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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 02/06/2018 MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, Commissioners’ Room 515 W. Fir Avenue, Fergus Falls, MN February 6, 2018 9:30 a.m. Call to Order The Otter Tail County Board of Commissioners convened at 9:30 a.m. Tuesday, February 6, 2018, at the Government Services Center in Fergus Falls, MN, with Commissioners Wayne Johnson, Chair; Roger Froemming, Vice-Chair; John Lindquist, Lee Rogness and Doug Huebsch present. Approval of Agenda Chair Johnson called for approval of the Board Agenda. Motion by Rogness, second by Froemming and unanimously carried to approve the Board of Commissioners Agenda of February 6, 2018, with the following addition: Lead Recycling Worker Position Consent Agenda Motion by Froemming, second by Huebsch and unanimously carried to approve Consent Agenda items as follows: 1. January 23, 2018 Board of Commissioners’ Meeting Minutes 2. Warrants/Bills for February 6, 2018 (Exhibit A) 3. Issuance of 2018 Tobacco License for Zorbaz on Little Pine Lake 4. Issuance of 2018 Seasonal Liquor License for Fair Hills Resort for period of 01/23/18 to 01/22/19 5. Issuance of Pawnbroker License to A-1 Wayne’s Pawn & Second Hand for the period of 01/23/18 to 01/22/19 6. Approve the LG220 Application for Exempt Permit for MN Deer Hunters Assn.-EOT Chapter for Event on Saturday, March 24, 2018, at Playtime Sports Bar Department of Natural Resources (DNR) Surplus Property County Administrator John Dinsmore submitted a document for discussion regarding a 58.2-acre parcel located approximately six miles southwest of Ottertail MN. The MN DNR was planning to auction this property; however, due to questions raised by neighbors in the area, the DNR removed this property and will auction it this spring if local entities do not develop a plan of action to purchase the property. Motion by Lindquist, second by Rogness and unanimously carried to direct Mr. Dinsmore to inform other interested parties (school district, township, sportsman’s clubs), regarding the process and timeline of the auction this spring for purchase of Otter Tail County Parcel No. 25-000-01-0006-023. Information regarding the sale of public land can be accessed under M.S. 94.10 Subd. 1. Commissioners also requested that this information be posted on the County website. Recess & Reconvene At 9:55 a.m., Chair Johnson declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The County Board meeting was reconvened at 10:00 a.m. Public Hearing for Sale of Bonds for PLMSWA Superheater Pursuant to due call and notice thereof, a meeting of the Board of Commissioners of Otter Tail County, Minnesota, was duly held at the Government Services Center in Fergus Falls, Minnesota, in said County on Tuesday, the 6th day of February 2018 at 10:00 a.m. OTC Board of Commissioners’ Minutes February 6, 2018 Page 2 The following members were present: Commissioners Huebsch, Johnson, Lindquist, Froemming & Rogness And the following members were absent: None Following a public hearing on the matter of financing the PLMSWA equipment, in which no one from the public offered comment, the Chair announced that the meeting was opened to consider matters relating to the sale of up to $1,100,000 General Obligation Waste Disposal Revenue Bonds, Series 2018A (Prairie Lakes Municipal Solid Waste Authority) of the County, including an application to the Minnesota Public Facilities Authority for participation in its Credit Enhancement Program. The Chair closed the Public Hearing at 10:17 a.m. Commissioner Roger Froemming introduced the following resolution and moved its adoption: RESOLUTION RELATING TO THE SALE OF APPROXIMATELY $1,100,000 GENERAL OBLIGATION WASTE DISPOSAL REVENUE BONDS, SERIES 2018A (PRAIRIE LAKES MUNICIPAL SOLID WASTE AUTHORITY) CALLING A PUBLIC HEARING AND AUTHORIZING EXECUTION OF MINNESOTA PUBLIC FACILITIES AUTHORITY CREDIT ENHANCEMENT PROGRAM AGREEMENT Otter Tail County Resolution No. 2018 – 12 BE IT RESOLVED by the Board of Commissioners of Otter Tail County, Minnesota, as follows: 1. Proposed Bonds. To provide funds on behalf of Prairie Lakes Municipal Solid Waste Authority Joint Powers Board for improvements to the Perham Resource Recovery Facility, it is hereby determined that it is necessary and expedient that the County forthwith issue its General Obligation Waste Disposal Revenue Bonds, Series 2018A (Prairie Lakes Municipal Solid Waste Authority), in the aggregate principal amount of up to $1,100,000. The Bonds shall be sold on the basis of competitive proposals. The Bonds are being issued pursuant to Minnesota Statutes, Sections 400.101 and 471.59, and the Joint Powers Financing Agreement between Becker, Clay, Otter Tail, Todd and Wadena Counties. The paying agent for the Bonds will be Bond Trust Services Corporation. 