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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 06/12/2018 MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, Commissioners’ Room 515 W. Fir Avenue, Fergus Falls, MN June 12, 2018 8:30 a.m. Call to Order The Otter Tail County Board of Commissioners convened at 8:30 a.m. Tuesday, June 12, 2018, at the Government Services Center in Fergus Falls, MN, with Commissioners Wayne Johnson, Chair; Roger Froemming, Vice-Chair; John Lindquist and Doug Huebsch present. Commissioner Lee Rogness was present at 8:50 a.m. Approval of Agenda Chairman Johnson called for approval of the Board Agenda. Motion by Froemming, second by Lindquist and unanimously carried to approve the Board of Commissioners Agenda of June 12, 2018, with the following additions under General Discussion: Tax Abatement Request from Inventure Properties Spitzer Lake Flooding Consent Agenda Motion by Huebsch, second by Froemming and unanimously carried to approve Consent Agenda items as follows: 1. June 5, 2018 Board of Commissioners’ Meeting Minutes 2. Warrants/Bills for June 12, 2018 (Exhibit A) 3. Human Services Bills & Claims 4. Issuance of Application for On-Sale Wine and On/Off-Sale 3.2 Malt Liquor Licenses for Big Chief, Inc. Staff Requests Motion by Lindquist, second by Froemming and unanimously carried to authorize hiring two License Center Specialists, one to replace a vacancy and one to replace an upcoming retirement as requested by the Auditor-Treasurer. Motion by Huebsch, second by Lindquist and unanimously carried to authorize a reclassification from an Eligibility Worker to a Financial Assistance Specialist. This is a Lead Worker position and the EW position will not be backfilled. Credit Card Requests Motion by Lindquist, second by Huebsch and unanimously carried to authorize the issuance of a County Credit Card to Leah Michele Maertens, Administrative Specialist for the University of MN Extension office, as requested by the County Administrator. Election Recount Services Agreement Motion by Froemming, second by Huebsch and unanimously carried to authorize the Auditor-Treasurer to sign the agreements between the Minnesota Office of Secretary of State and the County of Otter Tail for Otter Tail County election recount services for the automatic recount of votes pursuant to Minnesota Statutes, Section 204C.35 Subdivision 1 for the 2018 primary election and 2018 general election, as necessary for State offices. The agreement for the primary election is effective July 1, 2018, or the date the State obtains all required signatures and the expiration date is September 30, 2018, or until all obligations have been satisfactorily fulfilled, whichever occurs later. The agreement for the general election would be effective November 1, 2018, or the date the State obtains all required signatures and the expiration date would be December 31, 2018, or until all obligations have been satisfactorily fulfilled, whichever occurs later. OTC Board of Commissioners’ Minutes June 12, 2018 Page 2 Liquor License Applications Motion by Huebsch, second by Lindquist and unanimously carried to approve the following applications for license: Lakeland General Store Off-Sale 3.2 malt Liquor License The Cactus On-Sale Liquor and Sunday Liquor Silver Moon Lounge and Steakhouse On-Sale Liquor, Sunday Liquor & 3.2 Malt Liquor Forgiveness of Penalty Request Motion by Huebsch, second by Lindquist and unanimously carried to approve the forgiveness of penalty request of David Thompson, in the amount of $35.16, for Parcel No. 37-000-19-0095-0000, as his circumstances fall under the hardship definition in the guidelines to consider tax and/or penalty forgiveness. CSAH No. 89 Reconstruction– S.A.P. 056-689-001 Motion by Lindquist, second by Froemming and unanimously carried to authorize the appropriate County Officials’ signatures to execute an Agreement between Apex Engineering Group, Inc. and the County of Otter Tail for the reconstruction project on CSAH 89 (Lake Shore Dr. in Battle Lake). REGIONAL PARK AND TRAIL GRANT APPLICATION Otter Tail County Resolution No. 2018 - 47 BE IT RESOLVED that the County of Otter Tail has the legal public authority to sponsor a grant funding request associated with the Perham to Pelican Rapids Regional Trail (PROJECT), which has been previously designated by the Greater Minnesota Regional Park and Trail Commission (COMMISSION) as a regional park or trail. BE IT FURTHER RESOLVED that as we are fully aware of the information provided in the funding request, including any non-state match and other long-term commitments (as defined in the funding request), related master plan and any supporting information as submitted. BE IT RESOLVED that, if selected for funding by the