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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 07/30/2019 MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, Commissioners’ Room 515 W. Fir Avenue, Fergus Falls, MN July 30, 2019 8:30 a.m. Call to Order The Otter Tail County Board of Commissioners convened at 8:30 a.m. Tuesday, July 30, 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 Murphy and unanimously carried to approve the Board of Commissioners Agenda of July 30, 2019 with the following addition: Deer Lake Public Access Complaint Consent Agenda Motion by Johnson, second by Rogness and unanimously carried to approve Consent Agenda items as follows: 1. July 16, 2019 Board of Commissioners’ Meeting Minutes 2. Warrants/Bills for July 30, 2019 (Exhibit A) 3. Human Services & Public Health Warrants/Bills for July 30, 2019 (Exhibit A) 4. Approval of 30-day credit limit increase for Deputy Jon Karger’s Credit Card to $2,500 Groundwater Level Monitoring Contract Motion by Rogness, second by Murphy and unanimously carried to authorize the appropriate County Officials’ signatures to execute the Groundwater Level Monitoring Agreement – FY2020 between the County of Otter Tail and Minnesota Department of Natural Resources to continue doing measurements of monitoring wells. The Agreement is approved as updated and presented by the Land & Resource Director. Dead Lake Association Data Practices Act Request Chris LeClair, Land & Resource Director, received a Data Practices Act Request from Rinke Noonan Law Firm hired by the Dead Lake Association regarding the Firefly Dead Lake Property. Rinke Noonan is requesting all documents pertaining to Firefly from any County Official, staff member or any person or entity acting on their behalf to Otter Tail County dating back to 2018 when a Conditional Use Permit was approved. Otter Tail County plans to move forward with this request abiding by the Data Practices Policy. Vulnerable Adult Program Intake & Assessment Report Margaret Williams, Social Services Supervisor, provided a document titled “Adult Protection/Vulnerable Adult Program”. She explained that Minnesota has a centralized reporting system, Minnesota Adult Abuse Reporting Center (MAARC), to protect adults who are particularly vulnerable to maltreatment. These reports are filtered to the County in which the individual is located for screening and investigation. In 2018, 444 MAARC reports were received involving Otter Tail County residents, of which 125 were screened in for investigation. Ms. Williams briefed the board of their daily challenges and what they are doing well, areas of improvement and future developments. She also stated they have a great working relationship with their providers and professional staff and their goal is to assist these adults in getting the help they need. Adult Intake Social Worker, Candice Jallen, provided examples of the various categories listed on the document that Otter Tail County has encountered. There are 5 categories listed on the document followed by percentages with self-neglect being the highest at 43% and Physical Abuse being the lowest at 4%. OTC Board of Commissioners Minutes July 30, 2019 Page 2 Drainage Systems Ditch #56: A portion of Ditch 56 was cleaned in 2016-2017. Property owner, Chad Nelson requested the remaining 1200 ft. of Ditch 56, shown in red on the map submitted, be cleaned and buffer strips established. Motion by Johnson, second by Rogness and unanimously carried to authorize cleaning of the remaining 1200 ft. on ditch 56 and a buffer strip be established at an estimated cost of $1,000-$2,000. Ditch 18/37: Ditch Inspector, Kevin Fellbaum, was contacted by property owner, John Leitch with concerns of water surfacing and flowing overland causing erosion to his field on Ditch 18/37. Mr. Leitch requested repair and replacement of 1300 ft. of 8-inch dual wall tile shown in yellow on the map submitted. Mr. Fellbaum plans to receive quotes to perform work fall of 2019 after harvest. Motion by Rogness, second by Lindquist and unanimously carried to repair and replace the 1300 ft. of 8- inch dual wall tile on Ditch 18/37 as requested by Mr. Leitch and recommended by the Ditch Inspector. Ditch 21: Ditch Inspector, Kevin Fellbaum, was contacted by property owner, Craig Shol with concern of a culvert on Ditch 21 showing signs of water flow around the pipe causing erosion to his driveway. Motion by Johnson, second by Lindquist and unanimously carried to authorize the following work in Ditch 21 as recommended by the Ditch Inspector: The culvert be re-set at its current elevation