2. Credit Enhancement Program Agreement. To facilitate the sale of the Bonds, the County shall apply to the Minnesota Public Facilities Authority for participation in its Credit Enhancement Program. The form of Credit Enhancement Program Agreement is approved and the Chair and County Administrator shall execute and deliver the Agreement and the County shall perform the terms thereof. The County hereby covenants and obligates itself to notify the Public Facilities Authority of any potential default in the payment of the principal of or interest on the Bonds and to perform all of its obligations under the Agreement and Minnesota Statutes, Section 446A.086. The County shall deposit with the Paying Agent three business days prior to each payment date an amount sufficient to make the payment due on each such date or to notify the Public Facilities Authority that it will be unable to make all or a portion of that payment. The County’s agreement with the Paying Agent shall include the provisions required by said Section 446A.086. The County shall do all other things which may be necessary to perform the obligations hereby undertaken under said Section 446A.086, including any requirements adopted by the Public Facilities Authority. 3. Bond Sale. Proposals for the sale of the Bonds will be received on Monday, February 26, 2018, at the offices of Ehlers & Associates, Inc. The Board of Commissioners will meet at the Government Services Center, 500 Fir Avenue West, Fergus Falls, Minnesota, at 9:30 a.m. on February 27, 2018 for the purpose of considering the proposals and awarding the sale of the Bonds. OTC Board of Commissioners’ Minutes February 6, 2018 Page 3 4. Agreements. There has been presented to this Board forms of a First Amendment to Prairie Lakes Municipal Solid Waste Authority Joint Powers Financing Agreement proposed to be entered into among the Becker, Clay, Otter Tail, Todd and Wadena counties and a Solid Waste Financing Agreement proposed to be entered into between Prairie Lakes Municipal Solid Waste Authority Joint Powers Board and Otter Tail County (together, the “Agreements”) whereby such counties are to be responsible for a pro rata share of the debt service on the Bonds. The Agreements are hereby approved and shall be executed by the Chair and County Administrator in substantially the forms on file. The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Lee Rogness and upon vote being taken, the following voted in favor thereof: Commissioners Huebsch, Johnson, Lindquist, Froemming & Rogness And the following voted against the same: None Adopted this 6th day of February 2018 OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: By: Attest: Wayne Johnson, Chair John Dinsmore, Clerk First Amendment to PLMSWA Joint Powers Financing Agreement Motion by Lindquist, second by Froemming and unanimously carried to authorize Chairman Wayne Johnson to sign the First Amendment to Prairie Lakes Municipal Solid Waste Authority Joint Powers Financing Agreement and to authorize Commissioner Wayne Johnson and County Administrator John Dinsmore to sign the Solid Waste Financing Agreement on behalf of Otter Tail County. Minnesota Public Facilities Authority Credit Enhancement Program Agreement Motion by Huebsch, second by Rogness and unanimously carried to authorize Chairman Wayne Johnson and Administrator John Dinsmore to sign the Minnesota Public Facilities Authority Credit Enhancement Program Agreement on behalf of Otter Tail County. Waste Delivery Agreement Motion by Huebsch, second by Froemming and unanimously carried to authorize the appropriate County Officials’ signatures to execute the Otter Tail County Waste Delivery Agreement between Otter Tail County and Waste Management of Minnesota, Inc. (the “Hauler”) of Lakeville, MN effective January 1, 2018, as submitted. Voting Equipment Grant Motion by Rogness, second by Lindquist and unanimously carried to accept the Voting Equipment Grant award, in the amount of $169,079.28, and to authorize the appropriate County Officials’ signatures to execute the Voting Equipment Grant Agreement on behalf of Otter Tail County. Buffalo-Red River Watershed District (BRRWD) Motion by Rogness, second by Lindquist and unanimously carried to authorize the Auditor-Treasurer to proceed with the appropriate public notification under M.S. 103D.311 regarding the Otter Tail County manager appointment for the BRRWD. The Statute requires a 15-day notification prior to an appointment/reappointment. OTC Board of Commissioners’ Minutes February 6, 2018 Page 4 Lead Recycling Worker Position Motion by Rogness, second by Lindquist and unanimously carried to replace a Recycling Worker position vacated December 