HomeMy WebLinkAboutBoard of Commissioners - Minutes - 07/16/2019 MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, Commissioners’ Room 515 W. Fir Avenue, Fergus Falls, MN July 16, 2019 8:30 a.m. Call to Order The Otter Tail County Board of Commissioners convened at 8:30 a.m. Tuesday, July 16, 2019, at the Government Services Center in Fergus Falls, MN, with Commissioners Doug Huebsch, Chair; Lee Rogness, Vice-Chair; Wayne Johnson, John Lindquist and Betty Murphy present. Approval of Agenda Chair Huebsch called for approval of the Board Agenda. Motion by Johnson, second by Rogness and unanimously carried to approve the Board of Commissioners Agenda of July 16, 2019 with the following addition: PLPOA Correspondence Consent Agenda Motion by Johnson, second by Lindquist and unanimously carried to approve Consent Agenda items as follows: 1. Warrants/Bills for July 16, 2019 (Exhibit B) 2. Human Services & Public Health Warrants/Bills for July 16, 2019 (Exhibit B) 3. Approval of issuance of an Otter Tail County credit card to Probation Director, Michael Schommer County Board Minutes of June 25, 2019 Motion by Johnson, second by Rogness and unanimously carried to approve the June 25, 2019, Board of Commissioners minutes, amended as follows: Original Motion : Road Project Near 210 Elevator Motion by Rogness, second by Lindquist and unanimously carried to bring to the Public Works Committee the concern of devastation to township roads due to the travel of Semi Loads during the project. This language is amended to read as follows: Loading of Unit Trains Near 210 Elevator Motion by Rogness, second by Lindquist and unanimously carried to bring to the Public Works Committee the concern of devastation to township roads due to the travel of Semi Loads during unit train loading. U.S. Fish and Wildlife Service (USFWS) Waterfowl & Habitat Easements USFWS Supervisory Realty Specialist Stacy Salvevold appeared before the Board and requested certification of 2 habitat protection easements and a wetland easement. Documentation was previously submitted regarding the request. Motion by Johnson, second by Lindquist and unanimously carried to approve certification for the USFWS to secure the following habitat protection and wetland easements: Bradow, Daniel and Jacki – Wetland Easement T. 132 N., R.44 W., Sec 2, Fifth Principle Meridian: Section 2, W ½ NE ¼ Bradow, Daniel and Jacki – Habitat Protection Easement T. 132 N., R.44 W., 5th P.M. Part of S ½ of NE ¼ & N. 100 AC of S ½ of section 4 to be determined by a survey OTC Board of Commissioners Minutes July 16, 2019 Page 2 Fergus Falls Fish and Game Club – Habitat Protection Easement Demmer Tract – 210 acres in Tumuli Township Sauer Tract – 119 acres in Elizabeth Township T. 131 N., R42W., 5th P.M. Section 27 as described in Exhibit A T. 134 N., R.43 W., 5th P.M. Section 36, SW1/4 SW1/4 and part of the E1/2 SW1/4 as described in Exhibit A Pelican Lake Property Owners Association (PLPOA) Correspondence Commissioners acknowledged receipt of a letter from the PLPOA requesting an additional resolution regarding muskie stocking. Commissioners directed the County Administrator to correspond with the PLPOA that the resolution passed September 26, 2017 regarding muskie stocking continues to be the Board’s relevant action. The Board is waiting for information that has not been received. 2019 Legislative Session Summary Pete Waller, Board of Water and Soil Resources (BWSR) Conservationist, submitted 2 documents titled “2019 Legislative Session Summary” and “New for Natural Resources Block Grants in State Fiscal Year 2020”. BWSRs mission is to improve and protect water resources by working with local organizations and in turn, working with local landowners. Mr. Waller briefed the board of the upcoming changes to a variety of grant and fund programs that will be available to provide additional water resource conservation opportunities through BWSR Fiscal Year 2020-2021. He reviewed the duties of the SWCDs and the goal of 1 Watershed 1 Plan (1W1P) to be completed statewide by 2025. Otter Tail County Buffer Update Brad Mergens & Darren Newville, Soil and Water Conservation District (SWCD) Managers, updated the Board on the 1100 parcels that were determined out of compliance with the new buffer law in the first inventory. Multiple notifications to landowners of non-compliance were sent by mail. SWCD staff has visited with various landowners to assist them with buffer