and properly place and compact material over the top to restore water flow through the pipe. Ditch 16: Ditch Inspector, Kevin Fellbaum was contacted by property owner, Mike Foertsch with concerns of consistent bank erosion along County Ditch 16. The areas in red on the map submitted are the areas of concern. The Ditch Inspector plans to proceed with the low bid. Motion by Lindquist, second by Johnson and unanimously carried to authorize the following work in Ditch 16 as recommended by the Ditch Inspector: Place riprap in the areas shown in red on the map submitted to prevent scouring from continuing to happen. The areas in orange should be pulled back to straighten the ditch and direct the flow down the center of the ditch rather than toward the bank. Nelson Lake Outlet Kevin Fellbaum, Ditch Inspector, presented a Memorandum regarding potential establishment of an Outlet for Nelson Lake. Preliminary Engineering was completed to determine if Ditch 45 is a viable outlet for Nelson Lake. Mr. Fellbaum reported that the water would need to move to the West, uphill, from an elevation of 1461.79 to 1468.57, resulting in a 7-foot difference in elevation. Currently, Ditch 45 drains into Fish Lake and Mr. Fellbaum suggested draining the water from Nelson Lake south, directly into Fish Lake. Draining directly into Fish Lake instead of Ditch 45 would result in a new drainage system. Motion by Rogness, second by Lindquist and unanimously carried to hold a Public Hearing for Nelson Lake Outlet on September 23rd, 2019 at 7 p.m. at the Parkers Prairie Event Center in Parkers Prairie. OTC Board of Commissioners Minutes July 30, 2019 Page 3 Deer Lake Public Access Commissioner, John Lindquist received an email regarding parking concerns for tubers at the Deer Lake public access. Sheriff, Barry Fitzgibbons explained that the Sheriff’s Office has received many complaints over the years from boaters not able to use the access. As a result, the DNR has put up signs to designate specific parking for vehicles with boat trailers. The DNR is responsible for the Deer Lake access and has plans to expand the parking, however, space is limited and may not eliminate the parking issue during high traffic times. The Commissioners expressed concerns about safety for tubers parking on the road and suggested adding caution or congestion signs to the area for approaching vehicles. Mr. Fitzgibbons shared that the Sheriff’s Office is trying to have a presence to educate people who use the access. Recess & Reconvene At 9:36 a.m., Chair Huebsch declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The Board of Commissioners meeting was reconvened at 9:41 a.m. Highway Department Projects Bid Award – S.A.P. 056-646-008: Motion by Johnson, second by Murphy and unanimously carried to award the SFDR, Culvert Replacement, Grading, Wear Courses, Shouldering & topsoil project to Mark Sand & Gravel Co., Fergus Falls, MN in the amount of $4,311,346.98 as recommended by the Highway Engineer. Quote Award – S.A.P. 056-601-067 & 056-635-038: Motion by Lindquist, second by Rogness and unanimously carried to award the Archaeological Survey to Agassiz Archeology, Grand Forks, ND in the amount of $4,000.00 for CSAH 1 (South of Fergus Falls) and $3,000.00 for CSAH 35 (North of Underwood) as recommended by the Highway Engineer. Quote Award – S.A.P. 056-601-067 & 056-635-038: Motion by Johnson, second by Lindquist and unanimously carried to award the Wetland Delineation to Environmental Scientific, Donnelly, MN in the amount of $6,750.00 for CSAH 1 (South of Fergus Falls) and $6,950.00 for CSAH 35 (North of Underwood) as recommended by the Highway Engineer. County Highway Right of Way Tree Removal/Brushing: Motion by Johnson, second by Murphy and unanimously carried to authorize appropriate County Officials’ signatures to execute the contract between the County of Otter Tail and Carr’s Tree Service Inc. for the County Highway Right of Way Tree Removal/Brushing project. S.A.P. 056-601-068 & Etc.: Motion by Rogness, second by Lindquist and unanimously carried to authorize appropriate County Officials’ signatures to execute the contract between the County of Otter Tail and R.J. Zavoral & Sons Inc. for the construction of CSAH 1 & CSAH 88. Shouldering Material, Shoulder Base Aggregate Class 1: Motion by Lindquist, second by Rogness and unanimously carried to authorize appropriate County Officials’ signatures to execute the contact between the County of Otter Tail and Central Specialties, Inc. for shouldering material, shoulder base aggregate class 1. PERHAM TO PELICAN RAPIDS REGIONAL TRAIL – SILENT LAKE SEGMENT RESOLUTION APPROVING MEMORANDUM AGREEMENT Otter Tail County Resolution No. 2019 – 59 The Perham to Pelican Rapids Regional Trail – Silent Lake Segment Memorandum Agreement attached hereto be and it hereby is approved and its execution by Charles H. Grotte, County Engineer, an Officer of Otter Tail County is authorized on behalf of Applicant. OTC Board of Commissioners Minutes July 30, 2019 Page 4 Motion by Johnson, second by Murphy , and upon being put to vote, the resolution was unanimously adopted this 30th day of July 2019. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: By: Attest: Douglas Huebsch, Chair John Dinsmore, Clerk Tax Abatement for Colony Housing, LLC At 10:00 a.m., Chair Huebsch opened the public hearing regarding tax abatement for Colony Housing, LLC in Pelican Rapids. Skip Duchesneau, a representative from DW Jones, summarized the challenges they have overcome in recent years to move forward with this project. He continued to report the tax abatement is over $20,000 less than the original resolution and a grant that was received will cover the cost of water and sewer under State Highway 108, opening the potential for future housing and development in Pelican Rapids. Mr. Duchesneau stated they plan to break ground September 2, 2019 with a few minor improvements from the original plan including an increased number of units from 32 to 36. The following documents were submitted: Memorandum regarding Tax Abatement Assistance for Housing Project Resolution approving property tax abatements for Colony Housing, LLC At 10:06 a.m., Chair Huebsch opened the public hearing for comments from the public summarized as follows: Marcia Huddleston raised the question if DW Jones will require proof of citizenship from tenants. Mr. Duchesneau explained DW Jones does a fair amount of due-diligence and that requires tenants to meet the selection criteria which consists of a criminal background check, credit check, and past landlord checks, but does not require proof of citizenship. At 10:20 a.m. Chair, Huebsch declared the public hearing closed and Commissioner Johnson offered the following resolution: RESOLUTION APPROVING PROPERTY TAX ABATEMENTS FOR COLONY HOUSING, LLC OTTER TAIL COUNTY RESOLUTION NO. 2019-58 BE IT RESOLVED by the County Board of Otter Tail County, Minnesota (the "County"), as follows: WHEREAS, Colony Housing, LLC (the “Developer”) has requested that the County, the City of Pelican Rapids (the “City”) and the School Board (the “Board”) for Independent School District No. 548 (the “District) abate their respective portions of additional prospective property taxes derived from the property described by property identification numbers on the attached "Exhibit A" (the "Property"), resulting from the construction of approximately 36 units of residential housing on the Property (the "Project"), all as further described below; WHEREAS, the County proposes to use Tax Abatement for the purposes provided for in the Abatement Law (as hereinafter defined), including the Project. The proposed term of the abatement will be for up to fifteen years in an amount not to exceed $195,000. The abatement will apply to the County's share of the property taxes (the "Abatement"). Additional information (exact property identification) can be accessed in the Auditor- Treasurer’s office. WHEREAS, the County approved Resolution No. 2016-79 on December 20, 2016 (the “Prior Resolution), which among other things authorized a Tax Abatement for the Project. The Project did not commence as OTC Board of Commissioners Minutes July 30, 2019 Page 5 planned at time of approval of the Prior Resolution and the County has not certified the Abatement for the Project; WHEREAS, the County proposes to rescind its approval of the Tax Abatement in the Prior Resolution; WHEREAS, on the date hereof, the County held a public hearing on the question of the Abatement, and said hearing was preceded by at least once more than 10 days but not more than 30 days prior published notice thereof; and WHEREAS, the Abatement is authorized under Minnesota Statutes, Sections 469.1812 through 469.1815, as amended (the "Abatement Law"). NOW, THEREFORE, BE IT RESOLVED by the County Board of Otter Tail County, Minnesota, as follows: 1. Findings for the Abatement. The County Board hereby makes the following findings: (a) The Board expects the benefits to the County of the Abatement to at least equal or exceed the costs to the County thereof. (b) Granting the Abatement is in the public interest because it will: (i) increase or preserve tax base; and (ii) provide