31, 2017, with a Lead Recycling Worker position as recommended by the Internal Services Committee. FutureView 2018 Pictometry Imagery Conference Land Services Director Brian Armstrong requested approval for out-of-state travel for a GIS employee to attend the FutureView 2018 conference and for other interested County employees who are Pictometry imagery users. Motion by Rogness, second by Huebsch and unanimously carried to authorize out-of-state travel for a GIS employee to attend the FutureView 2018 conference in Austin, TX, August 27 – 30, 2018, with the cost of attendance paid from the current pictometry contract. The motion also authorizes other Divisions to send an employee who works with Pictometry imagery to the conference, provided the expense can be paid out of the applicable department budget. County Day at the Capitol Administrator John Dinsmore reviewed Association of Minnesota Counties (AMC) and Minnesota Inter- County Association (MICA) legislative priorities with the Board. Discussion followed regarding the upcoming AMC legislative conference February 28 through March 1, 2018. Commissioners requested a one-page handout that incorporates these legislative priorities and support for the bonding bill that includes funding for the western portion of the Maplewood to Pelican Rapids Trail and the grant request for the Estes Trail Center. Drainage System #48 Public Hearing At 11:00 a.m., Chairman Johnson reconvened the Benefit Redetermination Continuation Hearing for Ditch #48 from Monday, January 22, 2018. The Chair opened the Hearing for public comment. There were no comments offered. Ditch Inspector Kevin Fellbaum reported the final value of Ditch #48 as $428,321.64. The benefits of the unauthorized outlet area (NE of 500th Ave) were determined to be a value of $65,586.61. The unauthorized outlet shall no longer be draining into Ditch #48 by May 1, 2018. The unauthorized drainage was a result of several entities failing to recognize the need to petition to drain into Ditch #48 and the Statute of Limitations would prevent action against the Township, at this time, for potential damages. Motion by Lindquist, second by Huebsch and unanimously carried to adopt the Amended Ditch Viewer’s Report for the redetermination of Ditch #48 at a final value of $428,321.64. Motion by Rogness, second by Lindquist and unanimously carried to authorize the appropriate County Officials’ signatures to execute the Order titled “Findings and Order Redetermination Benefits and to Block an Unauthorized Outlet” in the matter of County Ditch #48, as presented by the County Attorney. ACCEPTING DEDICATED DONATION TO SUPPORT OTTER TAIL COUNTY VETERANS VAN Otter Tail County Resolution No. 2018 – 11 WHEREAS, Disabled American Veterans (DAV) Chapter 25, Fergus Falls has offered to donate funds in the amount of ($1000.00) to the County of Otter Tail on behalf of the Otter Tail County Veterans Services to assist in the Veterans Van Transportation program; and WHEREAS, Minnesota Statute 465.03 requires a county to accept the gift by resolution expressed in terms prescribed by the donor in full; and, WHEREAS, the donation from DAV Chapter 25 will be for the purpose of partial funding of the replacement van; and OTC Board of Commissioners’ Minutes February 6, 2018 Page 5 WHEREAS, acceptance of the funds in accordance with the donor’s terms is in the best interest of the County of Otter Tail. NOW, THEREFORE, BE IT RESOLVED that the Otter Tail County Board of Commissioners does accept the above-described funds from Disabled American Veterans Chapter 25 and extends its grateful appreciation. The motion for the adoption of the foregoing resolution was introduced by Commissioner Froemming, duly seconded by Commissioner Rogness and, after discussion thereof and upon vote being taken thereon, the following voted in favor: Commissioners Huebsch, Johnson, Lindquist, Froemming & Rogness and the following voted against the same: None Adopted at Fergus Falls, Minnesota, this 6th day of February 2018 OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: By: Attest: Wayne Johnson, Chair John Dinsmore, Clerk Phase 1 Deconstruction – Regional Treatment Center (RTC) Campus City of Fergus Falls Administrator Andrew Bremseth and Engineer Brian Yavarow, updated the Board on Phase I deconstruction of the former RTC campus. Phase I will include buildings 2, 11, and 30, three gazebos and the campus tunnels. The City is also seeking legislative support for an $8.9 million bonding request to the MN State Legislature to help fund the deconstruction of about 550,000 sq. feet of the former campus, keeping the main tower as a permanent reminder of the community’s history. Phase I deconstruction is anticipated to begin in several weeks with a completion date