authorized to execute said agreement on behalf of Otter Tail County. Motion was made by Sydney Nelson, seconded by Melo. Olson and unani- mously carried, to transfer a vehicle from the Sheriff's Departrrent to the Land & Resource office for the sum of $1,100.00. Motion was made by Mel O. Olson, seconded by Bert Hovland and unani- mously carried, to proceed with advertising for a programrer-analyst and authorize sending Sherron Shale to Faleigh, NC, for training for programming. M:>tiilon was made by Bert Hovland, seconded by Andy Lindquist and unanimously carried, to approve the application of the City of Deer Creek for tax exerrpt status on property in the City of Deer Creek owned by said City. Moti<lm was made by Bert Hovland, seconded by Mel O. Olson and unani- mously carried, to rescind the earlier motion approving the applications for sewage disposal installers licenses. Motion was made by Mel O. Olson, seconded by Bert Hovland and unani- mously carried, to approve the minutes of the March 20, 1985 rreeting • . Motion was made by Andy Lindquist, seconded by Bert Hovland and unani- mously carried, authorizing County Attorney Mike Kirk to write letters to the editor of various newspapers in Otter Tail County relative to the new per diem regulations implemented by the County Board in D=cember of 1984. · Motion was made by Bert Hoyland, seconded by Sydney Nelson and unani- mously carried, to approve the application of Joe Merseth for forgiveness of penalty on late payrrent of tax in the City of Rothsay due to errors in mailing. · Motion was made by Bert Hovland, seconded by Mel 0. Olson and unani- mously carried, to approve the application ~f James E. Lindquist for forgiveness of penalty on late payment of tax m Pine Lake Township due to errors in mailing •. County Board April 4, 1985 Motion was made by Sydney Nelson, seconded by Andy Lindquist and unanimously carried, to approve payment of tax without penalty by James Platt, in the City of Pelican Rapids and Pelican Township, due 'to an error in po~ting by the treasurer's office, M::>tion was made by Sydney Nelson, seconded by Bert Hovland and unani- mously carried, to approve the following applications for reduction of assessed value, horrestead classification or forgiveness of penalty: Phyllis Boedigheirrer laura M::>ore Laura M::>ore M:nk W. Lawson Ruby DeWar Dora Township Blowers Township Blowers Township Lida 'Ibwnship Perham City Error in posting, penalty forgiveness Rerrove tax, penalty, etc. assessed in error Omitted property_for 1984 tax Horrestead classification Error in tax roll figures, rerrove penalty, interest and_ (X)Sts Upon motion made by Sydney Nelson, se(X)nded by Bert Hovland apd unani- mously carried, the following applications for various licenses were approved: Beer licenses: Herbert o. Meier Roger Haugse Ray A. Chase M. Dale Bast James Ellis 'Ihomas Stich Charles Malmstrom O.Ven & Jane Stowman Edward J. Stans 'Ihomas & Lynda Nelson Ronald J. Bina Wine licenses: Ronald J. Bina Ben Zacher Liquor licenses: Marvin E. Andersen Maynard M. Peterson Perham Oasis, Inc. South Turtle Lake Resort Ethel Beach Resort Interstate Skelly Graystone I.Ddge Comer Store .Madsen's Resort Shady Grove Resort Stan's Pleasant View:Resort T & L's Lil' Store Galaxy Resort · Galaxy Resort Fisherman's l'Vharf OakwDod Supper Club Mable Murphy's Perham 'Ibwnship Sverdrup Township Girard Township Fergus Falls Township Everts Township Amor Township (off sale only) Everts Township Rush Lake Township Dead Lake Township Friberg Township (off sale only) Star Lake Township Star Lake Township Everts Township Henning Township Fergus Falls Township upon motion made by Andy Lindquist, seconded by Mel O. Olson and unanimously carried, the following resolution was adopted: RESOLVED by the Board of County Comnissioners of otter Tail County Minnesota, that WHEREAS, the Minnesota Departrrent of Public Safety has continued to promote efforts to ensure corrpliance with the 55 m.p.h. speed limit through funding of County Sheriff's concentrated speed enforcement effots; and