law compliance. Today, 27 parcels are still listed as out of compliance and the SWCD will deliver a notice of non-compliance to County Attorney, Michelle Eldien and Land & Resource Director, Chris LeClair for future follow up. Mr. LeClair plans to send corrective action notices by August 1, 2019 to the landowners of the remaining 27 parcels giving them until July 1, 2020 to come into compliance. Motion by Johnson, second by Lindquist and unanimously carried to use criminal action (not APO process) to stay consistent with past practice. Failure to comply with the OTC Buffer Ordinance by July 1, 2020 will result in criminal violation. Commissioners requested periodic updates on compliance of the remaining properties. Recess & Reconvene At 9:37 a.m., Chair Huebsch declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The Board of Commissioner’s meeting was reconvened at 9:45 a.m. Spitzer Lake Petition Discussion County Attorney, Michelle Eldien provided a document titled “Response to the Spitzer Lake Petition”. This document provides guidance and education to the property owners regarding the process to request a drainage system along with statutes that need to be followed. A $10,000 bond is required along with the petition. Ms. Eldien confirmed that the current petition is not sufficient and provided suggestions in the document, however, these suggestions do not guarantee the petition will be accepted by the drainage authority but will help guide the petitioners. OTC Board of Commissioners Minutes July 16, 2019 Page 3 Gary Olson, President of Spitzer Lake Association, expressed frustration regarding the length of time it has taken to start this process and that no alternative route has been decided. He also expressed concerns of other residents that are being flooded in the meantime. Greg Johnson, property owner, is seeking recommendation for financial help and looking for an immediate solution to help neighbors who are flooding. Commissioner Murphy suggested the property owners contact other lake associations and LID’s for advice in areas they were and were not successful. Bernice Lapash, property owner, questioned if any grants were available to the Spitzer Lake Association. Commissioner Rogness stated in his research, none are available at this time. Gary Olson stated, if they requested voluntary funding from residents, the support would narrow quite a bit as some feel they are not affected. It was suggested by Commissioner Johnson that the Lake Association consider becoming a Lake Improvement District (LID) to open the opportunity to apply for grants. Commissioners discussed the responsibilities of the citizens during these projects and that the County will assist where they are able. Out of State Travel Requests Motion by Johnson, second by Rogness and unanimously carried to approve out of state travel for Assistant Public Health Director, Kristi Wentworth and County Emergency Manager, Patrick Waletzko to Anniston, Alabama in August for the Health Care Coalition Response Leadership Course. The Center for Domestic Preparedness (CDP) will cover travel, lodging and meals with arrangements made by CDP. Motion by Rogness, second by Johnson and unanimously carried to approve out of state travel for Nursing Supervisor, Kristin Bye to Nashville, TN September 16th-18th, 2019 for the Nurse Family Partnership National Symposium. The National Service Office will cover airfare, hotel, and conference registration cost. Community Health Board (CHB) Update Public Health Director Jody Lien presented a pictogram of CHB accomplishments in the past five years. She indicated that the CHB annual meeting is scheduled for September 2019. The partnerships of the CHB increase grant opportunities and collaboration. Dog Bite Hearing Appeal County Administrator, John Dinsmore, summarized a letter from the administrative hearing held on May 30, 2019. Christy Bjorgan stated that they have followed the order issued on June 26, 2018 and that her dog, Otto, has been neutered and has successfully completed obedience course training. Ms. Bjorgan is requesting that the Board remove the muzzle from the restrictions to allow Otto to proceed with trainings and be awarded certificates. Motion by Johnson, second by Rogness and carried with Lindquist and Murphy opposed, to remove the requirement of a muzzle from the restrictions for Christy Bjorgan’s dog named Otto issued June 26, 2018. A final/updated Order will be issued. OTC