of June 29, 2018. RESOLUTION REGARDING RECLASSIFICATION OF UNNAMED LAKE KNOWN AS LITTLE PLEASANT LAKE Otter Tail County Resolution No. 2018 - 13 The following resolution was offered by Commissioner Lindquist who moved to reclassify Unnamed Lake (56-1127) locally known as Little Pleasant Lake from Natural Environment classification to Recreational Development classification: WHEREAS, in May 2009, Unnamed Lake (56-1127) was reclassified from a Recreational Development (RD) Lake to a Natural Environment (NE) Lake as part of an Otter Tail County small lake reclassification process; and WHEREAS, the reclassification process affected all lakes less than 150 acres in size; and WHEREAS, the intent of the reclassification was to reduce development density around small lakes; and WHEREAS, most of Little Pleasant Lake was significantly developed at the time of the reclassification; and WHEREAS, property owners were not aware that the reclassification would require Variances that would not have been required prior to the reclassification; and OTC Board of Commissioners’ Minutes February 6, 2018 Page 6 WHEREAS, Little Pleasant Lake was, at one time, part of Pleasant Lake which is larger than 150 acres in size and is classifies as a Recreational Development Lake; and WHEREAS, changing the classification back to a Recreational Development Lake will not negatively affect the environment. THEREFORE, BE IT RESOLVED THAT: The Otter Tail County Board of Commissioners recognizes that there are some small, developed lakes that did not fit the need to reclassify from RD to NE. THEREFORE, BE IT FURTHER RESOLVED THAT: Otter Tail County requests the MN Department of Natural Resources (DNR) to reclassify Unnamed Lake (56-1127) locally known as Little Pleasant Lake back to a Recreational Development Lake. The motion was duly seconded by Commissioner Huebsch and, after discussion and upon vote being taken thereon, the resolution was adopted unanimously. Adopted at Fergus Falls, Minnesota, this 6th day of February 2018 OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: By: _______________________________ Attest: _______________________________ Wayne Johnson, Chair John Dinsmore, Clerk RESOLUTION REGARDING RECLASSIFICATION OF TONSETH LAKE Otter Tail County Resolution No. 2018 - 14 The following resolution was offered by Commissioner Lindquist who moved to reclassify Tonseth Lake (56-690) from Natural Environment classification to Recreational Development classification: WHEREAS, in May 2009, Tonseth Lake (56-690) was reclassified from a Recreational Development (RD) Lake to a Natural Environment (NE) Lake as part of an Otter Tail County small lake reclassification process; and WHEREAS, the reclassification process affected all lakes less than 150 acres in size; and WHEREAS, the intent of the reclassification was to reduce development density around small lakes; and WHEREAS, most of Tonseth Lake was significantly developed at the time of the reclassification; and WHEREAS, property owners were not aware that the reclassification would require Variances that would not have been required prior to the reclassification; and WHEREAS, changing the classification back to a Recreational Development Lake will not negatively affect the environment. THEREFORE, BE IT RESOLVED THAT: The Otter Tail County Board of Commissioners recognizes that there are some small, developed lakes that did not fit the need to reclassify from RD to NE. OTC Board of Commissioners’ Minutes February 6, 2018 Page 7 THEREFORE, BE IT FURTHER RESOLVED THAT: Otter Tail County requests the MN Department of Natural Resources (DNR) to reclassify Tonseth Lake (56-690) back to a Recreational Development Lake. The motion was duly seconded by Commissioner Huebsch and, after discussion and upon vote being taken thereon, the resolution was adopted unanimously. Adopted at Fergus Falls, Minnesota, this 6th day of February 2018 OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: By: _______________________________ Attest: _______________________________ Wayne Johnson, Chair John Dinsmore, Clerk Lake Name Change Request After discussion, a motion was offered by Rogness, second by Lindquist and unanimously carried to direct County Officials to draft a resolution requesting the Commissioner of the MN Department of Natural Resources (DNR) pursuant to M.S. 83A.02 to rename an Unnamed Lake locally known as Little Pleasant Lake. Mr. Kalar will return to the Board at their next regular meeting relative to this matter. Recess & Reconvene At 10:50 a.m., Chair Johnson declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The County Board meeting was reconvened at 11:00 a.m. Agricultural Utilization Research Institute (AURI) Forum Motion by Rogness, second by Huebsch and unanimously carried