employment opportunities in the City. (c) The Property is not and will not be located in a tax increment financing district during the Abatement period. (d) In any year, the total amount of property taxes abated by the County by this and other abatement resolutions, if any, shall not exceed ten percent (10%) of net tax capacity of the County for the taxes payable year to which the abatement applies or $200,000, whichever is greater (the "Abatement Limit"). The County may grant other abatements permitted under the Abatement Law after the date of this resolution, provided that to the extent the total abatements in any year exceed the Abatement Limit the allocation of the Abatement limit to such other abatements is subordinate to the Abatement granted by this resolution. 2. Terms of Abatement. The Abatement is hereby approved. The terms of the Abatement are as follows: (a) The Abatement shall be for up to a fifteen (15) year period and shall apply to the taxes payable in the years 2021 through 2035, inclusive. (b) The County will abate the increase in the property amount over the adjusted 2019 Market Value, as established by the County Assessor’s Office in which the County receives from the Property, cumulatively not to exceed $195,000 over 15 year period certified in annual amounts. (c) The Abatement shall be subject to all the terms and limitations of the Abatement Law. (d) The Abatement shall be subject to final approval by the City, County, and School (the “Taxing Jurisdictions”) of a Tax Abatement and Financial Assistance Agreement between the Taxing Jurisdictions and the Developer. OTC Board of Commissioners Minutes July 30, 2019 Page 6 (e) The County Board Chair and County Administrator are authorized to execute all documents and Tax Abatement agreements necessary to execute the Property Tax Abatement. The motion for the adoption of the foregoing resolution was duly seconded by Member Rogness and, after a full discussion thereof and upon vote being taken thereon, the following voted in favor thereof: Commissioner Johnson Commissioner Lindquist Commissioner Murphy Commissioner Rogness Chairman Huebsch and the following voted against the same: None Adopted on July 30, 2019 by the County Board of Otter Tail County, Minnesota. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: By: Attest: Douglas Huebsch, Chair John Dinsmore, Clerk County HRA and County EDA Motion by Johnson, second by Rogness and unanimously carried to authorize Community Development Director, Amy Baldwin to hold a public hearing to amend an Ordinance to divide the powers of the County HRA and the County EDA on August 13th at 10:00 a.m., to be held at the Government Service Center in Fergus Falls. Constituent Concerns Marcia Huddleston inquired about a discussion regarding Constituent concerns referenced in the June 4, 2019 minutes. She requested a time be added to the agenda to allow citizens to speak with Commissioners about concerns. County Administrator, John Dinsmore suggested he create a recommendation to present at the August 6th Board of Commissioners’ Meeting. Closed to the Public At 10:31 a.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 and Sale of Property at 1174 Western Ave Fergus Falls, MN. The closed session is authorized under M.S. 13D.05, Subd. 3(c)(1). Present were all five seated Commissioners, Assistant County Attorney Benjamin Olson, Administrator John Dinsmore, Auditor-Treasurer Wayne Stein, External Relations Director Nick Leonard, Highway Engineer Charles Grotte, Community Development Director, Amy Baldwin, Public Works Director, Rick West, Human Services Director, Deb Sjostrom, Assistant County Engineer, Matthew Yavarow and County Board Secretary’s Tara Bakken and Kathy Domholt. The closed session was concluded at 10:58 a.m. Purchase of Property Motion by Murphy, second by Rogness and unanimously carried to authorize the County Administrator to sign the purchase agreement in the amount of $285,000 for the property listed for sale at 29283 County Highway 45, Underwood, MN. OTC Board of Commissioners Minutes July 30, 2019 Page 7 Adjournment At 11:04 a.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, August 6, 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 30, 2019 (Exhibit A) Page 1 OTC Board of Commissioners Minutes July 30, 2019 (Exhibit A) Page 2 OTC Board of Commissioners Minutes July 30, 2019 (Exhibit A) Page 3 OTC Board of Commissioners Minutes July 30, 2019 (Exhibit A) Page 4 OTC Board of Commissioners Minutes July 30, 2019 (Exhibit A) Page 5 OTC Board of Commissioners Minutes July 30, 2019 (Exhibit A) Page 6