COMMISSION, the County of Otter Tail shall act as legal sponsor for the PROJECT contained in the Department of Natural Resources (DNR) Parks & Trails Legacy Grant Application (STATE’S GRANT APPLICATION) and Richard West is hereby authorized to apply to the Department of Natural Resources for funding of this project on behalf of the applicant. BE IT FURTHER RESOLVED that the APPLICANT has not incurred any development costs and has not entered into a written purchase agreement to acquire the property described in the funding request and therefore, also in the STATE’S GRANT APPLICATION. BE IT FURTHER RESOLVED that the APPLICANT has or will acquire fee title or permanent easement over the land described in the funding request and therefore, also in the STATE’S GRANT APPLICATION for regional parks and has or will acquire fee title, perpetual easement or a minimum of a 20-year lease over the land described in the funding request and therefore, also in the STATE’S GRANT APPLICATION for regional trails. BE IT FURTHER RESOLVED that, upon approval of its application by the State, the applicant may enter into an agreement with the State of Minnesota for the above-referenced project, and that the applicant certifies that it will comply with all applicable laws and regulations as state in the grant contract including for trails add; committing to maintain the trail for a period of no less than 20 years and providing a perpetual easement for recreational trail purposes on all lands acquired for trail use. OTC Board of Commissioners’ Minutes June 12, 2018 Page 3 NOW, THEREFORE BE IT RESOLVED that the County Board Chair is hereby authorized to execute such agreements as are necessary to implement the project on behalf of the applicant. The motion for the adoption of the foregoing resolution was introduced by Commissioner Huebsch, duly seconded by Commissioner Froemming and, after discussion thereof and upon vote being taken thereon, the following voted in favor: Commissioners Huebsch, Johnson, Lindquist, Froemming, and Rogness Adopted at Fergus Falls, Minnesota this 5th day of June 2018 OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: By: Attest: Wayne Johnson, Board Chair John Dinsmore, Clerk Spitzer Lake Commissioner John Lindquist opened discussion regarding flooding issues on Spitzer Lake (56-160). The lake is about 2’ higher than it was last fall and is currently endangering properties on a peninsula of the lake. Spitzer does not have an outlet or inlet and the elevation of the lake bounces considerably. There have been meetings with various interested parties regarding the situation. Constructing an outlet project to drain water would be difficult as the water would need to be moved about 4 miles by gravity and pump. Discussion took place about tax relief for affected properties and FEMA involvement. Emergency Manager Patrick Waletzko indicated that the State could declare the area in a State of Emergency if the County can pinpoint the flooding to a series of events with specific dates. If the State declared the area in a State of Emergency, there could be some funding to mitigate long term issues and reimbursement for emergency protective measures. (This paragraph is amended on the 06/26/2018 CB minutes) Motion by Huebsch, second by Rogness and unanimously carried to authorize the County to do an engineering study for an estimate to determine how to reduce the water by building a control structure. Because this is an environmental emergency, a motion was offered by Rogness, seconded by Lindquist and unanimously carried to declare Spitzer Lake in a local state of emergency and authorize County staff to use all their resources to expedite temporary protective measures for properties/homes affected by flooding on the lake. Motion by Rogness, second by Lindquist and unanimously carried to direct the Emergency Manager to draft a resolution to apply to the State of Minnesota for a long-range state of emergency for Spitzer Lake to assist with flooding mitigation. Tax Abatement Request – Inventure Properties County Administrator, John Dinsmore, requested authority to publish a notice to consider a tax abatement for the former Catholic Charities building for a new Chemical Dependency program. Motion by Rogness, second by Huebsch and unanimously carried to schedule a Public Hearing at 9:00 a.m. on Tuesday, June 26, 2018, to consider a tax abatement for Inventure Properties, aka Fergus Care Center, LLC, for a Chemical Dependency Treatment program to be located at 1010 Maryland Ln, Fergus Falls, MN. The City of Fergus Falls is also considering a tax abatement for this property. Recess At 9:40 a.m., Chair Johnson declared the meeting of the Otter Tail County Board of Commissioners recessed for committee meetings. OTC