Coalition of Lake Associations (COLA) Survey Director of Otter Tail County COLA, Patrick Prunty and Sylvia Soeth reviewed with the Board a survey that was developed by staff to gather feedback from members regarding the OTC Shoreland Management Ordinance. The Commissioners provided input and suggestions to the document to better meet their needs of information. The OTC COLA staff plans to send out post cards to reach as many members as possible. Motion by Rogness, second by Johnson and unanimously carried to approve the survey as presented by the OTC COLA with the additions provided by the Board. Recess & Reconvene At 10:56 a.m., Chair Huebsch declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The Board of Commissioner’s meeting was reconvened at 11:02 a.m. OTC Board of Commissioners Minutes July 16, 2019 Page 4 Planning Commission Recommendations Conditional Use Permit – Revive Massage/ Christopher & Danielle Elliott: Motion by Johnson, second by Murphy and unanimously carried to approve a Conditional Use Permit to operate the commercial business Revive Massage located at 20047 County Highway 114 in Section 12, Orwell Township, Rush Lake (56-968), NE. Interim Use Permit – Joseph & Bruce Johnson: Motion by Johnson, second by Lindquist and unanimously carried to approve an Interim Use Permit to use an existing house as cold storage during preparation for new dwelling and for the existing house to be removed within 1 year of the Interim Use Permit. The proposal is located at 25877 County Highway 111 in section 13, Fergus Falls Township; Unnamed Lake (56-858), NE. Conditional Use Permit – Barky’s Resort/ Ryan & Alicia Draeger: Motion by Rogness, second by Murphy and unanimously carried to approve a Conditional Use Permit to perform the following: Remove a Rental Unit in Tier 1 Zone and construction of a 69’X36’ single story duplex in the tier 2 zone on parcel # 02000320254003. The proposal is located at 28484 County highway 145 in Section 32 of Amor Township; Otter Tail (56-242) GD. After-the Fact Conditional Use Permit – Anna & Michael Hilleren: Motion by Johnson, second by Rogness and unanimously carried to deny the request of an After-the Fact Conditional Use Permit and for the applicant to work with Land and Resource Management for restoration. The proposal is located at 36058 Big Rock Road in Section 30 of Dead Lake Township; Dead lake (56-383), NE. Conditional Use Permit – Rick Bleichner: Property Owners David Hauser and Tim Hanson expressed some concern with placement of a commercial building in a residential area. They requested that the building be moved back from a 25’ setback to 100’ setback from the highway. A motion was offered by Johnson to approve maximizing the distance north while not exceeding the 25% impervious surface requirement or affecting the wetlands with conditions as recommended by the Planning Commission. The motion failed for lack of a second. Motion by Rogness, second by Johnson and unanimously carried to approve the Conditional Use Permit for Rick Bleichner with conditions as recommended by the Planning Commission with the following changes: Add a condition to require a 40 foot set back, or more if possible, from road ROW to the building and does not exceed the 25% impervious surface SMO rule and remove condition #6 (establishing preferred hours). The proposal is located on Lot 2 Blk 3 of Otter Tail River Estates in Section 4 of Otter Tail Township; Otter Tail Lake (56-242), GD. HENNING SNO CRUISERS TRAIL ASSOCIATION GRANT-IN-AID FUNDING Otter Tail County Resolution No. 2019 - 55 Commissioner Johnson offered the following and moved its adoption: WHEREAS, Otter Tail County has sponsored Grant-In-Aid Systems in the past; and WHEREAS, acceptance of the Grant-In-Aid Systems proposed extensions are subject to the review and approval of the County Attorney. OTC Board of Commissioners Minutes July 16, 2019 Page 5 THEREFORE, BE IT RESOLVED, that Otter Tail County shall continue to sponsor Grant-In-Aid Trail Systems as they exist for the Henning Sno Cruisers Snowmobile Club for the 2019--2020 snowmobile season and proposed extensions of Grant-In-Aid Trails with the aforementioned condition. Commissioner Lindquist seconded the resolution and, upon being put to vote, the resolution was unanimously adopted this 16th day of July, 2019. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: By: Attest: Douglas Huebsch, Chair John Dinsmore, Clerk Land and Resource Refund Policy Motion by Rogness, second by Lindquist and unanimously carried to approve the Refund Policy (L&R Policy No. 9) as presented by Land & Resource Director to standardize refunds for permit fees in an effort to be fair and consistent. Final Plat – Wil-O-Wood Motion by Johnson, second by Rogness and unanimously carried to approve the Final Plat known as “Wil- O-Wood/CIC No.85”, consisting of 29 storage units located on that part of sublots 7 & 8 of Gov’t Lots 3 & 4, Section 23, T 135 N R.39 W, Rush Lake (56-141). Final Plat - Balken Addition Motion by Rogness, second by Murphy and unanimously carried to approve the Final Plat known as “Balken Addition” consisting of 2 single family residential riparian Lots. The property is located on that part of Gov’t Lot 1, Section 31, T 134 N, R.39 W, Otter Tail Lake (56-242) GD. LMKP/DLD MORATORIUM Otter Tail County Resolution No. 2019 - 54 Commissioner Rogness offered the following and moved its adoption: WHEREAS, Otter Tail County is the regulatory authority for all shoreland areas in Otter Tail County. WHEREAS, the water levels at Little McDonald Lake, Paul Lake, Kerbs Lake and Devils Lake have been above the ordinary high-water level. WHEREAS, the LMKP/DLD outlet project began operation in November 2018 to allow Little McDonald Lake, Paul Lake, Kerbs Lake and Devils Lake to return to their natural ordinary high-water level, AND WHEREAS, the Otter Tail County Board of Commissioners believes a methodical approach to shoreline restoration is prudent only once the water level has been drawn down to near the Ordinary High-Water Level (OHWL). NOW, THEREFORE, BE IT RESOLVED, a moratorium on the issuance of lot alteration permits and conditional use permits is in effect until the initial drawdown brings the elevation of each lake to within 12 inches of its OHWL. Exceptions to this moratorium include the following: 1. Any permit that is not related to shoreline restoration. 2. Projects approved by the SWCD in accordance with the Shoreland Management Ordinance. OTC Board of Commissioners Minutes July 16, 2019 Page 6 Once each lake’s water surface has been drawn within an elevation range from 12 inches above its OHWL to its OHWL, a Special Permit is in effect with the following conditions: 1. Conditional Use Permits will not be required for work related to restoration of exposed shoreline. 2. Land & Resource Management staff may issue permits for any shoreline restoration. 3. The Special Permit requires a landowner to apply for a Lot Alteration Permit from Land & Resource Management for a permit fee of $250 per permit. 4. The Special Permit is available to a homeowner only one time. If a permit is obtained by a homeowner and the permit expires, the homeowner then must go through Planning Commission to obtain a permit. This Resolution supersedes Otter Tail County Resolution No. 2018-68 Commissioner Johnson seconded the resolution and, upon being put to vote, the resolution was unanimously adopted this 16th day of July 2019. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: By: Attest: Douglas Huebsch, Chair John Dinsmore, Clerk Out of State Travel Motion by Lindquist, second by Murphy and unanimously carried to approve out of state travel for Land and Resource Director, Chris LeClair as well as an additional staff person to the National Onsite Wastewater Recycling Association (NOWRA) Mega-Conference in Loveland, CO from October 13th-16th, 2019. Economic & Community Development Update Rebecca Petersen and staff briefed the Board on updates at West Central Initiative. They submitted a packet of economic development statistics for the WCI region. They discussed different learning techniques that other cities and communities are using and found that communication with others to learn what is working well and what is not is a great resource. They submitted WCIs strategic Plan for 2020 through 2022 including 17 sustainable development goals. The West Central Initiative plans to request funding at the Finance Committee Meetings in September. Lakes Country Service Cooperative Health & Safety Agreement Motion by Rogness, second by Murphy and unanimously carried to authorize the appropriate County Officials’ signatures on the 2019-2020 Lakes Country Service Cooperative Health & Safety Agreement. Introduction of Probation Director County Administrator, John Dinsmore gave a brief introduction of the New Probation Director, Michael Schommer. Mr. Schommer