to authorize Commissioners to attend AURI’s New Uses Forum April 11-12, 2018, at the Crowne Plaza in Plymouth, MN. OTC on ICE 150th Anniversary Event Update Economic Development Director Nick Leonard updated the Board on the County’s 150th Anniversary kick- off event – Superbowl on ICE. The event was to recognize and celebrate the County’s culture. Mr. Leonard indicated that it was a well-organized, safe event with about 1,300 attendees and excellent media coverage. RESOLUTION DESIGNATING COUNTY STATE AID HIGHWAY LOCATION COUNTY STATE AID HIGHWAY NO. 27 Otter Tail County Resolution No. 2018 – 15 Upon a motion by Rogness, seconded by Froemming and unanimously carried, the following resolution was unanimously adopted: WHEREAS, it appears to the County Board of Commissioners of the County of Otter Tail that the highway right of way required for County State Aid Highway No. 27 under Project No. S.A.P. 056-627-014 should be accurately described and located by a highway right of way plat. NOW, THEREFORE, BE IT RESOLVED by the County Board of Commissioners of the County of Otter Tail that the Board of County Commissioners for the County of Otter Tail is hereby designating the definite location of County State Aid Highway No. 27, in Sections 2, 3, 10, 11, 14, 15, 22 & 23, Township 133 North, Range 43 West of the 5th Principal Meridian as shown on the 4 pages of OTTER TAIL COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 29. OTC Board of Commissioners’ Minutes February 6, 2018 Page 8 Adopted at Fergus Falls, Minnesota, this 6th day of February 2018 OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: By: _______________________________ Attest: _______________________________ Wayne Johnson, Chair John Dinsmore, Clerk RESOLUTION DESIGNATING COUNTY STATE AID HIGHWAY LOCATION COUNTY STATE AID HIGHWAY NO. 1 Otter Tail County Resolution No. 2018 - 16 Upon a motion by Rogness, seconded by Huebsch and unanimously carried, the following resolution was unanimously adopted: WHEREAS, it appears to the County Board of Commissioners of the County of Otter Tail that the highway right of way required for County State Aid Highway No. 1 under Project No. S.A.P. 056-601-054 should be accurately described and located by a highway right of way plat. NOW, THEREFORE, BE IT RESOLVED by the County Board of Commissioners of the County of Otter Tail that the Board of County Commissioners for the County of Otter Tail is hereby designating the definite location of County State Aid Highway No. 1 in Sections 5 & 6, Township 133 North, Range 41 West, Sections 1, 2, 3 & 4, Township 133 North, Range 42 West, Sections 31 & 32, Township 134 North, Range 41 West and Sections 33, 34, 35 & 36, Township 134 North, Range 42 West all of the 5th Principal Meridian as shown on the 6 pages of OTTER TAIL COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 30. Adopted at Fergus Falls, Minnesota, this 6th day of February 2018 OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: By: _______________________________ Attest: _______________________________ Wayne Johnson, Chair John Dinsmore, Clerk National Association of County Engineers (NACE) Annual Conference Motion by Lindquist, second by Huebsch and unanimously carried to approve out-of-state travel for the County Engineer to attend the Annual NACE conference April 22-26, 2018, at the Chula Vista Resort in Wisconsin. Agreements for S.A.P. 056-635-036 – Bridge No. 56505 Motion by Lindquist, second by Huebsch and unanimously carried to authorize the appropriate County Officials’ signatures to execute an Agreement between the County of Otter Tail and Kadrmas, Lee & Jackson, Inc. of Bismarck, ND, for bridge design and plan preparation for Bridge Replacement over the Otter Tail River on CSAH 35. Motion by Huebsch, second by Froemming and unanimously carried to authorize the appropriate County Officials’ signatures to execute an Agreement between the County of Otter Tail and Braun Intertec of West Fargo, ND, for soils evaluation for the Bridge No. 56505 Replacement over the Otter Tail River. OTC Board of Commissioners’ Minutes February 6, 2018 Page 9 Adjournment At 12:37 p.m., a motion was offered by Froemming, seconded by Rogness and unanimously carried to declare the meeting of the Otter Tail County Board of Commissioners adjourned until 9:30 a.m. on Tuesday, February 13, 2018. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: By: Attest: Wayne Johnson, Chair John Dinsmore, Clerk CB/kd OTC Board of Commissioners’ Minutes February 6, 2018 Exhibit A, Page 1 WARRANTS APPROVED ON 02/06/2018 OTC Board of Commissioners’ Minutes February 6, 2018 Exhibit A, Page 2 OTC Board of Commissioners’ Minutes February 6, 2018 Exhibit A, Page 3 OTC Board of Commissioners’ Minutes February 6, 2018 Exhibit A, Page 4