Board of Commissioners’ Minutes June 12, 2018 Page 4 Public Hearing – Proposed Animal Bite and Dangerous Dog Ordinance At 10:35 a.m., Chairman Johnson opened the Public Hearing to discuss a proposed Animal Bite and Dangerous Dog Ordinance. The draft Ordinance was previously posted on the County website and included in the Agenda Packet. County Officials were present along with two individuals who signed the attendance sheet as follows: Lynn Cave and Christy Bjorgen The Public Health Director highlighted the main changes to the proposed Ordinance summarized as follows: • The Otter Tail County Animal Bite and Dangerous Dog Ordinance is intended to replace the current Animal Health and Control Ordinance • The definitions were alphabetized for clarity and new definitions were added for dangerous dog, potentially dangerous dog and hearing officer • Reference to the Human Services Board was change to County Board • The hearing office was changed to County Administrator or his/her designee form the County Board and a change was made that the County Board hear any appeal from the hearing officer rather than the district court • The dates for processing a petition were changed to 14 days consistent with statute, rather than 15 days • The Sheriff’s Department was added for authority to enforce the Ordinance and coordinate with Public Health for better outcomes Chairman Johnson opened the Hearing for comments from the public in attendance. A copy of a Citizen’s Complaint and comments regarding the proposed Ordinance was submitted by Steven Sanda of Ottertail City. Commissioners acknowledged the correspondence and it was entered into the record. Lynn Cave, President of Long Lake Property Owners Association thanked County Officials for their work on the proposed Ordinance, spoke in favor of it, and indicated that she has received many calls regarding dog issues. Hearing no further comment, Chairman Johnson closed the Public Hearing at 10:50 a.m. and opened the meeting for the remainder of the regular County Board Agenda items. Otter Tail County Animal Bite and Dangerous Dog Ordinance Motion by Lindquist, second by Froemming and unanimously carried to enact revisions to replace the Animal Health and Control Ordinance with the Otter Tail County Animal Bite and Dangerous Dog Ordinance as presented by the Public Health Director. Effective date of the Ordinance is June 30, 2018. Recess & Reconvene At 11:05 a.m., Chair Johnson declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The Board meeting was reconvened at 11:29 a.m. Joint Ditch #2 Motion by Huebsch, second by Froemming and unanimously carried to appoint Commissioners Rogness and Lindquist to represent Otter Tail County on the Joint Ditch 2 Board as the Drainage Authority along with Wilkin County and the Buffalo Red River Watershed District (BRRWD). OTC Board of Commissioners’ Minutes June 12, 2018 Page 5 County Ditch #25 Kevin Fellbaum, Ditch Inspector, showed the Board where clean-out work had been completed in Ditch 25 from CSAH 35 to the outlet of Wendt Lake. Bill and Elaine Schepper spoke to the Board about standing water on their property which they believe is a result of a culvert under CSAH 35 that had been changed in CY2000 from a 20” culvert to 2-18” culverts at a higher elevation than the original culvert. The Schepper’s indicated that the culvert under CSAH 35 is not working. Julie Adland, Hydrologist, from the Department of Natural Resources (DNR) indicated that there is some concern with lowering the culverts because it would allow more sediment moving into Big McDonald Lake. Discussion continued about the elevation difference between CSAH 35 and the culvert. Commissioners requested the Highway Department obtain elevation data and reschedule on an upcoming County Board Agenda. Driver’s License REAL ID Motion by Lindquist, second by Rogness and unanimously carried to close the Motor Vehicle License Department located at the Government Services Center on Monday, July 23, 2018 and Tuesday, July 24, 2018. The staff will be attending a training in Alexandria for issuing the new Minnesota REAL ID drivers licenses. Adjournment At 12:00 p.m., a motion was offered by Lindquist, seconded by Rogness and unanimously carried, to declare the meeting of the Otter Tail County Board of Commissioners adjourned until 8:30 a.m. on Tuesday, June 26, 2018. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: By: Attest: Wayne Johnson, Chair John Dinsmore, Clerk CB/kd OTC Board of Commissioners’ Minutes June 12, 2018 Exhibit A, Page 1 WARRANTS APPROVED ON 6/12/2018 OTC Board of Commissioners’ Minutes June 12, 2018 Exhibit A, Page 2 OTC Board of Commissioners’ Minutes June 12, 2018 Exhibit A, Page 3 OTC Board of Commissioners’ Minutes June 12, 2018 Exhibit A, Page 4