stated he is confident his approach and philosophy falls in line with the County’s mission and vision. The Commissioners shared with Mr. Schommer their concerns and look forward to new ideas and opportunities. Recess & Reconvene At 12:09 p.m., Chair Huebsch declared the meeting of the Otter Tail County Board of Commissioners recessed for a lunch break. The Board of Commissioner’s meeting was reconvened at 1:05 p.m. OTC Board of Commissioners Minutes July 16, 2019 Page 7 Closed to the Public At 1:06 p.m., Chair Huebsch declared the Board of Commissioners meeting closed to the public to discuss matters regarding purchase of property located at 29283 County Highway 45, Underwood, MN. The closed session is authorized under M.S. 13D.05, Subd. 3(c)(1). Present were all five seated Commissioners, Attorney Michelle Eldien, Administrator John Dinsmore, Auditor-Treasurer Wayne Stein, External Relations Director Nick Leonard, Highway Engineer Charles Grotte, Ditch Inspector Kevin Fellbaum, County Board Secretary’s Tara Bakken and Kathy Domholt. The closed session was concluded at 1:24 p.m. Purchase of Property Motion by Rogness, second by Murphy and unanimously carried to authorize the Communications and External Relations Director to negotiate a purchase price for the property listed for sale at 29283 County Highway 45, Underwood, MN. RESOLUTION ADOPTING ASSESSMENT ORDER FOR COUNTY DRAINAGE SYSTEM NO. 55 Otter Tail County Resolution No. 2019 - 56 Upon a motion made by Johnson , seconded by Lindquist and unanimously carried, the following resolution was adopted: WHEREAS, the Otter Tail County Board of Commissioners, acting as the County Drainage Authority, has authorized and approved expenditures (redetermination and repair/maintenance costs) directly related to the benefited properties of County Drainage System No. 55, and WHEREAS, there were/are insufficient funds available in the account for Otter Tail County Drainage System No. 55 to finance the authorized and approved expenditures, and WHEREAS, inter-fund loans have been made to finance the authorized and approved expenditures relating to County Drainage System No. 55 from the County’s General Revenue Fund to the County Drainage System No. 55 account. NOW THEREFORE, BE IT RESOLVED BY THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS, that a special assessment in the amount of $48,000.00 (June 30, 2019 Cash Deficit - $7,417.67; 12/31/2018 Loan Balance – $34.505,77 and a January 2019 recommended Yearly Maintenance Assessment - $5,000.00 for a total of $46,923.44 ), for the purpose of repaying the June 30, 2019 cash deficit, the outstanding inter-fund loans and to build a maintenance fund, be levied against the benefited properties of County Drainage System No. 55, as listed in the most current auditor’s tabular worksheet, a copy of which is on file in the County Auditor-Treasurer’s office, is hereby accepted and shall constitute a lien against the lands named therein, and each tract of land therein included is hereby found to be benefited by the previously authorized and approved expenditures in the amount of the assessment levied against it. BE IT FURTHER RESOLVED that such assessments shall be payable in annual installments extending over a period of 5 years. To the first installment shall be added interest, at a rate of 4%, on the entire assessment from August 1, 2019 until December 31, 2020. BE IT ADDITIONALLY RESOLVED that the owners of any of the benefited properties so assessed may, on or before Friday, January 31, 2020, pay the entire assessment on such property to the County Auditor- Treasurer’s office without additional interest. OTC Board of Commissioners Minutes July 16, 2019 Page 8 Adopted this 16th day of July 2019. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: By: Attest: Douglas Huebsch, Chair John Dinsmore, Clerk Request of Forgiveness of Accrued Penalty Motion by Rogness, second by Lindquist and unanimously carried, to deny Mr. Randel T. Stolee’s request for the forgiveness of accrued penalty, in the amount of $169.96, due to the late payment of the first half Pay 2019 real estate taxes on Parcel 77-000-99-1421-000 and 77-000-99-1422-000. Failure to receive a property tax statement does not excuse timely payment and the information contained in Mr. Stolee’s letter does not meet the County’s policy. RESOLUTION APPROVING SURVEYOR’S CERTIFICATE OF PLAT CORRECTION (Plat Correction to the Plat of Sub Lots 1 to 15 