WHEREAS, the Minnesota Departrrent:of Public Safety has established Project 55 for 1985 to achieve the above stated purpose, prorroting law enforcement and traffic safety, and WHEREAS, the County is eligible to receive up to $16,000 in reimburse- ment for participation in Project 55 to be conducted beginning on May 1, 1985 and extending through Septenber 30, 1985, to offset any increased overtime patrol costs: NOW, THEREFORE, BE IT RESOLVED that the County of Otter Tail enter into agreerrent with the State of Minnesota, Department of Public Safety for the following purposes, to wit: to re:ilnburse the County for money spent for approved activities in connection with Project 55 for additional traffic law enforcement on County State Aid Highways within said County to increase corrpl.iance with the 55 m.p .• h. speed limit. BE IT FURTHER RESOLVED that the Chairperson of the County Board and the County Auditor be and they hereby are authorized to execute such agreerrent. BE IT FINALLY P-ESOLVED that a copy of this resolution be forwarded to Glen M. Melby, County Sheriff. Dated at Fergus Falls, MN, this 4th day of April, 1985. Chainrian ATTEST: Clerk Upon motion made by Sydney Nelson, seconded by Andy Lindquist and'. unanimously carried, the following resolution was adopted: RESOLVED by the Board of County Commissioners of otter Tail County Minnesota, that WHEREAS, The County Board on January 8, 1985, accepted the bid of Fergus .r-btors, Inc. , Fergus Falls, MN, for five vehicles to be used by the County Sheriff's Department, in the arrount of $53,475.00, and WHEREAS, the above vehicles have now been delivered to the satis- faction of the County Board at a total cost of $53,055.00, a decrease of $420.00 due to elimination of certain enhancements, NOW, THEREFORE, BE IT RESOLVED, the County Auditor is hereby authorized and directed to issue a warrant in the arrount of $53,055.00 in full · payment thereof. Dated at Fergus Falls, MN this 4th day of April, 1985. ATTEST: Upon motion made by Andy Lindquist, seconded by Bert Hovland and unanimously carried, the following resolution was adopted: RESOLVED by the Board of Cmmty Canrnissioners of otter Tail County Minnesota, that WHEREAS, Otter Tail County, a.public entity within the State of _Minnesota, has suffered and is suffering an economic crisis· and; WHEREAS, Otter Tail County has 13.5% unerrployment and 25% of its working population errployed in agriculture, and WHEREAS, Otter Tail Cotmty has expended all resources of local and state goverrurent that is available to assist in this matter, and WHEREAS, Otter Tail County is in further need of federal assis- tance prograrrs to supplement local and state act,ion, and WHEREAS, without federal financial assistance higher unerrployment and further deterioration of our econany would likely result; =.c'.:.:. row, THEREFORE, be it resolved that the Board of County Cormnissioners for and on behalf of the-citizens of otter Tail County request that the_Govemor of the State of Minnesota petition the President of the United States to declare the County of Otter Tail, Minnesota, an emergency Area. Adopted at Fergus Falls, MN" this 4th day of April, 1985. Chaiman ATI'EST: Clerk County Board April 4, 1985 M:>tion was made by Mel o. Olson, in response to.· a. request for interest payments on tax refunds, to not pay interest on said refunds. The notion · was seconded by Bert Hovland, but failed with Andy Lindquist, Hub Nordgren and Sydney Nelson voting "no''. After additonal consideration, notion was made by Sydney Nelson, seconded by Andy Lindquist and carried with Mel O. Olson voting "no", to pay interest on refunds of tax payments due to abatements. At the request of the County Attorney, notion was made by Andy Lind-· qui.st, seconded by Mel O. Olson and carried unaninously, to close the meeting to the public for purpose of litigation discussion. With no further business, at 6 :00 p.m., Chail'.TIEil Nordgren adjourned the meeting until 9: 30 a. m. , Tuesday, April 9, 1985. A'ITEST: Approved --~---'Z~--fl--'-:>-__ _