of Government Lot 3 of Section 20 Township 137 N Range 42 W) OTTER TAIL COUNTY RESOLUTION NO. 2019- 57 WHEREAS, Pursuant to the provisions of Minnesota Statutes, Chapter 505.175, Michael L. Fletchall, a duly Licenses Land Surveyor in and for the State of Minnesota has prepared a Land Surveyor’s Certificate of Correction to the Plat of Sub Lots 1 to 15 of Government Lot 3 of Section 20 Township 137 N Range 42 W; and WHEREAS, Pursuant to the provisions of Minnesota Statutes, Chapter 505.176, when the certificate has been approved by the governing body of the area involved and a certificate stating that said plat certificate has been approved by the governing body signed by the Chair of the County Board and Clerk of said body is attached to said plat certificate, the county recorder of the county in which the land so platted or subdivided is located shall accept each such certificate for filing and recording in the recorder's office upon payment of a fee therefor commensurate with the length of the certificate. NOW THEREFORE IT IS HEREBY RESOLVED, that the Otter Tail County Board of Commissioners hereby accepts and approves the attached Land Surveyor’s Certificate of Correction to the Plat of Sub Lots 1 to 15 of Government Lot 3 of Section 20 Township 137 N Range 42 W, as prepared by Michael L Fletchall, a duly Licensed Land Surveyor in and for the State of Minnesota; and BE IT FURTHER RESOLVED, Pursuant to the provisions of Minnesota Statutes, Chapter 505.176, that the Otter Tail County Recorder shall make suitable notations on the record of said Plat to which the attached Land Surveyor’s Certificate of Correction refers to direct the attention of anyone examining said Plat to the record of such certificate. Upon the motion of Commissioner Johnson, seconded by Commissioner Murphy and passed on a 5-0 roll call vote, the above resolution is hereby adopted by the Otter Tail County Board of Commissioners; OTC Board of Commissioners Minutes July 16, 2019 Page 9 Adopted this 16th day of July 2019 OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: By: Attest: Douglas Huebsch, Chair John Dinsmore, Clerk Budget Committee Meeting The Budget Committee, which will be a committee-of-the-whole Board of Commissioners, will plan to meet on September 6th and 9th, 2019 to hear 2020 budget presentations by all County divisions /departments as well as affiliate organizations who receive direct County levy funding. County Administrator John Dinsmore and Auditor/Treasurer Wayne Stein asked the Board for any directives or parameters to consider in the budget development process. The Board offered two guidelines: first, that the proposed overall 2020 budget not include any increase in additional FTE county positions, and; secondly, that the overall Otter Tail County proposed gross property tax levy for the Payable Year 2020 budget not exceed a 1% increase compared to the current gross property tax levy for the Payable Year 2019. The proposed budget requests will serve as a guide for the board when they adopt the preliminary levy on September 24, 2019. Highway Department Projects CSAH 34 Reconstruction Update – S.A.P. 056-634-011: Highway Engineer Charles Grotte updated the Board regarding the CSAH 34 Reconstruction project. At 2:00 p.m., Chairman Huebsch passed the Board meeting to the Vice-Chair due to a conflict of interest. Discussion continued regarding the timeline for the project. Motion by Johnson, second by Lindquist and carried, with Huebsch abstaining, to direct the Highway Department to be ready for the CSAH 34 Reconstruction project bid by January 1, 2020 with Requests for Bid no later than mid-February 2020. At 2:12 p.m. Chairman Huebsch resumed the Chairman’s seat. Bid Award – Shouldering Material, Shoulder Base Aggregate Class 1: Motion by Rogness, second by Johnson and unanimously carried to award the Shouldering project to Central Specialties, Inc., Alexandria, MN, in the amount of $473,782.00 as recommended by the Highway Engineer. Bid Award – S.P. 056-070-025: Motion by Johnson, second by Rogness and unanimously carried to authorize appropriate County Officials’ signatures to execute the contract between the County of Otter Tail and Traffic Marking Service, Inc for the HSIP Striping project. Bid Award – S.A.P. 056-645-009: Motion by Johnson, second by Murphy and unanimously carried to approve the proposal for a Geotechnical Evaluation with Braun Intertec as presented by the Highway Engineer for the beginning stages of the CSAH 45 bridge replacement scheduled for 2023. Jurisdictional Exchange with the City of Fergus Falls Charles Grotte, Highway Engineer confirmed all routes in the City of Fergus Falls have officially been transferred from City to County. Highway 1 now includes Tower Road and continues down Fir Avenue and to the East. Highway 88 starts at Tower Road and continues West. Highway 7, located in Western Township, transferred from a CSAH route to a county road. OTC Board of Commissioners Minutes July 16, 2019 Page 10 Phelps Mill Passage Charles Grotte, Highway Engineer, reported that the U.S. Fish & Wildlife hired a consultant to do a historical review of the Phelps Mill facility. During this review, it was determined the dam is on the historic registry. U.S. Fish & Wildlife is researching other options for a fish passage possibly on the West side of the dam or a separate bypass. Adjournment At 2:20 p.m., Chair Huebsch declared the Otter Tail County Board of Commissioners meeting adjourned. The next Board meeting is scheduled at 8:30 a.m. on Tuesday, July 30, 2019, at the Government Services Center in Fergus Falls, MN. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: ___________________ By:__________________________________________ Attest:___________________________ Douglas A. Huebsch, Board Chair John Dinsmore, Clerk OTC Board of Commissioners Minutes July 16, 2019 (Exhibit A) Page 1 The southeast Quarter (SE 1/4) and Lots Four (4) and Five (5), all of Section Twenty·-seven (27), Township One Hundred Thirty-one (131) , Range Forty-Two (42), Otter Tail County, Minnesota, EXCEPT, a tract of land described as follows: That part of the Southeast Quarter (SE 1/4) and Government Lot Five (5) of Section Twenty-seven (27), Township One Hundred Thirty-one (131), Range Forty-two ( 42), described as follows: Beginning at a point 2617.2 feet West and 33.0 feet North of the southeast corner of Section Twenty-seven (27), Township One Hundred Thirty-one (131), Range Forty-two (42); thence North 35 degrees 18 minutes East for a distance of 490.0 feet; thence North 54 degrees 42 minutes West for a distance of 580.0 feet; thence South 35 degrees 18 minutes West for a distance of 527.0 feet; thence South 54 degrees 42 minutes East for a distance of 528.0 feet; thence East for a distance of 64.0 feet to the point of beginning, containing 7.00 acres, more or less; and EXCEPT all that part of the first described property which has been heretofore platted into SaterHumphrey Range Camp, according to the plat thereof on file and of record in the office of the County Recorder (formerly Register of Deeds) in and for Otter Tail County, Minnesota; and EXCEPT a strip of land 2 rods in width along the entire south edge of the property first above described, which said property is excepted for road purposes for entry to the lakeshore and the platted portion hereinbefore referred to; and EXCEPT that part of Government Lot Five (5) of Section Twenty-seven (27), Township One Hundred Thirty- one (131 ), Range Forty-two ( 42), lying generally northeasterly of Lots Fifty (50), Fifty-one (51), Fifty-two (52) and Fifty-three (53) of Sater-Humphrey Ranch Camp, a recorded plat, and being the unused public road as platted, lying northeasterly of said Lots, the same being more fully described as follows: Beginning at the northwest corner of Lot Fifty-three (53) of Sater-Humphrey Ranch Camp, a recorded plat; thence northerly on a line projection of the west line of Lot Fifty-three (53) a distance of 60 feet more or less to the southerly side of the present town road right-of-way; thence southeasterly 100 feet more or less along the southerly side of said road right-of-way to a point in line with the east line (projected northeasterly) of Lot Fifty (50); thence southerly along this line to the northeast corner of said Lot Fifty (50); thence westerly along the north line of Lots Fifty (50), Fifty-one (51), Fifty-two (52) and Fifty-three (53), 100 feet to the place of beginning, containing .13 of an acre; and EXCEPT part of Government Lot Five (5), together with a part of the Southwest Quarter of the Southeast Quarter (SW 1/4 SE 1/4) of Section Twenty-seven (27), Township one Hundred Thirty-one ( 131) , Range Forty-two ( 4 2) , described as follows: Beginning on the south line of said Section Twenty-seven (27), at a point 84.95 feet east of the southeast corner of Lot One (1) of Sater-Humphrey Ranch Camp, a recorded plat; thence North 39 degrees 00 minutes West 443. 34 feet; thence North 51 degrees oo minutes East 300.00 feet; thence South 39 degrees 00 minutes East 82. 50 feet; thence South 35 degrees 22 minutes West 158. 2 feet; thence South 54 degrees 38 minutes East 584.87 feet, more or less to the said South Section line; thence West 391. 4 feet to the point of beginning. (Containing 2. 86 acres of which the south 33.0 feet is roadway); and EXCEPT part of Lot Five (5) of Section Twenty-seven (27), Township One Hundred Thirty-one (131 ), Range Forty-two ( 42), described as follows: Beginning at the northeast corner of Lot Thirty-seven (37) of Sater- Humphrey Ranch, thence north 31 degrees 45 minutes East 84.1 feet to the point of beginning; thence North 31 degrees 45 minutes East 267.4 feet; thence South 55 degrees 08 minutes East 150. 03 feet; thence South 31 degrees 45 minutes West 266.7 feet; thence in a northwesterly direction along the public road right- of-way 150 feet to point of beginning. (Containing .92 acres); and EXCEPT part of Government Lot Five (5) in Section Twenty-seven (27), Township One Hundred Thirty-one (131 ), Range Forty-two ( 42), described as follows: Beginning where the line between Lots Thirty-seven (37) and Thirty-eight (38) intersects the public road, according to the plat of Sater-Humphrey Beach on record; thence North 31 degrees 45 minutes East 84 .1 feet to the point of beginning; thence North 31 degrees 45 minutes East 267. 4 feet; thence North 55 degrees 08 minutes West 15C feet; thence South 31 degrees 47 OTC Board of Commissioners Minutes July 16, 2019 (Exhibit A) Page 2 minutes West 268 feet; thence in a southeasterly direction along the public road right-of-way 150 feet to the point of beginning. (Containing .92 acres); and EXCEPT all of that part of he first above-described property which has been heiretofore platted into Hill and Vale Acres, according to the plat thereof on file and of record in the office of the County Recorder in and for said County and State. All To Be Determined by a Survey. AND T 134 N, R 43 W, 5th PM. Section 36, SWl/4 SWl/4, and part of the El/2 SWl/4, EXCEPT the following tracts: PARCEL A All that part of the Southwest Quarter (SW 1/4) of Section 36, Township 134, Range 43, Otter Tail County, Minnesota, described as follows: Commencing at the South Quarter corner of said Section 36; thence on an assumed bearing of North along the North-South Quarter line of said Section 36, a distance of 768.34 feet to the point of beginning of the land to be described; thence continuing on a bearing of North along said North-South Quarter line, a distance of 302. 76 feet; thence North 82 degrees 40 minutes 00 second West a distance of 732.00 feet; thence on a bearing of South a distance of 302. 76 feet; thence South 82 degrees 40 minutes 00 seconds East a distance of 732.00 feet to the point of beginning. Containing 5.05 acres more or less. Subject to the Township Road over the East 33 feet thereof. PARCELB All that part of the Southwest Quarter (SWYi) of Section 36. Township 134, Range 43, Otter Tail County, Minnesota, described as follows: Commencing at the South Quarter corner of Section 36; thence on an assumed bearing of North along the North-South Quarter line of said Section 36, a distance of 1071.10 feet to point of beginning of the land to be described; thence continuing on a bearing of North along said North- South Quarter line, a distance of 302.86 feet; thence North 82 degrees 40 minutes 00 seconds West a distance of 732.00 feet; thence on a bearing of South a distance of 302.86 feet; thence South 82 degrees 40 minutes 00 seconds East a distance of 732.00 feet to the point of beginning. Containing 5.05 acres more or less. Subject to the Township Road over the East 33 feet thereof. All To Be Determined by a Survey. OTC Board of Commissioners Minutes July 16, 2019 (Exhibit B) Page 1 OTC Board of Commissioners Minutes July 16, 2019 (Exhibit B) Page 2 OTC Board of Commissioners Minutes July 16, 2019 (Exhibit B) Page 3 OTC Board of Commissioners Minutes July 16, 2019 (Exhibit B) Page 4 OTC Board of Commissioners Minutes July 16, 2019 (Exhibit B) Page 5 OTC Board of Commissioners Minutes July 16, 2019 (Exhibit B) Page 6 OTC Board of Commissioners Minutes July 16, 2019 (Exhibit B) Page 7 OTC Board of Commissioners Minutes July 16, 2019 (Exhibit B) Page 8 OTC Board of Commissioners Minutes July 16, 2019 (Exhibit B) Page 9